Terms of Service

OVERVIEW

Welcome to Heaven Melbourne! The terms “we”, “us” and “our” refer to Heaven Melbourne. Heaven Melbourne 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”). Heaven Melbourne 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. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.

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 18 years of age, being the age of majority in your state or territory of residence, and that 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 store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and delivery information. You represent and warrant that all the information you provide in our store 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 licence your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance of any product will exactly match how it is depicted or rendered in our online store. This does not affect the consumer guarantees that apply to our goods under the Australian Consumer Law, including the guarantees that goods will be of acceptable quality and will match their description (sections 54 and 56 of the ACL).

All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. This does not affect orders we have already accepted.

SECTION 3 - ORDERS

The display of products in our online store is an invitation to treat, not a binding offer. When you place an order, you are making an offer to purchase. Heaven Melbourne reserves the right to accept or decline your order for any reasonable cause. Your order is not accepted until Heaven Melbourne confirms acceptance; an automatic acknowledgement of your order is not itself acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Heaven Melbourne may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will notify you using the email address, billing address, and/or phone number provided at the time the order was made, and we will refund any amount you have paid for that order.

Your purchases are subject to change-of-mind return or exchange solely in accordance with our Returns and Refunds Policy . That policy is offered voluntarily and is separate from, and additional to, your rights under the Australian Consumer Law, which are not affected by it.

You represent and warrant that your purchases are for your own personal, domestic or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices are displayed in Australian dollars (AUD) as a single total price, being the minimum amount you will pay, in accordance with section 48 of the Australian Consumer Law. We offer free delivery on all orders, so no delivery charge is added at checkout. We are not currently registered for GST; accordingly, no GST component is charged on your order and we do not issue tax invoices. If this changes, the prices displayed will include GST.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use the payment method for the purchase, (iii) charges incurred by you will be honoured by your card issuer, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by delivery carriers or events outside our reasonable control, but we will supply your order within a reasonable time and will keep you informed of any material delay. Title to and risk of loss in the products pass to you on delivery to the address you have given us.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trade marks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Heaven Melbourne, its affiliates or licensors and are protected by the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth) and other Australian and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as permitted by the Copyright Act 1968 (Cth). Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trade mark, copyright, or other intellectual property of Heaven Melbourne, Shopify or any third party. All rights not expressly granted herein are reserved by Heaven Melbourne.

Heaven Melbourne names, logos, product and service names, designs, and slogans are trade marks of Heaven Melbourne or its affiliates or licensors. You must not use such trade marks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trade marks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trade marks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement, to the extent permitted by law. Nothing in this section excludes any consumer guarantee that applies under the Australian Consumer Law.

Any use by you of the optional tools offered through the site is at your own discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

To the extent permitted by law, we are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterises Shopify's relationship with your store and should not be removed or modified. Delete this bracketed note before publishing.]

Heaven Melbourne 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 Heaven Melbourne. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Heaven Melbourne, including any injury, damage, or loss resulting from purchased products. You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Heaven Melbourne, to the extent permitted by law. This release does not affect any right or remedy you have against us under the Australian Consumer Law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here , and is handled in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Certain personal information may also 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 countries other than Australia, including Belgium and the United States. We take reasonable steps in accordance with Australian Privacy Principle 8 before disclosing personal information to an overseas recipient. Review our Privacy Policy  for more details.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. Your moral rights under the Copyright Act 1968 (Cth) are not affected except to the extent you consent to acts or omissions that would otherwise infringe them. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we reasonably determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trade mark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice. Where an obvious pricing error occurs, we may decline or cancel an affected order before it is accepted, or with your agreement after acceptance, and we will refund you in full. Nothing in this section allows us to mislead you about the price of a product.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any Commonwealth, state, territory or local laws or regulations, or any applicable international laws; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Heaven Melbourne, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website. We may suspend, disable, or terminate your account where you have materially breached these Terms, and we will give you notice and an opportunity to remedy the breach where it is reasonable to do so.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) where you have materially breached these Terms, where we are required to do so by law, or where we cease to operate the Services. We will give you reasonable notice unless it is impractical or unlawful to do so. You will remain liable for all amounts due up to and including the date of termination, and termination does not affect any order we have already accepted or any right or remedy you have under the Australian Consumer Law.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, to the extent permitted by law. Any reliance you place on such general information is at your own risk.

Except as expressly stated by Heaven Melbourne, and subject always to the paragraph below, the Services are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free. Nothing in these Terms excludes, restricts or modifies the consumer guarantees under the Australian Consumer Law, and any term that purported to do so is void under section 64 of the ACL. 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.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, and subject to the paragraph below, neither Heaven Melbourne nor our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, nor those of Shopify and its affiliates, will be liable for any indirect, incidental, special, or consequential loss or damage, including loss of profits, loss of revenue, loss of savings, loss of data or replacement costs, arising from your use of the Services or any products purchased through the Services. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law which cannot lawfully be excluded, including your right to a refund or replacement for a major failure. Where our liability under a consumer guarantee may lawfully be limited, our liability is limited, at our election, to the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of doing any of these. Our total liability to you for any other claim is limited to the amount you paid for the order to which the claim relates.

SECTION 17 - INDEMNIFICATION

You agree to indemnify Heaven Melbourne, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against losses, damages, liabilities or claims payable to any third party, including reasonable legal costs, to the extent they are caused by (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your use of the Services. This indemnity is reduced to the extent that our own negligence, breach or wrongful act contributed to the loss.

We will notify you of any claim to which this indemnity applies. We may control the defence and settlement of such a claim, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate reasonably in the defence of indemnified claims.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written (including any prior versions of the Terms of Service). Nothing in this section limits any liability we have for misleading or deceptive conduct.

These Terms are written in plain language so far as possible. Where a term is genuinely ambiguous, it will be interpreted in the way that a reasonable consumer would understand it, and any remaining ambiguity in a standard form term may be construed against us as the party that prepared it. Terms in a standard form consumer contract that are unfair within the meaning of section 24 of the Australian Consumer Law are void.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, which will not be unreasonably withheld. We may transfer, assign, or delegate these Terms and our rights and obligations to a successor of our business, provided that doing so does not adversely affect your rights under these Terms or under the Australian Consumer Law. We will notify you of any such transfer.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services are governed by the laws of the State of Victoria, Australia. You and Heaven Melbourne submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them, which means you may also bring proceedings in any other Australian court that has jurisdiction, including a court or tribunal in the state or territory where you live. Heaven Melbourne is operated by KN-Investments, a company registered in Belgium, and supplies your order from its warehouse in Victoria, Australia. Regardless of any choice of law, the Australian Consumer Law applies to goods and services supplied to consumers in Australia, and section 67 of the ACL prevents these Terms from excluding its operation.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

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

We may update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Where a change is material and adverse to you, we will give you reasonable advance notice by email or a prominent notice on our website, and the change will take effect on the date specified in that notice. Orders we have already accepted are governed by the version of these Terms in force when the order was placed. Your continued use of the Services following the effective date of any change constitutes acceptance of that change.

SECTION 24 - CONTACT INFORMATION

Store name: Heaven Melbourne

Company name: KN-Investments

Company Address: Botermelkstraat 49, 9400 Ninove, Belgium

Warehouse Address: 41 Whitehall St, Footscray VIC 3011, Australia

Company nr.: 1041.060.121

Phone: +61 8 7534 5710

Email: support@heaven-melbourne.com

Monday to Friday | 9:00 AM – 5:00 PM (AEST/AEDT)

Saturday and Sunday | 9:00 AM – 1:00 PM (AEST/AEDT)

We aim to respond to your inquiries within 24 hours.