Terms of Service

OVERVIEW

Welcome to Jenny&Julie!

The terms “we”, “us” and “our” refer to Jenny&Julie. Jenny&Julie operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”).

Jenny&Julie is powered by Shopify, which enables us to provide the Services to you.

These Terms and Conditions, together with any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using our Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, responsibilities and the limitations that may apply when using our Services.

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 of Service or our Privacy Policy, you should not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or territory of residence, or that you have given consent for any minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information such as your email address, billing details, payment information and shipping information.

You represent and warrant that all information you provide is accurate, current and complete and that you have the necessary rights to provide that information.

You are solely responsible for maintaining the security of your account credentials and for all activity carried out through your account.

You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to accurately represent our products and services in our online store.

However, colours and product appearance may vary slightly depending on your device, screen settings, lighting conditions and other factors.

We do not guarantee that the appearance of a product on your screen will exactly match the product you receive.

Nothing in this section limits any rights or guarantees you may have under the Australian Consumer Law.

Product descriptions, availability and other details may be updated or changed at any time without prior notice.

We reserve the right to discontinue products and, where permitted by law, limit the quantities available to any person, geographic region or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from Jenny&Julie.

Jenny&Julie reserves the right to accept or decline an order where permitted by law, including in circumstances involving suspected fraud, pricing errors, stock availability or incorrect information.

Your order is not accepted until we confirm acceptance and successfully process your payment.

Please review your order carefully before submitting it, as we may not be able to accommodate cancellation or modification requests after your order has entered processing.

If we need to change, decline or cancel an order, we will make reasonable efforts to notify you using the email address, billing information or other contact details provided when the order was placed.

Purchases are subject to our Refund Policy, in addition to any rights you may have under the Australian Consumer Law.

You confirm that purchases made through our store are intended for personal or household use and not for unauthorised commercial resale.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without prior notice.

The price charged for a product will be the price displayed and confirmed at the time your order is placed, subject to any correction of genuine errors as permitted by law.

Unless otherwise stated, prices displayed for Australian customers are in Australian dollars (AUD).

Where required by Australian law, displayed prices include applicable taxes, duties and unavoidable charges.

Any optional charges will be clearly disclosed before you complete your purchase.

Promotional offers may be governed by additional terms and conditions. If there is a conflict between specific promotion terms and these Terms, the promotion terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your information where necessary so that we can complete your transactions and contact you regarding your order.

You represent and warrant that:

  • The payment information you provide is accurate and complete

  • You are authorised to use the selected payment method

  • Your payment provider is authorised to process the applicable charges

  • You will pay the total amount shown and agreed to at checkout

SECTION 5 – SHIPPING AND DELIVERY

Delivery timeframes provided by Jenny&Julie are estimates unless expressly stated otherwise.

Delivery may occasionally be affected by circumstances outside our reasonable control, including carrier delays, customs processing, severe weather, high seasonal demand or other unexpected events.

We will make reasonable efforts to ensure your order is delivered within the estimated timeframe.

If your order is significantly delayed or does not arrive within the agreed or a reasonable timeframe, please contact us at support@jennyjulie.com so we can assist you.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.

Please refer to our Shipping Policy for additional information regarding processing times, estimated delivery times and tracking.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including trademarks, branding, text, graphics, photographs, product images, videos, audio, reviews, website design, layouts and other content, are owned by or licensed to Jenny&Julie, its affiliates or licensors.

Such content may be protected by Australian and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal and non-commercial use only.

Unless expressly permitted by us in writing, you must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit material from our Services for commercial purposes.

Nothing in these Terms grants you ownership of, or a licence to use, any intellectual property belonging to Jenny&Julie, Shopify or another third party except as expressly stated.

Jenny&Julie names, logos, designs, product names and slogans may be trademarks or intellectual property of Jenny&Julie or its licensors and must not be used without prior written permission.

Shopify's names, logos and other intellectual property belong to Shopify or its respective licensors.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools or services offered by third parties.

We do not necessarily monitor, control or have input over these third-party tools.

To the extent permitted by law, access to these tools may be provided on an “as is” and “as available” basis.

Your use of optional third-party tools is at your own discretion and subject to the terms and conditions of the relevant third-party provider.

We may introduce new tools, resources or features through our Services in the future.

Unless otherwise stated, these features will form part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to websites, services, content or functionality operated by third parties.

We are not responsible for examining or verifying all third-party content, websites, products or services.

If you choose to access a third-party website or service, you do so subject to that third party's terms, policies and practices.

To the extent permitted by law, Jenny&Julie is not responsible for loss or damage arising solely from your use of third-party websites, products or services over which we have no control.

Please carefully review the relevant third party's policies before completing a transaction.

Questions or complaints regarding third-party products or services should generally be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Jenny&Julie is powered by Shopify, which provides the technology that enables us to operate our online store.

However, purchases made through our store are made directly between you and Jenny&Julie.

Shopify is not the seller of products purchased directly from Jenny&Julie.

Your relationship with Shopify may also be governed by Shopify's own applicable terms and privacy policies.

Nothing in this section excludes any rights or remedies that cannot lawfully be excluded.

SECTION 10 – PRIVACY POLICY

Personal information we collect through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with Shopify's Privacy Policy.

Because our Services are hosted through Shopify, Shopify may collect and process certain personal information relating to your access to and use of our Services.

Information you submit may also be processed by service providers located in countries other than Australia where necessary to operate our store and provide our Services.

Please review our Privacy Policy for further information about how we, Shopify and our service providers handle personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals or other content to us (“Feedback”), you grant Jenny&Julie a worldwide, royalty-free and sublicensable licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes connected with operating, improving and promoting our Services, subject to applicable law.

You represent and warrant that:

  • You own or have the necessary rights to submit the Feedback

  • You have disclosed any compensation or incentive received in connection with the Feedback where required

  • Your Feedback does not infringe another person's rights

  • Your Feedback complies with these Terms and applicable law

We are not required to keep Feedback confidential, pay compensation for Feedback or respond to Feedback unless otherwise agreed or required by law.

We may moderate or remove Feedback that we reasonably believe is unlawful, abusive, defamatory, obscene, misleading, infringing or otherwise violates these Terms.

You must not use a false identity or intentionally misrepresent the origin of Feedback.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, estimated delivery times or availability.

Where permitted by law, we reserve the right to correct genuine errors or inaccuracies and update information.

If an error materially affects an order you have already placed, we will deal with the situation in accordance with applicable Australian law and contact you where appropriate.

Nothing in this section permits Jenny&Julie to engage in misleading or deceptive conduct or removes any rights available under the Australian Consumer Law.

SECTION 13 – PROHIBITED USES

You may access and use our Services only for lawful purposes.

You must not use the Services, directly or indirectly:

  • For an unlawful, fraudulent or malicious purpose

  • To violate applicable Commonwealth, state, territory, local or international laws

  • To infringe our intellectual property rights or those of another party

  • To harass, abuse, threaten, defame, intimidate or unlawfully harm another person

  • To intentionally transmit false or misleading information

  • To distribute spam, junk mail, chain letters or other unauthorised promotional material

  • To impersonate another person or organisation

  • To upload or distribute viruses, malware or malicious code

  • To interfere with or circumvent security features of the Services

  • To scrape, crawl or collect information from the Services in an unauthorised manner

  • To collect or track personal information about others without lawful authority

  • To reproduce, duplicate, copy, sell, resell or commercially exploit the Services without authorisation

  • To otherwise use the Services in a way that could damage Jenny&Julie, Shopify, our customers or other users

We reserve the right to suspend or terminate access to our Services where we reasonably believe these Terms have been violated.

SECTION 14 – TERMINATION

We may suspend or terminate your access to the Services where permitted by law, including where you materially breach these Terms, misuse our Services or engage in unlawful or fraudulent activity.

You remain responsible for amounts properly due before termination.

Provisions which by their nature are intended to continue after termination will remain in effect.

These may include provisions relating to intellectual property, feedback, liability, indemnification, severability, governing law and other provisions that reasonably need to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information provided through our Services is made available for general information purposes.

While we make reasonable efforts to ensure information is accurate and up to date, we do not guarantee that all website content will always be complete, current or error-free.

Except where expressly stated and to the extent permitted by law, the Services may be provided on an “as is” and “as available” basis.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

Where the Australian Consumer Law applies, you may have rights relating to the acceptable quality, fitness for purpose and description of goods, as well as remedies where applicable consumer guarantees are not met.

SECTION 16 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Jenny&Julie and its directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for losses that are not reasonably foreseeable or that arise from circumstances for which liability can lawfully be excluded.

However, nothing in these Terms excludes, restricts or modifies any right, consumer guarantee, remedy or liability that cannot be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

Where liability may lawfully be limited, any limitation will apply only to the extent permitted by law.

Nothing in these Terms is intended to exclude liability for conduct or loss for which liability cannot legally be excluded.

SECTION 17 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Jenny&Julie and its affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against reasonable losses, liabilities, damages or third-party claims arising directly from:

  1. Your material breach of these Terms

  2. Your unlawful use of the Services

  3. Your infringement of another person's rights

This indemnity does not apply to the extent that the loss or liability was caused or contributed to by Jenny&Julie or where such an indemnity would be prohibited by applicable law.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law.

Any unenforceable portion will be treated as severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

A failure by Jenny&Julie to immediately exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms, together with any policies or additional terms posted on our website and incorporated by reference, constitute the agreement between you and Jenny&Julie regarding your use of the Services.

They supersede prior communications or agreements relating to the same subject matter, except where otherwise required by law.

Nothing in this section excludes representations, guarantees or rights that cannot lawfully be excluded.

SECTION 20 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where consent is reasonably required.

We may transfer or assign our rights and obligations under these Terms as part of a legitimate business transfer, restructuring or similar arrangement, subject to applicable law.

Nothing in this section limits any rights you have under Australian law.

SECTION 21 – GOVERNING LAW

These Terms of Service and your use of the Services are governed by the applicable laws of Australia, including the Australian Consumer Law, together with any applicable state or territory laws.

Any dispute will be dealt with by a court, tribunal or other body that has jurisdiction under applicable Australian law.

Nothing in these Terms restricts any right you may have to bring a claim in a jurisdiction available to you under applicable consumer law.

SECTION 22 – HEADINGS

Headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, change or replace parts of these Terms by publishing an updated version on our website.

Where required by applicable law, we will provide notice of material changes.

Changes will take effect from the date stated in the updated Terms or relevant notice.

Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms, except where applicable law requires another form of consent.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

Brand: Jenny&Julie
Email: support@jennyjulie.com

Our customer service team is available Monday to Friday.