Terms of service

OVERVIEW

This website is operated by Cozy in Christ (“we,” “us,” “our”). We offer this site, and all information, tools, products and services available from it, to you (the “Service”), conditional on your acceptance of the terms, conditions, policies and notices below.

By visiting our site and/or purchasing from us, you engage with the Service and agree to be bound by these Terms of Service (“Terms”), including any additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, vendors and content contributors.

Please read these Terms carefully. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all the terms, you may not access the website or use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We may update, change or replace any part of the Terms by posting updates to our website. It’s your responsibility to check for changes; your continued use after updates constitutes acceptance.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state/territory or that you have consented to allow your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including copyright laws).

You must not transmit any worms, viruses or destructive code.

A breach of any Term may result in immediate termination of your access to the Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse the Service to anyone, for any reason, at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

Headings in these Terms are for convenience only and do not limit the Terms.

SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

We are not responsible if information on the site is not accurate, complete or current. Material is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more complete or more timely sources. Any reliance is at your own risk.

This site may contain historical information, which is not current and is for reference only. We may modify site contents at any time but have no obligation to update information. You agree it’s your responsibility to monitor changes.

SECTION 4 – MODIFICATIONS TO THE SERVICE & PRICES

Prices are subject to change without notice.

We may modify or discontinue the Service (or any part/content) at any time without notice.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online and may have limited quantities. Returns or exchanges are only as set out in our Refund Policy.

We make every effort to display product colours and images accurately; we cannot guarantee your device’s display will be accurate.

We reserve the right to limit sales of products/services to any person, geographic region or jurisdiction and to limit quantities. Descriptions and pricing may change at any time without notice. We may discontinue any product at any time. Any offer is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING & ACCOUNT INFORMATION

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household or per order (including orders under the same account, credit card or billing/shipping address). If we change or cancel an order, we may attempt to notify you via the email and/or billing details provided. We may also limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information, and to promptly update your email, payment details and expiry dates so we can complete transactions and contact you as needed.

See our Refund Policy for more details.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools which we do not monitor or control. You acknowledge that we provide such tools “as is” and “as available,” without warranties or endorsements. We have no liability arising from your use of optional third-party tools.

Use of any optional tools is entirely at your own risk and discretion, and you should ensure you approve the terms provided by the relevant third-party provider(s).

We may also offer new services/features in future (including new tools/resources). Such features are part of the Service and subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via the Service may include materials from third parties.

Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and assume no liability for third-party materials, sites, products or services.

Review third-party policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK & SUBMISSIONS

If you submit creative ideas, suggestions, proposals, plans or other materials (collectively, “comments”), whether requested by us or not, you agree that we may at any time edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us, without restriction. We are under no obligation to: (1) maintain comments in confidence; (2) pay compensation; or (3) respond.

We may (but have no obligation to) monitor, edit or remove content we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms.

You agree your comments will not violate any rights of third parties (including copyright, trademark, privacy, personality or other personal or proprietary rights), nor contain unlawful, abusive or obscene material, nor any virus/malware. You may not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of comments. You are solely responsible for your comments and their accuracy.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES & OMISSIONS

From time to time, information on the site or in the Service may contain typographical errors, inaccuracies or omissions (e.g., product descriptions, pricing, promotions, offers, shipping charges, transit times, availability). We reserve the right to correct, update or cancel orders if any information is inaccurate at any time without prior notice (including after you submit an order).

Except as required by law, we undertake no obligation to update, amend or clarify information (including pricing). Any update/refresh date should not be taken to indicate that all information has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions in these Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any applicable laws or regulations; (d) to infringe upon our or others’ intellectual property; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features of the Service or related websites. We may terminate your use of the Service for violating any prohibited use.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free, or that results will be accurate or reliable. We may remove or cancel the Service at any time without notice.

You expressly agree that your use of the Service is at your sole risk. The Service and all products/services delivered through it are (except as expressly stated by us) provided “as is” and “as available,” without any representations, warranties or conditions of any kind, express or implied, including implied warranties/conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

To the fullest extent permitted by law, in no case shall Cozy in Christ, our directors, officers, employees, affiliates, agents, contractors, suppliers or service providers be liable for any injury, loss, claim, or any direct/indirect, incidental, punitive, special or consequential damages of any kind (including lost profits, revenue, savings, data, replacement costs), arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including errors or omissions in any content, or any loss/damage incurred as a result of using the Service or any content/product posted, transmitted or otherwise made available via the Service, even if advised of the possibility. Some jurisdictions do not allow certain exclusions; where prohibited, our liability is limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cozy in Christ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand (including reasonable legal fees) made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms is unlawful, void or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. The remaining provisions remain valid and enforceable.

SECTION 16 – TERMINATION

Obligations and liabilities incurred prior to termination survive termination.

These Terms are effective unless and until terminated by you or us. You may terminate at any time by notifying us that you no longer wish to use the Service or when you cease using the site.

If, in our sole judgment, you fail (or we suspect you have failed) to comply with any Term, we may terminate this agreement without notice and you remain liable for all amounts due up to and including the termination date; we may also deny you access to the Service.

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision shall not constitute a waiver.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and supersede any prior or contemporaneous agreements, communications and proposals (oral or written), including prior versions of the Terms.

Any ambiguities in interpretation shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements whereby we provide the Service are governed by and construed in accordance with the laws of Australia (without regard to conflict-of-laws principles).

SECTION 19 – CHANGES TO TERMS

You can review the most current version of the Terms at any time on this page. We may update, change or replace any part of the Terms by posting updates on our website. It is your responsibility to check periodically. Your continued use of the website or Service after changes constitutes acceptance.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms should be sent to info@cozyinchrist.store.

SECTION 21 – SMS POLICY

By consenting to Cozy in Christ SMS marketing at checkout or via our subscription tools, you agree to receive recurring text notifications (including order updates and abandoned-checkout reminders), marketing offers, and transactional texts (message frequency varies). Consent is not a condition of purchase.

To unsubscribe, reply STOP to any message or use the unsubscribe link in our texts. Standard message and data rates may apply. You are responsible for charges imposed by your wireless provider. For help, reply HELP to the number you received messages from or contact info@cozyinchrist.store.

We may change any telephone number or short code used to operate the service; you will be notified of such changes. Messages sent to an old number/short code (including STOP/HELP) may not be received; we are not liable for honouring requests sent to retired numbers/short codes.

To the extent permitted by applicable law, we are not liable for failed, delayed or misdirected delivery of information sent through the service, any errors in such information, and/or actions you take or do not take in reliance on the information or Service.

Your privacy matters to us. See our Privacy Policy for how we collect and use your personal information.

Class Action Waiver:

You and Cozy in Christ agree that claims may be brought only in your or our individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Unless otherwise agreed in writing, an arbitrator may not consolidate or join claims of others or preside over any representative or class proceeding. Where applicable law requires, questions about enforceability of this waiver may be determined by a court of competent jurisdiction.