Welcome to Shop Small Collective.
In these terms, we also refer to Shop Small Collective as “our”, “we, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this Website, being www.shopsmallcollective.com.au and any other websites we operate with the same domain name and a different extension (Website).
These terms also apply when you purchase products (Products) sold by various Australian sellers (Sellers) through this Website.
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here: www.shopsmallcollective.com/privacy-policy.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
- PART A: Terms for when you buy Products (applies when you buy)
- PART B: Terms for when you browse and interact with this Website (applies when you browse and use the Website)
- PART C: Liability and warranties, and interpretation provisions (applies to buying, browsing and using the Website)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your shop, do I need read these terms again?
Once you place an Order, the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of this Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
PART A
FOR WHEN YOU BUY PRODUCTS…
1. SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
(i) you are over the age of 18 and have the legal capacity to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2. ACCOUNTS AND ELIGIBILITY
(a) To complete an Order, you may be required to create an account through the Website (Account).
(b) As part of the Account application process and your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account application process, Shop Small Collective may, in its absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account (however is under no obligation to do so).
(e) Shop Small Collective reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
3. PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on the Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by us, or the original Seller of the Products (Seller), as applicable. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
4. PAYMENT
(a) All prices are:
(i) per unit (except where indicated);
(ii) in the currency shown on the site at the time of placing an Order; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST (if applicable) or GST is not payable. In relation to any GST payable for a taxable supply by Shop Small Collective, you must pay the GST subject to Shop Small Collective providing a tax invoice.
(d) (Card surcharges) Shop Small Collective reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products, currently Stripe. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5. DELIVERY AND SHIPPING
(a) (Delivery Policy) Please refer to our Website for our delivery policy.
(b) (Delivery Costs) Delivery costs will be added to the cart upon checkout and may be applicable per Seller. Delivery costs won’t be payable if you select in store pick-up, if offered by the Seller.
(c) (Delivery Details) Where delivery applies:
(i) delivery is to the delivery point specifically accepted by us; and
(ii) the Seller will deliver the Products to you in accordance with the shipping information displayed on our Website.
(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to the relevant courier or Seller to troubleshoot the issue, or to us if the issue is not resolved. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(e) (International Orders) Shop Small Collective reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and taxes applicable.
6. CHANGES TO YOUR ORDER AND RETURNS
(a) (Cancellation by us) We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
(b) (Cancellation by you) Once you have placed an Order, that Order cannot be cancelled. However, please get in touch with us or the Seller if you have any issues or changes you would like made to your Order and we may be able to assist.
(c) (Returns)
(i) Please refer to our Website for our returns policy.
(ii) If you believe your Products are faulty, please contact us using the details provided on our Website with a full description of the fault (including images if possible) within a reasonable time after you receive the Products. We will then get in touch with you with next steps.
(iii) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
7. ISSUES WITH YOUR ORDER
(a) If you have any issues with your Order, please:
(i) first, contact the Seller with details of your issue by using the functionality provided in your Account or through our contact form on our Website; and
(ii) if you cannot resolve the issue with the Seller, please contact us using the functionality provided in your Account or through our contact form on our Website.
(b) If you have placed an Order but have not created an Account, or require assistance for any other reason, please contact us through our Website and we will endeavour to assist as soon as possible.
8. GIFT VOUCHERS – NOT CURRENTLY AVAILABLE
(a) In addition to the terms set out in clause 8(b), any gift vouchers issued by us are subject to the terms and conditions for gift vouchers set out on the Website.
(b) Gift vouchers:
(i) are not transferrable or redeemable for cash;
(ii) cannot be replaced if they are lost;
(iii) must be presented at the time of use; and
(iv) can only be used for the total value on the gift card (the total value can be redeemed in multiple uses).
9. LINKED BUSINESSES
You acknowledge and agree that:
(a) the Website provides introductions to Sellers which are businesses owned and operated by third parties that are not under the control of Shop Small Collective;
(b) the provision by Shop Small Collective of introductions to Sellers does not imply any endorsement or recommendation by Shop Small Collective of any Seller;
(c) Shop Small Collective does not represent or guarantee that it will examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Seller who uses or is listed on the Website; and
(d) any additional terms and conditions relating to Products provided via the Website outside of this agreement constitute a contract between you and the Seller and do not involve Shop Small Collective in any way.
10. INTELLECTUAL PROPERTY
(a) You must not attempt to copy, reproduce, manufacture, commercialise or otherwise breach any intellectual property rights in the Products.
(b) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
11. THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of the Products; or
(ii) procure materials and Products from third party suppliers; without further notice to or permission from you.
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or Products.
12. RATINGS AND REVIEWS
(a) You may rate Products sold by a Seller (each a ‘Rating’) and provide feedback regarding the relevant Products (Review).
(b) Ratings and Reviews may be able to be viewed by other users and these may remain viewable until the Seller no longer sells Products through the Website.
(c) You must provide true, fair and accurate information in their Reviews.
(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review, or future Reviews. We do not undertake to review each Review made by users of the Website.
(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(f) You may only write a Review about Sellers if you have had a buying or selling experience with that Seller, which means that you have purchased a Product or Placed an Order with
that Seller (referred to as a Service Experience).
(g) If you have had an unsatisfactory Service Experience, please attempt to resolve the situation with the Seller before posting a Review.
(h) You must only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
(i) Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
(j) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Seller to write a Review, you should include information about this in your Review. Incentives include the Seller offering you a gift, reward, discount or advantage for writing a Review about the Seller on the Platform.
13. PUBLISHING PHOTOS ONLINE / ON SOCIAL MEDIA
You may publish photos of the Products online or on social media (or both), and we ask that you please provide accreditation to us by reference or hashtag. We reserve the right to require you to remove any posts that feature the Products or remove any accreditation to us.
PART B
FOR WHEN YOU BROWSE AND USE THIS WEBSITE…
14. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
15. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Shop Small Collective;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Shop Small Collective, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
16. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
17. INTELLECTUAL PROPERTY
(a) Shop Small Collective retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Shop Small Collective or as permitted by law.
(c) In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
18. THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party Products and services, and Shop Small Collective will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
19. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
20. THIRD PARTY HOSTING
(a) This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
(b) To the maximum extent permitted under applicable law and our agreement with our third party hosting provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
21. SECURITY
Shop Small Collective does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
22. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
PART C
LIABILITY AND OTHER LEGAL TERMS…
23. LIABILITY
(a) To the maximum extent permitted by applicable law, Shop Small Collective limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Shop Small Collective to $100 AUD.
(b) Claims for loss of or damage to Products in transit must be made against the carrier.
(c) Products sold by Shop Small Collective, will have only the benefit of any warranty given, and insurance held, by the Seller.
(a) Shop Small Collective is a medium that facilitates the introduction of customers and Sellers for the purposes of buying and selling Products. Shop Small Collective simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, customers and Sellers in relation to such Products or otherwise resulting from the introduction.
(b) All other express or implied representations and warranties in relation to Products and the associated services performed by Shop Small Collective are, to the maximum extent permitted by applicable law, excluded.
(c) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the Products or services we provide.
(d) (Indemnity) You indemnify Shop Small Collective and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any Products or services provided by Shop Small Collective.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Shop Small Collective be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Shop Small Collective (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
24. GENERAL
24.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
24.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
24.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
24.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
24.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
24.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
24.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
24.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
25. NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party, whichever is earlier.
Last updated on 16 April 2021
The Trustee for Clissold Family Trust
ABN 74 294 943 378
Operating under the business name Shop Small Collective