Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Dolce. Throughout the site, the terms “we”, “us” and “our” refer to Dolce.
Dolce offers this website, including all information, tools, products and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms.
Our store is hosted by Shopify, which provides us with the online ecommerce platform that allows us to sell our products and services to you.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot legally be excluded, restricted or modified.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you have given consent for any minor dependants to use this site.
You may not use our products or Services for any illegal or unauthorised purpose or violate any applicable laws in your use of the Service.
You must not transmit viruses, malicious code or anything else that may damage or interfere with the operation of the website.
A breach of these Terms may result in termination of your access to the Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone where permitted by law.
You understand that information you submit through the website, excluding payment information, may be transferred across networks and adapted to technical requirements. Payment information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or website content without our express written permission.
SECTION 3 – ACCURACY OF INFORMATION
We do our best to ensure information on our website is accurate and up to date. However, information provided on the site is for general information and should not be relied upon where more complete or current information is required.
We may update or change website content at any time.
Nothing in this section limits your rights under the Australian Consumer Law, including your right to receive products that match their description.
SECTION 4 – PRODUCTS AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue products at any time.
All prices are displayed in Australian dollars unless otherwise stated.
We make every reasonable effort to display product colours, finishes, shapes and designs accurately. However, colours and appearance may vary slightly depending on your screen, lighting and individual product variations.
Product availability is subject to stock.
SECTION 5 – PRODUCTS
Certain products may be available exclusively online and quantities may be limited.
We reserve the right to limit quantities purchased where reasonably necessary, including where we suspect an order has been placed for unauthorised resale or fraudulent purposes.
Press-on nail wear time can vary between individuals and depends on factors including nail preparation, application method, adhesive used, natural nail condition, lifestyle and exposure to water or oils.
Any wear times mentioned on our website, packaging or social media are guides or examples only unless expressly stated otherwise. Individual results may vary.
Customers should follow the application, removal and safety instructions supplied with the products.
Nothing in this section excludes any guarantee or right available under the Australian Consumer Law.
SECTION 6 – ORDERS AND BILLING INFORMATION
We reserve the right to refuse or cancel an order where reasonably necessary, including where we suspect fraud, an incorrect price, unauthorised resale or an error in product availability.
If we cancel an order after payment has been received, we will refund the relevant amount.
You agree to provide current, complete and accurate purchase and account information so that we can complete your transaction and contact you if required.
SECTION 7 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES
We may provide access to third-party tools or services that we do not control.
Your use of third-party tools or services may also be subject to the terms and policies of the relevant third party.
Nothing in this section excludes rights that cannot legally be excluded under Australian law.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to third-party websites.
We are not responsible for the content or practices of third-party websites that we do not control. You should review the relevant third party’s policies before entering into transactions with them.
SECTION 9 – REVIEWS, FEEDBACK AND OTHER SUBMISSIONS
If you submit reviews, photographs, comments, suggestions or other content to us, you confirm that you have the right to provide that content.
Where you give us permission to share your content, you grant us permission to use that content in connection with Dolce, including on our website, social media and marketing.
We will not knowingly publish personal information beyond what you have authorised us to use.
You must not submit unlawful, abusive, defamatory or misleading content or content that infringes another person’s rights.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy.
SECTION 11 – ERRORS AND OMISSIONS
Occasionally there may be information on our website containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability.
Where permitted by law, we reserve the right to correct errors and update information.
If an error affects an order you have already placed, we will contact you where appropriate and provide any remedy required by applicable law.
SECTION 12 – SHIPPING, DELIVERY AND PICKUP
Shipping and delivery timeframes provided by Dolce are estimates unless expressly stated otherwise.
We are not responsible for delays outside our reasonable control. However, nothing in this section limits any rights you have under the Australian Consumer Law where products are not supplied within an agreed or reasonable time.
Local pickup or local delivery options may be offered where displayed at checkout or otherwise arranged with us.
Customers are responsible for providing accurate delivery information. Please contact us as soon as possible if you notice an error in your delivery details.
Please refer to our Shipping Policy for further information.
SECTION 13 – RETURNS, REFUNDS AND CONSUMER GUARANTEES
Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
If a product has a major problem, you may be entitled to choose a refund or replacement. For a minor problem, we may choose to repair, replace or refund the product as permitted under the Australian Consumer Law.
For hygiene reasons, we generally do not accept change-of-mind returns or exchanges for opened or used press-on nail sets.
This does not affect your rights where a product is faulty, damaged, incorrectly supplied, not as described or otherwise fails to meet a consumer guarantee.
Please refer to our Refund Policy for further information.
SECTION 14 – PROHIBITED USES
You must not use our website or Services:
(a) for any unlawful purpose;
(b) to violate applicable laws or regulations;
(c) to infringe our intellectual property rights or those of another person;
(d) to harass, abuse, threaten or harm another person;
(e) to submit false or misleading information;
(f) to transmit malicious software or code;
(g) to collect or track another person’s personal information unlawfully;
(h) to spam, phish or engage in fraudulent activity;
(i) to interfere with or circumvent the security of the website; or
(j) in any way that materially interferes with the operation of the Service.
We may restrict or terminate access to the Service where these Terms are breached.
SECTION 15 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content of this website, including our branding, photographs, graphics, written content and other original materials, is owned by or licensed to Dolce and is protected by applicable intellectual property laws.
You may not reproduce or commercially use our content without permission except where permitted by law.
SECTION 16 – DISCLAIMER
We make reasonable efforts to provide accurate information and maintain the availability of our website.
We do not guarantee that access to the website will always be uninterrupted or error-free.
To the maximum extent permitted by law, we exclude warranties or conditions that may lawfully be excluded.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law where doing so would be unlawful.
SECTION 17 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Dolce will not be liable for losses that are not reasonably foreseeable or that are not caused by our breach of these Terms or applicable law.
Nothing in these Terms excludes, restricts or modifies liability or rights that cannot legally be excluded, restricted or modified, including rights and remedies available under the Australian Consumer Law.
SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify Dolce against reasonable loss or damage arising directly from your unlawful use of the website, your material breach of these Terms or your infringement of another person’s rights.
This section does not require you to indemnify Dolce for loss or damage caused by our own negligence, unlawful conduct or breach of applicable law.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions will continue in effect.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately enforce a right under these Terms, this does not mean we waive that right.
These Terms, together with the policies referenced on our website, constitute the agreement between you and us regarding your use of the website and Services, subject to any rights that cannot be excluded under applicable law.
SECTION 21 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent.
We may transfer our rights and obligations where permitted by law, provided doing so does not reduce any rights you have under applicable consumer law.
SECTION 22 – GOVERNING LAW
These Terms of Service are governed by the laws of Victoria, Australia and applicable Commonwealth laws of Australia.
Nothing in this section limits any rights you may have under applicable Australian consumer protection laws.
SECTION 23 – HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms from time to time by publishing an updated version on our website.
Where required by law, we will provide appropriate notice of material changes.
The version published on our website will reflect the current Terms applicable to use of the website.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Dolce
Email: hello@shopdolce.com.au
Victoria, Australia