Terms of service
OVERVIEW
Welcome to Hey Hottie! The terms "we", "us" and "our" refer to Hey Hottie. Hey Hottie operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Hey Hottie is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "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 of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence.
To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information such as your email address, billing details, payment information and shipping address. You represent and warrant that all information you provide is accurate, current and complete.
You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account.
SECTION 2 – OUR PRODUCTS
We make every effort to accurately display our products and their colours. However, colours and appearance may vary depending on the device or screen used to view our store.
All descriptions of products are subject to change at any time without notice.
We reserve the right to discontinue any product at any time and to limit quantities available for purchase.
Heat Pack Safety
Our heat packs must be heated and used strictly in accordance with the heating and usage instructions provided with the product. Improper heating or misuse may result in burns, injury, or damage to the product or surrounding property.
Children should always be supervised when using heat packs.
To the extent permitted by law, Hey Hottie is not responsible for injury, damage, or loss resulting from misuse of the product, overheating, failure to follow instructions, or use of the product in a manner inconsistent with its intended purpose.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason.
Your order is not accepted until we confirm it.
We must receive payment before your order is accepted and processed.
If we cancel or change an order, we will attempt to notify you using the contact information provided during checkout.
Your purchases are subject to our Returns & Refunds Policy.
We do not offer returns or refunds for change of mind. Returns, refunds or replacements will only be provided where a product is faulty, damaged, not as described, or where required under Australian Consumer Law.
If you believe your item is faulty, please contact us as soon as possible with your order number and a description of the issue so that we can review the matter and organise an appropriate resolution.
You agree that purchases are for personal use and not for resale.
SECTION 4 – PRICES AND BILLING
Prices, promotions and discounts may change at any time without notice.
The price charged will be the price displayed at the time your order is placed.
Prices displayed may not include taxes or shipping costs unless stated otherwise.
You agree to provide current and accurate billing and payment information for all purchases.
SECTION 5 – SHIPPING AND DELIVERY
Delivery timeframes are estimates only and are not guaranteed.
Once your order has been shipped, delivery times are dependent on the carrier. While we work with reliable shipping partners, we are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
SECTION 6 – INTELLECTUAL PROPERTY
All content on this website including text, graphics, logos, product images and design elements are the property of Hey Hottie or its licensors and are protected by applicable copyright and intellectual property laws.
You may use the Services for personal use only. You must not reproduce, distribute or exploit any content without our prior written consent.
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" without warranties of any kind and we are not liable for any issues arising from their use.
SECTION 8 – THIRD-PARTY LINKS
Our website may include links to third-party websites.
We are not responsible for the content, policies or practices of any third-party websites.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify. However, all purchases are made directly with Hey Hottie.
Shopify is not responsible for any products sold or any transactions between you and Hey Hottie.
SECTION 10 – PRIVACY POLICY
Your personal information is handled according to our Privacy Policy.
Because our store is hosted on Shopify, certain information may also be processed by Shopify in order to provide and improve the Services.
SECTION 11 – FEEDBACK
If you submit feedback, suggestions or reviews to us, you grant us permission to use that content for business and promotional purposes without compensation.
You are responsible for ensuring that your feedback does not violate the rights of any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be errors or inaccuracies on the website relating to product descriptions, pricing or availability.
We reserve the right to correct these errors and to cancel orders if incorrect information has been displayed.
SECTION 13 – PROHIBITED USES
You may not use the Services:
- for unlawful purposes
- to violate laws or regulations
- to infringe on intellectual property rights
- to transmit malicious code
- to collect personal information of others
- to spam, scrape, or attempt automated access to the website
We reserve the right to terminate access if these Terms are violated.
SECTION 14 – AGENTS
This section applies if automated systems or software agents access the Services.
Any such systems must clearly identify themselves and comply with restrictions we may place on automated access.
SECTION 15 – TERMINATION
We may terminate or suspend access to the Services at any time if these Terms are violated.
Sections relating to intellectual property, liability, indemnification and governing law will continue to apply after termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The Services and products are provided "as is" and "as available".
We do not guarantee uninterrupted or error-free access to the Services.
Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded.
Where a product fails to meet a consumer guarantee under Australian Consumer Law, you may be entitled to a repair, replacement or refund as required by law.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Hey Hottie will not be liable for indirect, incidental or consequential damages arising from the use of the Services or products purchased through the Services.
SECTION 18 – INDEMNIFICATION
You agree to indemnify and hold harmless Hey Hottie and its partners, employees and service providers from claims arising from your breach of these Terms or misuse of the Services.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
SECTION 20 – ENTIRE AGREEMENT
These Terms and any policies posted on the website constitute the entire agreement between you and Hey Hottie regarding use of the Services.
SECTION 21 – ASSIGNMENT
You may not transfer your rights under these Terms without our written permission.
We may assign our rights or obligations at any time.
SECTION 22 – GOVERNING LAW
These Terms of Service are governed by the laws of Victoria, Australia.
Any disputes arising under these Terms will be subject to the jurisdiction of the courts of Victoria, Australia.
SECTION 23 – HEADINGS
Headings are provided for convenience only and do not affect interpretation of these Terms.
SECTION 24 – CHANGES TO TERMS
We may update these Terms at any time by posting an updated version on our website.
Continued use of the Services constitutes acceptance of any updated Terms.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms should be sent to:
Hey Hottie
hey@heyhottie.au
Melbourne, Victoria, Australia
ABN: 38 644 676 085