Terms of service
Terms of Service
Overview
Welcome to Oli Eve. The terms “we”, “us” and “our” refer to Oli Eve.
Oli Eve operates this website and online store, including the information, content, features, products and services made available through it (the “Services”). Our online store is powered by Shopify.
These Terms of Service (“Terms”) govern your use of our website and the purchase of products from Oli Eve.
By accessing our website, using our Services or placing an order with us, you agree to these Terms together with our Privacy Policy and Returns & Refunds Policy.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
1. Online Store
By using our website or purchasing from us, you confirm that you are legally capable of entering into a binding agreement or have the permission of a parent or legal guardian where required.
You must not use our products, website or Services for any unlawful or unauthorised purpose.
You are responsible for ensuring that information you provide to us, including your contact, billing and delivery information, is accurate and complete.
2. Products
We make every reasonable effort to accurately display and describe our products, including their colours, dimensions, materials and features.
Colours and appearance may vary slightly depending on your device, screen settings, lighting and photography.
We may update product descriptions, specifications, pricing or availability from time to time.
We may discontinue products or limit the quantities available for purchase.
Nothing in this section limits your rights under the Australian Consumer Law.
3. Orders
When you place an order with Oli Eve, you are making an offer to purchase the products in your order.
We reserve the right to accept, decline or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- there is an obvious pricing or listing error;
- payment cannot be processed;
- we reasonably suspect fraud or unauthorised activity; or
- we are unable to fulfil the order.
If we cancel an order after payment has been received, we will refund the applicable amount to your original payment method.
Please check your order carefully before submitting it. Once an order has entered processing or fulfilment, we may not be able to change or cancel it.
Purchases are also subject to our Returns & Refunds Policy.
4. Personalised Products
Where you choose personalisation, including laser engraving, you are responsible for checking that the name, text, spelling, emoji or other personalisation information entered with your order is correct.
Once a personalised item has entered production, we may be unable to change or cancel the personalisation.
Personalised or custom-made products cannot generally be returned because you have changed your mind.
This does not affect your rights under the Australian Consumer Law where a personalised product is faulty, damaged, incorrectly personalised due to an error by Oli Eve, or otherwise fails to meet an applicable consumer guarantee.
5. Pre-Orders
Some Oli Eve products may be available for pre-order before stock is available for dispatch.
Any estimated shipping or availability date displayed for a pre-order product is an estimate and may change due to manufacturing, freight, customs, port delays or other circumstances outside our reasonable control.
If your order contains both in-stock and pre-order products, your complete order will be held until all items are in stock and have been processed.
We do not ordinarily split shipments. Your complete order will be sent as one shipment once everything is ready.
If there is a significant delay to a pre-order, we will provide information or remedies as required by applicable law.
6. Prices, Payments and Promotions
Unless otherwise stated, prices displayed on our Australian store are in Australian dollars (AUD) and include GST where applicable.
Prices, promotions and discounts may change from time to time.
The price applicable to your purchase is the price displayed when your order is placed, subject to correction of obvious errors.
Promotional offers may have additional terms, including start and end dates, minimum purchase requirements and product exclusions.
Unless expressly stated otherwise, promotional offers and discount codes cannot be combined.
You agree to provide accurate and authorised payment information when making a purchase.
7. Shipping and Delivery
Delivery dates, dispatch dates and transit times displayed on our website or provided during checkout are estimates unless expressly stated otherwise.
We will make reasonable efforts to dispatch and deliver orders within the estimated timeframe.
Delivery may be affected by circumstances outside our reasonable control, including carrier delays, severe weather, customs processing, peak periods and other disruptions.
Please ensure that your delivery address is complete and accurate before submitting your order. We may not be able to change an address after an order has entered processing or been dispatched.
If there is a significant delay or your order does not arrive, please contact us at snack@olieve.com.au so we can investigate.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
8. Returns, Refunds and Consumer Guarantees
Change-of-mind returns are governed by our Returns & Refunds Policy.
We offer eligible change-of-mind returns within 30 days of receiving your order, subject to the conditions and exclusions set out in our Returns & Refunds Policy.
Personalised or custom-made products cannot generally be returned simply because you have changed your mind.
Our products also come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
If a product has a major failure, you may be entitled to choose a refund or replacement and may also be entitled to compensation for reasonably foreseeable loss or damage.
If a product fails to be of acceptable quality but the failure is not major, you may be entitled to have the problem remedied within a reasonable time.
Our Returns & Refunds Policy and any warranties we provide operate in addition to, and do not replace or restrict, your rights under Australian Consumer Law.
9. Intellectual Property
Unless otherwise stated, the content on the Oli Eve website, including our branding, logos, product designs, text, photographs, graphics, videos and other content, is owned by or licensed to Oli Eve and is protected by applicable intellectual property laws.
You may use our website for your personal, non-commercial use.
You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use our intellectual property without our prior written permission, except where permitted by law.
“Oli Eve”, our logos and associated branding are trademarks or intellectual property of Oli Eve and must not be used without our permission.
10. Reviews, Feedback and User Content
If you submit a product review, photograph, video, feedback, suggestion or other content to us, you confirm that you have the right to provide that content.
You grant Oli Eve a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, adapt and display that content for purposes connected with operating, improving and promoting our business and products, subject to applicable law.
You must not submit content that is unlawful, misleading, defamatory, abusive, obscene or infringes the rights of another person.
Where a review or other content has been provided in connection with an incentive, promotion or free product, any disclosure requirements under applicable law must be followed.
We may moderate or remove content where reasonably necessary.
11. Third-Party Services and Links
Our website may use or link to third-party services, including payment providers, shipping providers, review platforms, personalisation services and other applications.
Third-party services may be subject to their own terms and privacy policies.
We are not responsible for third-party websites that are not controlled by Oli Eve.
Your use of a third-party website or service is subject to the terms and policies applicable to that service.
12. Shopify
Our online store is hosted and powered by Shopify.
Shopify provides the ecommerce technology that enables us to offer our products and Services online.
Purchases made through our store are transactions between you and Oli Eve. Shopify is not the seller of Oli Eve products.
Certain information may be collected or processed by Shopify in connection with providing its services to us, in accordance with applicable privacy laws and Shopify's privacy terms and policies.
13. Privacy
Your personal information is handled in accordance with our Privacy Policy and applicable privacy laws.
Information required to operate our website, process payments, fulfil orders and provide customer service may be provided to service providers involved in operating our business, including Shopify, payment processors, delivery providers and other service providers.
Some service providers may process information outside Australia.
Please refer to our Privacy Policy for further information about how we collect, use, disclose and protect personal information.
14. Errors and Inaccuracies
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability or other information.
We may correct genuine errors and update information where reasonably necessary.
If an error affects an order you have already placed, we will contact you where appropriate and deal with the order in accordance with applicable law.
15. Prohibited Uses
You must not use our website or Services:
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for an unlawful or fraudulent purpose;
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to infringe our intellectual property rights or those of another person;
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to transmit malicious software, viruses or harmful code;
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to attempt to gain unauthorised access to our website, systems or customer information;
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to collect or track personal information about others unlawfully;
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to transmit false, fraudulent or misleading information;
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to interfere with the operation or security of our website;
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to impersonate another person or misrepresent your identity;
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to send spam or other unauthorised communications; or
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to use automated systems to scrape, copy or extract content from our website without our permission, except where permitted by law.
We may restrict or terminate access to our website where we reasonably believe these Terms have been materially breached.
16. Availability of the Website
We aim to keep our website and Services available and operating correctly, but we do not guarantee uninterrupted or error-free access.
Our website may occasionally be unavailable because of maintenance, technical issues, updates or circumstances outside our reasonable control.
We may modify, suspend or discontinue parts of our website or Services where reasonably necessary.
17. Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law where doing so would be unlawful.
To the maximum extent permitted by law, Oli Eve is not liable for indirect, incidental, special or consequential loss arising from your use of our website or Services where such liability may lawfully be excluded.
We are not responsible for loss caused by your failure to provide accurate order, delivery or contact information, except to the extent that we are responsible for the loss or applicable law provides otherwise.
Nothing in these Terms is intended to exclude liability where doing so would be unlawful.
18. Indemnity
To the extent permitted by law, you agree to indemnify Oli Eve against reasonable losses, damages or liabilities arising directly from:
- your unlawful use of our Services;
- your infringement of another person's rights; or
- your material breach of these Terms.
This section does not limit any rights or protections available to you under applicable consumer law.
19. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.
The remaining provisions will continue to apply.
20. Waiver and Entire Agreement
If we do not immediately exercise or enforce a right under these Terms, this does not mean we have waived that right.
These Terms, together with our Privacy Policy, Returns & Refunds Policy and any other terms expressly applicable to an order or promotion, form the agreement between you and Oli Eve regarding your use of our Services.
Nothing in this section excludes rights that cannot lawfully be excluded.
21. Assignment
You may not transfer your rights or obligations under these Terms to another person without our prior written consent where such consent is reasonably required.
We may transfer or assign our rights or obligations as part of a sale, restructure or transfer of our business, subject to applicable law.
22. Governing Law
These Terms are governed by the laws of New South Wales, Australia, together with applicable Commonwealth laws of Australia.
Subject to any rights you may have to bring proceedings in another jurisdiction under applicable law, you and Oli Eve submit to the jurisdiction of the courts of New South Wales and applicable Australian courts.
23. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, Services, policies or legal obligations.
The most current version of these Terms will be published on our website.
Changes will apply from the effective date of the updated Terms and will not retrospectively remove rights you have in relation to an existing purchase.
24. Contact Us
If you have questions about these Terms, an order or an Oli Eve product, please contact us:
Oli Eve
PO Box 5042
South Turramurra NSW 2074
Australia
Email: snack@olieve.com.au
Phone: 0424 495 462
ABN: 52 374 940 354