Terms of service
SECTION 1 — ACCESS AND ACCOUNTS
By agreeing to these Terms, you represent that you are legally capable of entering into an agreement with us.
If you permit a minor to access or use the Services through a device or account that you own or control, you are responsible for supervising their use of the Services to the extent permitted by law.
When accessing the Services or making a purchase, you may be required to provide information including your name, email address, billing information, delivery information and payment information.
You agree that all information you provide to us will be accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activities carried out through your account.
You must not sell, transfer, assign or license your account to another person without our prior written consent.
SECTION 2 — OUR PRODUCTS
Grace & Wonder may offer digital products, downloadable content and physical products.
Digital products may include downloadable files, printable materials, digital books, educational resources, templates, illustrations and other digital content described on our website.
Physical products may include printed books, educational materials, merchandise, gifts and other physical goods described on our website.
We make reasonable efforts to ensure that product descriptions, photographs, illustrations, previews, specifications and other information displayed on our website accurately represent the products being offered.
Because products may be displayed on different devices and screens, colours and other visual elements may appear slightly different depending on your device, screen settings, lighting or software.
For handmade, printed or manufactured physical products, minor variations may occur where these are reasonably expected for that type of product and do not amount to a failure to comply with an applicable consumer guarantee.
You should review the applicable product description before purchasing, including relevant information about dimensions, materials, file types, compatibility requirements or other product-specific information.
We may update, modify or discontinue products from time to time. However, doing so does not remove any rights or remedies you have in relation to a product you have already purchased.
All products remain subject to applicable consumer guarantees under Australian law.
SECTION 3 — ORDERS
When you submit an order through our store, you are making an offer to purchase the selected product or products.
An order is accepted when we confirm acceptance of your order, dispatch a physical product, make a digital product available to you, or otherwise confirm that your order has been accepted.
Payment must be successfully authorised and processed before we are required to fulfil an order.
Please review your order carefully before submitting it, particularly when purchasing digital products that may be made available shortly after payment.
We reserve the right to refuse or cancel an order where reasonably necessary, including where:
- payment cannot be authorised;
- we reasonably suspect fraud or unauthorised activity;
- there has been an obvious pricing or product-listing error;
- a product is unavailable or out of stock; or
- we are unable to lawfully complete the transaction.
If we cancel an order after receiving payment and you are entitled to repayment, we will refund the applicable amount using the original payment method where reasonably practicable.
Returns, refunds, replacements and other remedies are governed by our Return and Refund Policy and your rights under the Australian Consumer Law and other applicable laws.
Nothing in these Terms limits any statutory right to a refund, replacement, repair or other remedy.
SECTION 4 — PRICES AND BILLING
Unless otherwise stated, prices displayed on our Australian store are in Australian dollars (AUD).
Grace & Wonder is not currently registered for Goods and Services Tax (GST). Accordingly, GST is not added to the prices of products sold by Grace & Wonder.
Any additional charges applicable to an order, including shipping or delivery charges where applicable, will be disclosed before you complete your purchase.
Prices, promotions and discounts may change from time to time. A price change will not ordinarily affect an order that we have already accepted, subject to applicable law.
Promotional offers may be subject to additional terms and conditions. Where specific promotional terms apply, they will apply to that promotion subject to applicable law.
You agree to provide current, complete and accurate purchase, payment, billing and account information when making a purchase.
You represent that you are authorised to use the payment method provided.
We may use third-party payment processors to securely process transactions. Your use of a payment method may also be subject to the terms and privacy practices of the relevant payment provider.
SECTION 5 — DIGITAL DELIVERY, SHIPPING AND PHYSICAL PRODUCTS
Digital Products
Digital products are generally delivered electronically.
Depending on the product, delivery may occur through a download link, email, customer account, online access page or another electronic method described at the time of purchase.
You are responsible for providing an accurate email address and ensuring that your device and software meet any clearly disclosed compatibility requirements.
Although digital products may normally become available shortly after successful payment, occasional technical delays may occur.
If you experience difficulty accessing or downloading a purchased digital product, please contact Grace & Wonder so that we can assist you.
Physical Products
Where physical products are offered, available shipping methods, delivery charges and estimated delivery times will be displayed at checkout or otherwise communicated to you before completing your purchase.
Delivery times are estimates unless we expressly state otherwise.
Delivery may occasionally be affected by postal or courier delays, weather, customs, supply disruptions or circumstances outside our reasonable control.
We will take reasonable steps to fulfil your order and address delivery problems where they occur.
You are responsible for providing an accurate and complete delivery address.
If you discover an error in your delivery information after placing an order, please contact us as soon as possible. We cannot guarantee that delivery information can be changed after an order has been processed or dispatched.
If a physical order arrives damaged, contains an incorrect product, appears to be lost in transit, or does not arrive within a reasonable period, please contact us so that we can investigate the issue.
Nothing in this section limits your rights under the Australian Consumer Law.
If a digital or physical product is faulty, materially different from its description, not of acceptable quality or otherwise fails to comply with an applicable consumer guarantee, you may be entitled to a remedy under the Australian Consumer Law.
SECTION 6 — INTELLECTUAL PROPERTY AND DIGITAL PRODUCT LICENCES
Unless otherwise stated, the Services and content made available by Grace & Wonder, including our original text, graphics, illustrations, digital downloads, designs, photographs, videos, audio, logos and product materials, are owned by or licensed to Grace & Wonder and are protected by applicable Australian and international intellectual property laws.
Purchasing a digital or physical product does not transfer ownership of Grace & Wonder's underlying copyright, trademarks or other intellectual property rights to you.
Unless a product description or separate licence expressly states otherwise, digital products purchased from Grace & Wonder are licensed to you for personal, non-commercial use only.
You must not, without our prior written permission or an applicable licence:
- reproduce or redistribute our digital products for commercial purposes;
- sell, resell, sublicense or commercially distribute our digital products;
- upload purchased digital files to file-sharing websites or publicly accessible platforms;
- claim our original content as your own;
- remove copyright or proprietary notices;
- use our digital products to create substantially identical products for resale; or
- otherwise use our intellectual property in a manner that infringes our rights.
Purchasing a physical product does not give you the right to reproduce, copy or commercially exploit any protected artwork, text, illustrations, designs or other intellectual property appearing on or incorporated into that product.
Nothing in these Terms prevents any use permitted by applicable copyright law or another law that cannot lawfully be restricted.
“Grace & Wonder” and associated logos, branding and original designs may be protected by applicable intellectual property laws.
Shopify's names, logos, product names and trademarks belong to Shopify or its applicable licensors.
SECTION 7 — OPTIONAL THIRD-PARTY TOOLS
We may provide access to tools, applications or services operated by third parties.
We do not necessarily control these third-party services.
Your use of third-party tools may be subject to the terms and privacy policies of the relevant third-party provider.
To the extent permitted by law, Grace & Wonder is not responsible for independent acts, omissions or services of third-party providers that are outside our reasonable control.
Nothing in this section excludes any liability that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
We may introduce new tools, features or resources through the Services from time to time. Unless otherwise stated, those features will also be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties.
These links may be provided for convenience or functionality and do not necessarily mean Grace & Wonder endorses the third-party website, product or service.
We are not responsible for content or practices on third-party websites that we do not control.
Before purchasing from or providing personal information to a third-party website, you should review that third party's applicable terms, policies and privacy practices.
Nothing in this section limits any responsibility Grace & Wonder has under applicable law.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Grace & Wonder is powered by Shopify, which provides the ecommerce platform that enables us to provide the Services to you.
However, purchases made from the Grace & Wonder store are transactions between you and Grace & Wonder.
Shopify is not the seller of Grace & Wonder products merely because it provides the ecommerce platform used by our store.
To the maximum extent permitted by law, Shopify and its affiliates are not responsible for claims arising solely from products sold directly by Grace & Wonder.
Nothing in this section excludes or restricts any right or remedy that cannot lawfully be excluded.
SECTION 10 — PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.
Because our store is hosted by Shopify, Shopify may collect and process certain personal information in connection with your use of the Services.
Information may also be processed by service providers that assist us with functions such as payment processing, website hosting, analytics, email delivery, digital delivery, order processing and shipping.
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 11 — REVIEWS, COMMENTS AND FEEDBACK
If you voluntarily submit a review, comment, suggestion, idea or other feedback to Grace & Wonder, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that feedback for legitimate business purposes, including operating and promoting Grace & Wonder.
You retain ownership of your original content.
You represent that you have the right to submit the content and that your submission does not unlawfully infringe another person's rights.
You must not submit content that is unlawful, defamatory, abusive, fraudulent, obscene, malicious or infringes another person's intellectual property or privacy rights.
We may remove content where we reasonably believe it violates these Terms or applicable law.
Nothing in this section affects rights that cannot lawfully be excluded.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
We make reasonable efforts to ensure information on our website is accurate.
Occasionally, information may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, shipping charges, delivery estimates or availability.
We may correct genuine errors or update inaccurate information when identified.
If an error affects an order you have already placed, we will deal with the matter reasonably and in accordance with applicable law.
Nothing in this section allows Grace & Wonder to avoid an accepted contractual obligation or consumer guarantee where the law does not permit us to do so.
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
- for unlawful or fraudulent purposes;
- to infringe our intellectual property rights or the rights of another person;
- to harass, threaten, abuse or unlawfully discriminate against another person;
- to transmit malicious software, viruses or harmful code;
- to send spam, phishing communications or other unauthorised solicitations;
- to impersonate another person or misrepresent your identity;
- to interfere with the security or proper operation of the Services;
- to unlawfully collect or misuse personal information;
- to bypass security or access controls;
- to scrape, extract or systematically copy protected content in breach of applicable law or these Terms; or
- to use the Services in any way that violates applicable law.
We may suspend or terminate access where we reasonably believe these Terms have been materially breached, subject to applicable law.
SECTION 14 — AUTOMATED SYSTEMS AND AGENTS
Automated systems, bots, artificial intelligence agents or similar technologies must not access or interact with the Services in a manner that:
- circumvents security or access controls;
- falsely represents automated activity as human activity;
- unlawfully extracts or reproduces protected content;
- interferes with the operation of the Services;
- violates applicable law; or
- infringes our intellectual property or other legal rights.
We may use reasonable technical measures to protect the Services from abusive or unauthorised automated access.
Nothing in this section restricts lawful activities that cannot legally be prohibited.
SECTION 15 — TERMINATION
You may stop using the Services at any time.
We may suspend or terminate access to the Services where reasonably necessary, including where we reasonably believe you have materially breached these Terms, engaged in fraudulent or unlawful activity or created a security risk.
Termination does not affect rights or obligations that arose before termination.
Provisions that by their nature should continue after termination, including provisions concerning intellectual property, privacy, liability, consumer rights and governing law, will continue to apply.
SECTION 16 — AUSTRALIAN CONSUMER LAW AND WARRANTIES
Our digital and physical products come with consumer guarantees that may apply under the Australian Consumer Law.
Depending on the circumstances, these guarantees may include requirements that goods are of acceptable quality, are fit for any disclosed purpose, match their description and correspond with any applicable sample or demonstration model.
Services may also be subject to applicable consumer guarantees.
These statutory rights apply automatically where the Australian Consumer Law applies and are separate from any additional warranty or voluntary guarantee Grace & Wonder may provide.
Nothing in these Terms excludes, restricts or modifies:
- the application of the Australian Consumer Law;
- the exercise of a right or remedy available under the Australian Consumer Law; or
- our liability for failing to comply with a consumer guarantee,
where such exclusion, restriction or modification would be unlawful.
Subject to those rights and to the maximum extent permitted by law, we do not guarantee that our website will always be available, uninterrupted or completely free from technical errors.
Temporary interruptions may occur for maintenance, updates, internet disruptions or circumstances beyond our reasonable control.
SECTION 17 — LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability under the Australian Consumer Law or another applicable law that cannot lawfully be excluded, restricted or modified.
Subject to the preceding paragraph and to the maximum extent permitted by law, Grace & Wonder will not be liable for indirect or consequential loss arising solely from circumstances beyond our reasonable control where such liability may lawfully be excluded.
Nothing in these Terms excludes liability where doing so would be unlawful.
Where applicable law permits liability to be limited, any limitation will apply only to the extent permitted by that law.
SECTION 18 — YOUR RESPONSIBILITY FOR MISUSE
You are responsible for loss or damage that Grace & Wonder reasonably incurs as a direct result of your unlawful use of the Services, infringement of another person's rights or material breach of these Terms, to the extent permitted by law.
You will not be responsible under this section to the extent that the loss or damage was caused or contributed to by Grace & Wonder.
Nothing in this section creates an obligation that would be unfair or unenforceable under the Australian Consumer Law.
SECTION 19 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary, where legally permitted.
The remaining provisions will continue to apply to the extent they are capable of operating independently.
SECTION 20 — 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 our Privacy Policy, Return and Refund Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and Grace & Wonder regarding your use of the Services.
Nothing in this section excludes representations, guarantees, rights or remedies that cannot lawfully be excluded under applicable law.
SECTION 21 — ASSIGNMENT
You must not transfer your rights or obligations under these Terms to another person without our prior written consent where our consent is reasonably required.
We may transfer our rights or obligations in connection with a legitimate sale, restructure or transfer of our business, provided that doing so does not unlawfully reduce your rights.
Nothing in this section permits an assignment that would be unlawful or unfair under applicable consumer law.
SECTION 22 — GOVERNING LAW
These Terms are governed by the laws of Queensland, Australia, and applicable laws of the Commonwealth of Australia.
Subject to any rights you may have under applicable consumer law, you and Grace & Wonder submit to the jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts.
Nothing in this section limits any right you may have to bring a claim or exercise a remedy in another jurisdiction where applicable law gives you that right.
SECTION 23 — HEADINGS
Headings are included for convenience and readability only and do not affect the interpretation of these Terms.
SECTION 24 — CHANGES TO THESE TERMS
The current version of these Terms will be available on our website.
We may update these Terms from time to time to reflect changes to our products, Services, business practices or applicable laws.
Where a change materially affects your rights in relation to an existing Service or ongoing arrangement, we will provide notice where required by applicable law.
Changes will take effect from the date specified in the updated Terms or accompanying notice.
Changes to these Terms will not retrospectively remove consumer rights or remedies that have already arisen.
SECTION 25 — CONTACT INFORMATION
If you have questions about these Terms of Service, your order or your rights as a customer, please contact us:
Business Name: Grace & Wonder
ABN: 29 989 760 880
Postal Address: PO Box 42, Buddina QLD 4575, Australia
Email: graceandwonder.au@gmail.com
Phone: 0485 603 541
AUSTRALIAN CONSUMER LAW
Nothing in these Terms of Service is intended to exclude, restrict or modify any consumer guarantee, right or remedy available under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable legislation, where those rights cannot lawfully be excluded, restricted or modified.
Where there is any inconsistency between these Terms and a mandatory right or remedy available to you under applicable consumer law, the mandatory consumer-law right or remedy will prevail.