OVERVIEW

This website is operated by MYLS AU LIMITED, a New Zealand registered company, NZBN 9429053349415, ABN 28 927 132 069, trading as Lovestash Australia and LoveStash. Throughout the site, the terms “we”, “us” and “our” refer to MYLS AU LIMITED trading as Lovestash Australia.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, together with any additional terms, conditions and policies referenced here or available by hyperlink.

Your order will be processed by MYLS AU LIMITED, NZBN 9429053349415, ABN 28 927 132 069, trading as Lovestash Australia. Your order, these Terms of Service, and any separate agreements under which we provide goods or services to you are governed by the laws of New Zealand.

Lovestash Australia serves customers in Australia. Nothing in these Terms excludes, restricts or modifies any non-excludable rights, remedies or protections available to Australian consumers under the Australian Consumer Law or any other applicable consumer protection law.

These Terms apply to all users of the site, including without limitation browsers, customers, merchants, vendors and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, you must not access the website or use our services.

Any new features or tools added to the current store will also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. Shopify provides the online e-commerce platform that allows us to offer our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least 18 years old and legally able to purchase adult products in your location.

You must not use our products, website or services for any illegal or unauthorised purpose, and you must not violate any laws in your jurisdiction when using the Service.

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of these Terms may result in immediate termination of your access to the Service.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We aim to provide accurate, complete and current information on this website. However, the material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.

This site may contain historical information. Historical information is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update information except where required by law. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except to the extent required by applicable law.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return, refund or exchange only in accordance with our Returns Policy and applicable consumer law.

We have made every effort to display product colours and images as accurately as possible. We cannot guarantee that your device display will accurately show the colour of a product.

We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. Product descriptions, availability and pricing may change at any time without notice.

Any offer for any product or service made on this site is void where prohibited.

While we work to ensure product information is correct, manufacturers may occasionally alter product packaging, specifications, ingredients, warnings, accessories or materials. Actual product packaging and materials may contain different or additional information from what is shown on our website. Please read labels, warnings and directions before use.

Content on this website is for general information only and is not intended to replace advice from a qualified medical, health or professional adviser. You should not use this information for self-diagnosis or treating a health problem. If you have a medical concern, contact a qualified health professional.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet every personal expectation, except to the extent required by applicable consumer law.

SECTION 5A - AUSTRALIAN CONSUMER LAW

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

Any return, refund, replacement, warranty or store policy we provide operates in addition to any rights you may have under applicable consumer law.

SECTION 5B - ADULT PRODUCTS, HYGIENE AND SAFETY

Our products are intended for adults aged 18 years and over.

For health, hygiene and safety reasons, some products may not be suitable for return once opened, used, damaged, tampered with, or where hygiene seals have been broken, except where you are entitled to a remedy under applicable consumer law.

You are responsible for using products safely, hygienically and in accordance with product instructions, warnings and directions. If irritation, discomfort or an adverse reaction occurs, discontinue use and seek appropriate medical advice if needed.

SECTION 5C - DELIVERY AND SHIPPING

Delivery timeframes shown on our website are estimates only and may vary due to courier availability, delivery location, weekends, public holidays, weather events, operational delays or other circumstances beyond our reasonable control.

Once your parcel has been handed to the courier or delivery provider, tracking updates and delivery timeframes may depend on that courier or delivery provider. We will assist with tracking enquiries and delivery issues where possible.

By placing an order, you acknowledge that delivery timeframes are estimates and that delays may occur.

Risk in the goods passes to you when the goods are delivered to the delivery address provided with your order, except where applicable law provides otherwise.

Nothing in this section limits, excludes or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable consumer protection law.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse, limit or cancel any order you place with us, subject to applicable law.

We may, in our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed using the same customer account, payment card, billing address or shipping address.

If we change or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.

We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our store. You agree to promptly update your account and other information, including email address and payment details, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind, except to the extent required by law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you understand and approve the terms on which the relevant third-party provider offers those tools.

We may also offer new services or features through the website in the future. Such new features or services will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating third-party content, accuracy, policies, products or services.

We are not liable for harm or damages related to the purchase or use of goods, services, resources, content or other transactions made through third-party websites, except to the extent required by law.

Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us comments, reviews, feedback, ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise, you agree that we may use, edit, copy, publish, distribute, translate and display those comments in any medium, subject to applicable privacy and consumer laws.

We are under no obligation to maintain comments in confidence, pay compensation for comments, or respond to comments.

We may, but have no obligation to, monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, abusive, obscene, misleading, infringing, or otherwise objectionable, or that violates these Terms.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You must not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of any comments. You are responsible for comments you make and their accuracy.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

By using our site, you acknowledge that we may use third-party applications and services to operate the website, process orders, analyse website use, improve our services and support customer experience, as described in our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, delivery timeframes or availability.

We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if information on the website or Service is inaccurate at any time, including after you have submitted your order, subject to applicable law.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any applicable laws, regulations, rules or local ordinances;
(d) to infringe our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate;
(f) to submit false or misleading information;
(g) to upload or transmit viruses, malware or malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene, exploitative or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that results obtained from use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice.

To the fullest extent permitted by law, the Service and all products and services delivered through the Service are provided “as is” and “as available”, except as expressly stated by us or required by applicable law.

Nothing in these Terms excludes, restricts or modifies any non-excludable consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law.

To the fullest extent permitted by law, MYLS AU LIMITED trading as Lovestash Australia, and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors, will not be liable for any indirect, incidental, punitive, special or consequential damages, including lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Service or any product purchased through the Service.

Where liability cannot be excluded, our liability is limited to the maximum extent permitted by applicable law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless MYLS AU LIMITED trading as Lovestash Australia, and our directors, officers, employees, affiliates, agents, contractors, licensors, service providers, subcontractors and suppliers, from any claim or demand made by any third party due to or arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms, and the determination will not affect the validity and enforceability of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date will survive termination of this agreement.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part of them.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service.

These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of these Terms.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide goods or services to you are governed by and construed in accordance with the laws of New Zealand.

Your order will be processed by MYLS AU LIMITED, NZBN 9429053349415, ABN 28 927 132 069, trading as Lovestash Australia, and will be processed in accordance with New Zealand law.

The courts of New Zealand will have non-exclusive jurisdiction over any dispute arising from or relating to these Terms, your use of the website, or any purchase made through the website.

Lovestash Australia serves customers in Australia. Nothing in this section limits, excludes or modifies any non-excludable rights, remedies or protections available to Australian consumers under the Australian Consumer Law or any other applicable consumer protection law.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@lovestash.com.au.

Merchant: MYLS AU LIMITED trading as Lovestash Australia
NZBN: 9429053349415
ABN: 28 927 132 069
Website: lovestash.com.au
Customer support: support@lovestash.com.au