Terms of service

OVERVIEW

Welcome to Busykitchenette!

The terms “we,” “us,” and “our” refer to Busykitchenette. Busykitchenette operates this online store and website, including all related information, content, features, tools, products, and services, to provide you (the customer) with a curated shopping experience (collectively, the “Services”).

Busykitchenette is powered by Shopify, which enables us to operate our online store and provide these Services to you.

The following Terms of Service (the “Terms”), together with any policies referenced here, outline your rights and responsibilities when using our Services. Please read them carefully, as they contain important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or making a purchase through our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use or access our Services.


SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least 18 years old (the age of majority in Australia) or that you have the legal consent of a parent or guardian to use our Services. You also consent to allow any of your minor dependents to access or use the Services through devices you own, purchase, or manage.

To access or use our Services — including browsing our online store or purchasing our products — you may be required to provide certain details such as your email address, billing information, payment details, and shipping address. You agree that all information you provide is accurate, current, and complete, and that you have the legal right to share it with us.

You are solely responsible for maintaining the confidentiality of your account details and for any activity that occurs under your account. You must not transfer, sell, assign, or share your account with any other person.


SECTION 2 - OUR PRODUCTS AND CUSTOMISATION

We make every effort to display our products and services as accurately as possible in our online store. However, please note that colours and product appearances may vary slightly depending on your device, screen settings, and lighting conditions.

We do not guarantee that the appearance, finish, or quality of any product will exactly match the images shown online or meet every individual expectation. Product descriptions, pricing, and availability are subject to change at any time without notice, at our sole discretion. We also reserve the right to discontinue or limit quantities of any products offered to any person, region, or jurisdiction.

Some of our products can be customised with the name or text provided by you. Please ensure that the spelling and details you submit are correct, as we create each custom order based on the information provided. The font style, size, and placement may vary slightly from product photos depending on the length or layout of the name. Minor variations are normal and part of the handmade/custom process.


SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase the selected products. Busykitchenette reserves the right to accept or decline any order at our sole discretion. Your order will not be confirmed until payment has been received and processed, and we have sent you an order confirmation.

Please review your order carefully before submitting, as we may be unable to cancel or change your order once it has been accepted and processing has begun. If we are unable to accept, modify, or must cancel an order, we will notify you using the email address, billing address, or phone number provided at checkout.

All purchases are subject to our Refund Policy, which outlines the terms for returns and exchanges.

By completing a purchase, you confirm that the products are for your personal or household use only and not for resale or export.



SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price you are charged for a product or service will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import fees.

Prices in our online store may differ from those in physical stores or other online stores operated by third parties. From time to time, we may offer promotions or special offers that are subject to separate terms and conditions. In the event of any conflict between promotion terms and these Terms, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions. You must promptly update your account information, including email address, credit card numbers, and expiration dates, so we can process your orders and contact you if needed.

You represent and warrant that:

The payment information you provide is true, correct, and complete.

You are authorized to use the payment method provided for the purchase.

All charges incurred will be honoured by your financial institution.

You will pay all charges at the posted prices, including shipping, handling, and any applicable taxes.

 

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

All content and materials available through our Services  including text, images, graphics, videos, product photos, designs, and layouts are the property of Busykitchenette or are used with permission. These materials are protected by copyright and other intellectual property laws in Australia and internationally.

You may use our Services and their content for your personal, non-commercial purposes only. You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publish, or transmit any content from our Services without our written consent.

Except as expressly stated in these Terms, nothing grants you any right or licence to use any content owned or controlled by Busykitchenette, Shopify, or any third party. Any unauthorised use of our content may violate intellectual property laws.

The Busykitchenette name and any related visuals, designs, or content used on our site are part of our brand identity and may not be used without permission. Shopify’s name, logo, and related marks are the property of Shopify Inc. 

SECTION 7 - OPTIONAL TOOLS

From time to time, you may be given access to tools or services provided by third parties as part of our Services. Busykitchenette does not monitor, control, or influence these third-party tools, and we provide access to them strictly “as is” and “as available”, without any warranties, guarantees, or endorsements.

You acknowledge and agree that your use of any optional third-party tools is entirely at your own risk, and we shall not be liable for any loss, damage, or issues arising from such use. Before using any third-party tool, you should review and understand the terms and conditions set by the relevant provider.

We may also introduce new features, tools, or resources through the Services in the future. Any such new features will be considered part of the Services and are subject to these Terms of Service.



SECTION 8 - THIRD-PARTY LINKS

Our Services may include materials or links to websites operated by third parties, including embedded third-party functionality. Busykitchenette does not review, monitor, or guarantee the accuracy, reliability, or completeness of any third-party content or websites you may access.

If you choose to leave our Services to visit third-party websites, you do so at your own risk. We are not responsible or liable for any loss, damage, or harm resulting from your use of these websites, or from any purchase or use of products, services, resources, or content provided by third parties.

We strongly recommend that you carefully review the policies, terms, and practices of any third-party website before engaging in any transaction. Any complaints, claims, or questions regarding third-party products or services should be directed to the relevant third-party provider



SECTION 9 - RELATIONSHIP WITH SHOPIFY 

BUSYKITCHENETTE is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases are made directly with BUSYKITCHENETTE.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of your transactions with BUSYKITCHENETTE, including any injury, damage, or loss resulting from products or services purchased.

You expressly release Shopify and its affiliates from all claims, damages, or liabilities arising from or related to your purchases and transactions with BUSYKITCHENETTE.



SECTION 10 - PRIVACY POLICY

All personal information collected through our Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using our Services, you acknowledge that you have read and understood these privacy policies.

Because our Services are hosted by Shopify, Shopify may collect and process personal information about your use of the Services in order to provide, operate, and improve the Services for you. Information you submit may be transmitted to Shopify and to third-party service providers, including those located in countries outside of your place of residence, to enable us to deliver our Services.

Please review our Privacy Policy for more details on how Busykitchenette, Shopify, and our partners collect, use, and protect your personal information.


SECTION 11 - FEEDBACK AND USER CONTENT

If you submit, upload, post, email, or otherwise provide any ideas, suggestions, reviews, or other content (collectively, “Feedback”) to Busykitchenette, you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. This may include operating, improving, promoting, or enhancing our Services.

You represent and warrant that:

  1. You own or have the necessary rights to the Feedback.
  2. You have disclosed any compensation or incentives received in connection with the Feedback.

  3. Your Feedback complies with these Terms.

We are under no obligation to:

. Keep your Feedback confidential.

. Pay you for your Feedback.

. Respond to your Feedback.

We may, but are not required to, monitor, edit, or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. Feedback must not contain libelous, unlawful, abusive, or obscene content, or any viruses, malware, or harmful code. You must not provide false information, impersonate someone else, or mislead us or third parties regarding the origin of the Feedback.

You are solely responsible for the Feedback you provide and its accuracy. Busykitchenette takes no responsibility and assumes 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).

SECTION 13 - ACCEPTABLE USE  AND PROHIBITED USES

You may access and use our Services for lawful purposes only. You must not, directly or indirectly:

  1. Use the Services for any unlawful, malicious, or fraudulent purpose.
  2. Violate any Australian or international laws, regulations, or local rules.

  3. Infringe or violate the intellectual property rights of Busykitchenette or any third party.

  4. Harass, abuse, threaten, defame, slander, or otherwise harm any person.

  5. Transmit false, misleading, or deceptive information.

  6. Upload, download, or otherwise use any content that violates these Terms.

  7. Send or facilitate the sending of unsolicited promotional material, including spam, chain letters, or junk mail.

  8. Impersonate any person or entity or misrepresent your affiliation.

  9. Engage in any conduct that restricts or inhibits others from using or enjoying the Services, or that may harm Busykitchenette, Shopify, or other users.

Additionally, you agree not to:

  1. Upload or transmit viruses, malware, or any harmful code that may affect the Services.
  2. Reproduce, duplicate, copy, sell, resell, or exploit any part of the Services without permission.

  3. Collect or track personal information of other users without consent.

  4. Use automated methods such as scraping, crawling, phising, or spamming.

  5. Interfere with or circumvent security features of the Services, other websites, or the Internet.

SECTION 14 - TERMINATION 

Busykitchenette may, at its sole discretion, terminate these Terms or your access to the Services (or any part of them) at any time, without notice. You remain responsible for any payments or obligations incurred up to the date of termination.

Certain provisions of these Terms will survive termination, including but not limited to: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, are intended to continue after termination.


SECTION 15 - DISCLAIMER OF WARRANTIES

The information provided on or through our Services is for general information purposes only. We do not guarantee the accuracy, completeness, or reliability of this information. Any reliance you place on such information is at your own risk, and Busykitchenette disclaims all liability for any loss, damage, or consequences arising from your use of this information.

Except as expressly stated by Busykitchenette, the Services and all products offered through the Services are provided “as is” and “as available”, without any warranties, representations, or conditions of any kind, whether express or implied. This includes, but is not limited to, any implied warranties of:Merchantability or merchantable quality, Fitness for a particular purpose, Durability, Title, Non-infringement

We do not guarantee that your use of the Services will be uninterrupted, secure, timely, or error-free. Some Australian laws or regulations may not allow the exclusion of certain implied warranties, so some of the above disclaimers may not apply to you.


SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Busykitchenette, along with our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation:Lost profits, revenue, or savings, Loss of data or content, Replacement costs OR Any other similar losses or damages

This limitation applies whether the claim arises from contract, tort (including negligence), strict liability, or any other legal theory, and includes any claims related to:

. Your use of the Services or any products purchased through the Services

. Any errors, omissions, or inaccuracies in content

.Any loss or damage resulting from the use of content, products, or Services

Even if Busykitchenette or its partners have been advised of the possibility of such damages, this limitation applies. Some Australian laws may not allow the exclusion of certain types of liability, so some of these limitations may not apply to you.


SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Busykitchenette and Shopify (including their service providers and licensors) from any losses, damages, liabilities, or claims, including reasonable legal costs, arising from:

1. Your breach of these Terms of Service or any documents they incorporate.

2. Your violation of any law or the rights of a third party.

3. Your access to or use of the Services.

We will notify you of any claim for which indemnification may apply. A delay in notification does not relieve you of your obligations unless it materially prejudices you. We may control the defense and settlement of such claims at your expense, including the choice of legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which will not be unreasonably withheld). You agree to cooperate in the defense of any indemnified claim, including by providing relevant documents and information.


SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the unenforceable part will be considered severed from these Terms. The remaining provisions will continue to be valid and enforceable in full.


SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of Busykitchenette to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or rules posted on this site or in relation to the Services, constitute the entire agreement between you and Busykitchenette. They govern your use of the Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, including any previous versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the party that drafted them.



SECTION 20 - ASSIGNMENT

You may not transfer, delegate, or assign these Terms of Service or any of your rights or obligations under them without our prior written consent. Any attempt to do so will be null and void.

Busykitchenette may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.


SECTION 21 - GOVERNING LAW

These Terms of Service, along with any separate agreements under which we provide you Services, shall be governed by and construed in accordance with the laws of Australia, where Busykitchenette is headquartered.

You and Busykitchenette agree to submit to the exclusive jurisdiction of the courts in Victoria for any disputes arising out of or relating to these Terms or the Services.


SECTION 22 - CHANGES TO TERMS OF SERVICE

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

Busykitchenette reserves the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website periodically for any changes.

We will notify you of any material changes in accordance with applicable law. Such changes will take effect on the date specified in the notice. Your continued use of, or access to, the Services after any changes are posted constitutes your acceptance of those changes.



SECTION 23 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at busykitchenette.store@gmail.com.