Terms of Service

Terms of Service
Welcome to Twinkle Totes! These Terms of Service ("Terms") govern your access to and use of our website and the services and products we provide. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or services.

1. About Us
This website is operated by Twinkle Totes, an Australian-owned business based in Western Australia. Throughout the site, the terms "we," "us," and "our" refer to Twinkle Totes. We provide this website, including all information, tools, and services available from it, subject to your acceptance of these Terms.
Our registered business name is:
Twinkle Totes Australia
Western Australia
For any inquiries, please contact us at hello@twinkletotes.com.

2. Acceptance of Terms
By accessing this website or purchasing from us, you agree to these Terms, including any additional terms and policies referenced herein or linked. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

3. Legal Capacity
By using this website or making a purchase, you confirm that:
• You are over 18 years old and have legal capacity to enter into a binding contract; or
• If under 18, you have obtained consent from a parent or guardian to use this website and make purchases.

4. Products and Services
4.1. Availability and Descriptions
• All products and services displayed on our website are subject to availability.
• We make every effort to display product descriptions and images accurately. However, colours and appearances may vary depending on your device.

4.2. Pricing and Payment
• All prices are listed in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable.
• We reserve the right to change prices at any time without notice.
• Payment methods include [list payment methods, e.g., credit card, PayPal]. Your payment details are handled securely in accordance with our Privacy Policy.

4.3. Order Acceptance
We reserve the right to accept, reject, or cancel any order for reasons including but not limited to:
• Product unavailability.
• Errors in product descriptions or pricing.
• Fraudulent or suspected fraudulent activity.

4.4. Shipping and Delivery
For shipping and delivery details, refer to our Shipping Policy available on our website. Delivery times are estimates only, and we are not responsible for delays beyond our control.

4.5. Returns and Refunds
Our Returns Policy, available on our website, governs refunds, returns, and exchanges. Refunds are processed in compliance with the Australian Consumer Law (ACL).

5. Australian Consumer Law (ACL)
Nothing in these Terms excludes your rights under the Australian Consumer Law. If a product or service fails to meet a consumer guarantee under the ACL, you may be entitled to a repair, replacement, or refund.
For more information, visit Australian Competition and Consumer Commission (ACCC).

6. Privacy Policy
Your personal information is handled in accordance with our Privacy Policy, which complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using this site, you consent to the collection and use of your personal information as described in our Privacy Policy.

7. Intellectual Property
All content on this website, including text, graphics, logos, and software, is the intellectual property of Twinkle Totes or its licensors and is protected under Australian copyright laws. You are prohibited from reproducing or using any content for commercial purposes without written permission.

8. Prohibited Conduct
You agree not to use our site or services for unlawful or prohibited activities, including but not limited to:
• Engaging in fraudulent or misleading activities.
• Uploading or transmitting harmful code (e.g., viruses).
• Interfering with the website’s functionality or security features.
• Violating the intellectual property rights of Twinkle Totes or third parties.
We reserve the right to terminate your access for breaches of these Terms.

9. Liability and Indemnity
9.1. Limitation of Liability
To the maximum extent permitted by law:
• Twinkle Totes disclaims all warranties, representations, and conditions not expressly stated in these Terms.
• We are not liable for indirect, incidental, or consequential damages arising from your use of the website, including but not limited to loss of data, profits, or goodwill.

9.2. Indemnity
You agree to indemnify and hold harmless Twinkle Totes and its employees, agents, and affiliates from any claims, damages, or expenses arising from your breach of these Terms or misuse of our website.

10. Reviews and Submissions
By submitting reviews or comments, you grant us a non-exclusive, royalty-free license to use them for marketing and operational purposes. Content that violates intellectual property rights or is defamatory, obscene, or misleading may be removed at our discretion.

11. Force Majeure
We are not liable for delays or failure to perform due to circumstances beyond our reasonable control, including natural disasters, government restrictions, pandemics, or technical failures.

12. Changes to Terms
We reserve the right to update these Terms at any time. Any changes will be posted on this page, and your continued use of the website constitutes acceptance of these changes.

13. Dispute Resolution
If a dispute arises, you agree to attempt to resolve it informally with us first by contacting hello@twinkletotes.com.au. If the dispute cannot be resolved, it will be referred to mediation or arbitration in accordance with the Commercial Arbitration Act 2012 (WA).

14. Governing Law
These Terms are governed by the laws of Western Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia.

15. Contact Information
For questions or concerns about these Terms, please contact us at:
Email: hello@twinkletotes.com.

Thank you for shopping with Twinkle Totes!