Terms of service
OVERVIEW
Welcome to Mabelette. The terms “we”, “us” and “our” refer to Mabelette. Mabelette operates this store and website, including all related information, content, features, tools, products and services (the “Services”) to provide you with a curated shopping experience. Mabelette is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you confirm that you are at least 18 years old, or that you have permission from a parent or legal guardian to use the Services.
To access or use the Services, including browsing our online store or purchasing products, you may be required to provide certain information, including your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete and that you have the right to provide it.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make every effort to display accurate representations of our products and services in our online store. However, colours and appearance may vary depending on your device, screen settings, and configuration.
We do not guarantee that the appearance or quality of any product will meet your expectations or exactly match how it appears online.
All product descriptions, specifications, and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities sold to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase products from Mabelette. We reserve the right to accept or decline any order at our discretion. An order is not accepted until we confirm acceptance and receive full payment.
Please review your order carefully before submitting it. Once an order is accepted, we may be unable to accommodate cancellations or changes. If we cancel or modify an order, we will attempt to notify you using the contact details provided at checkout.
All purchases are subject to our Refund Policy.
Nothing in these Terms limits any rights you may have under Australian Consumer Law.
You represent and warrant that purchases are for personal or household use only and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price displayed at the time your order is placed and confirmed.
Unless stated otherwise, prices do not include taxes, shipping, customs duties, or import charges. Prices displayed online may differ from prices offered by third parties.
You agree to provide accurate and complete billing and payment information and to promptly update your details as needed. You represent that you are authorised to use the payment method provided and that all charges will be honoured.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times provided are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Risk in the products passes to you upon delivery. If your order is lost in transit or arrives damaged, please contact us and we will work with the carrier to resolve the issue.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including trademarks, branding, text, images, graphics, videos, audio, and design, is owned by or licensed to Mabelette and is protected by Australian and international intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, or exploit any content without our prior written consent. All rights not expressly granted are reserved by Mabelette.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor or control. These tools are provided “as is” and “as available,” without warranties or representations.
Your use of optional third-party tools is entirely at your own risk and subject to the third party’s terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. Accessing third-party websites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Mabelette is powered by Shopify, which enables us to provide the Services. All purchases are made directly with Mabelette, not Shopify. Shopify is not responsible for any aspect of sales or transactions between you and Mabelette.
You expressly release Shopify and its affiliates from any claims arising from purchases made through our Services.
SECTION 10 – PRIVACY POLICY
Your personal information is handled in accordance with our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you acknowledge that your information may be processed by Shopify and third-party service providers, including those located outside Australia.
SECTION 11 – FEEDBACK
If you submit feedback, reviews, or suggestions, you grant us a perpetual, royalty-free, worldwide licence to use that content for any purpose. We are under no obligation to maintain confidentiality or provide compensation.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any errors or inaccuracies and to cancel or modify orders if information is inaccurate, at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful, abusive, fraudulent, or harmful purposes, or to violate any laws or intellectual property rights. We reserve the right to suspend or terminate access if these Terms are violated.
SECTION 14 – TERMINATION
We may terminate your access to the Services at any time without notice. Obligations incurred prior to termination remain enforceable.
SECTION 15 – DISCLAIMER OF WARRANTIES
Except as required under Australian Consumer Law, the Services and products are provided “as is” and “as available,” without warranties of any kind.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Mabelette, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mabelette, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia. You and Mabelette submit to the non-exclusive jurisdiction of the courts of New South Wales.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to:
contact@mabelette.com
Mabelette
ABN: 35 872 556 984