Terms of service
OVERVIEW
This website is operated by Art by Aayra. Throughout the site, the terms “we”, “us” and “our” refer to Art by Aayra. We offer this website, including all information, tools and services available, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing our site and/or purchasing something from us, you agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including any additional terms and policies linked herein. These Terms apply to all users of the site.
Please read these Terms of Service carefully. If you do not agree with them, you may not use our services. Your continued use constitutes acceptance of these Terms, as may be amended from time to time.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
You must be at least 18 years old or have permission from a legal guardian to use this site. You must not use our products or services for unlawful purposes, and you must comply with all applicable Australian laws and regulations, including copyright and consumer protection laws.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any lawful reason. You understand your content (excluding credit card details) may be transferred unencrypted. All credit card information is encrypted via industry-standard protocols.
You agree not to duplicate or exploit our Service or content without written permission.
SECTION 3 - ACCURACY OF INFORMATION
Information provided on this site is for general guidance only. While we strive for accuracy, we do not warrant the completeness, timeliness, or accuracy of the content and disclaim liability to the extent permissible under Australian law.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to change prices or discontinue services without notice. However, any such changes will not affect existing orders already accepted unless required by law.
SECTION 5 - PRODUCTS OR SERVICES
Products are subject to availability and may be limited in quantity. Returns and exchanges are governed by our Returns Policy, which complies with your rights under the Australian Consumer Law.
Under ACL, you are entitled to a refund or replacement for a major failure and compensation for any other reasonably foreseeable loss or damage.
SECTION 6 - BILLING AND ACCOUNT INFORMATION
You agree to provide accurate billing and contact details. We reserve the right to limit or cancel orders, particularly those that appear to be placed by resellers or distributors.
SECTION 7 - OPTIONAL TOOLS
Optional third-party tools are provided “as is.” We are not responsible for third-party tools and you use them at your own risk, subject to their terms of service.
SECTION 8 - THIRD-PARTY LINKS
We do not control and are not responsible for third-party websites. Use of third-party resources is at your own discretion and risk.
SECTION 9 - USER SUBMISSIONS
By submitting content, you grant us a non-exclusive right to use it. You agree not to post unlawful or offensive content and are responsible for what you submit.
SECTION 10 - PERSONAL INFORMATION
Your personal information is handled in accordance with our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
SECTION 11 - ERRORS AND INACCURACIES
We may correct errors or update content at any time without prior notice. This does not affect your statutory rights under Australian law.
SECTION 12 - PROHIBITED USES
You agree not to use the site for unlawful or prohibited activities, including uploading viruses, infringing intellectual property, or breaching security.
SECTION 13 - WARRANTIES & LIMITATION OF LIABILITY
Nothing in these Terms limits your rights under the Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure, and compensation for other reasonably foreseeable loss or damage.
To the extent permitted by law, we exclude all other express or implied warranties and limit our liability for breach of any non-excludable condition or warranty to one or more of the following: (a) replacement or resupply of goods or services; or (b) payment for such replacement or resupply.
SECTION 14 - INDEMNITY
You agree to indemnify, defend and hold harmless Art by Aayra and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
These Terms remain in effect until terminated by you or us. We may terminate your access if you breach these Terms.
SECTION 17 - ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us and supersede prior agreements. Any waiver must be in writing.
SECTION 18 - GOVERNING LAW
These Terms are governed by the laws of South Australia. Any disputes arising under these Terms shall be resolved in accordance with Australian law.
SECTION 19 - CHANGES TO TERMS
We may update these Terms at any time. It is your responsibility to review them periodically. Continued use of the website implies acceptance of changes.
SECTION 20 - CONTACT INFORMATION
If you have any questions regarding these Terms of Service, please contact:
📧 Email: artbyaayra@gmail.com
📍 Address: 15 Humffray Street, Brabham WA 6055, Australia