Terms of Service

OVERVIEW

Welcome to Sarah & Susan Melbourne. This website and online store are operated by ecomschild, trading as Sarah & Susan Melbourne. Throughout these Terms, “we”, “us” and “our” refer to ecomschild trading as Sarah & Susan Melbourne.

We provide this website, including its information, content, features, tools, products and related services, to offer you an online shopping experience (the “Services”). Our store is powered by Shopify.

These Terms of Service, together with the policies referenced below, explain the terms that apply when you access our website or purchase from us.

By using the Services or placing an order, you agree to these Terms. Our Privacy Policy explains how we handle your personal information.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted or modified.

SECTION 1 – ACCESS AND ACCOUNT

You must be at least 18 years old, or have permission and supervision from a parent or legal guardian, to use our Services. To place an order, you must have legal capacity to enter into a binding agreement.

When using our Services, you may need to provide information such as your name, email address, payment details, billing address and delivery address. You agree to provide information that is accurate, current and complete, and that you are authorised to provide.

If you create an account, you are responsible for taking reasonable steps to protect your login details. Please notify us promptly if you suspect unauthorised access.

You may not sell, transfer or assign your account to another person without our written permission. You are not responsible for unauthorised activity caused by a security failure attributable to us.

SECTION 2 – OUR PRODUCTS

We take reasonable care to describe and display our products accurately, including their materials, sizes, colours and features.

Colours may appear slightly different depending on your screen settings, device and lighting. This does not affect your right to receive products that match their description and comply with applicable consumer guarantees.

Please review the product description and size guide before purchasing. If you need assistance, contact us at info@sarahsusanmelbourne.com.

We may update product descriptions, introduce or discontinue products, or apply reasonable purchase limits. Changes will not alter the description or specifications applicable to an order we have already accepted without your agreement.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase the selected products under these Terms.

An automated order acknowledgement confirms that we have received your order. We accept your order when we send an express acceptance or dispatch confirmation.

We may decline an order before acceptance for reasonable reasons, including unavailable stock, unsuccessful payment, suspected fraud or an inability to deliver to the requested address.

If we cannot fulfil your order, we will contact you promptly. Any payment taken for products we cannot supply will be refunded to your original payment method unless you agree to another arrangement.

Please check your order carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible. We will try to assist, but changes or cancellations may not be possible once fulfilment has begun. Your statutory cancellation and refund rights remain unaffected.

Returns and exchanges are governed by our Return & Refund Policy, together with your rights under applicable consumer law.

Products are offered for personal or household use. Please contact us before ordering for commercial resale.

SECTION 4 – PRICES AND BILLING

Unless otherwise stated, prices are displayed in Australian dollars (AUD) and include applicable GST.

We will clearly display the total payable price before you complete your purchase. Unavoidable charges that can be calculated in advance will be included in the displayed total as required by law. Any delivery charges or other applicable charges will be disclosed before you place your order.

Where an international shipment may attract customs duties or import charges payable by you, we will disclose this before purchase and include those amounts in the total where required and reasonably calculable.

Prices, discounts and promotions may change for future purchases. We will not increase the price of an accepted order without your agreement.

Promotions may have additional conditions, which will be made available with the offer. Those conditions do not limit your statutory rights.

You agree to provide accurate payment and billing information and to use only payment methods you are authorised to use.

If a pricing error affects your order, we will contact you and handle it in accordance with applicable law. We will not charge an increased amount without your consent.

SECTION 5 – SHIPPING AND DELIVERY

Available destinations, shipping options, processing times and estimated delivery times are explained in our Shipping Policy and any relevant information displayed before checkout.

We use third-party fulfilment suppliers, and products may be dispatched directly from overseas. The dispatch location and relevant delivery information will be disclosed before purchase. Our store name and listed warehouse address do not mean that every order is dispatched from Melbourne.

Delivery estimates are provided in good faith using the information available when you order. If we expressly agree to a guaranteed delivery date, that commitment will apply.

Unexpected carrier delays, customs processing or other events may affect delivery. If a significant delay occurs, we will provide updates and work with you to resolve the issue.

We remain your point of contact for missing, damaged or undelivered orders. Our responsibilities do not end simply because a parcel has been handed to a carrier.

Risk of loss or damage remains with us until the products are delivered to you or a person or location you have expressly authorised to receive them.

If we cannot supply your order within the agreed timeframe or a reasonable time, we will provide an appropriate solution in accordance with applicable law.

Please provide a complete and accurate delivery address and contact us promptly if you notice an error.

SECTION 6 – INTELLECTUAL PROPERTY

The website and its content, including text, photographs, graphics, logos, videos, designs and layout, are owned by us or used with permission from their respective owners. They are protected by applicable copyright, trade mark and other intellectual property laws.

You may access the Services for personal, non-commercial purposes and save or print information reasonably needed for your purchases or records.

Except as permitted by law or with the relevant owner’s permission, you must not reproduce, distribute, modify, republish or commercially exploit website content.

The Sarah & Susan Melbourne name, logos and branding may not be used in a way that infringes our rights or suggests an unauthorised association with us.

Shopify’s name and branding belong to Shopify. Other third-party names and branding belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

The Services may include tools or features supplied by third parties.

Where a tool is independently provided by a third party, its use may be subject to that provider’s terms and privacy practices. Please review those terms before using the tool.

We do not guarantee the uninterrupted availability of optional third-party tools. However, using a third-party provider does not remove any responsibility we have under applicable law.

New features or tools introduced through our Services will be subject to these Terms and any clearly disclosed additional conditions.

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links to independent third-party websites or resources.

These links do not necessarily constitute an endorsement. We do not control independent websites or their content, products, services or privacy practices.

Please review the relevant third party’s terms before making a separate purchase or sharing personal information with them.

Questions about purchases made directly from an independent third party should ordinarily be directed to that business. This does not affect our responsibilities for products purchased from Sarah & Susan Melbourne or for our own representations and conduct.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Sarah & Susan Melbourne is powered by Shopify, which enables us to provide the Services to you. However, purchases from our store are made directly with ecomschild trading as Sarah & Susan Melbourne.

Shopify provides the platform and is not the seller of the products you purchase from us. Questions about orders, delivery, returns and refunds should be directed to info@sarahsusanmelbourne.com.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for our performance of the sales contract.

Nothing in this section releases Shopify or any other party from liability that cannot lawfully be excluded, or limits your rights in relation to that party’s own conduct or separately provided services.

SECTION 10 – PRIVACY POLICY

Our Privacy Policy, available on this website, explains how we collect, use, store and disclose personal information.

Shopify also processes personal information in connection with hosting our store, facilitating transactions and providing its services. Depending on the service, Shopify may process information on our behalf or for purposes described in its own privacy policy.

You can read Shopify’s privacy information at:

https://www.shopify.com/legal/privacy/consumers

Personal information may be shared with service providers, including payment processors, fulfilment partners and delivery companies, where necessary to provide the Services. These providers may be located outside your country of residence.

Please review our Privacy Policy for further information about overseas processing and your privacy rights.

SECTION 11 – FEEDBACK AND REVIEWS

If you submit a review, comment, suggestion or other content (“Feedback”), you retain ownership of that content.

You grant us a non-exclusive, worldwide, royalty-free licence to reproduce, display and use the Feedback to operate, improve and promote our Services. This includes sharing it with service providers who help us perform those activities.

We will not use Feedback in a misleading way, materially change the meaning of a review or imply an endorsement you have not given. Use of personal information remains subject to our Privacy Policy and applicable law.

You confirm that you have the rights necessary to submit the Feedback and that it is honest, lawful and does not infringe another person’s rights. Please disclose any incentive or compensation received for a review.

Feedback must not contain unlawful, defamatory, abusive or malicious material, malware or another person’s confidential information.

We may remove content for legitimate reasons, such as spam, unlawful content or a breach of these Terms. We will not remove an otherwise genuine review simply because it is negative.

Unless separately agreed, we are not required to pay for unsolicited Feedback or respond to every submission.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

We take reasonable care to keep website information accurate, but occasional errors or omissions may occur.

We may correct information about products, prices, promotions, stock availability or delivery estimates.

If an error affects an order you have placed, we will contact you promptly and explain the available options. We will not use this section to change an accepted order unilaterally or avoid our obligations under consumer law.

Where an order is lawfully cancelled and cannot be fulfilled, any relevant payment will be refunded.

SECTION 13 – PROHIBITED USES

You must use the Services lawfully and must not:

• Engage in fraud or provide deliberately false or misleading information.

• Infringe intellectual property, privacy or other legal rights.

• Threaten, harass or abuse our staff or other people.

• Impersonate another person or business.

• Upload malware or interfere with website security.

• Attempt to gain unauthorised access to accounts, systems or personal information.

• Send spam or unsolicited commercial messages through the Services.

• Collect personal information about others without lawful authority.

• Use automated tools in a way that disrupts the Services, bypasses security or unlawfully extracts content.

• Commercially exploit the Services or their content without permission.

These restrictions do not prevent honest reviews, lawful complaints or the exercise of consumer rights.

We may restrict access where reasonably necessary to address a serious breach, suspected fraud, security threat or legal requirement.

SECTION 14 – TERMINATION

You may stop using the Services at any time and contact us if you wish to close your account.

We may suspend or terminate access for a material breach of these Terms or another legitimate reason, such as fraud, unlawful activity or a security risk.

Where reasonably practicable, we will explain the reason and provide an opportunity to resolve a remediable breach. Immediate action may be necessary to protect users, systems or comply with the law.

Closing or suspending an account does not remove your rights relating to existing purchases. We will fulfil accepted orders or provide an appropriate refund where fulfilment is not possible.

Provisions intended to continue after termination, including intellectual property rights, lawful use of Feedback and accrued rights and obligations, will remain effective.

SECTION 15 – WARRANTIES AND CONSUMER GUARANTEES

Our products come with consumer guarantees under the Australian Consumer Law that cannot be excluded.

For a major failure, you are entitled to choose a refund or replacement and may be entitled to compensation for reasonably foreseeable loss or damage. For other failures, you are entitled to an appropriate remedy in accordance with the law.

Our Return & Refund Policy explains how to contact us about a product issue. Any voluntary return conditions apply separately from your statutory rights.

We do not promise that the website will always be uninterrupted or free from technical errors. We will take reasonable care in operating the Services and addressing problems.

Website information is intended to assist with shopping and does not replace professional medical or other specialist advice where required.

No website availability disclaimer limits the consumer guarantees applicable to products we sell.

SECTION 16 – LIABILITY

We are responsible for our obligations under these Terms and applicable law.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, negligence causing personal injury, a breach of a non-excludable consumer guarantee or any other liability that cannot lawfully be excluded or limited.

Subject to those protections, we are not responsible for losses caused solely by your unlawful conduct or misuse of the Services.

Any lawful limitation of liability will apply only to the extent permitted by applicable law. Your rights to compensation under the Australian Consumer Law remain unaffected.

SECTION 17 – RESPONSIBILITY FOR UNLAWFUL CONDUCT

To the extent permitted by law, you are responsible for reasonable, direct losses we incur as a result of your fraudulent or unlawful use of the Services or your deliberate infringement of a third party’s rights.

This responsibility does not extend to losses caused by our breach of these Terms, negligence or unlawful conduct, or that of our service providers.

If a third-party claim arises from such conduct, we will notify you promptly and take reasonable steps to minimise any loss. We will not agree to a settlement that imposes an obligation on you without your consent.

This section does not impose liability merely because you browse the website, place an order, make a complaint or exercise a consumer right.

SECTION 18 – SEVERABILITY

If a provision of these Terms is found to be unlawful or unenforceable, it will be treated as removed to the extent necessary.

The remaining provisions will continue to apply where they can operate lawfully without the affected provision.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

A delay or failure by either party to enforce a right does not mean that the right has been waived.

These Terms, the policies referred to in them and the information forming part of an accepted order govern your use of the Services and your purchase.

Nothing in this section excludes responsibility for representations made by us before purchase, misleading conduct or rights arising under applicable law.

SECTION 20 – ASSIGNMENT

Neither party may transfer contractual obligations in a way that materially reduces the other party’s rights without consent.

We may transfer the operation of our business and related agreements to a new operator if your existing rights and protections are preserved. We will give notice where the transfer materially affects you or where required by law.

This section does not restrict any right to transfer or assign a claim where permitted by applicable law.

SECTION 21 – GOVERNING LAW

For purchases delivered to Australia, these Terms and the relevant sales contract are governed by the laws of Victoria, Australia, including the Australian Consumer Law.

You and we submit to the non-exclusive jurisdiction of courts and tribunals with authority to hear the dispute.

This does not prevent you from bringing a claim in another court or tribunal that has jurisdiction or remove mandatory protections available under the laws applicable to your purchase or place of residence.

SECTION 22 – HEADINGS

Headings are provided for convenience and do not change the meaning of these Terms.

SECTION 23 – CHANGES TO THESE TERMS

The current version of these Terms is available on this page.

We may update these Terms to reflect changes in our Services, business practices or legal requirements.

Changes apply prospectively. An accepted order remains governed by the Terms in effect when it was placed, unless you agree otherwise or a change is required by law.

Where a material change affects an ongoing account or service, we will provide reasonable notice and explain when it takes effect. You may stop using the Services or close your account if you do not accept the updated Terms, without losing rights relating to existing purchases.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms, orders or our Services can be sent to info@sarahsusanmelbourne.com.

Store name: Sarah & Susan Melbourne
Company name: ecomschild
Company address: Boezem 55, 4007 RA Tiel, the Netherlands
Warehouse address: Foundation Road, Truganina VIC 3029, Australia
Company registration number: 42067606
Phone: +61 468 146 761
Email: info@sarahsusanmelbourne.com

Please do not send returns to the company or warehouse address unless our customer service team has confirmed the correct return instructions.

Customer service hours:
Monday to Friday: 09:00–17:00 (GMT)
Saturday and Sunday: 11:00–16:00 (GMT)

We aim to respond to enquiries within 24 hours.