Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to I Need a Favour.
“I Need a Favour” is operated by Melissa Marie Schipano trading as I Need a Favour (ABN 44 937 306 594).
Throughout these Terms of Service, the terms “we”, “us” and “our” refer to I Need a Favour.
These Terms of Service govern your use of our website, online store, products and related services. Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to offer our products and services to you.
By accessing our website, creating an account or placing an order, you agree to these Terms of Service together with our Privacy Policy, Return and Refund Policy and Shipping Policy.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable Australian law.
SECTION 1 - ACCESS AND ACCOUNTS
You must provide accurate, current and complete information when using our website, creating an account or placing an order.
You are responsible for maintaining the confidentiality of your account details and for activity carried out using your account.
You must not use our website or services for any unlawful purpose or in a way that infringes the rights of another person.
SECTION 2 - OUR PRODUCTS
We take reasonable care to ensure that product descriptions, photographs, colours, dimensions and other information displayed on our website are accurate.
Colours and product appearance may vary slightly depending on your screen, device or display settings. Handmade, assembled or individually finished products may also have minor variations between items.
These reasonable variations do not affect any rights you may have under the Australian Consumer Law.
We may update product descriptions, pricing, availability or product ranges from time to time and may discontinue a product without notice.
All products are subject to availability.
SECTION 3 - ORDERS
Submitting an order is an offer to purchase products from us.
An order is accepted when we confirm it and payment has been successfully processed or, for an approved wholesale or trade customer, when the order is otherwise accepted under agreed wholesale payment terms.
Please check your order carefully before submitting it.
We may be unable to accommodate cancellation or amendment requests once an order has been accepted or prepared for dispatch.
If we cannot fulfil an order, identify a pricing or stock error, or otherwise need to decline or cancel an order, we will contact you using the details provided with the order and arrange any refund that is required.
Retail returns are governed by our Return and Refund Policy.
SECTION 4 - RETAIL AND WHOLESALE PURCHASES
Our website may be used by both retail customers and approved wholesale or trade customers.
Retail purchases are generally intended for personal, household or gift use.
Approved wholesale and trade customers may purchase products for commercial resale.
Wholesale purchases may be subject to separate wholesale pricing, payment terms, minimum quantities, freight arrangements, order requirements or other Wholesale Terms and Conditions.
Where separate Wholesale Terms and Conditions apply to an approved wholesale order, those terms form part of the agreement between us and the wholesale customer and will apply to that order to the extent of any inconsistency with these general Terms.
Wholesale or trade purchases for resale do not receive a change-of-mind return right unless we agree otherwise in writing.
Nothing in these Terms excludes any right or remedy that cannot lawfully be excluded.
SECTION 5 - PRICES AND PAYMENT
Unless otherwise stated, prices displayed on our website are shown in Australian dollars (AUD).
Retail pricing and wholesale or trade pricing may differ.
I Need a Favour is not currently registered for GST, so GST is not separately charged unless otherwise expressly stated.
Shipping charges and any other applicable charges will be shown before an online order is completed or set out on the relevant wholesale invoice or order confirmation.
Prices, discounts, offers and promotions may change without notice. This will not affect an order that we have already accepted unless required to correct an obvious error.
You must provide accurate payment and billing information and must be authorised to use the payment method supplied.
SECTION 6 - SHIPPING AND DELIVERY
Shipping options, charges and estimated delivery times are set out at checkout and in our Shipping Policy.
Delivery timeframes are estimates only and may be affected by carrier delays, severe weather, public holidays, peak delivery periods or other events outside our reasonable control.
If an order is lost, damaged or otherwise affected during delivery, please contact us so we can investigate the matter and determine the appropriate resolution.
Nothing in this section limits any rights or remedies available under the Australian Consumer Law.
SECTION 7 - RETURNS, REFUNDS AND FAULTY PRODUCTS
Retail returns and change-of-mind requests are governed by our Return and Refund Policy.
Our voluntary return policy operates in addition to any rights you may have under the Australian Consumer Law.
Consumer guarantees cannot be excluded or restricted where they apply. Depending on the circumstances, customers may be entitled to a repair, replacement, refund or other remedy if goods fail to meet an applicable consumer guarantee.
Wholesale and trade customers should refer to the wholesale provisions of our Return and Refund Policy and any applicable Wholesale Terms and Conditions.
SECTION 8 - INTELLECTUAL PROPERTY
Unless otherwise stated, the content of our website, including our business name, branding, logo, graphics, photographs, product imagery, written content and website design, is owned by or licensed to I Need a Favour and is protected by applicable intellectual property laws.
You may use our website for ordinary personal shopping and browsing purposes.
You must not reproduce, distribute, modify, republish or commercially exploit our website content without our prior written permission, except where permitted by law.
Approved wholesale customers may use product images or marketing materials that we expressly provide or authorise for the purpose of promoting and reselling our products, subject to any conditions we provide.
Shopify and other third-party names, logos and trademarks remain the property of their respective owners.
SECTION 9 - THIRD-PARTY SERVICES AND LINKS
Our website may contain links to or functionality provided by third parties, including payment providers, delivery providers, social media platforms and technology providers.
Third-party services may be subject to their own terms, conditions and privacy policies.
We are not responsible for third-party websites or services except to the extent required by law.
SECTION 10 - RELATIONSHIP WITH SHOPIFY
I Need a Favour is powered by Shopify, which enables us to provide our online store and related services.
Any sale or purchase made through our store is made directly between you and I Need a Favour.
Shopify is not the seller of our products and is not responsible for fulfilling your order.
SECTION 11 - PRIVACY
Personal information collected through our website is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, Shopify may collect and process personal information in connection with your access to and use of our store.
Information may also be shared with service providers where reasonably necessary to process payments, fulfil orders, provide delivery services, operate our website or provide customer service.
Please review our Privacy Policy for further information about how personal information is collected, used and disclosed.
SECTION 12 - REVIEWS, FEEDBACK AND SUBMITTED CONTENT
If you provide us with a review, photograph, testimonial, suggestion, feedback or other content, you confirm that you have the right to provide it and that it does not infringe another person’s rights or contain unlawful or misleading material.
Unless otherwise agreed, you grant us permission to use reviews, feedback or submitted content for reasonable business and promotional purposes.
We may remove content from our website where we reasonably consider it unlawful, misleading, offensive or in breach of these Terms.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
We may occasionally make typographical, pricing, stock, product-description or other errors on our website.
We may correct errors and update information when identified.
If an error affects an order you have already placed, we will contact you and, where appropriate, give you the option to proceed with the corrected information or receive a refund.
SECTION 14 - PROHIBITED USES
You must not use our website or services:
- for unlawful or fraudulent purposes;
- to infringe another person’s intellectual property, privacy or other rights;
- to transmit malware, viruses or harmful code;
- to interfere with the security or operation of our website;
- to collect information about other users without authority;
- to impersonate another person or provide deliberately false information;
- to send spam or other unauthorised communications; or
- to scrape, reproduce or commercially exploit substantial parts of our website without permission.
We may restrict or terminate access where we reasonably believe these Terms have been breached.
SECTION 15 - DISCLAIMER AND AUSTRALIAN CONSUMER LAW
To the maximum extent permitted by law, we do not guarantee that our website will always be uninterrupted, error-free or available.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy imposed by the Australian Consumer Law or other law that cannot lawfully be excluded, restricted or modified.
Where liability can lawfully be limited, it will only be limited to the extent permitted by applicable law.
SECTION 16 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, we are not liable for indirect or consequential loss arising solely from use of our website where that loss was not reasonably foreseeable.
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability arising from rights or remedies under the Australian Consumer Law that cannot be excluded.
SECTION 17 - TERMINATION
We may suspend or terminate access to our website or customer accounts where we reasonably believe these Terms have been breached, fraudulent activity has occurred, or doing so is necessary to protect our business, customers or systems.
Any outstanding payment obligations and provisions that by their nature continue after termination will remain in effect.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be removed or limited to the minimum extent necessary without affecting the validity or enforceability of the remaining provisions.
SECTION 19 - ENTIRE AGREEMENT
These Terms, together with our policies and any additional terms agreed for a particular order, form the agreement governing your use of our website and purchases from us.
For approved wholesale or trade customers, any applicable Wholesale Terms and Conditions, accepted wholesale application, order confirmation, invoice or agreed trading terms also form part of the agreement.
SECTION 20 - GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia.
You and I Need a Favour submit to the jurisdiction of the courts and tribunals of Victoria and any courts entitled to hear appeals from them.
Nothing in this section limits any rights you may have under applicable consumer protection legislation.
SECTION 21 - CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, website, policies, products or legal requirements.
The current version will be published on our website.
Changes will apply from the date they are published unless otherwise stated and will not retrospectively remove rights that have already arisen.
SECTION 22 - CONTACT INFORMATION
Questions about these Terms of Service can be sent to us at contactineedafavour@gmail.com.
I Need a Favour
Operated by Melissa Marie Schipano
ABN 44 937 306 594
Victoria, Australia
Email: contactineedafavour@gmail.com