True Gifts — Legal

Terms of Service

Please read carefully before using our Services

Welcome to True Gifts! This website is operated by True Gifts. Throughout the site, the terms "we," "us," and "our" refer to True Gifts, which operates this store and website to provide you with a curated shopping experience (the "Services"). True Gifts is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any referenced policies (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read them 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, you should not use or access our Services.

01Access and account


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have consented to allow any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services — including browsing our online store or purchasing products — you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

02Our products


We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match how they are depicted in our store. All product descriptions 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 offered to any person, region, or jurisdiction.

03Orders


When you place an order, you are making an offer to purchase. True Gifts reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until True Gifts confirms acceptance, and we must receive and process your payment before that happens. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we'll attempt to notify you using the email, billing address, or phone number provided at checkout.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use, not for commercial resale or export.

04Prices and billing


Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices in our online store may differ from prices in physical stores or other online stores. Promotions we run from time to time may be governed by separate terms; where those conflict with these Terms, the promotion terms govern.

You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update it — including your email address and card details — so we can complete transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use that card; (iii) charges incurred will be honored by your card company; and (iv) you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.

05Shipping and delivery


We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

06Intellectual property


Our Services — including trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and their design, selection, and arrangement — are owned by True Gifts, its affiliates, or licensors, and are protected by patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any material from the Services without our prior written consent. Nothing in these Terms grants any license or right under any patent, trademark, copyright, or other intellectual property of True Gifts, Shopify, or any third party. All rights not expressly granted are reserved by True Gifts.

True Gifts's names, logos, product and service names, designs, and slogans are trademarks of True Gifts or its affiliates or licensors, and must not be used without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks on the Services belong to their respective owners.

07Optional tools


You may be given access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available," without any warranties, representations, or endorsement, and we have no liability arising from your use of them.

Any use of optional third-party tools is entirely at your own risk and discretion, and you should be familiar with and approve of that provider's own terms. We may, in the future, offer new features through the Services; these will also be deemed part of the Services and subject to these Terms.

08Third-party links


The Services may contain materials and hyperlinks to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or sites, and if you leave the Services to access them, you do so at your own risk.

We are not liable for any harm related to your access of third-party sites or your purchase or use of any third-party products, services, or content. Please review third-party policies carefully before engaging in any transaction. Complaints about third-party products or services should be directed to that third party.

09Relationship with Shopify


True Gifts is powered by Shopify, which enables us to provide the Services to you. Any sales or purchases you make in our store are made directly with True Gifts. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and True Gifts, including any injury, damage, or loss resulting from purchased products, and you release Shopify and its affiliates from all related claims, damages, and liabilities.

10Privacy policy


All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read both.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them for you. Information you submit will be transmitted to and shared with Shopify, as well as third parties that may be located in other countries, in order to provide services to you.

11Feedback


If you submit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display it in any medium for any purpose, including commercial use.

You represent and warrant that: (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentives received in connection with it; and (iii) it complies with these Terms. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it, and we may (but need not) monitor, edit, or remove Feedback we determine to be unlawful or objectionable.

You agree your Feedback will not violate any third party's rights, contain unlawful or obscene material, or include malware, and that you will not use a false identity when submitting it. You are solely responsible for your Feedback and its accuracy; we assume no liability for Feedback posted by you or any third party.

12Errors, inaccuracies, and omissions


Occasionally there may be information on the Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct these, and to change, update, or cancel orders if any information is inaccurate, at any time without prior notice — including after you've submitted your order.

13Prohibited uses


You may access and use the Services for lawful purposes only. You may not use the Services to:

  • Pursue any unlawful or malicious purpose, or violate any applicable law or regulation.
  • Infringe our intellectual property rights or those of others.
  • Harass, abuse, defame, slander, or intimidate any person.
  • Transmit false or misleading information, spam, or unsolicited promotional material.
  • Impersonate any person or entity, or engage in conduct that restricts others' use of the Services or may harm True Gifts, Shopify, or other users.

You also agree not to upload viruses or malicious code; reproduce, duplicate, sell, or exploit any portion of the Services; collect or track others' personal information; phish, pharm, pretext, spider, crawl, or scrape; or interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine you've violated these Terms.

14Termination


We may terminate this agreement or your access to the Services, in whole or in part, at our sole discretion and without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

15Disclaimer of warranties


The information presented through the Services is made available solely for general information purposes. We do not warrant its accuracy, completeness, or usefulness, and any reliance you place on it is strictly at your own risk. We disclaim all liability arising from such reliance by you or any other visitor to the Services.

Except as expressly stated by True Gifts, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

16Limitation of liability


To the fullest extent provided by law, in no case shall True Gifts, 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.

17Indemnification


You agree to indemnify, defend, and hold harmless True Gifts, 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 arising out of: (1) your breach of these Terms 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.

18Severability


If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms — without affecting the validity and enforceability of the remaining provisions.

19Waiver; entire agreement


Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with any policies or operating rules we post, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written — including any prior versions of these Terms. Any ambiguities in interpretation will not be construed against the drafting party.

20Assignment


You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent; 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.

21Governing law


These Terms of Service, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the federal and state or territorial laws applicable in the jurisdiction where True Gifts is headquartered.

22Headings


The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.

23Changes to these Terms


You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes — your continued use of or access to the Services after any changes are posted constitutes acceptance of those changes.

24Contact information


Questions about these Terms of Service should be sent to us at the email below.

info@truegifts.com.au

True Gifts
Haynes, Western Australia
+61 440 123 451