Terms of service

These Terms of Service govern access to and use of boroughkitchenx.shop, including purchases made through our online store.

Throughout these Terms, “we,” “us,” and “our” refer to boroughkitchenx.shop. “You” and “customer” refer to persons accessing or purchasing through the website.

By using this website or placing an order, you agree to these Terms to the extent permitted by applicable law.

1. Online Store Terms

You must use boroughkitchenx.shop only for lawful purposes.

You must not use the website in a manner that:

  • Violates applicable law;
  • Infringes intellectual property rights;
  • Introduces malware or malicious code;
  • Attempts unauthorised access;
  • Interferes with website security;
  • Conducts fraudulent transactions;
  • Misuses another person's information;
  • Disrupts the operation of the store.

2. Eligibility to Purchase

By placing an order, you represent that you have legal capacity to enter into the transaction or have appropriate authority to do so.

You are responsible for providing accurate billing, shipping, contact, and payment information.

3. Products

We make reasonable efforts to accurately present our products.

Product images are illustrative representations, and appearance may vary slightly depending on display settings, photography, manufacturing tolerances, or other reasonable factors.

Nothing in this provision allows us to supply goods that materially differ from their description or otherwise fail applicable consumer guarantees.

4. Product Availability

Products may be subject to availability.

We may modify, discontinue, replace, or limit products from time to time.

If an ordered product becomes unavailable after purchase, we may contact the customer and provide an appropriate solution, which may include cancellation and refund.

5. Pricing

Prices are those displayed at checkout when the order is submitted, subject to correction of obvious errors where permitted by law.

We reserve the right to change future prices without prior notice.

A price change does not ordinarily affect an order that has already been validly accepted.

6. Orders

Submitting an order constitutes an offer to purchase the selected products.

We may review orders before acceptance.

We may refuse or cancel an order where reasonably necessary, including because of:

  • Product unavailability;
  • An obvious pricing error;
  • Suspected fraud;
  • Payment failure;
  • Incorrect product information;
  • Legal restrictions;
  • Inability to fulfil the order.

Where we cancel a paid order and no goods are supplied, an appropriate refund will be issued.

7. Payment

Customers must provide a payment method accepted at checkout.

Payments may be processed through Shopify and third-party payment providers.

Customers represent that they are authorised to use the payment method submitted.

8. Shipping

All orders qualify for free standard shipping.

The estimated standard delivery timeframe is generally 15–20 days.

Delivery estimates are not absolute guarantees where delays arise from circumstances reasonably outside our control.

Our Shipping Policy forms part of these Terms.

9. Risk and Delivery

Customers should provide a complete and accurate delivery address.

Where required by law, responsibility for delivery remains with us until delivery is completed in accordance with the applicable transaction.

Customers should promptly report significant delivery problems to info@boroughkitchenx.shop.

10. Returns and Refunds

Returns and refunds are governed by our Return and Refund Policy and applicable Australian law.

Our voluntary return rules operate in addition to rights customers may have under Australian Consumer Law.

11. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify a consumer guarantee, right, remedy, condition, warranty, or liability that cannot lawfully be excluded.

Where Australian Consumer Law applies, customers may have rights concerning goods that are defective, unsafe, unacceptable in quality, unfit for purpose, or materially inconsistent with their description.

Mandatory statutory rights take priority over inconsistent provisions in these Terms.

12. Accuracy of Website Information

We make reasonable efforts to maintain accurate website information.

Occasional typographical, technical, pricing, description, or availability errors may occur.

We may correct errors and update information where appropriate, subject to applicable law and valid existing orders.

13. Intellectual Property

Unless otherwise indicated, the website's original layout, written content, branding, graphics, design elements, and other proprietary materials are protected by applicable intellectual property laws.

Customers may use the website for personal shopping purposes.

Unauthorised commercial reproduction, distribution, scraping, republication, or exploitation of protected materials is prohibited.

14. Customer Reviews and Submissions

If the website permits customers to submit reviews, comments, feedback, photographs, or other content, customers must not submit unlawful, defamatory, fraudulent, infringing, threatening, obscene, or misleading material.

Customers remain responsible for content they submit.

Where legally permitted, you grant us a non-exclusive licence to display and use content voluntarily submitted for publication in connection with the store.

15. Third-Party Services

Certain functionality may be provided by third parties, including Shopify, payment processors, delivery companies, analytics services, and other technology providers.

We are not responsible for independent third-party services beyond the extent required by applicable law.

16. Third-Party Links

Our website may include links to independent third-party websites.

A link does not necessarily constitute endorsement.

Customers access independent third-party sites subject to those sites' own terms and privacy practices.

17. Prohibited Uses

You may not use our website to:

  • Commit fraud;
  • Violate law;
  • Infringe intellectual property;
  • Harass or abuse others;
  • Submit malicious software;
  • Collect information unlawfully;
  • Circumvent security controls;
  • Interfere with website operation;
  • Conduct unauthorised automated scraping;
  • Impersonate another person.

18. Disclaimer

To the maximum extent permitted by law, information on the website is provided for general retail purposes.

We do not exclude any warranty, guarantee, or obligation that cannot legally be excluded under Australian Consumer Law.

19. Limitation of Liability

To the maximum extent permitted by applicable law, boroughkitchenx.shop will not be liable for indirect or consequential losses that are not reasonably foreseeable or for losses arising solely from circumstances outside our reasonable control.

This clause does not limit liability where doing so would violate Australian Consumer Law or another mandatory law.

20. Indemnification

To the extent permitted by law, you agree to be responsible for losses reasonably resulting from your unlawful use of the website, intentional infringement of third-party rights, fraudulent conduct, or material breach of these Terms.

This provision does not impose liability beyond what applicable law permits.

21. Privacy

Use of personal information is governed by our Privacy Policy.

By using the website, customers acknowledge that information necessary to process transactions may be shared with service providers involved in payment, fulfilment, delivery, security, and ecommerce operations.

22. Electronic Communications

By purchasing from us or contacting us electronically, you agree that transactional notices may be provided electronically.

Marketing communications will be handled separately in accordance with applicable law and customer preferences.

23. Force Majeure and Events Outside Reasonable Control

We will not be responsible to the extent permitted by law for delays caused by events outside our reasonable control, including severe weather, natural disasters, transport interruptions, carrier disruptions, industrial action, government measures, or major infrastructure failures.

Nothing in this section removes consumer remedies required by law.

24. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

25. No Waiver

Failure to enforce a provision immediately does not necessarily constitute a waiver of that provision or any legal right.

26. Changes to These Terms

We may update these Terms from time to time.

Changes will generally apply prospectively from the date they are published, except where a different approach is required by law.

The Terms applicable to an existing transaction will be determined according to applicable law and the version in effect when the transaction occurred.

27. Applicable Law

These Terms are intended to operate consistently with applicable Australian law.

Nothing in these Terms removes any mandatory jurisdiction, venue, consumer protection, or dispute resolution right available to a customer under applicable law.

28. Contact

Questions concerning these Terms may be sent to:

boroughkitchenx.shop
Email: info@boroughkitchenx.shop