Terms of service

Terms of Service

Overview

This website is operated by Aussies Boutique. Throughout the site, the terms “we”, “us” and “our” refer to Aussies Boutique and MINDRISE, LLC, as applicable.

Aussies Boutique is operated by MINDRISE, LLC, a Delaware limited liability company.

Aussies Boutique offers this website, including all information, tools, products and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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

These Terms of Service apply to all users of the website, including without limitation users who are browsers, customers, merchants, vendors and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all terms and conditions of this agreement, you may not access the website or use our services.

Any new features, products or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Business Information

Aussies Boutique is operated by MINDRISE, LLC, a Delaware limited liability company.

Business name: MINDRISE, LLC
Trading name: Aussies Boutique
Registered office: 131 Continental Dr, Suite 305, Newark, DE 19713, New Castle County, Delaware, United States
State of formation: Delaware, United States
Email: info@aussies-boutique.com
Market of operation: Australia

Aussies Boutique sells products to customers in Australia through an online retail model. Products may be shipped directly from external fulfilment partners, suppliers or warehouses, including locations outside Australia.

Section 1. Online Store Terms

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, territory, province or country of residence, or that you have given us permission to allow any minor dependent to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service.

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

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

Section 2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time, where permitted by law.

You understand that your content, excluding payment 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.

Payment and 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 express written permission from us.

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 make reasonable efforts to ensure that the information on this website is accurate, complete and up to date. However, we do not guarantee that all information made available on this site is accurate, complete, current or error-free.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without checking more complete or more accurate sources of information where necessary.

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

We reserve the right to modify the contents of this site at any time, but we have no obligation to update information unless required by law.

Section 4. Changes to Products, Services and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue any product, service, content or part of the website at any time without notice, where permitted by law.

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

Section 5. Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be returned or exchanged only in accordance with our Return Policy and applicable consumer law.

We have made every effort to display as accurately as possible the colors, images, descriptions and details of our products. We cannot guarantee that your device’s display of any color will be fully accurate.

Product images are for illustrative purposes only. Minor differences in color, fabric, texture, packaging, labels or appearance may occur due to lighting, screen settings, production batches or supplier variations.

We reserve the right, but are not obligated, to limit the 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.

All product descriptions and product prices are subject to change at any time without notice, at our sole discretion.

We reserve the right to discontinue any product at any time.

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

Section 6. Dropshipping and External Fulfilment

Aussies Boutique operates using an online retail and external fulfilment model.

This means that products may be shipped directly to the customer by third-party suppliers, manufacturers, warehouses or logistics partners.

Products may be shipped from locations outside Australia.

All our products may be shipped directly to the customer from external fulfilment partners, including suppliers located overseas.

By placing an order, you acknowledge that your order may be fulfilled by a third-party fulfilment partner on behalf of Aussies Boutique.

Aussies Boutique remains your seller and point of contact for customer service, order support, returns and complaints.

External suppliers and fulfilment partners are not parties to the sales agreement between you and Aussies Boutique.

Section 7. Order Acceptance and Contract Formation

The display of products in our online store does not constitute a legally binding offer, but an invitation to place an order.

By clicking the purchase button and completing checkout, you make an offer to purchase the selected product.

After placing an order, you will receive an automated confirmation email. This confirms that we have received your order, but does not guarantee acceptance if there is an error, fraud risk, stock issue or other valid reason for refusal.

We reserve the right to refuse or cancel any order where:

the product is unavailable;
there is an obvious pricing or product information error;
payment is declined or reversed;
incorrect or incomplete information has been provided;
we suspect fraud, misuse or unauthorized activity;
we are unable to fulfil the order for reasons outside our reasonable control.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled item.

Section 8. Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase, delivery and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address, delivery address and payment information, so that we can complete your transactions and contact you when necessary.

We are not responsible for delays, failed deliveries or additional costs caused by incorrect or incomplete information provided by you.

We reserve the right to cancel or limit orders that appear to be placed by dealers, resellers or distributors.

Section 9. Shipping and Delivery

Orders are usually processed within 1 to 5 business days.

Estimated delivery times are typically 5 to 20 business days after dispatch, depending on the destination, carrier, customs processing, supplier availability and other logistical circumstances.

Delivery times are estimates only and are not guaranteed unless expressly stated otherwise.

Delays may occur due to customs, postal carriers, supplier processing, public holidays, peak periods, weather events, incorrect delivery information or other circumstances outside our reasonable control.

If your order is significantly delayed, please contact us at info@aussies-boutique.com so we can investigate and assist.

Tracking information may be provided where available. Tracking updates may take several business days to appear after shipment.

Section 10. Customs, Duties and Import Charges

Because products may be shipped from outside Australia, orders may be subject to customs duties, import taxes, GST, clearance fees, brokerage fees or other charges imposed by local authorities.

Unless these charges are clearly collected by us at checkout, they are not included in the product price and remain the responsibility of the customer, where permitted by law.

Aussies Boutique and MINDRISE, LLC do not control customs authorities and are not responsible for customs delays, inspections, import restrictions or charges imposed by government authorities.

You are responsible for ensuring that any product you order can legally be imported into your country or region.

If you refuse delivery or refuse to pay applicable import charges, any return shipping costs, storage fees, carrier fees or other resulting costs may be deducted from any refund, where permitted by law.

Section 11. Returns and Exchanges

Returns and exchanges are handled in accordance with our Return Policy and applicable consumer law.

For change-of-mind returns, the customer is responsible for return shipping costs.

Returned products must be unused, unworn, unwashed, undamaged and in their original packaging with all tags, labels and accessories included.

Returns must be approved by us before being sent back.

Do not send products back to the sender address shown on the parcel unless we have specifically instructed you to do so.

Because we use external fulfilment partners, returns may need to be sent to an international return facility.

The return address may differ from the original shipping address and may vary depending on the product.

For approved returns, you must include your name and order number inside the package and provide us with a valid tracking number or tracking link.

Without tracking information, we may be unable to identify, track or process your return.

For change-of-mind returns, we are not responsible for return parcels that are lost, delayed, damaged, refused or not delivered to the return facility.

Section 12. Refunds

Refunds for approved change-of-mind returns will be processed after the returned item has been received and inspected at the relevant return facility.

If the item is approved after inspection, the refund will be issued to the original payment method unless otherwise agreed.

Original shipping costs, return shipping costs, customs fees, import charges and payment processing costs may be excluded from the refund where permitted by law.

We reserve the right to refuse a refund if the returned product is used, damaged, incomplete, altered, washed, worn, stained or not in resellable condition, except where a refund is required under applicable consumer law.

Refund processing times may vary depending on your payment provider or bank.

Section 13. Defective, Damaged or Incorrect Products

If you receive a defective, damaged, incorrect or incomplete product, please contact us as soon as possible at info@aussies-boutique.com.

Please include:

your order number;
a clear description of the issue;
photos or videos showing the issue;
photos of the packaging and shipping label, if relevant.

We will review the issue and provide an appropriate solution in accordance with applicable consumer law.

Depending on the circumstances, this may include a replacement, repair, refund, partial refund, store credit or another suitable remedy.

Nothing in these Terms limits any rights you may have under the Australian Consumer Law.

Section 14. Australian Consumer Law

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right, remedy or protection that cannot be excluded under the Australian Consumer 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 the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

These rights apply in addition to any rights or remedies provided under our own policies.

Section 15. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have 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 and without any endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools, except where such liability cannot be excluded 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 are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

Section 16. 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 the content or accuracy of third-party websites, and we do not warrant and will not have any liability or responsibility for third-party materials, websites, products or services.

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 17. User Comments, Feedback and Submissions

If you send us comments, feedback, suggestions, reviews, ideas, proposals or other materials, whether online, by email, by post or otherwise, you agree that we may use, edit, copy, publish, distribute, translate and otherwise use them in any medium.

We are under no obligation to:

maintain any comments in confidence;
pay compensation for any comments;
respond to any comments.

We may monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, harmful, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

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 as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy.

Section 18. Personal Information

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

By using our website and placing an order, you acknowledge that your personal information may be processed by us and by third-party service providers, including payment processors, fulfilment partners, shipping carriers and customer support providers.

Where necessary for order fulfilment, your personal information may be transferred internationally.

Section 19. Errors, Inaccuracies and Omissions

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, availability or other details.

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.

We undertake no obligation to update, amend or clarify information on the website, except as required by law.

No specified update or refresh date should be taken to indicate that all information on the website has been modified or updated.

Section 20. Prohibited Uses

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

for any unlawful purpose;
to solicit others to perform or participate in unlawful acts;
to violate any international, federal, state, territory or local laws or regulations;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, intimidate or discriminate;
to submit false or misleading information;
to upload or transmit viruses or malicious code;
to collect or track the personal information of others;
for spam, phishing, pharming, pretexting, spidering, crawling or scraping;
for obscene or immoral purposes;
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 21. Disclaimer of Warranties and Limitation of Liability

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

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

You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you, where permitted by law.

To the maximum extent permitted by law, the Service and all products and services delivered to you through the Service are provided “as is” and “as available”, except as expressly stated by us.

Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under applicable law, including the Australian Consumer Law.

To the maximum extent permitted by law, Aussies Boutique, MINDRISE, LLC and their affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees shall not be liable for indirect, incidental, punitive, special or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages.

Where liability cannot be excluded but may be limited, our liability is limited to the amount paid by you for the product or service concerned, unless a different remedy is required by law.

Section 22. Indemnification

You agree to indemnify, defend and hold harmless Aussies Boutique, MINDRISE, LLC, their affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

This indemnity applies only to the extent permitted by applicable law.

Section 23. Severability

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

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

Section 24. Termination

These Terms of Service 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 by ceasing to use our website.

If we determine or suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

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

Section 25. Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us.

They govern your use of the Service and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 26. Governing Law

These Terms of Service and any separate agreements under which we provide you services shall be governed by and interpreted in accordance with the laws of the State of Delaware, United States, unless mandatory consumer protection laws provide otherwise.

However, if you are a customer located in Australia, nothing in these Terms excludes, restricts or modifies any mandatory rights, guarantees or remedies available to you under the Australian Consumer Law or other applicable Australian consumer protection laws.

Where mandatory consumer protection laws apply, those laws will prevail to the extent of any inconsistency.

Section 27. Changes to Terms of Service

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

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

Section 28. Contact Information

Questions about the Terms of Service should be sent to us at:

Aussies Boutique
Operated by MINDRISE, LLC
Email: info@aussies-boutique.com

Registered company information:

MINDRISE, LLC
131 Continental Dr, Suite 305
Newark, DE 19713
New Castle County
Delaware, United States