Terms of service
OVERVIEW
Welcome to GINAREL. The terms “we”, “us” and “our” refer to GINAREL. GINAREL operates this website and online store, including the information, content, features, tools, products and services made available through it (the “Services”).
Our store is hosted by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
These Terms of Service, together with our Privacy Policy, Returns & Refunds Policy, Shipping Policy and any other policies displayed on our website, govern your use of the Services and purchases from GINAREL.
By accessing our website or placing an order, you agree to these Terms. Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law.
1. ACCESS AND USE OF OUR WEBSITE
You may use our website only for lawful purposes.
When providing information to GINAREL, including account, contact, billing, shipping and order information, you agree that the information you provide is accurate, current and complete.
You are responsible for maintaining the confidentiality and security of any account credentials and for activity conducted through your account.
2. OUR PRODUCTS
We take care to describe and photograph our products as accurately as reasonably possible.
The products shown in our product photography are real GINAREL products and keepsakes and are not AI-generated representations of our products.
Many GINAREL products are individually handcrafted and made to order. As a result, no two handmade pieces will be exactly alike. Natural variations may occur in colour, marbling, pattern, texture, placement and finish.
These variations are part of the individual character of handmade work and are not, by themselves, considered faults. Each handcrafted piece has its own personality, shaped by the materials, the making process and the care and love that went into creating it.
Colours and appearance may also vary slightly depending on lighting, photography and individual screen or device settings.
We may modify or discontinue products, designs, colours, fragrances, packaging or product availability from time to time.
Nothing in this section limits your rights under the Australian Consumer Law.
3. PERSONALISED AND CUSTOMER-SUPPLIED CONTENT
Some GINAREL products may be created using photographs, names, wording, colours or other information supplied or selected by you.
Please carefully check all personalisation details before submitting your order.
You are responsible for ensuring that information, spelling, photographs and other content you provide or approve are correct and suitable for their intended use.
You confirm that you have the necessary rights or permission to provide any photographs, images, names or other content supplied to GINAREL for your order.
GINAREL is not responsible for errors reproduced accurately from information or files supplied or approved by the customer.
Nothing in this section limits rights available to you under the Australian Consumer Law.
4. ORDERS
Placing an order constitutes an offer to purchase from GINAREL. An order is subject to acceptance by us and successful payment processing.
We reserve the right to refuse or cancel an order where reasonably necessary, including where a product is unavailable, information or pricing is incorrect, payment cannot be processed, fraud is reasonably suspected, or we are unable to fulfil the order.
If we cancel an order after payment has been received, we will provide any refund required in the circumstances.
Please carefully review your order before submitting it. Because our products are made to order and production may begin after an order is accepted, we may be unable to accommodate cancellation or alteration requests.
Returns, refunds and exchanges are governed by our Returns & Refunds Policy and the Australian Consumer Law.
5. PRICES AND PAYMENT
Prices displayed on our website are in Australian dollars (AUD) unless otherwise stated.
Prices, products and promotions may change from time to time. The price applicable to your purchase will generally be the price displayed when your order is placed, subject to correction of genuine errors and applicable law.
Shipping charges and any other applicable charges will be displayed during checkout where applicable.
You agree to provide accurate and complete payment and billing information and confirm that you are authorised to use the payment method provided.
6. SHIPPING AND DELIVERY
Orders are shipped to the delivery address provided by the customer. Please ensure your delivery information is complete and accurate before placing your order.
Processing and delivery timeframes provided by GINAREL are estimates unless expressly stated otherwise.
Delivery may occasionally be affected by circumstances outside our reasonable control, including carrier disruptions, severe weather and other unforeseen events.
Our Shipping Policy contains further information about processing, dispatch and delivery.
Nothing in this section limits any rights or remedies available under the Australian Consumer Law.
7. RETURNS, REFUNDS AND PRODUCT ISSUES
Because GINAREL products are made to order, with many pieces handcrafted or personalised for each order, we do not accept returns, exchanges, cancellations or refunds for change of mind.
This does not affect your rights under the Australian Consumer Law.
If an item is faulty, damaged, incorrect, not as described or otherwise fails to meet an applicable consumer guarantee, please contact us. Any available remedy will be determined in accordance with our Returns & Refunds Policy and applicable law.
8. PRODUCT CARE AND USE
Customers should follow any care, use and safety instructions supplied with a product or displayed on our website.
GINAREL is not responsible for damage caused by misuse, improper handling, failure to follow applicable care or safety instructions, or other circumstances for which GINAREL is not responsible.
Nothing in this section excludes or limits rights that cannot lawfully be excluded.
9. INTELLECTUAL PROPERTY
Unless otherwise indicated, the GINAREL name, branding, logos, original designs, website content, text, graphics, photographs, videos and other original material appearing on our website are owned by or licensed to GINAREL and are protected by applicable intellectual property laws.
You may use our website for personal, non-commercial purposes.
You must not reproduce, copy, distribute, modify, publish, commercially exploit or otherwise use GINAREL intellectual property without our prior written permission, except where permitted by law.
Third-party trademarks, content and intellectual property remain the property of their respective owners.
10. THIRD-PARTY SERVICES AND LINKS
Our website may use or provide access to third-party services, payment providers, applications, tools or websites.
Third-party services may be subject to their own terms and privacy policies. GINAREL is not responsible for third-party websites or services except to the extent required by applicable law.
11. RELATIONSHIP WITH SHOPIFY
GINAREL is powered by Shopify, which provides the ecommerce platform used to deliver our online Services.
Purchases made through our store are transactions directly between you and GINAREL. Shopify is not the seller of GINAREL products.
Shopify may process information relating to your access to and use of our store in accordance with its applicable terms and privacy practices. Shopify’s template specifically identifies Shopify as the platform provider rather than the seller.
12. PRIVACY
Personal information collected through our website is handled in accordance with our Privacy Policy and applicable privacy laws.
Because our store is hosted by Shopify and may use other service providers, information may also be processed by Shopify and relevant third-party providers as necessary to operate our store, process transactions and provide Services.
Please refer to our Privacy Policy for further information.
13. REVIEWS, FEEDBACK AND SUBMISSIONS
If you voluntarily provide a product review, testimonial, feedback or other submission to GINAREL, you confirm that you have the right to provide that material.
You must not submit unlawful, defamatory, misleading, abusive or infringing material.
Where you provide content specifically for publication, such as a review or testimonial, you grant GINAREL permission to reproduce and display that content for purposes reasonably connected with operating and promoting GINAREL, subject to applicable law.
Customer photographs or personalisation files supplied for the purpose of creating an order are not automatically treated as marketing content merely because they were supplied to fulfil an order.
We will not intentionally use a customer's personal photograph for promotional or marketing purposes without appropriate permission.
14. ERRORS AND INACCURACIES
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, shipping charges or other information.
We may correct genuine errors or update information when identified, subject to our obligations under applicable law.
If an error materially affects an order you have already placed, we will deal with the matter reasonably and in accordance with applicable law.
15. PROHIBITED USES
You must not use our website or Services:
- for unlawful or fraudulent purposes;
- to infringe our intellectual property or the rights of another person;
- to transmit malicious software or harmful code;
- to obtain or collect personal information unlawfully;
- to interfere with the security or proper operation of the website;
- to impersonate another person or provide deliberately false information; or
- to reproduce, scrape, extract or commercially exploit our website or content without permission, except where permitted by law.
We may restrict access to our Services where reasonably necessary to protect GINAREL, our customers or the operation of our website.
16. AVAILABILITY OF THE WEBSITE
We aim to keep our website and Services available, but we do not guarantee uninterrupted or error-free access.
The website may occasionally be unavailable because of maintenance, technical issues, third-party services or circumstances outside our reasonable control.
17. CONSUMER GUARANTEES AND LIABILITY
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable law where doing so would be unlawful.
To the extent permitted by law, GINAREL will not be liable for loss that was not reasonably foreseeable or that results from misuse of a product, failure to follow applicable care or safety instructions, or circumstances outside our reasonable control.
Nothing in these Terms limits liability to the extent that it cannot lawfully be limited.
18. TERMINATION OR RESTRICTION OF ACCESS
We may suspend or restrict access to our website where reasonably necessary, including where these Terms have been breached, unlawful activity is suspected, or the security or operation of the Services may be affected.
Provisions that by their nature should continue after termination or restriction will remain in effect.
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 extent necessary, and the remaining provisions will continue to apply.
20. ENTIRE AGREEMENT
These Terms, together with the policies and other terms expressly incorporated into them, constitute the agreement between you and GINAREL regarding your use of our Services and purchases through our website, subject always to rights that cannot lawfully be excluded.
21. GOVERNING LAW
These Terms are governed by the laws applicable in New South Wales, Australia, subject to any rights you may have under applicable Australian law that cannot be excluded or restricted.
22. CHANGES TO THESE TERMS
We may update these Terms from time to time by publishing an updated version on our website.
Changes will apply from the date they are published or such later date as stated, subject to applicable law.
The Terms applying to a transaction will be considered in accordance with the terms and law applicable to that transaction.
23. CONTACT INFORMATION
Questions about these Terms of Service can be sent to hello@ginarel.com.