Terms of service
Happy to! A few things I've done while simplifying, since the template you've got is quite US-centric:
- Swapped the American references (US law, "state or province") for Australian ones, since Suki Co is an Aussie business.
- Added a note that consumer guarantees under Australian Consumer Law can't be excluded — the ACCC actually requires this, and blanket "no warranties" language can get small businesses in trouble here. It also works in your favour given your one-year warranty is a selling point.
- Kept Section 9 (the Shopify relationship section) essentially as-is, since Shopify's note says not to modify it.
- Cut the repetition and legalese but kept all the protections that matter.
One caveat: I'm not a lawyer, so it's worth a quick once-over from one (or at least Shopify's compliance resources) before publishing. Here it is:
TERMS OF SERVICE
Welcome to Suki Co
These Terms of Service ("Terms") apply when you use our website, browse our store, or purchase from us ("the Services"). Suki Co is powered by Shopify, which enables us to provide the Services to you.
By using our Services, you agree to these Terms and our Privacy Policy [LINK]. If you don't agree, please don't use the Services.
1. Who can use our store
You must be at least the age of majority where you live to shop with us. If you allow a minor in your care to use the Services on your device, you're responsible for their use. Any information you provide (like your email, billing and shipping details) must be accurate, current and complete, and you're responsible for keeping your account details secure.
2. Our products
We do our best to display our products accurately, but colours may appear slightly different depending on your screen and device settings. Product descriptions may change at any time, and we may discontinue or limit quantities of any product at our discretion.
3. Orders
When you place an order, you're making an offer to purchase. Your order isn't accepted until we confirm it and your payment has been processed. We may decline or cancel an order for any reason, and if we do, we'll contact you using the details you provided. Please check your order carefully before submitting, as we may not be able to cancel it once accepted.
Returns and exchanges are handled in accordance with our Refund Policy [LINK]. Purchases are for personal use only, not for resale.
4. Prices and payment
Prices are in AUD and may change without notice. The price you pay is the price shown at the time you place your order, as confirmed in your order confirmation email. Unless stated otherwise, prices don't include shipping or any applicable customs or import charges.
From time to time we may run promotions with their own terms. If those terms conflict with these Terms, the promotion terms apply. You agree to provide accurate, up-to-date payment information and to pay all charges for your order, including shipping and applicable taxes.
5. Shipping and delivery
Delivery times are estimates only. We're not responsible for delays caused by carriers, customs, or events outside our control. Once your order is handed to the carrier, title and risk of loss passes to you.
6. Intellectual property
Everything on our Services — including our name, logo, images, text, designs and content — belongs to Suki Co or our licensors. You may use the Services for personal, non-commercial purposes only. You must not copy, reproduce, distribute or use our content or trademarks without our prior written consent. Shopify's name, logo and trademarks belong to Shopify.
7. Third-party tools and links
The Services may include third-party tools or links to third-party websites. We don't control these and provide access "as is", without any endorsement or responsibility. Any use of third-party tools or websites is at your own risk, and any concerns should be directed to the relevant third party.
8. Relationship with Shopify
Suki Co is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Suki Co. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Suki Co, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Suki Co.
9. Privacy
Personal information collected through the Services is handled in accordance with our Privacy Policy [LINK]. Because our store is hosted by Shopify, Shopify also collects and processes certain information about your use of the Services, which may be transferred to and processed in other countries.
10. Reviews and feedback
If you submit reviews, suggestions or other feedback, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify and display that content for any purpose, including promoting Suki Co. You confirm your feedback is your own, is accurate, doesn't infringe anyone's rights, and doesn't contain anything unlawful, offensive or malicious. You must disclose if you received any compensation or incentive in connection with your feedback. We may remove feedback at our discretion and aren't obliged to compensate you for it.
11. Errors and inaccuracies
Occasionally our Services may contain errors relating to descriptions, pricing, promotions, shipping or availability. We reserve the right to correct any errors and to cancel orders affected by inaccurate information, including after an order has been submitted.
12. Prohibited uses
You may only use the Services for lawful purposes. You must not use the Services to break any law, infringe intellectual property rights, harass or harm others, transmit false or misleading information, send spam, impersonate anyone, upload viruses or malicious code, scrape or collect others' personal information, or interfere with the security or operation of the Services. We may suspend or terminate your access at any time if you breach these Terms.
13. Termination
We may terminate these Terms or your access to the Services at any time without notice. You remain liable for any amounts owed up to the date of termination. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability and indemnification) will continue to apply.
14. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded. Our products come with guarantees that cannot be excluded under Australian Consumer Law.
15. Disclaimer of warranties
Subject to Section 14, the Services and products are provided "as is" and "as available". To the extent permitted by law, we make no warranties or representations of any kind, express or implied, and don't guarantee that the Services will be uninterrupted, secure or error-free. Information on the Services is provided for general purposes only, and any reliance on it is at your own risk.
16. Limitation of liability
Subject to Section 14 and to the fullest extent permitted by law, Suki Co, Shopify, and our respective directors, employees, affiliates, agents and service providers will not be liable for any indirect, incidental, special, punitive or consequential damages (including lost profits, lost data or replacement costs) arising from your use of the Services or any products, whether based in contract, tort, strict liability or otherwise, even if advised of the possibility of such damages.
17. Indemnification
You agree to indemnify and hold harmless Suki Co, Shopify, and our respective affiliates, officers, employees, agents and service providers from any claims, losses or damages (including reasonable legal fees) arising from your breach of these Terms, your violation of any law or third-party rights, or your use of the Services.
18. General
If any part of these Terms is found to be unenforceable, the rest remains in effect. Our failure to enforce any provision isn't a waiver of it. These Terms, together with our posted policies, form the entire agreement between you and us and supersede any prior agreements. You may not assign your rights under these Terms without our consent; we may assign ours without notice.
19. Governing law
These Terms are governed by the laws of Victoria, Australia, and you and Suki Co submit to the jurisdiction of the courts of Victoria.
20. Changes to these Terms
We may update these Terms at any time by posting changes on this page. We'll notify you of material changes as required by law. Continued use of the Services after changes are posted means you accept the updated Terms.
21. Contact us
Questions about these Terms? Email us at support@sukico.com.au.