Here is a complete, updated draft of your Terms of Service, fully adapted to comply with the Australian Consumer Law (ACL) and localized for an e-commerce store operating out of Western Australia.

Copy and paste this text directly into your Shopify legal settings.

MY QUENCHLY – TERMS OF SERVICE

OVERVIEW

Welcome to My Quenchly! Throughout this website, the terms "we", "us" and "our" refer to My Quenchly. My Quenchly operates this store and website, including all related information, content, features, tools, products and services to provide you with a curated shopping experience (the "Services"). My Quenchly is powered by Shopify, which provides the online e-commerce platform that enables us to sell our products and Services to you.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use our website and purchase our products.

Please read these Terms of Service carefully before accessing or using our website. By visiting, interacting with, browsing or purchasing from our website, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our Services.

SECTION 1 - AUSTRALIAN CONSUMER LAW GUARANTEES (CRITICAL NOTICE)

1.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).

1.2 You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

1.3 Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the ACL (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by contract.

1.4 Any parameters, disclaimers, limitations of liability, or exclusions regarding warranties in the sections below are strictly subject to your rights under the Australian Consumer Law.

SECTION 2 - ACCESS, ACCOUNT, AND ELIGIBILITY

2.1 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, or that you have given us your consent to allow any of your minor dependents to use this site.

2.2 To use our Services or purchase products, you may be required to provide personal information such as your name, email address, billing, payment, and shipping information. You warrant that all information you provide to our store is correct, current, and complete.

2.3 You are solely responsible for maintaining the security of your account credentials and for all activity occurring under your account. You must not transfer, sell, or assign your account to any other person.

SECTION 3 - OUR PRODUCTS AND ACCURACY

3.1 We make every effort to display as accurately as possible the colors and images of our products (including tumbler accessories, hooks, and straws). However, we cannot guarantee that your computer monitor or mobile device's display of any color will be perfectly accurate.

3.2 In accordance with the ACL, we guarantee that all products supplied will match the description provided on our store and be fit for purpose.

3.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

 

SECTION 4 - ORDERS AND CANCELLATIONS

4.1 When you place an order through our online store, you are making an offer to purchase the selected items. Your order is not legally accepted until we process your payment and issue an order confirmation email.

4.2 We reserve the right to refuse or cancel any order for legitimate reasons, including but not limited to technical pricing errors, stock unavailability, or suspected fraudulent activity. If we change or cancel an order, we will attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made.

4.3 Please review your cart details carefully before submitting. Because we strive for fast dispatch times, we may be unable to accommodate cancellation or modification requests once an order has been finalized.

4.4 You represent and warrant that your purchases are for personal or household use only and not for commercial resale or unauthorized distribution.

SECTION 5 - PRICES, BILLING, AND GST

5.1 Prices for our products are subject to change without notice. The price charged will be the price in effect at the time your order is placed.

5.2 All prices displayed on our website are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST), where applicable, unless explicitly stated otherwise. Posted prices do not include shipping and handling charges, which will be calculated and displayed at checkout.

5.3 You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store.

5.4 You represent and warrant that you are authorized to use the credit card or payment method provided, and that all charges incurred will be honored by your financial institution.

SECTION 6 - SHIPPING, DELIVERY, AND TRANSIT RISK

6.1 Delivery timeframes stated on our website are reasonable estimates only and are not strict guarantees. We rely on third-party shipping carriers (such as Australia Post) and are not liable for delays caused by carrier disruptions, severe weather, or events outside of our control.

6.2 We take care in packaging our products safely. In accordance with your statutory rights, we are responsible for ensuring that goods arrive safely into your possession. If an item is lost or damaged in transit before it reaches your delivery address, please contact us promptly at myquenchly@gmail.com so we can investigate and provide a remedy under the ACL.

SECTION 7 - RETURNS AND REFUNDS

7.1 Your purchases are eligible for return, repair, or replacement strictly in accordance with our Refund Policy [LINK] and the Australian Consumer Law.

7.2 Change of Mind: Please note that the ACL does not require retail businesses to offer refunds or exchanges for change of mind (e.g., if you choose the wrong color hook or change your mind about an accessory style). Any change-of-mind returns we choose to accept are governed solely by our Refund Policy, and items must be returned in original, unused, and resaleable condition at the buyer's shipping expense.

SECTION 8 - INTELLECTUAL PROPERTY

8.1 All content, branding, designs, trademarks, text, graphics, product images, videos, and layout variations on our website are owned by My Quenchly, our affiliates, or our licensors, and are protected by Australian and international copyright and trademark laws.

8.2 You are granted a limited, personal, non-commercial license to access and browse our website. You must not copy, reproduce, modify, distribute, or exploit any materials or imagery from our website without explicit prior written consent from us.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

9.1 My Quenchly is hosted and powered by Shopify. However, any sales, transactions, or customer relationships you form on this website are exclusively with My Quenchly.

9.2 You acknowledge and agree that Shopify is a platform provider and is not responsible or liable for the quality, safety, fulfillment, or legality of the products sold by My Quenchly, except where mandated by laws that cannot be excluded.

SECTION 10 - PRIVACY AND DATA PROCESSING

10.1 Your submission of personal information through the store is governed by our Privacy Policy [LINK]. By using our Services, you acknowledge that you have reviewed our Privacy Policy.

10.2 Because our store is built on Shopify, your data will be securely transmitted to and processed by Shopify and its integrated infrastructure (which may include overseas servers) to complete your transaction, prevent fraud, and maintain operational stability.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

11.1 Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, shipping charges, or item availability.

11.2 Subject to applicable consumer laws, we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order). If an order is canceled due to an error on our part, you will receive a full refund.

 

SECTION 12 - PROHIBITED USES

12.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

• (a) for any unlawful purpose;

• (b) to solicit others to perform or participate in any unlawful acts;

• (c) to infringe upon or violate our intellectual property rights or the rights of others;

• (d) to harass, abuse, insult, harm, defame, slander, or intimidate any employees or other users;

• (e) to submit false or misleading information;

• (f) to upload or transmit viruses or any other type of malicious code;

• (g) to scrape, spider, or systematically harvest data from this website via manual means or automated AI tools without written authorization.

  12.2 We reserve the right to terminate or suspend your access to our website or your account if you engage in any prohibited behavior.

SECTION 13 - AGENTS AND AUTOMATED INTERACTIONS

13.1 This section applies if you utilize any automated software, browser extension, or digital agent ("Agent") to interact with our website or complete purchases.

13.2 No Agent may access or interact with our Services if it attempts to obfuscate its identity, bypass security checks, scale automated checkout loops, or mimic human behaviors to circumvent stock limits or purchase protections. All interaction protocols must comply with legitimate consumer purchasing channels.

SECTION 14 - LIMITATION OF LIABILITY & DISCLAIMERS

14.1 Subject always to Section 1 (Australian Consumer Law), and to the maximum extent permitted by law:

• (a) We provide this website and its features on an "as available" basis, and do not guarantee that access will be entirely uninterrupted, secure, or error-free.

• (b) My Quenchly, our directors, employees, or suppliers shall not be liable for any indirect, incidental, punitive, or consequential losses, including lost profits, lost savings, or loss of data arising out of your use of this website.

• (c) Our total aggregate liability to you for any claim arising out of a product purchase shall not exceed the total price paid by you for that specific product, except where prohibited by the ACL.

SECTION 15 - SEVERABILITY AND WAIVER

15.1 In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination will not affect the validity and enforceability of any remaining provisions.

15.2 Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

SECTION 16 - GOVERNING LAW AND JURISDICTION

16.1 These Terms of Service, along with your access to and purchase of goods from My Quenchly, are governed by and construed in accordance with the laws of Western Australia, Australia.

16.2 You and My Quenchly irrevocably consent and submit to the non-exclusive jurisdiction of the state and federal courts located in Western Australia for the resolution of any legal proceedings arising out of these Terms.

SECTION 17 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

• Trading Name: My Quenchly

• Email Contact: myquenchly@gmail.com

• Business Registration Number (ABN): 40 296 949 871

• Mailing Address: Unit 10 583 William Street Mount Lawley 6050