Terms of service

TERMS OF SERVICE

OVERVIEW

This website and online store are operated by Brumelis (ABN 97 801 701 686). Throughout the site, the terms β€œwe”, β€œus” and β€œour” refer to Brumelis.

Brumelis operates this website and online store, including all related information, content, features, tools, products and services offered to you (collectively, the β€œServices”).

Our store is hosted and powered by Shopify, which provides us with the ecommerce platform that enables us to offer our products and Services to you.

These Terms of Service (β€œTerms”) describe your rights and responsibilities when you access or use our Services or purchase products from us.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified, including rights available to consumers under the Australian Consumer Law (ACL).

If you do not agree to these Terms, you should not access or use our Services.

SECTION 1 β€” ACCESS AND ACCOUNTS

By using our Services, you confirm that you are at least the age of majority in your state, territory or country of residence, or that you have the permission of your parent or legal guardian where required.

To use certain parts of the Services or make a purchase, you may be required to provide information including your name, email address, billing information, payment information and shipping address.

You agree that all information you provide is accurate, current and complete.

You are responsible for maintaining the confidentiality and security of your account credentials and for activities carried out through your account.

You must not use our Services for any unlawful or unauthorised purpose.

SECTION 2 β€” OUR PRODUCTS

We make reasonable efforts to display and describe our products accurately, including their appearance, features and specifications.

However, colours and appearance may vary slightly depending on your device, screen settings, lighting and other factors.

Product images may include styling, backgrounds or illustrative elements for presentation purposes. Please refer to the applicable product description and specifications for details of what is included with your purchase.

We may update product descriptions, pricing, availability or other information where necessary.

We reserve the right to discontinue products or limit quantities where reasonably necessary.

Nothing in this section limits any rights you may have under the Australian Consumer Law, including applicable consumer guarantees.

SECTION 3 β€” ORDERS

When you place an order through our website, you are making an offer to purchase the selected products.

Your order is not accepted until we confirm acceptance, usually by sending an order confirmation or dispatch confirmation.

We reserve the right to refuse or cancel an order where reasonably necessary, including where:

  • a product is unavailable;
  • there is an obvious pricing or product information error;
  • payment cannot be authorised;
  • we reasonably suspect fraudulent or unauthorised activity; or
  • we cannot fulfil the order due to circumstances outside our reasonable control.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled item or order.

Please review your order carefully before completing your purchase. Once an order has entered processing or has been dispatched, we may not be able to cancel or modify it.

Returns and refunds are governed by our Return & Refund Policy and your rights under the Australian Consumer Law.

Products purchased from Brumelis are intended for personal or household use unless otherwise agreed.

SECTION 4 β€” PRICES AND PAYMENT

Unless otherwise stated, prices displayed on Brumelis are in Australian Dollars (AUD).

Prices, discounts and promotions may change from time to time.

The price applicable to your purchase will be the price displayed at checkout when you place your order, subject to the correction of obvious errors.

Any shipping charges, taxes or other charges applicable to your order will be displayed or communicated before you complete your purchase where required.

You agree to provide accurate and complete billing, payment and account information.

By providing payment information, you represent that you are authorised to use the selected payment method.

Payments may be processed by third-party payment providers. Their own terms and privacy practices may also apply.

SECTION 5 β€” SHIPPING AND DELIVERY

We will make reasonable efforts to process and deliver orders within the estimated timeframes displayed on our website.

Delivery times are estimates unless we expressly state otherwise and may be affected by circumstances outside our reasonable control, including carrier delays, weather events, customs processing, public holidays or other logistical disruptions.

If we become aware of a significant delay affecting your order, we may provide updated information where reasonably practicable.

Nothing in this section excludes or limits any rights you may have under the Australian Consumer Law where products are not supplied within an agreed or reasonable time.

Shipping information, estimated delivery times and any applicable shipping charges are described in our Shipping Policy.

SECTION 6 β€” AUSTRALIAN CONSUMER LAW

Our goods come with 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Consumer guarantees may also require goods to:

  • be of acceptable quality;
  • be fit for any disclosed purpose;
  • match their description;
  • match any sample or demonstration model where applicable; and
  • satisfy other applicable guarantees under the Australian Consumer Law.

These rights apply automatically and are separate from any voluntary warranty, return period or other policy offered by Brumelis.

Nothing in these Terms, our Return & Refund Policy or any other Brumelis policy is intended to exclude, restrict or modify these rights.

SECTION 7 β€” RETURNS, REFUNDS AND FAULTY PRODUCTS

Returns, exchanges and change-of-mind requests are handled in accordance with our Return & Refund Policy.

We currently offer a 30-day change-of-mind return period, subject to the eligibility requirements set out in our Return & Refund Policy.

Our voluntary return policy operates in addition to your rights under the Australian Consumer Law.

Any time limits or conditions applying to voluntary change-of-mind returns do not limit your rights where a product is faulty, damaged, unsafe, not of acceptable quality, not fit for its disclosed purpose, does not match its description or otherwise fails to comply with an applicable consumer guarantee.

Sale or discounted products remain subject to applicable consumer guarantees.

SECTION 8 β€” INTELLECTUAL PROPERTY

Unless otherwise stated, the content made available through the Services, including Brumelis branding, logos, text, graphics, product presentation, website design, photographs, videos and other content, is owned by or licensed to Brumelis or the applicable rights holder.

You may access and use the Services for personal and non-commercial purposes.

You must not reproduce, distribute, modify, republish, sell, commercially exploit or otherwise use protected Brumelis content without our prior written permission, except where permitted by applicable law.

Third-party names, trademarks, logos and other intellectual property remain the property of their respective owners.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

SECTION 9 β€” THIRD-PARTY TOOLS AND SERVICES

Our Services may provide access to tools, applications, payment processors or other services operated by third parties.

We do not necessarily control these third-party services.

Your use of third-party services may be subject to separate terms and privacy policies provided by those third parties.

To the maximum extent permitted by law, Brumelis is not responsible for the independent acts or omissions of third-party services that are outside our reasonable control.

Nothing in this section limits liability that cannot lawfully be excluded.

SECTION 10 β€” THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

These links may be provided for convenience and do not necessarily constitute an endorsement by Brumelis.

We are not responsible for the content, availability, privacy practices or independent conduct of third-party websites.

We recommend reviewing the terms and privacy policies of third-party websites before providing information or completing a transaction with them.

SECTION 11 β€” RELATIONSHIP WITH SHOPIFY

Brumelis is powered by Shopify, which provides the ecommerce technology used to operate our online store.

However, purchases made through the Brumelis store are transactions between you and Brumelis, not Shopify.

Shopify is not the seller of products offered by Brumelis.

Shopify may process certain information as necessary to provide its platform and related services.

Your use of Shopify-related functionality may also be subject to Shopify's applicable terms and privacy practices.

SECTION 12 β€” PRIVACY

We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

Because our store is hosted by Shopify, information relating to your access and use of the Services may also be processed by Shopify and other service providers that help us operate the store, process payments, fulfil orders, provide customer support, analyse website performance or perform other business functions.

Some service providers may process information outside Australia.

Please review our Privacy Policy for further information about how personal information is collected, used, disclosed and protected.

SECTION 13 β€” REVIEWS, FEEDBACK AND USER CONTENT

If you voluntarily submit reviews, photographs, comments, suggestions, feedback or other content to Brumelis, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and publish that content for purposes connected with operating, improving and promoting our Services, subject to applicable law.

You represent that you have the necessary rights to submit the content and that your submission does not unlawfully infringe another person's intellectual property, privacy or other rights.

If you received compensation, a discount, a free product or another incentive in connection with a review, you must disclose that fact where required.

We may moderate or remove content where reasonably necessary, including content that is unlawful, fraudulent, abusive, misleading, infringing or otherwise inappropriate.

We will not knowingly alter customer reviews in a manner that creates a false or misleading impression.

SECTION 14 β€” ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, shipping charges or delivery estimates.

We may correct genuine errors and update information where reasonably necessary.

If an error materially affects an order you have already placed, we will take reasonable steps to notify you and provide an appropriate solution, including a refund where required.

Nothing in this section permits Brumelis to engage in misleading or deceptive conduct or otherwise limits your rights under applicable law.

SECTION 15 β€” PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not use the Services:

  • for unlawful, fraudulent or malicious purposes;
  • to infringe intellectual property or other legal rights;
  • to transmit malicious software, viruses or harmful code;
  • to harass, threaten, abuse or unlawfully discriminate against another person;
  • to provide deliberately false or misleading information;
  • to impersonate another person or organisation;
  • to interfere with the security or operation of the Services;
  • to unlawfully collect personal information about others;
  • to attempt to gain unauthorised access to our systems;
  • to circumvent security or access controls; or
  • in any other way that violates applicable law.

We may restrict or terminate access to the Services where we reasonably believe these Terms have been materially breached.

SECTION 16 β€” AUTOMATED ACCESS

Automated systems, bots, agents, scrapers or similar technologies must not access or interact with our Services in a manner that:

  • circumvents security or access controls;
  • interferes with normal operation of the website;
  • imposes an unreasonable load on our infrastructure;
  • collects data unlawfully;
  • attempts to bypass CAPTCHA or other security measures; or
  • otherwise violates these Terms or applicable law.

We may implement reasonable technical measures to protect our Services from abusive or unauthorised automated access.

SECTION 17 β€” TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where you materially breach these Terms, engage in fraudulent or unlawful activity or misuse our Services.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should continue after termination will remain effective, including provisions concerning intellectual property, liability, indemnification and applicable law.

SECTION 18 β€” DISCLAIMER

We aim to provide accurate and useful information through our website.

However, general informational content provided through the Services should not be treated as professional advice unless expressly stated otherwise.

To the maximum extent permitted by law, we do not guarantee that the website will always be uninterrupted, error-free or continuously available.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.

SECTION 19 β€” LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Brumelis will not be liable for indirect, incidental, special or consequential loss arising from your use of the Services where such liability may lawfully be excluded.

However, nothing in these Terms excludes, restricts or modifies:

  • your rights under the Australian Consumer Law;
  • liability that cannot lawfully be excluded or limited; or
  • any other statutory right or remedy that cannot lawfully be excluded.

Where our liability may lawfully be limited, it will be limited only to the extent permitted by applicable law.

SECTION 20 β€” INDEMNITY

To the extent permitted by law, you agree to indemnify Brumelis against reasonable losses, liabilities, claims or expenses arising directly from:

  • your material breach of these Terms;
  • your unlawful use of the Services; or
  • your infringement of another person's legal rights.

This section does not require you to indemnify Brumelis for losses caused by our own unlawful conduct, negligence or breach of obligations where such liability cannot lawfully be excluded.

SECTION 21 β€” SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue in effect to the extent permitted by law.

SECTION 22 β€” WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms, together with the policies and notices referenced on our website, constitute the agreement between you and Brumelis concerning your use of the Services, subject to any rights that cannot be excluded under applicable law.

SECTION 23 β€” ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent where consent is reasonably required.

We may assign or transfer our rights and obligations in connection with a legitimate transfer, restructuring or sale of our business, subject to applicable law.

SECTION 24 β€” GOVERNING LAW

These Terms are governed by the laws applicable in New South Wales, Australia, together with applicable laws of the Commonwealth of Australia.

You and Brumelis submit to the jurisdiction of the courts of New South Wales and any courts competent to hear appeals from them.

Nothing in this section limits any rights you may have under applicable consumer protection laws regarding jurisdiction or dispute resolution.

SECTION 25 β€” CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our Services, business practices or legal obligations.

The most current version of these Terms will be published on this page.

Where required by law, we will provide appropriate notice of material changes.

Changes will not retrospectively remove rights or remedies that you already have under applicable law.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 26 β€” CONTACT INFORMATION

Questions regarding these Terms of Service, orders or our Services can be sent to:

Brumelis
ABN: 97 801 701 686
Email: support@brumelis.com
Website: brumelis.com
Country of Operation: Australia
State: New South Wales