Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to TWO TWO THREE. The terms “we”, “us” and “our” refer to TWO TWO THREE.
TWO TWO THREE operates this website and online store, including all related information, content, features, tools, products and services (collectively, the Services) to provide you with a curated shopping experience. Our store is powered by Shopify Inc. (Shopify), which enables us to provide the Services to you.
These Terms of Service (Terms), together with any policies referenced in them (including our Privacy Policy and Refund Policy), set out your rights and obligations when you access or use the Services.
Please read these Terms carefully. They contain important information about your legal rights, including limitations of liability.
By accessing, browsing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
SECTION 1 – ACCESS AND ACCOUNTS
By using the Services, you confirm that you are at least 18 years old, or that you are accessing the Services under the supervision of a parent or legal guardian.
To access certain features of the Services or place orders, you may be required to provide personal information including your name, email address, billing, payment and shipping details. You warrant that all information you provide is accurate, current and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must not sell, transfer, assign or license your account to any other person.
SECTION 2 – PRODUCTS AND DESCRIPTIONS
We take reasonable care to display accurate product information, including descriptions, images and pricing. However:
- Colours and appearance may vary depending on your device and screen settings; and
- Product images are for illustrative purposes only.
To the extent permitted by law, we do not guarantee that products will exactly match images or descriptions displayed on the Services.
All product descriptions, availability and pricing are subject to change at any time without notice. We reserve the right to discontinue or limit the supply of any product.
Nothing in this section excludes or limits your rights under the Australian Consumer Law.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Orders are not accepted until we confirm acceptance and payment has been successfully processed.
We reserve the right to accept or reject any order at our discretion, including where:
- a product is unavailable; or
- there is a pricing or description error; or
- we suspect fraudulent or unauthorised activity.
If an order is cancelled or amended, we will attempt to notify you using the contact details provided.
All purchases are subject to our Refund Policy, which operates in addition to your rights under the Australian Consumer Law.
You confirm that purchases are for personal or household use only and not for resale or commercial purposes.
SECTION 4 – PRICING AND PAYMENT
All prices are listed in Australian dollars (AUD) unless otherwise stated.
Prices may change without notice. The price charged will be the price displayed at the time your order is placed. Prices do not include shipping, taxes, duties or customs charges unless expressly stated.
You agree to provide valid and up-to-date payment information and authorise us to charge the applicable amounts for your order, including shipping and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. Delays may occur due to factors outside our control, including carrier delays or customs processing.
Risk in goods passes to you upon delivery to the address nominated in your order. Title passes upon full payment.
Nothing in this section limits your rights under the Australian Consumer Law, including where goods are lost or damaged in transit.
SECTION 6 – AUSTRALIAN CONSUMER LAW
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law.
SECTION 7 – INTELLECTUAL PROPERTY
All content on the Services, including text, images, graphics, logos, designs, audio, video and software, is owned by or licensed to TWO TWO THREE 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.
“TWO TWO THREE” and all related branding are trademarks of TWO TWO THREE. Shopify trademarks remain the property of Shopify.
SECTION 8 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES
The Services may include access to third-party tools or services that we do not control. These are provided “as is” and “as available”.
We are not responsible for third-party tools, websites or services, and your use of them is at your own risk. Any dealings you have with third parties are solely between you and the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
This store is powered by Shopify. However, all purchases are made directly with TWO TWO THREE.
You acknowledge that Shopify is not responsible for any aspect of transactions between you and TWO TWO THREE, and you release Shopify from any claims arising from such transactions.
SECTION 10 – PRIVACY
All personal information collected through the Services is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).
Because our store is hosted by Shopify, your information may be processed by Shopify and service providers 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, including marketing.
You warrant that your feedback is lawful, accurate and does not infringe third-party rights.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors or inaccuracies and to cancel orders where information is incorrect, including after an order has been placed.
SECTION 13 – PROHIBITED USE
You must not use the Services for any unlawful purpose, interfere with the operation of the Services, infringe intellectual property rights, or engage in abusive, misleading or fraudulent conduct.
We may suspend or terminate access if you breach these Terms.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time. Any obligations incurred prior to termination remain payable.
SECTION 15 – DISCLAIMER
To the extent permitted by law, the Services are provided “as is” and “as available”. We do not guarantee uninterrupted or error-free access.
This section does not exclude rights under the Australian Consumer Law.
SECTION 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, our liability is limited to:
- resupplying the goods or services; or
- paying the cost of having them resupplied.
We are not liable for indirect or consequential loss, except where liability cannot be excluded under the Australian Consumer Law.
SECTION 17 – INDEMNITY
You agree to indemnify us against any loss or damage arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision is found to be unenforceable, the remaining provisions remain in effect.
SECTION 19 – ENTIRE AGREEMENT
These Terms, together with referenced policies, constitute the entire agreement between you and us.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.
SECTION 22 – CHANGES TO TERMS
We may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.
SECTION 23 – CONTACT DETAILS
TWO TWO THREE
Email: admin@twotwothree.com.au
Address: 2 Wulumay Close, Rozelle NSW 2039
Phone: 0400 173 983
ABN: 64 625 525 593