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Overview

Welcome to Sheskn. The terms “we”, “us” and “our” refer to Sheskn. Sheskn 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”). Sheskn 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 store 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 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 license your account to any other person.

Section 2 - Our Products

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they may 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 guarantee that individual results, experiences or perception of product performance will be the same for all users.

All descriptions of products are subject to change at any time without notice at our sole 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.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Sheskn reserves the right to accept or decline your order for any reason at its discretion, to the extent permitted by law. Your order is not accepted until Sheskn confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Sheskn 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 attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy and any other applicable store policies.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export unless otherwise agreed by us in writing.

Section 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, prices do not include shipping, duties, taxes, or import charges. International orders may be subject to customs duties or taxes upon arrival, which are the responsibility of the customer.

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 such payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays caused by shipping carriers, customs processing, incorrect customer details, or events outside our reasonable control. All delivery times are estimates only and are not guaranteed.

Risk in the products passes to you upon delivery to the address provided at checkout.

Section 6 - Intellectual Property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Sheskn, its affiliates or licensors and are protected by Australian and foreign copyright, trade mark and other 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 expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Sheskn, Shopify or any third party. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Sheskn.

Sheskn’s names, logos, product and service names, designs, and slogans are trademarks of Sheskn or its affiliates or licensors. You must not use such trademarks without the prior written permission of Sheskn. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks 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.

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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, to the extent permitted by law.

Any use by you of the optional tools offered through the site is entirely at your own risk and 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.

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, to the extent permitted by law. Please review carefully the third-party’s policies and practices 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

Sheskn 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 Sheskn. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Sheskn, including any injury, damage, or loss resulting from purchased products and services, to the extent permitted by law.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy and, where applicable, Shopify’s Privacy Policy. 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.

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. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

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 determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates 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, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous 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. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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, to the extent permitted by law.

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 applicable laws, regulations, rules, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, 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 junk mail, chain letters, 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, as determined by us, may harm Sheskn, 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, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 - Termination

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice, to the extent permitted by law, and you will remain liable for all amounts due up to and including the date of termination.

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

Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

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. Any reliance you place on such information is strictly at your own risk.

Section 16 - Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, Sheskn, its directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for any indirect, incidental, special or consequential loss, including loss of profits, revenue, savings, goodwill or data, arising from your use of the Services or products purchased through the Services.

Section 17 - Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold harmless Sheskn, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of or relating to your breach of these Terms of Service, your misuse of the Services, your violation of any law, or your violation of the rights of any third party.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. You agree to cooperate reasonably in the defence of any such claim.

Section 18 - Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be deemed severed from these Terms to the minimum extent necessary, and that 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 or in respect to the Services 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, between you and us.

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, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations where permitted by law.

Section 21 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, unless applicable law provides otherwise.

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 reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Where required by applicable law, we will notify you of material changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions About These Terms?

Questions about these Terms of Service should be sent to:

info@sheskn.com.au