Terms of Service

This website is operated by Ella & Rose Sydney. Throughout the site, the terms "we", "us" and "our" refer to Ella & Rose Sydney. By visiting our website and/or purchasing something from us, you agree to be bound by the following Terms of Service.

Section 1 - Terms of Online Store Usage

By agreeing to these Terms of Service, you confirm that you are at least 18 years of age or have the consent of a parent or legal guardian to use our website and make purchases.

You may not use our products for any illegal or unauthorised purpose, nor may you violate any applicable laws in your jurisdiction while using the Service. You must not transmit any viruses, worms, or destructive code. Any violation of these Terms may result in termination of your access to the Service.

Section 2 - General Conditions

We reserve the right to refuse service to anyone, for any lawful reason, at any time.

You understand that your content (excluding payment information) may be transferred over various networks. Payment information is encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We make reasonable efforts to ensure that the information on this website is accurate, complete, and current.

The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.

We reserve the right to modify the contents of this site at any time. Nothing in this section excludes any rights or guarantees provided under Australian Consumer Law.

Section 4 - Changes to Services and Prices

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service or any part of it at any time, subject to applicable laws and existing contractual obligations.

All prices are displayed in Australian Dollars (AUD), unless otherwise stated. Applicable taxes and additional charges will be disclosed where required by law.

Section 5 - Products or Services

Certain products may be available exclusively online through our website.

We have made every effort to display product images and colours as accurately as possible. However, actual colours may vary depending on your screen settings.

All products are shipped directly from our supplier in China.

Customers may be responsible for customs duties, taxes, or import fees imposed by Australian authorities, where applicable. Any such charges will be handled in accordance with applicable Australian laws and disclosure requirements.

Product availability, descriptions, and pricing may change from time to time.

All products are subject to the consumer guarantees provided under Australian Consumer Law.

Section 6 - Billing and Account Information

We reserve the right to refuse or cancel orders for legitimate reasons, including suspected fraud, incorrect pricing, or product unavailability, subject to applicable consumer laws.

You agree to provide current, complete, and accurate billing and account information for all purchases made through our store.

If an order is cancelled after payment has been processed, any refund due will be issued in accordance with applicable law.

Section 7 - Optional Tools

We may provide access to third-party tools over which we have no control.

Your use of such tools is subject to the applicable third-party terms and conditions.

We are not responsible for third-party services except where liability cannot lawfully be excluded.

Section 8 - Third-Party Links

Our website may contain links to third-party websites.

We are not responsible for the content, policies, or practices of those websites.

We encourage customers to review the terms and privacy policies of any third-party websites they visit.

Section 9 - Comments and User Submissions

If you submit comments, suggestions, reviews, or other materials, you grant us a non-exclusive, royalty-free licence to use, reproduce, edit, and publish those materials for legitimate business purposes.

You confirm that your submissions do not infringe the rights of third parties or violate applicable laws.

We reserve the right to remove content that is unlawful, offensive, misleading, or otherwise inappropriate.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

We handle personal information in accordance with applicable Australian privacy legislation and our published Privacy Policy.

Section 11 - Errors, Inaccuracies, and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping costs, transit times, and availability.

We reserve the right to correct such errors and update information where appropriate.

Any changes affecting existing orders will be handled in accordance with applicable consumer protection laws.

Section 12 - Prohibited Uses

You may not use the site for any unlawful purpose, including violating intellectual property rights, uploading malicious code, harassment, discrimination, fraudulent activity, or interfering with the security and operation of our website.

We reserve the right to restrict or terminate access where these Terms are violated.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We aim to provide accurate information and reliable services. However, we do not guarantee that access to our website will always be uninterrupted, timely, secure, or error-free.

To the maximum extent permitted by law, we exclude liability for losses arising from the use or unavailability of our website where such liability may lawfully be excluded.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies available under the Australian Consumer Law or any other applicable legislation.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Customers may be entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage. Customers may also be entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Section 14 - Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Ella & Rose Sydney, its affiliates, employees, agents, and contractors from claims arising directly from your unlawful use of the website or material breach of these Terms.

This provision does not limit any rights or remedies available to you under Australian Consumer Law and does not apply to losses caused by our own unlawful conduct.

Section 15 - Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be considered severable.

The remaining provisions will remain valid and enforceable to the extent permitted by law.

Section 16 - Termination

These Terms remain effective unless and until terminated by either you or us.

If you violate any provision of these Terms, we may suspend or terminate your access to our website.

Termination does not affect any rights or obligations that arose before termination, including applicable consumer rights.

Section 17 - Entire Agreement

These Terms of Service, together with our Privacy Policy, Shipping Policy, Refund Policy, and any other policies expressly incorporated into these Terms, constitute the agreement between you and Ella & Rose Sydney regarding your use of our website and purchases.

Nothing in this agreement limits any rights that cannot lawfully be excluded under Australian law.

Section 18 - Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Australia, including applicable provisions of the Australian Consumer Law.

Nothing in these Terms restricts any mandatory consumer protection rights available under applicable law.

Section 19 - Changes to Terms of Service

We reserve the right to update these Terms of Service by posting changes on this page.

Changes will take effect when published unless otherwise stated.

Material changes affecting existing purchases will be handled in accordance with applicable laws and contractual obligations.

Your continued use of the website following the publication of updated Terms constitutes acceptance of those changes to the extent permitted by law.

Section 20 - Contact Information

Questions about these Terms of Service should be sent to:

Email: info@ellarosesydney.com

Store: Ella & Rose Sydney