Terms of service
Overview
Welcome to Trophy Desires. In these Terms, “we”, “us” and “our” means Trophy Desires, and “you” means the customer or website user. These Terms apply when you browse our website, create an account, place an order, interact with our content, or purchase products from our online store. Our store is hosted by Shopify. Shopify provides the e-commerce platform that allows us to sell our products to you. Any purchase you make from our store is a purchase from Trophy Desires, not Shopify. By using our website or placing an order, you agree to these Terms, our Privacy Policy, Shipping Policy and Returns Policy. If you do not agree, please do not use our website or place an order.
Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement. Our goods come with consumer 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. Our Returns Policy is in addition to your rights under the Australian Consumer Law.
Eligibility and account use
You must be at least 18 years old, or have permission from a parent or guardian, to place an order with us. You agree that all information you provide to us is accurate, current and complete. If you create an account, you are responsible for keeping your login details secure and for activity that occurs under your account. Please contact us promptly if you believe your account has been accessed without permission.
Products, colours and availability
We aim to describe and display our products accurately. Product colours, sizing and appearance may vary slightly depending on your device, screen settings, lighting and production batches. Product descriptions, pricing and availability may change without notice. We may discontinue products, limit quantities or refuse orders where reasonably necessary, including where there has been an error, stock issue, suspected fraud or misuse of our website.
Orders and acceptance
When you place an order, you are making an offer to purchase the selected product/s at the checkout price. Your order is accepted when we send you an order confirmation or otherwise confirm that we have accepted your order. Please review your order carefully before submitting it. Once an order is accepted, we may not be able to cancel or change it, especially if it has already been packed or shipped. If we need to cancel or change an order, we will attempt to contact you using the details provided at checkout. If we cancel an order after payment, we will refund the amount paid for the cancelled item/s using the original payment method, unless another lawful arrangement is agreed.
Prices, payments and billing
All prices are shown in Australian dollars (AUD), unless stated otherwise. Prices may not include shipping costs, which will be shown at checkout where applicable.
GST statement: Prices include GST where applicable
You agree to provide complete and accurate billing and payment information. We may use third-party payment providers to process payments. Your use of those payment options may be subject to the provider’s own terms and policies.
Shipping and delivery
We will aim to dispatch orders within the timeframe stated on our website or in your order confirmation. Delivery timeframes are estimates only and may be affected by Australia Post, courier delays, public holidays, customs processing, incorrect delivery details, or events outside our reasonable control. Risk in the products passes to you when the products are delivered to your nominated delivery address. If you provide incorrect delivery details or fail to collect a parcel, you may be responsible for re-delivery fees or delays, except where the issue is caused by us or your rights under the Australian Consumer Law apply. If your order is lost, damaged or significantly delayed in transit, please contact us so we can assist you and work with the delivery provider.
Returns, exchanges and faults
Returns, exchanges and change-of-mind requests are handled in accordance with our Returns Policy. Change of mind returns are offered only were stated in our Returns Policy and may be subject to conditions, such as the item being unworn, unused, unwashed, with tags attached and returned within the stated timeframe. We do not refuse refunds, replacements or other remedies where you are entitled to them under the Australian Consumer Law. This includes where a product has a major problem, is unsafe, is not of acceptable quality, does not match the description or sample, or does not do what we said it would do.
Promotions, discount codes and gift cards
Promotions, discount codes and sale offers may be subject to extra terms, expiry dates, exclusions and availability. Only one discount code may be used per order unless we state otherwise. We may correct pricing or promotional errors were permitted by law. We will not mislead customers about prices, discounts or savings. Gift cards, if offered, are subject to any terms stated at the time of purchase and any legal minimum expiry requirements that apply in Australia.
Intellectual property
All website content, branding, logos, designs, images, graphics, product names, product descriptions, videos and other materials are owned by or licensed to Trophy Desires, unless stated otherwise. You may view and use our website for personal, non-commercial shopping purposes only. You must not copy, reproduce, modify, distribute, scrape, upload, sell, exploit or use our content or branding without our prior written permission, except as allowed by law.
User content and feedback
If you tag us, submit reviews, send feedback, upload photos, or otherwise provide content to us, you confirm that you own or have permission to share that content and that it does not infringe another person’s rights. You grant Trophy Desires a non-exclusive, worldwide, royalty-free license to use, reproduce, share, edit and display that content for business, marketing and promotional purposes, unless you tell us in writing that we cannot use it. This license does not affect your ownership of your content.
We may remove or decline to publish content that is offensive, misleading, unlawful, abusive, discriminatory, spam, or otherwise unsuitable for our brand or website.
Third-party links and tools
Our website may include links to third-party websites, apps, tools, payment services, shipping services or social media platforms. We are not responsible for third-party websites or services and you use them at your own risk, subject to their own terms and policies.
Privacy
Trophy Desires - Terms of Service | Australian template
We collect, use and disclose personal information in accordance with our Privacy Policy. Because our store is hosted by Shopify and may use third-party services, your information may be processed by Shopify and other providers, including providers located outside Australia. Please read our Privacy Policy before using our website or placing an order.
Prohibited conduct
You must not use our website or services:
for any unlawful, fraudulent, harmful or misleading purpose;
to infringe our intellectual property rights or anyone else’s rights;
to upload viruses, malware, spam or harmful code;
to scrape, harvest or collect data from our website without permission;
to interfere with website security or functionality;
to impersonate another person or provide false information; or
to abuse, harass, threaten, discriminate against, defame or harm any person.
We may suspend or restrict access to our website where reasonably necessary to protect our business, customers, systems or legal rights.
Errors and inaccuracies
Occasionally our website may contain errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, stock availability or delivery times. We may correct errors and update information were permitted by law. If an error affects your order, we will contact you and provide any remedy required by law.
Limitation of liability
To the maximum extent permitted by law, Trophy Desires is not liable for indirect, incidental, special or consequential loss, loss of profits, loss of revenue, loss of data or business interruption arising from your use of our website or products. Where we are permitted to limit our liability under law, our liability is limited, at our choice, to replacing the goods, supplying equivalent goods, repairing the goods, paying the cost of replacement or repair, or refunding the amount paid. This section does not limit any rights you have under the Australian Consumer Law.
Indemnity
You agree to indemnify Trophy Desires for loss, damage, liability, cost or expense arising from your breach of these Terms, misuse of our website, infringement of another person’s rights, or unlawful conduct, except to the extent the loss is caused by us or cannot legally be recovered from you.
Termination
We may suspend or terminate your access to our website if you breach these Terms or where reasonably necessary to protect our website, customers, business or legal rights. Sections that by their nature should continue after termination will continue to apply.
Governing law
These Terms are governed by the laws of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the Commonwealth courts of Australia.
Changes to these Terms
We may update these Terms from time to time by posting the updated version on our website. The updated Terms will apply from the date they are posted, unless stated otherwise. If changes are material, we will take reasonable steps to notify customers where required by law.
Contact information
Questions about these Terms should be sent to:
Trading name: Trophy Desires
Legal entity: Tyreese Pickett
ABN: 88 474 494 732
Email: trophyydesires@gmail.com
Business address: Perth, Western Australia, Australia
Phone: 0499 855 515