Terms of service
OVERVIEW
Welcome to Legally Blind & Morally Grey (LB & MG)! The terms "we", "us" and "our" refer to LB & MG. LB & MG operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). LB & MG is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every reasonable effort to accurately represent our products, including their colours, materials, details and appearance. However, colours and finishes may appear differently depending on lighting, photography, your device, screen settings and other display conditions.
Many LB & MG products are handmade, embellished, reimagined or one of a kind. Small variations in placement, colour, finish, texture and other handmade details may occur and are part of the individual character of each piece.
Product descriptions, photographs and specifications are provided to help you make an informed purchasing decision. Where a product is custom or personalised, the agreed specifications for that order will also form part of the product description.
Products may be changed, discontinued or made unavailable without notice. Some products are unique or produced in limited quantities and may not be available again once sold.
Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law, including consumer guarantees relating to acceptable quality and products matching their description.
SECTION 3 - ORDERS
When you place an order with LB & MG, you are making an offer to purchase the products in your order. An order is accepted when we confirm acceptance and payment has been successfully processed.
We reserve the right to decline or cancel an order where reasonably necessary, including where a product is unavailable, there has been an error in product information or pricing, we are unable to fulfil the order, payment cannot be processed, or we reasonably suspect fraudulent or unauthorised activity. If we decline or cancel an order after payment has been received, any amount owing to you will be refunded.
Please review your order carefully before submitting it. Requests to change or cancel an order should be made as soon as possible, but we cannot guarantee that changes or cancellations can be accommodated once an order has been accepted or preparation has begun.
For custom or personalised orders, the relevant specifications will be agreed with you in writing before work begins. Once those specifications have been approved in writing and work has commenced, the order cannot be cancelled simply because you change your mind. This does not affect your rights under the Australian Consumer Law.
Returns, refunds and exchanges are handled in accordance with our Returns & Refunds Policy.
SECTION 4 - PRICES AND BILLING
All prices displayed on our online store are in Australian dollars (AUD) unless otherwise stated. Prices, discounts and promotions may change without notice. The price charged for a product will be the price displayed at the time your order is placed and will be shown in your order confirmation.
Prices will be displayed in accordance with applicable Australian pricing requirements. Shipping or delivery charges, where applicable, will be shown separately before you complete your purchase.
Prices or promotions offered through our online store may occasionally differ from those available at markets, events or other sales channels. We may also offer limited promotions or special offers subject to additional terms. Where specific promotional terms apply, those terms will apply to that promotion.
You agree to provide current, complete and accurate information necessary to process your order and payment. You confirm that you are authorised to use the payment method provided for your purchase.
Payment must be successfully processed before an online order is accepted. If there is an obvious pricing or listing error, we may contact you to correct the error or cancel the affected order. If an order is cancelled after payment has been received, any amount owing to you will be refunded.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery timeframes provided by LB & MG are estimates unless expressly stated otherwise. We will make reasonable efforts to prepare and dispatch orders within the timeframes communicated to you.
Delivery may occasionally be affected by circumstances outside our reasonable control, including postal or courier delays, weather, service disruptions or other unforeseen events. If we become aware of a significant delay affecting your order, we will make reasonable efforts to keep you informed and work with you to determine an appropriate solution.
Shipping charges and available delivery options will be shown at checkout where applicable.
Where available, LB & MG may offer collection or market pickup by prior arrangement. Pickup locations, dates and times must be confirmed with LB & MG before collection. An order should not be considered available for market pickup until you have received confirmation from us.
If an order is lost, damaged or otherwise affected during delivery, please contact us so that we can investigate the matter and determine the appropriate next step. Nothing in this section limits your rights under the Australian Consumer Law.
Further information about processing, shipping, delivery and available pickup arrangements can be found in our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
Unless otherwise stated, the original content created for LB & MG and displayed through our Services — including original text, photographs, artwork, graphics, logos and other creative material — is owned by or licensed to LB & MG and is protected by applicable intellectual property laws.
You may access and use our website for your personal, non-commercial use. You must not reproduce, copy, distribute, modify, republish, commercially exploit or otherwise use LB & MG content without our prior written permission, except where permitted by law.
The name Legally Blind & Morally Grey, the LB & MG name and branding, our logos and other distinctive brand elements may be protected by applicable intellectual property and other laws. Nothing in these Terms grants you ownership of, or permission to use, those elements without our prior written consent.
Intellectual property belonging to Shopify or other third parties remains the property of its respective owner.
Nothing in this section restricts any use that cannot lawfully be restricted.
SECTION 7 - OPTIONAL TOOLS
From time to time, our Services may provide access to features, tools or services supplied by third parties. These third-party services are not operated or controlled by LB & MG and may be subject to their own terms, conditions and privacy policies.
If you choose to use a third-party tool or service, you should review the terms and information provided by the relevant third-party provider.
We may also introduce new features, tools or resources through our Services in the future. Unless otherwise stated, those features will form part of the Services and will be subject to these Terms.
Nothing in this section excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to websites, services or content operated by third parties. These third-party websites and services are not operated or controlled by LB & MG and may have their own terms, conditions and privacy practices.
We are not responsible for the content, availability or practices of third-party websites or services simply because we provide a link to them. If you choose to visit or use a third-party website or service, you should review the information and terms provided by that third party.
Any questions, concerns or claims relating specifically to products or services supplied directly by a third party should generally be directed to that provider.
Nothing in this section excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
LB & MG 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 LB & MG. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and LB & MG, 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 LB & MG.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you voluntarily submit a review, comment, suggestion, photograph or other feedback through our Services, you give LB & MG permission to use, reproduce and display that material for reasonable purposes connected with operating, improving and promoting our business and products, including displaying customer reviews or feedback.
You confirm that you have the right to provide any material you submit and that our permitted use of that material will not infringe the rights of another person.
We may remove or decline to publish content that is unlawful, abusive, misleading, defamatory, obscene, infringes another person's rights, contains malicious software or is otherwise inappropriate for our Services.
Material supplied specifically for a custom or personalised order — including personal photographs, artwork, wording, design references or other customer-supplied material — will not be treated as general promotional feedback merely because it has been provided to us for the purpose of completing your order. You confirm that you have the necessary rights or permission to provide any such material for us to use in creating your order.
If we would like to use photographs or other material relating to a custom order for promotional purposes beyond what is reasonably necessary to fulfil your order, we may seek your permission separately where appropriate.
Nothing in this section transfers ownership of a customer's intellectual property to LB & MG unless expressly agreed in writing.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information provided through our Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, delivery information or product availability.
We reserve the right to correct errors or update inaccurate information when reasonably necessary. If an error materially affects an order you have already placed, we may contact you to explain the issue and, where appropriate, offer a correction or cancel the affected order. If an order is cancelled after payment has been received, any amount owing to you will be refunded.
Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.
SECTION 13 - PROHIBITED USES
You may use our Services only for lawful purposes and in accordance with these Terms.
You must not use our Services to engage in unlawful, fraudulent, abusive or malicious activity; infringe the intellectual property or other rights of LB & MG or another person; impersonate another person or entity; transmit false or misleading information; send spam or other unauthorised communications; upload or transmit viruses, malicious code or other harmful material; collect or misuse another person's personal information; interfere with the security or operation of our Services; or attempt to gain unauthorised access to our Services or related systems.
You must not reproduce, extract, scrape, commercially exploit or systematically collect content or data from our Services without our prior permission, except where permitted by law or expressly authorised by us.
We may restrict, suspend or terminate access to our Services where we reasonably believe these Terms have been seriously or repeatedly breached, or where reasonably necessary to protect LB & MG, our customers, Shopify or the security and operation of the Services.
Nothing in this section limits any rights or remedies that cannot lawfully be excluded or restricted.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may restrict, suspend or terminate your access to all or part of the Services where we reasonably believe you have seriously or repeatedly breached these Terms, engaged in unlawful or fraudulent activity, created a security risk, or where termination is otherwise reasonably necessary for the operation or protection of the Services.
Where reasonably practicable, we may provide notice of termination or restriction. Any amounts properly owing in relation to purchases or transactions made before termination will remain payable, subject to your rights under applicable law.
Provisions of these Terms that by their nature are intended to continue after termination — including provisions relating to intellectual property, privacy, liability, governing law and any outstanding rights or obligations — will continue to apply as appropriate.
SECTION 16 - DISCLAIMER OF WARRANTIES
We make reasonable efforts to ensure that information provided through our Services is accurate and current. However, general information provided through the website may occasionally contain errors or become outdated and should not be relied upon where more specific or current information is required.
We do not guarantee that access to our website or online Services will always be uninterrupted, secure or error-free, as availability may be affected by maintenance, technical issues, third-party services or circumstances outside our reasonable control.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
Products purchased from LB & MG remain subject to all applicable consumer guarantees, including guarantees relating to acceptable quality, fitness for any disclosed purpose and correspondence with their description.
SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability under the Australian Consumer Law or any other applicable law where it would be unlawful to do so.
To the extent permitted by law, LB & MG will not be responsible for loss or damage caused solely by circumstances outside our reasonable control, or for loss arising from your misuse of our Services or products contrary to their intended use or any reasonable care instructions provided.
Where the law permits liability to be limited, any limitation will apply only to the extent permitted by applicable law.
Nothing in these Terms is intended to exclude or limit liability where such liability cannot lawfully be excluded or limited.
SECTION 18 - RESPONSIBILITY FOR YOUR CONDUCT
You are responsible for your own unlawful or wrongful use of our Services and for material you provide to LB & MG.
Where you provide photographs, artwork, text, designs or other material for a custom or personalised order, you confirm that you own that material or have the necessary permission for LB & MG to use it for the purpose of fulfilling your order.
To the extent permitted by law, you may be responsible for reasonable loss suffered by LB & MG as a direct result of your unlawful conduct, fraud, material breach of these Terms, or your knowing infringement of another person's rights.
Nothing in this section excludes, restricts or modifies any rights, remedies or liabilities that cannot lawfully be excluded, restricted or modified.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed to the extent necessary, and the remaining provisions will continue to apply.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right under these Terms, that does not necessarily mean that we have waived that right.
These Terms, together with the policies referred to in them and any additional terms expressly agreed between you and LB & MG in connection with a particular order, form the agreement between you and us concerning your use of the Services and your purchase of products from us.
For custom or personalised orders, any specifications, approvals or other terms agreed in writing for that particular order will also form part of the agreement relating to that order.
If there is an inconsistency between these Terms and specific written terms agreed with you for a particular order, the specific written terms will apply to that order to the extent of the inconsistency, subject always to applicable law.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms where doing so would materially affect our rights or obligations without our prior written consent.
LB & MG may transfer or assign its rights and obligations under these Terms as part of a genuine sale, transfer or reorganisation of the business, or where reasonably necessary for the continued operation of the Services, provided that doing so does not reduce any rights or protections you have under applicable law.
Nothing in this section limits any rights or remedies that cannot lawfully be excluded or restricted.
SECTION 22 - GOVERNING LAW
These Terms are governed by the laws of the Australian Capital Territory and the Commonwealth of Australia, as applicable.
Subject to any rights you may have under applicable law to bring proceedings elsewhere, you and LB & MG submit to the jurisdiction of the courts and tribunals of the Australian Capital Territory and any courts entitled to hear appeals from them.
Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law or other applicable law.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We may update these Terms from time to time to reflect changes to our business, our Services, applicable laws or other reasonable operational requirements.
The most current version of these Terms will be available on our website. Where a change is material and applicable law requires notice, we will provide appropriate notice before or when the change takes effect.
Changes to these Terms will apply from the effective date of the updated Terms and will not retrospectively alter rights or obligations relating to an order already accepted, unless required by law or expressly agreed with you.
Your continued use of the Services after updated Terms take effect will be subject to the updated Terms, to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Legally Blind & Morally Grey
Email: legallyblindmorallygrey@gmail.com
Additional business contact information will be provided where required by applicable law.