Terms of Service

OVERVIEW

Welcome to Shaora.

The terms “we”, “us” and “our” refer to Shaora, operated by HSG Ecommerce. Shaora operates this online store and website, including all related information, content, features, tools, products and services provided to you (collectively, the “Services”).

Our store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and Services to you.

These Terms of Service, together with any policies referenced in them, describe the terms that apply when you access or use our website, purchase products from us or otherwise use our Services.

Please read these Terms of Service carefully before using our website or placing an order.

By accessing, interacting with or using our Services, you agree to these Terms of Service and our Privacy Policy.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

SECTION 1 - ACCESS AND ACCOUNT

By using our Services or placing an order, you confirm that you are legally capable of entering into a binding agreement or that you have the permission of a parent or legal guardian where required by law.

When using our Services, including when placing an order, you may be required to provide information such as your name, email address, billing information, payment details and shipping information.

You agree that the information you provide is accurate, current and complete and that you are authorised to provide and use that information.

If you create an account, you are responsible for keeping your account credentials secure and for activity carried out through your account.

You must not transfer, sell, assign or otherwise allow another person to use your account without our permission.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to display and describe our products as accurately as possible.

However, colours and the appearance of products may vary depending on your device, screen settings, lighting conditions and other technical factors.

Product measurements and sizing information are provided as accurately as reasonably possible, but minor variations may occur.

We may update product descriptions, availability or other product information where necessary.

We may also discontinue products or limit quantities available for purchase.

Nothing in this section limits your rights if a product does not meet a consumer guarantee under the Australian Consumer Law, including guarantees relating to acceptable quality, fitness for purpose or matching its description.

SECTION 3 - ORDERS

When you submit an order through Shaora, you are making an offer to purchase the products included in your order.

We reserve the right to accept or decline an order where reasonably necessary, including where:

• a product is unavailable
• payment cannot be authorised
• incorrect pricing or product information has been displayed
• we reasonably suspect fraud or unauthorised activity
• we are unable to deliver to the provided address
• an order breaches these Terms

Your order is accepted once we confirm acceptance of the order.

Payment must be successfully authorised before an order can be processed.

Please check your order carefully before submitting it.

If you need to cancel or change an order, please contact us as soon as possible at support@shaora.com. We cannot guarantee that an order can be changed or cancelled once processing or fulfilment has begun.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled products.

Returns and refunds are subject to our Return & Refund Policy and any rights you have under the Australian Consumer Law.

Products purchased through Shaora are intended for personal or household use unless otherwise agreed with us.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may change from time to time.

The price applicable to your purchase will be the price displayed when you place your order, subject to the correction of genuine errors where permitted by law.

Any applicable shipping charges or other fees will be displayed before you complete your purchase.

You agree to provide accurate and complete billing, payment and account information when placing an order.

You must be authorised to use the payment method you provide.

If we discover a genuine pricing or listing error after an order is submitted, we may contact you to explain the issue and, where permitted by law, offer you the option to proceed at the correct price or cancel the affected order for a refund.

Nothing in this section limits any rights available under applicable consumer law.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery timeframes displayed on our website are estimates unless we expressly state otherwise.

We will make reasonable efforts to process and deliver orders within the estimated timeframe.

Delivery times may be affected by circumstances outside our reasonable control, including carrier delays, weather conditions, customs processing, public holidays and other unexpected events.

If there is a significant delay with your order, please contact us at support@shaora.com.

Nothing in these Terms excludes any rights you may have where products are not supplied within an agreed or reasonable time.

Our Shipping Policy contains further information about processing, shipping and delivery.

SECTION 6 - INTELLECTUAL PROPERTY

Unless otherwise stated, the content available through Shaora, including our branding, logos, website design, written content, graphics, photographs, product images, videos and other materials, is owned by or licensed to Shaora, HSG Ecommerce or the relevant rights holder.

This content may be protected by applicable copyright, trademark and other intellectual property laws.

You may access and use our website for your personal and non-commercial use.

Unless permitted by law or authorised by us in writing, you must not reproduce, distribute, modify, republish, commercially exploit or otherwise use our protected content.

The Shaora name, branding, logos and associated designs may not be used without our prior permission.

Shopify and other third-party names, trademarks and logos remain the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to tools or services supplied by third parties.

We do not necessarily control these third-party tools and their availability or operation may be subject to separate terms and policies.

Your use of third-party tools is at your discretion and you should review the terms applicable to those services before using them.

Nothing in this section excludes liability that cannot lawfully be excluded.

We may introduce new features, tools or resources through our Services from time to time.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to websites or services operated by third parties.

We are not responsible for the content, policies, security or practices of third-party websites that we do not control.

If you choose to visit or purchase from a third-party website, you should review that third party’s terms and policies.

Questions or complaints relating specifically to products or services purchased directly from a third party should generally be directed to that third party.

Nothing in this section limits any responsibility we may have under applicable law.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Shaora is powered by Shopify, which provides the e-commerce platform used to operate our online store.

However, products purchased through Shaora are sold by Shaora, operated by HSG Ecommerce.

Shopify is not the seller of the products you purchase from Shaora.

Your contract for the purchase of Shaora products is with us and not with Shopify.

Shopify may process certain information in connection with its provision of the platform and related services. Please refer to our Privacy Policy for further information.

SECTION 10 - PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable privacy laws.

Because our website is hosted through Shopify, certain personal information may also be processed by Shopify and other service providers that assist us in operating our store, processing payments, fulfilling orders and providing our Services.

Information may be processed or stored in countries other than the country in which you live.

Please review our Privacy Policy for more information about how personal information is collected, used, disclosed and protected.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit a review, suggestion, comment, image or other feedback to Shaora, you confirm that you have the right to provide that content.

You grant us permission to use, reproduce and display the content for purposes reasonably connected with operating, improving and promoting Shaora, subject to applicable law.

You must not submit content that:

• infringes the rights of another person
• contains unlawful, defamatory, abusive or obscene material
• contains malicious software or harmful code
• falsely represents your identity or experience
• is deliberately false or misleading

Where you receive compensation, a discount, a free product or another incentive in connection with a review or endorsement, this should be disclosed where required by law.

We may remove content where reasonably necessary, including content that is unlawful, fraudulent, offensive or infringes another party’s rights.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our website may contain typographical errors, inaccuracies or omissions relating to product information, availability, pricing, promotions, shipping charges or delivery estimates.

We may correct genuine errors or update information where reasonably necessary.

Where an error affects an order you have already placed, we will handle the matter fairly and in accordance with applicable law.

Nothing in this section permits us to avoid obligations or consumer rights that cannot lawfully be excluded.

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use our website or Services to:

• breach any applicable law or regulation
• infringe our intellectual property rights or those of another person
• harass, abuse, threaten or harm another person
• submit deliberately false or misleading information
• distribute spam or unauthorised commercial communications
• impersonate another person or organisation
• transmit viruses, malware or other harmful code
• interfere with the security or operation of our website
• attempt to gain unauthorised access to our systems
• scrape, crawl or collect information from our website in a manner prohibited by applicable law
• use the Services for fraudulent or malicious purposes

We may restrict or suspend access to our Services where we reasonably believe these Terms have been materially breached.

SECTION 14 - TERMINATION

You may stop using our Services at any time.

We may suspend or terminate access to our Services where reasonably necessary, including where you materially breach these Terms, engage in fraudulent activity, misuse our Services or create a security risk.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should continue after termination will remain in effect.

SECTION 15 - WARRANTIES AND CONSUMER GUARANTEES

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded.

For Australian consumers, our goods come with guarantees under the Australian Consumer Law.

These may include guarantees that products are of acceptable quality, are fit for any disclosed purpose and match their description.

Any warranties or additional promises we voluntarily provide are in addition to, and do not replace, your rights under the Australian Consumer Law.

SECTION 16 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, we will not be liable for losses that are not reasonably foreseeable or that result from circumstances outside our reasonable control.

However, nothing in these Terms excludes, restricts or modifies liability, consumer guarantees, rights or remedies where doing so would be unlawful.

In particular, nothing in these Terms is intended to exclude or limit rights available to consumers under the Australian Consumer Law.

Where applicable law permits liability to be limited, any limitation will apply only to the extent permitted by that law.

SECTION 17 - INDEMNIFICATION

To the extent permitted by law, you are responsible for loss or damage reasonably resulting from your unlawful use of our Services, your material breach of these Terms or your infringement of another person's rights.

Nothing in this section requires you to indemnify us for loss caused by our own unlawful conduct, negligence or breach of obligations that cannot lawfully be excluded.

SECTION 18 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will apply to the maximum extent permitted by law or, where necessary, will be severed.

The remaining provisions will continue to apply.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise a right under these Terms, that does not mean we have waived that right.

These Terms, together with the policies incorporated or referred to in them, form the agreement governing your use of our Services.

Nothing in this section excludes rights or representations that cannot lawfully be excluded.

SECTION 20 - ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent where such consent is reasonably required.

We may transfer our rights or obligations as part of a genuine business transfer, restructuring or similar transaction, provided this does not reduce any rights you have under applicable law.

SECTION 21 - GOVERNING LAW

These Terms are governed by applicable law.

HSG Ecommerce is established in the Netherlands and Shaora offers its products to customers in Australia.

Where the Australian Consumer Law applies to your purchase, nothing in these Terms excludes, restricts or modifies the rights and remedies available to you under that law.

Nothing in this section prevents you from exercising any rights you have under mandatory laws that apply in your place of residence.

SECTION 22 - HEADINGS

Headings are included for convenience and readability only and do not affect the interpretation of these Terms.

SECTION 23 - CHANGES TO THESE TERMS

You can review the current version of these Terms of Service on this page.

We may update these Terms from time to time where reasonably necessary, including to reflect changes to our Services, business practices or applicable laws.

Where required by law, we will provide appropriate notice of material changes.

Changes will apply from the date stated in the updated Terms and will not remove rights that have already arisen under applicable law.

Your continued use of our Services after updated Terms take effect means the updated Terms will apply to your future use of the Services, subject to applicable law.

SECTION 24 - CONTACT INFORMATION

Store name: Shaora

Warehouse address: 112 Ingles Street,
Port Melbourne VIC 3207, Australia

Business name: HSG Ecommerce

Kvk nr: 97914800

Business Address: Familie van der Leerstraat 141,
3075 PV, Rotterdam NL

Email: support@shaora.com

Monday to Friday: 09:00 – 17:00 (AET)
Weekends: 11:00 – 16:00 (AET)

We aim to respond to your inquiries within 24 hours.