Terms of service

OVERVIEW

Welcome to Cavara Melbourne! The terms “we”, “us” and “our” refer to Cavara Melbourne. Cavara Melbourne operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Cavara Melbourne is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, colors or product appearance may differ from how they appear on your screen due to the device you use and your settings.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Cavara Melbourne reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Cavara Melbourne confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Cavara Melbourne may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund & Return Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer promotions that may affect pricing and that are governed by terms separate from these Terms. If there is a conflict, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such card, (iii) charges incurred by you will be honoured by your card issuer, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Cavara Melbourne, its affiliates or licensors and are protected by Australian and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing grants a licence under any Cavara Melbourne, Shopify or third-party IP. All rights not expressly granted are reserved.

Cavara Melbourne’s names, logos, product and service names, designs, and slogans are trademarks of Cavara Melbourne or its affiliates or licensors. You must not use such trademarks without our prior written permission.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. You agree that we provide access to such tools “as is” and “as available” without warranties of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools. Your use is entirely at your own risk and discretion and you should ensure you are familiar with and approve the terms of the relevant third party. We may also offer new features in the future; such features are part of the Services and subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access third-party sites, you do so at your own risk. We are not liable for any harm or damages related to third-party websites, products or services. Please review the third party’s policies and practices before any transaction. Concerns regarding third-party products and services should be directed to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Cavara Melbourne is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Cavara Melbourne. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Cavara Melbourne, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Cavara Melbourne.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and other service providers that may be located outside Australia. Review our Privacy Policy for details on how we use your personal information.

Nothing in these Terms limits your rights under the Australian Privacy Principles or the Australian Consumer Law.

SECTION 11 – FEEDBACK

If you submit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose. You represent and warrant that you own or have all necessary rights to all Feedback; you have disclosed any compensation or incentives; and your Feedback will comply with these Terms. We may, but are not obliged to, monitor, edit or remove unlawful or objectionable Feedback. You agree your Feedback will not violate any third-party rights or contain malware. You are solely responsible for your Feedback.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, for any unlawful purpose; to violate any applicable laws; to infringe IP; to harass, abuse or harm others; to transmit false or misleading information; to transmit or reuse material that does not comply with these Terms; to send spam or similar solicitations; to impersonate others; or to engage in conduct that restricts or inhibits anyone’s use of the Services or may harm Cavara Melbourne, Shopify or users.

You also agree not to upload or transmit viruses or malicious code; reproduce, duplicate, copy, sell, resell or exploit the Services; collect or track personal information of others; spam, phish, pharm, pretext, spider, crawl, or scrape; or interfere with or circumvent security features. We may suspend, disable, or terminate your account at any time if you violate these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The sections stated to survive termination will continue to apply.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and any reliance is at your own risk.

EXCEPT AS EXPRESSLY STATED BY CAVARA MELBOURNE, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Nothing in this Section limits any non-excludable guarantees, rights or remedies under the Australian Consumer Law (ACL).

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL CAVARA MELBOURNE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS, DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. This Section is subject to the ACL; where liability cannot be excluded, it is limited to the remedies provided under the ACL (e.g., repair, replacement or refund).

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cavara Melbourne, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, arising out of your breach of these Terms, violation of any law or third-party rights, or your access to and use of the Services. We will notify you of any indemnifiable claim and may control the defence and settlement at your expense.

SECTION 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be enforced to the maximum extent permitted and the remainder will continue in full force.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision shall not constitute a waiver. These Terms and any policies posted on the site constitute the entire agreement between you and us and supersede prior agreements. Ambiguities shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.

SECTION 21 – GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services are governed by the laws of Victoria, Australia and the Commonwealth of Australia. You and Cavara Melbourne submit to the exclusive jurisdiction of the courts of Victoria, and courts entitled to hear appeals from them.

SECTION 22 – HEADINGS

Headings are for convenience only and do not limit these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We may update, change, or replace any part of these Terms by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of the Services following the posting of any changes constitutes acceptance.

Contact Information

Store Name: Cavara Melbourne
Email: support@cavara-melbourne.com
Phone: +61385926426
Address: 283 Glen Huntly Rd, Elsternwick VIC 3185, Australia

Customer Service Hours: Monday to Friday: 9:00 AM – 5:30 PM (AEST)
Customer service will respond within 24 hours on Monday to Friday.