Terms of service

Terms Of Service – Her Sapphire

General Information

Welcome to Her Sapphire’s website. We operate and maintain this platform with the aim of delivering a smooth, valuable experience to every visitor. Throughout this document, the terms “we,” “us,” and “our” refer specifically to Her Sapphire.
By visiting this website and engaging with its features, you acknowledge that you have read, understood, and agreed to the terms, policies, and notices outlined here.
Whether you’re browsing our site or making a purchase, you are using what we call our Service. By doing so, you agree to comply with these Terms and Conditions—also referred to as the “Terms of Service” or simply “Terms.” This agreement includes not only the terms stated here but also any additional policies or rules referenced or linked throughout the site.
These Terms apply to everyone who interacts with our website—whether you’re just exploring, shopping, uploading content, selling items, or using any of our tools and resources. All users must follow the same rules and responsibilities under this agreement.
Before accessing or using any part of our website, we encourage you to carefully review these Terms of Use. Your continued use of the site constitutes full acceptance of these Terms. If you do not agree with any portion of this agreement, please refrain from using our website or services.
As we grow and introduce new features or services, these additions will automatically be covered under this agreement. To keep you informed, the latest version of our Terms and Conditions will always be available here. We reserve the right to update or modify these terms at any time by posting the revised version on this page.
Our online store is powered by Shopify Inc., a leading e-commerce platform that helps us provide you with a secure, reliable, and user-friendly shopping experience.

1. Service Access & Usage Guidelines
We maintain the right to decline service to anyone, at any time, and for any reason we consider appropriate.
Please be aware that any content you share through our platform—excluding credit card details—may be transmitted without encryption. This transfer could involve:
Routing through multiple networks, and
Adjustments to meet the technical requirements of connected systems or devices.
However, rest assured: your credit card information is always encrypted during transmission over networks to ensure your data remains secure.
You also agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any aspect of the Service—whether it's the service itself, your access to it, or communication with our team—unless you have received our explicit written permission to do so.
Finally, please note that the section headings throughout this agreement are included purely for convenience. They do not limit or influence the interpretation of the terms outlined in any way.

2. Online Store Usage Guidelines
By using our website and services, you confirm that you meet the legal age requirements of your region. Specifically, you must either be the age of majority in your state or province of residence, or you must have obtained permission from a legal guardian to allow your minor dependents to access and use this site.
Use of our products or services must always be lawful. Engaging in any illegal or unauthorized activity while using our platform is strictly prohibited. This includes—but is not limited to—violations of intellectual property laws such as copyright infringement.
Additionally, our platform must remain safe and secure for all users. You are not permitted to upload, transmit, or introduce any viruses, worms, malicious code, or harmful software of any kind.
Please be aware that any breach of these terms—whether involving misuse of the service, illegal activity, or any violation of the outlined rules—will result in the immediate termination of your access to our services.

3. Information Accuracy & Site Content Disclaimer
While we aim to keep the information on our website helpful and up to date, we do not guarantee that everything you find here is always accurate, complete, or current. The materials provided are meant for general informational purposes only and should not be solely relied upon when making important decisions. For any crucial matters, we strongly encourage you to consult original sources that are more reliable, complete, or updated.
Some of the content you come across on our site may include historical information. Naturally, this type of content is not reflective of current events or developments and is presented only for reference purposes.
Although we reserve the right to update or change any part of the website at our discretion and without notice, we are not obligated to keep information current. By using this site, you acknowledge that it is your responsibility to stay informed of any updates or modifications made to our content.

4. Changes to Pricing and Service Availability
Please note that our product prices may change at any time, without prior notice.
We reserve the right to update, adjust, or entirely discontinue any aspect of our services—including specific features, content, or product offerings—at our sole discretion and without advance notice.
By using our platform, you acknowledge and accept that we are not responsible for any impact these changes may have on you or any third party. This includes, but is not limited to, pricing adjustments, service interruptions, or the removal of products or content from our site.

5. Availability and Representation of Products & Services
All products or services featured on our website are offered exclusively through our online store. These items may be available in limited quantities and are eligible for return or exchange only in accordance with our official Refund Policy.
We strive to present our products as accurately as possible, including their colors and imagery. However, due to variations in device screens and display settings, we cannot guarantee that the colors shown on your monitor will precisely match the actual product.
We reserve the right—but are not obligated—to restrict the sale of our products or services to specific individuals, regions, or jurisdictions. Such limitations may be applied at our sole discretion and on a case-by-case basis.
Additionally, we may limit the quantity of any product or service available for purchase. All product descriptions and pricing details are subject to change at any time without prior notice, and we retain the right to discontinue any product without obligation.
Please note that any promotional offer or product listing made on this website may be deemed void where prohibited by law.
Lastly, while we aim to deliver high-quality products and services, we do not guarantee that any item, service, or information you purchase or obtain through our platform will meet your personal expectations. We also do not promise that any errors within the service will be corrected.

6. Order Processing & Account Information Accuracy
We reserve the right to decline or cancel any order placed with us, at our sole discretion. In certain situations, we may impose limits on the quantity of items purchased per individual, household, or order. These restrictions can apply to orders that share common factors such as the same customer account, credit card, billing address, or shipping address.
If your order is modified or canceled, we may attempt to notify you using the contact details you provided at checkout—this may include your email address, billing address, or phone number.
We also reserve the right to reject any order that, in our judgment, appears to be made by a dealer, reseller, or distributor. This is to protect the integrity of our sales and prevent unauthorized commercial activity.
To ensure a smooth checkout process, you agree to provide accurate, complete, and up-to-date billing and account information for every purchase made through our store. This includes promptly updating your payment details, such as credit card numbers and expiration dates, along with your email and billing address, so that we can complete transactions and reach you when necessary.

7. Use of Third-Party Tools and Future Features
At times, we may offer access to tools or functionalities provided by third-party services. Please note that these tools are made available without our oversight, control, or involvement.
By using these tools, you acknowledge and agree that they are provided strictly “as is” and “as available,” without any warranties, guarantees, or endorsements from us. We are not liable for any issues, damages, or consequences that may arise from your use of such third-party tools.
Your decision to use any optional tools offered through our site is done entirely at your own risk and discretion. It is your responsibility to review and accept the terms and conditions set forth by the third-party provider(s) before engaging with their tools or services.
Additionally, we may introduce new features, tools, or services on the website in the future. These enhancements—including newly released resources—will also fall under the scope of these Terms of Service.

8. Third-Party Content and External Website Links
From time to time, our Service may present content, products, or services that are provided by third parties.
You may encounter links on our website that redirect you to external websites not operated or affiliated with us. Please note that we do not monitor or assess the accuracy, quality, or content of these third-party sites, and we disclaim all responsibility and liability for any third-party websites, materials, products, or services.
Any purchases, usage, or interactions involving third-party content or services are conducted solely between you and the respective third-party provider. We strongly advise reviewing their terms, policies, and practices carefully before completing any transactions. Any concerns, disputes, or inquiries regarding third-party products or services should be directed to the relevant third party.

9. Contributions, Ideas, and Public Input
By choosing to share content with us—whether it's as part of a contest, a suggestion for improvement, or simply a creative idea you’ve sent voluntarily—you acknowledge and agree that we have full permission to use, adapt, publish, translate, and distribute your submissions in any format, without limitations or obligations to you.
We are not required to:
Keep your contributions private,
Compensate you in any way, or
Provide a response to your message.
We reserve the right—but not the obligation—to review and moderate any content submitted by users. If we believe any content is inappropriate, harmful, offensive, misleading, or violates intellectual property rights or our terms, we may remove or modify it at our discretion.
When submitting content, you confirm that your contribution:
Does not infringe on the rights of others (including intellectual property, privacy, and personal rights),
Does not contain any illegal, threatening, harassing, obscene, or harmful material,
Is free of viruses or malicious code that could disrupt our systems or services.
You agree to represent yourself honestly—using your real identity and contact information—and to take full responsibility for anything you submit. We are not accountable for any user-generated content shared by you or by others.

10. Handling of Your Personal Data
Any personal details you provide while using our store—whether during account creation, checkout, or other interactions—are collected, stored, and used in accordance with the terms outlined in our Privacy Policy.
To understand how we manage, protect, and use your personal information, please refer to our Privacy Policy, which governs all such data submissions. By using our services, you agree to the practices described therein.

11. Content Accuracy and Updates
From time to time, our website or services may contain unintentional mistakes such as typographical errors, outdated details, or missing information. These may appear in areas like product descriptions, pricing, promotions, offers, shipping fees, delivery times, and product availability.
We reserve the right to identify and correct such errors, update content, or modify any information—without advance notice—even after an order has been placed. This includes the authority to cancel or adjust orders if any part of the provided information is found to be inaccurate or incomplete.
Unless required by applicable law, we are not obligated to routinely revise or clarify details on our website or service, including pricing or availability. Any visible update or published date should not be interpreted as confirmation that all information has been recently reviewed or changed.

12. Unacceptable Uses of Our Website and Services
Beyond the restrictions already outlined in our Terms of Service, the following activities are strictly forbidden when using our site, services, or any associated content:
You must not use our platform:
(a) For any illegal or unauthorized purpose.
(b) To encourage or facilitate others in carrying out unlawful actions.
(c) In violation of any applicable local, national, or international laws, rules, or regulations.
(d) To infringe upon our intellectual property rights or those belonging to any third party.
(e) To engage in behavior that is threatening, harassing, abusive, defamatory, discriminatory, or otherwise harmful—including actions based on race, gender, age, religion, sexual orientation, ethnicity, national origin, or disability.
(f) To provide or share any false, misleading, or deceptive information.
(g) To transmit or upload viruses, malware, or any malicious code that could disrupt or impair the functionality of our Service, related websites, other users’ devices, or the wider internet.
(h) To collect, monitor, or misuse the personal data of others without consent.
(i) To engage in unsolicited marketing, phishing, spoofing, pretexting, web crawling, scraping, or similar activities.
(j) To promote or distribute obscene, offensive, or otherwise immoral content.
(k) To interfere with or attempt to bypass the security or access controls of our Service, related systems, or any connected networks.
We maintain the right to suspend or permanently terminate your access to our services or site if you engage in any of these prohibited actions.

13. Service Availability, Warranties, and Limitation of Liability
We strive to provide a reliable and consistent experience, but we do not make any promises or guarantees that your access to our services will be uninterrupted, secure, timely, or error-free.
We also make no assurance that any results obtained from using our services will be accurate, consistent, or dependable.
You understand and agree that we may, at our discretion, suspend or terminate access to our services at any time and for any duration—without prior notice.
Your use of the service, or your inability to use it, is entirely at your own risk. Unless specifically stated otherwise, all services and products made available through our platform are provided “as is” and “as available,” without any express or implied warranties or conditions. This includes, but is not limited to, any implied warranties of merchantability, satisfactory quality, suitability for a particular purpose, durability, title, or non-infringement.
Under no circumstances shall Her Sapphire—or any of its directors, officers, employees, contractors, agents, affiliates, interns, suppliers, service partners, or licensors—be held liable for any form of damage, loss, or injury. This includes direct, indirect, incidental, punitive, special, or consequential damages such as, but not limited to: lost profits, lost revenue, data loss, replacement costs, or any similar losses arising from the use of our service or any product purchased through it. This applies regardless of the nature of the claim—whether based in contract, negligence, strict liability, or otherwise—even if we have been advised of the potential for such damages.
This limitation also extends to claims involving content inaccuracies, omissions, or any loss or damage incurred through the use of content, services, or products made available via the platform.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages. In such cases, our liability will be limited to the fullest extent legally permitted in that jurisdiction.

14. Your Obligation to Defend and Indemnify Us
By accessing or using our services, you agree to assume full responsibility for your conduct and to indemnify, defend, and hold harmless Her Sapphire, along with our parent company, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors, service providers, licensors, suppliers, interns, and subcontractors, against any claims, demands, liabilities, or legal proceedings initiated by any third party.
This obligation includes covering all resulting costs, damages, losses, and reasonable legal fees that may arise from:
Your breach of these Terms of Service or any associated agreements or policies;
Your violation of any applicable local, national, or international laws or regulations;
Your infringement upon the rights—legal, intellectual, or otherwise—of another individual or entity.
In simple terms, if your actions create legal or financial consequences for us, you agree to cover the costs and assist in our defense.

15. Partial Invalidity and Continued Effect
If any part of these Terms of Service is found to be illegal, invalid, or unenforceable under applicable law, that specific part will be limited or removed to the minimum extent necessary. The remaining provisions will continue to be fully valid and enforceable.
In other words, even if one section cannot be applied, it will not impact the effectiveness or enforceability of the rest of these Terms.

16. Ending This Agreement
The responsibilities and liabilities that both you and we have incurred before the termination date will continue to apply even after this agreement ends.
These Terms of Service remain in effect until either you or we decide to end them. You may terminate your agreement with us at any time by informing us that you no longer wish to use our services or by simply discontinuing your use of our website.
We also reserve the right to terminate this agreement immediately, without prior notice, if we believe you have violated or may be violating any part of these Terms. In such cases, you will still be responsible for any outstanding fees or obligations up to the date of termination. Additionally, we may restrict or revoke your access to our services, in whole or in part.

17. Complete Agreement and Waiver
Our decision not to enforce or exercise any right or provision within these Terms of Service does not mean we waive that right or provision in the future.
These Terms of Service, along with any related policies or guidelines we publish on this site or in connection with our Service, represent the full and exclusive agreement between you and us. They govern your use of the Service and replace all previous agreements, discussions, or proposals—whether verbal or written—including any earlier versions of these Terms.
If any part of these Terms is unclear or open to interpretation, such ambiguity will not be interpreted against the party that drafted them.

18. Applicable Law
These Terms of Service, along with any other agreements related to the services we provide you, will be governed by and interpreted under the laws of Australia.

19. Updates to These Terms
The latest version of our Terms of Service is always available on this page for your review. We reserve the right to modify, update, or replace any part of these Terms at our sole discretion by posting the revised version on our website.
It is your responsibility to periodically visit this page to stay informed about any changes. By continuing to access or use our website and Services after updates are posted, you agree to accept and be bound by the revised Terms.

20. How to Reach Us
If you have any questions or concerns about these Terms of Service, please feel free to contact us at:
Her Sapphire
support@hersapphire.com.au
We’re here to help and happy to assist you with any inquiries regarding our terms or services.