Terms of Service
Aester & Pearl operates this website. The terms “we” “us” and “our” refer to Aester & Pearl. Aester & Pearl offers this website, information, and directly related services to you on the condition that you accept all of the conditions, terms, policies, and notices outlined in this clause.
By accessing our website and making a purchase from Aester & Pearl, you are engaging with our “Service”. By doing so, you agree that you have read, understood, and agree to be bound by the following terms and conditions.
This Terms of Service clause is applicable to any and all users of our website, including but not limited to those who are browsing, customers, merchants, and vendors. At any time and for any reason, Aester & Pearl may make changes or updates to these terms and conditions. Any changes will be alerted in the “Last Updated” date specified at the top of this clause and by noting them on our website. As a user of our website, you are responsible for periodically checking our Terms of Service for any updates or changes. Your continued use and access of our website after the date such revised terms and conditions are posted deems that you are aware of and accept the new Terms of Service.
The Aester & Pearl store is hosted by Squarespace. Squarespace provides us with the online e-commerce platform from which we sell our products and Services to you. You are prohibited from using any of our products in an illegal or unauthorised purpose. In the use of Aester & Pearl’s Service, you must not violate any laws in your jurisdiction, including but not limited to copyright laws.
Section 1: Terms of online store
By agreeing to Aester & Pearl’s Terms of Service, you confirm that you are at least the age of the majority of residents in your state and that you have given us your consent to allow any of your minor dependents to use the Aester & Pearl site.
You must not transmit any form of code or virus that is destructive in nature. Any breach or violation of these terms will result in the immediate termination of your access to our Services.
Section 2: General conditions
Aester & Pearl reserves the right to refuse our Service to anyone for any reason at any time. In agreeing to these Terms and Conditions, you understand that the content you provide us (not including credit card information) may be transferred unencrypted and will potentially involve a) the transmission of content via various networks and b) changes to adapt and conform technical requirements of connecting networks and/or devices. Credit card information is always encrypted when transferred via connecting networks.
You agree that you must not duplicate, copy, reproduce, sell nor resell any part of the Service we provide, use of the Service, or access to the Service or any contact on our website through which the Service is provided. You must strictly obtain written permission directly from us in order to do so. The headings utilised in this page are included in summary and for convenience only - they do not limit or otherwise affect the terms and conditions outlined.
Section 3: Accuracy, completeness, and timeliness of information
Aester & Pearl is not responsible for any incomplete, inaccurate, or out-of-date information on this site. The information provided is to be considered general only and any reliance on such information shown on this site is at your own risk. Historical information may be contained on this site. As such information is not current, it is provided for your reference only. Aester & Pearl reserves the right to change any content on our site at any time. However, we are not obliged to update any information on our site. As a user of this site, you agree that it is your responsibility to monitor any modifications we make on our site.
Section 4: Changes to prices and services
Our product prices are subject to change and may occur without notice. We may modify or discontinue the Service (in part or full) without notice and at any time. Aester & Pearl shall not be liable to you or any third party for any price changes, suspension, or discontinuation of a Service.
Section 5: Products or services
Our products and services are exclusively available online, with the exception of occasional pop-up stores. Our products may have limited quantities. Returns or exchanges of any of our products are in accordance with Aester & Pearl’s Refund & Exchanges policy. See www.aesterandpearl.com.au/refunds-exchanges. We have done our due diligence to ensure that our products are displayed as accurately as possible, with regard to colours and images. Aester & Pearl cannot guarantee that your computer or other electronic device screen’s colour display will be accurate when viewing our website and products.
Aester & Pearl reserves the right, though is not obliged to, limit the availability of our products and services to any person, geographic location, or jurisdiction. We also reserve the right to limit the available quantities of our products and services. Product pricing and descriptions are subject to change without notice at any time at Aester & Pearl’s sole discretion. We reserve the right to discontinue any product or service at any time. Offers for any products or Services that we sell are void where prohibited.
Aester & Pearl does not warrant that the quality of our information, products, Services or other material purchased by you will meet you expectations. Nor will we warrant that any errors in the Services will be corrected.
Section 6: Accuracy of billing and account information
Aester & Pearl reserves the right to refuse any order that you place with us. In our sole discretion, we may cancel or limit quantities purchased per person or per order. These restrictive measures may include but are not limited to orders placed by or under the same customer account, the same credit card, and/or orders that utilise the same billing and/or shipping address. If we need to make a change or cancel your order, we will attempt to notify you via e-mail, phone number and/or the billing address you provided when you placed your order with us. We reserve the right to limit or prohibit orders that, based on our sole judgement, appear to be placed by dealers, resellers, or distributors.
By purchasing a product or Service from our website, you agree to provide accurate, current and complete purchase and account information. Such information includes your e-mail address, credit card numbers and expiry dates so that we can complete your transactions and contact you with regards to your order if and when necessary. See www.aesterandpearl.com.au/refunds-returns.
Section 7: Optional tools
In purchasing our products and/or Services, we may provide you with access to tools from third parties which we have no input, monitoring abilities, or control over. As a customer, you acknowledge and accept that Aester & Pearl provides access to third-party tools “as is” and “as available” without conditions, representations, or warranties of any kind and without endorsement. Aester & Pearl has no liability whatsoever relating to your use of optional third-party tools. Any use of such tools offered through our site is completely at your own discretion and risk. Aester & Pearl strongly urges you to approve and familiarise yourself with the terms of tools provided by third-party providers.
In the future, we may offer new features or Services through the Aester & Pearl site, such as the release of new resources and tools. These future offerings shall also be subject to the same terms outlined in the Terms of Service.
Section 8: Third-party links
Some content, products or Services available on our site may include third-party materials. Third-party links may direct you to third-party sites that Aester & Pearl has no affiliation with whatsoever. Aester & Pearl is not responsible for analysing nor evaluating the content or accuracy of such third-party sites or materials. We do not warrant nor are we liable for harm or damages related to the purchase or use of goods, materials, content, resources or Services or any other transactions made in connection with third-party providers. Aester & Pearl strongly urges you to carefully review and ensure you understand the the policies and practices of third-party providers prior to making a transaction with them. Any questions, claims, complaints or concerns regarding such third-party matters must be directed to the third-party.
Section 9: Comments, feedback, and other submissions
If you send certain specific submissions (e.g. competition entries) at our request, or if you send creative suggestions, ideas, proposals, plans or material alike to us without our request, whether online, via email, via post or other means (e.g. as a collective, social media comments) you agree that we may, at any time and without restriction, copy, edit, publish, distribute, translate and otherwise use in any medium and comments that you send to us. We are not obliged to 1) maintain any comments in confidence; 2) pay compensation of any form for any comments; or 3) respond to any comments.
Aester & Pearl may, but are not obliged to, monitor, remove or edit any content we determine to be unlawful, threatening, offensive, defamatory, libellous, indecent, obscene, or objectionable in any way or that is in violation of any party’s intellectual property of these Terms of Service.
You agree that any comments you make will not be in violation of any third-party’s rights, including copyright, trademark, privacy, personality, or other personal or propriety right. Furthermore, you agree that any comments you make will not contain libelous or otherwise mislead Aester & Pearl or third-parties as to the origin of the comments. It is your sole responsibility for any comments you make and the accuracy of the content they contain. We are not responsible nor liable for any comments posted by you or a third party.
Section 10: Personal information
Our Privacy Policy governs your submission of Personal Information through the Aester & Pearl store. See www.aesterandpearl.com.au/privacy-policy
Section 11: Errors, inaccuracies, and omissions
Whilst we endeavour to ensure that the content is accurate, occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping fees, transit times, and product availability. Aester & Pearl reserves the right to correct any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice after your order has been placed with us.
We are not obliged to update, amend or clarify information in our Service or on our website, including but not limited to -pricing information, except for where it is legally required. Specified updates or refresh dates applied in the Service or our website should not be taken to indicate that all information in our Service or website has been revised.
Section 12: Prohibited uses
Aside from the prohibitions set forth in the Terms of Service, you are prohibited from using the Aester & Pearl website and its content: a) for unlawful purposes; b) to solicit others to perform or participate in unlawful activity; c} to violate any regulations, rules, laws, and ordinances on international, federal, state, or local levels; d) to violate or infringe upon Aester & Pearl’s intellectual property rights or those of others; e) to abuse, harass, insult, harm, defame, slander, intimidate, disparage or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; f) to share false or misleading information; g) to upload and transmit viruses, malicious codes and other forms of malware that will affect the functionality and operation of our Service or website, other websites, and the broader internet; h) to collect or track information related to other persons; i) to scam, spam, phish, pharm, pretext, spider, scrape, or crawl; j) for obscene or immoral purpose; or k) to disrupt or circumvent security features of our Service or website, other websites and the broader internet. Aester & Pearl reserves the right to terminate your use of our Service or website for violating any of these prohibitions.
Section 13: Warranty disclaimer and liability limitations
Aester & Pearl does not guarantee nor warrant that your use of our Service will be uninterrupted, secure, timely, or free from error. Nor do we warrant or guarantee the accuracy or reliability of the results that may be obtained from the use of our Service.
You acknowledge and accept that, on occasion, we may cancel our Service at any time or remove our Service for indefinite periods of time without alerting you.
You agree that your use or inability to use our site or Service is at your own risk. All products and Services provided to you through Aester & Pearl are provided ‘as is’ and ‘as available’ for your usage without representation, conditions, or warranties of any form, expressed or implied. This includes implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event should Aester & Pearl, our affiliates, suppliers, Service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind. This includes but is not limited to lost profits, revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability, or otherwise, arising from your use of any of the Services or products procured using our Service, or for any other claim related in any way to your use of our Service or any product posted, transmitted or made available via our Service, even if their possibility has been advised. In states and jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, Aester & Pearl’s liability shall be limited to the maximum extent permitted by law.
Section 14: Indemnification
By using our site, you agree to defend, indemnify and find harmless Aester & Pearl and our affiliates, Service providers, and suppliers from any claim or demand, including reasonable litigation fees, made by any third-party as a result of or arising from your breach of these Terms of Service and/or the documents they reference, or your violation of any laws or the rights of a third-party.
Section 15: Severability
Should any provision of these terms and conditions be found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable part will be deemed to be severed from Aester & Pearl’s Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
Section 16: Termination
All liabilities and obligations of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes intended. Our Terms of Service are in effect unless they are terminated either by you or us. To terminate these Terms of Services, you may notify us at any time that you no longer wish to use our Services. These Terms of Service may also be terminated when you completely cease using the Aester & Pearl website.
If we solely determine or suspect that you have failed to comply with these Terms of Service, we may terminate this agreement at any time without prior notice. Furthermore, you will remain liable for all amounts due up to and including the termination date. Accordingly, we may deny you access to our Services in part or full.
Section 17: Full Agreement
Our failure to exercise or enforce any provision or right of these Terms of Service shall not constitute a waiver of any such provisions or rights. Aester & Pearl’s Terms of Service, policies, and operating rules we issue constitute the entire agreement and understanding between you and us and, governs your utilisation of our Service. Ambiguities in interpreting these Terms of Service should not be taken to be against the drafting party/parties.
Section 18: Governing Law
These Terms of Service shall be governed by and understood in accordance with the laws of Australia.
Section 19: Modifications to Terms of Service
The most up-to-date version of Aester & Pearl’s terms and conditions can be reviewed at any time on this page. At our sole discretion, Aester & Pearl reserves the right to update, alter or replace any part of our Terms of Service by posting changes and updates on our website. You are responsible for checking our website periodically for changes. By continuing to use or access our website and/or Services, following any amendments made to our Terms of Service, you are confirming your acceptance of those changes.
Section 20: Contact Information
Questions regarding our Terms of Service should be sent to us via email or post.
PO Box 6799 Upper Mount Gravatt QLD 4122 Australia