Terms of service

 

1. Overview

This website is operated by ysmcul.shop. Throughout the website, the terms “we”, “us”, and “our” refer to ysmcul.shop.

ysmcul.shop provides this website, including all information, features, products, and services available through it, subject to your acceptance of these Terms of Service.

By visiting our website, creating an account, placing an order, purchasing a product, submitting content, or otherwise using our services, you agree to be bound by these Terms of Service and any policies referenced in them.

Please read these Terms of Service carefully before using our website. If you do not agree with these terms, you must not use the website or purchase products through it.

2. Contact Information

Store name: ysmcul.shop
Email: info@ysmcul.shop
Phone: +61 8 8739 4073
Business address: 18 Madgwick Street, Wynnum QLD 4178, Australia

3. Australian Consumer Law

Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, remedy, condition, warranty, or liability that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.

Products and services supplied to consumers may come with guarantees that cannot be excluded under the Australian Consumer Law.

Where a product has a major failure, you may be entitled to choose a refund or replacement and may also be entitled to compensation for reasonably foreseeable loss or damage. Where a failure is minor, we may provide an appropriate remedy, such as a repair, within a reasonable time.

Any limitations or exclusions stated in these Terms apply only to the maximum extent permitted by law.

4. Eligibility and Online Store Use

By using this website, you confirm that:

  • You have the legal capacity to enter into a binding agreement;

  • You are at least the age of majority in your state or territory of residence, or you are using the website with the involvement and consent of a parent or legal guardian;

  • The information you provide is accurate, complete, and current;

  • You will use the website only for lawful purposes; and

  • You will comply with these Terms of Service and all applicable laws.

You must not use our products, website, or services for any unlawful, fraudulent, abusive, or unauthorised purpose.

5. Customer Accounts

Certain features may require you to create a customer account.

You are responsible for:

  • Providing accurate account information;

  • Keeping your login credentials confidential;

  • Restricting access to your account and devices; and

  • Notifying us promptly if you suspect unauthorised access or activity.

You are responsible for activities carried out through your account to the extent that those activities result from your failure to take reasonable steps to protect your account.

We may suspend or restrict an account where reasonably necessary to investigate suspected fraud, security incidents, unlawful conduct, or a material breach of these Terms.

6. Product Information

We take reasonable care to present product descriptions, specifications, measurements, prices, colours, and images accurately.

However:

  • Colours may appear differently depending on your device or display settings;

  • Product packaging may change without affecting the product itself;

  • Measurements may be subject to reasonable manufacturing tolerances; and

  • Minor variations may occur between production batches.

These provisions do not limit your rights where a product is materially different from its description, sample, or representation.

You should review all available product information and sizing details before placing an order.

7. Product Availability

All products are subject to availability.

Placing a product in your shopping cart does not reserve it. A product may become unavailable before checkout or before an order is accepted.

If a product becomes unavailable after payment, we will contact you and offer an appropriate option, which may include:

  • A suitable substitute with your agreement;

  • Waiting for the product to become available;

  • Removing the unavailable product from the order; or

  • A refund of the amount paid for the unavailable product.

We will not substitute a product without your agreement where the substitute is materially different from the product ordered.

8. Prices and Currency

Unless otherwise stated:

  • Prices displayed on the website are in Australian dollars;

  • Applicable taxes will be included or identified as required;

  • Delivery charges, where applicable, will be shown before you complete checkout; and

  • The total amount payable will be displayed before payment is submitted.

Prices and promotions may change from time to time. Changes will not affect an order that we have already accepted, except where required to correct an obvious pricing error and permitted by law.

9. Pricing and Information Errors

We may correct typographical errors, inaccurate descriptions, technical errors, or obvious pricing mistakes.

If we identify an error affecting your order before it is fulfilled, we will contact you and provide the correct information. You may then confirm the order at the corrected price or cancel the affected item for a refund.

We will not rely on this clause to avoid an order merely because fulfilling it has become less profitable.

10. Orders and Contract Formation

Submitting an order is an offer to purchase products under these Terms.

An automated order confirmation acknowledges that we have received your order but does not necessarily mean that the order has been accepted.

A binding sales contract is formed when we:

  • Confirm that the order has been accepted;

  • Begin processing or fulfilling the order; or

  • Dispatch the order,

whichever occurs first.

We may refuse or cancel an order for a reasonable and lawful reason, including:

  • Product unavailability;

  • An obvious pricing or description error;

  • Suspected fraud or unauthorised payment;

  • Inability to verify required customer information;

  • An order placed for an unlawful purpose;

  • A material breach of these Terms; or

  • Delivery to an address that our available carriers cannot service.

If we cancel an order after payment, we will refund the affected amount unless the payment is reasonably withheld because of confirmed fraud or another lawful basis.

11. Order Limits and Resale

We may apply reasonable quantity limits to products or promotions where necessary to maintain availability, prevent misuse, or protect the integrity of an offer.

Unless we have agreed otherwise in writing, products purchased through the website are intended for personal or household use and not for unauthorised commercial resale.

We may review unusually large, repeated, or automated orders before accepting them.

12. Billing and Customer Information

You agree to provide accurate, complete, and current information for all purchases, including:

  • Full name;

  • Billing address;

  • Delivery address;

  • Email address;

  • Telephone number; and

  • Valid payment information.

You must update us promptly if information relevant to an unfulfilled order changes.

We are not responsible for delays or failed deliveries caused by incorrect information supplied by you, except to the extent that we failed to take reasonable steps after being notified of the correction.

13. Payment

Payment must be made using a payment method offered at checkout.

Payments may be processed by Shopify, financial institutions, or independent payment service providers. Your use of a third-party payment method may also be governed by that provider’s terms and privacy policy.

You confirm that:

  • You are authorised to use the selected payment method;

  • The billing information supplied is accurate; and

  • Sufficient funds or credit are available.

We do not generally receive or store complete payment card numbers. Payment information is ordinarily processed by the applicable payment provider.

14. Payment Verification

We or our payment providers may conduct reasonable verification or fraud-prevention checks.

Where additional verification is required, processing may be temporarily delayed. We may request reasonable information necessary to verify the order or payment.

We will not request sensitive payment credentials, such as your full online banking password.

If verification cannot be completed, we may cancel and refund the order.

15. Promotions and Discount Codes

Promotions, discount codes, and special offers are subject to the conditions displayed with the relevant offer.

Unless otherwise stated:

  • Discount codes cannot be exchanged for cash;

  • Only one discount code may be used per order;

  • Discount codes must be applied before checkout is completed;

  • Discounts do not apply retrospectively;

  • Offers cannot be combined where expressly stated; and

  • Promotions may be limited by time, quantity, customer, or product.

We may cancel or correct a promotion affected by fraud, misuse, or an obvious technical error. This does not affect orders already validly accepted unless permitted by law.

16. Gift Cards and Store Credit

Where gift cards or store credit are offered, additional conditions displayed at the time of issue may apply.

Gift cards and store credit:

  • Must not be obtained or used fraudulently;

  • Cannot be replaced where lost or stolen unless required by law or the balance can be verified;

  • Are not redeemable for cash except where required by law; and

  • Must comply with applicable expiry-date requirements.

Store credit offered as a voluntary resolution does not replace a refund where the customer is legally entitled to receive a refund.

17. Shipping and Delivery

Shipping and delivery are governed by our Shipping Policy, which forms part of these Terms.

Delivery times shown on the website are estimates unless we expressly agree to a guaranteed delivery date.

We will take reasonable steps to dispatch and deliver orders within the stated timeframes. Delivery may be affected by circumstances outside our reasonable control, such as:

  • Carrier disruptions;

  • Severe weather;

  • Public holidays;

  • Customs procedures;

  • Incorrect delivery information;

  • Remote-area restrictions; or

  • Major transport or infrastructure disruptions.

If a material delay occurs, please contact us so that we can investigate and provide an appropriate solution.

Nothing in this section limits your rights where products are not supplied within an agreed or reasonable time.

18. Delivery Instructions and Authority to Leave

Where you request or authorise a parcel to be left unattended, the carrier may leave it in accordance with your instructions and its delivery procedures.

You should select a secure delivery location.

This clause does not exclude our responsibility where loss or damage results from our failure, or that of a carrier acting on our behalf, to exercise reasonable care or comply with applicable law.

19. Incorrect or Incomplete Addresses

You are responsible for checking your delivery address before completing checkout.

If you notice an error, contact us immediately. We will make reasonable efforts to update the address before dispatch but cannot guarantee that changes will be possible once fulfilment has begun.

Reasonable redelivery or return costs may apply where an order cannot be delivered because the customer supplied an incorrect or incomplete address, except where prohibited by law.

20. Order Changes and Cancellations

You may request an order change or cancellation by contacting info@ysmcul.shop as soon as possible.

We will make reasonable efforts to assist, but changes or cancellations may not be possible once the order has been processed, packed, or dispatched.

If an order has already been dispatched, it may need to be returned in accordance with our Return and Refund Policy.

Your rights under the Australian Consumer Law remain unaffected.

21. Returns, Refunds, Repairs, and Exchanges

Returns, refunds, repairs, replacements, and exchanges are governed by our Return and Refund Policy.

Our voluntary return conditions apply in addition to, and do not replace, rights available under the Australian Consumer Law.

We may reasonably request proof of purchase and information required to assess a claimed fault. Original packaging is not required where refusing a remedy on that basis would be inconsistent with applicable law.

Please contact us before returning a product so that we can provide the correct return instructions.

22. Risk and Title

Ownership of a product passes to you after we have received full payment and the product has been delivered, unless applicable law provides otherwise.

Risk of accidental loss or damage generally passes when the product is delivered to you or to a person authorised by you to receive it.

This provision does not affect rights or remedies arising from loss, damage, non-delivery, defective products, or a failure to exercise reasonable care.

23. Website Content

Unless otherwise stated, the website and its content—including text, graphics, photographs, product images, videos, logos, icons, layouts, designs, software, and compilations—are owned by or licensed to ysmcul.shop and are protected by applicable intellectual property laws.

You may access and use the website for personal, non-commercial shopping purposes.

You must not, without our prior written permission:

  • Copy or reproduce substantial parts of the website;

  • Republish or commercially exploit website content;

  • Modify, translate, reverse engineer, or create derivative works;

  • Remove copyright, trademark, or ownership notices;

  • Use product images or descriptions for unauthorised resale;

  • Scrape or systematically extract website data; or

  • Use our branding in a way that suggests an unauthorised affiliation.

Nothing in these Terms transfers ownership of our intellectual property to you.

24. Trademarks

The name ysmcul.shop, associated logos, trade dress, graphics, and other brand identifiers may be trademarks or proprietary branding belonging to us or our licensors.

You must not use them without prior written authorisation, except where permitted by law.

25. Customer Reviews and Submitted Content

You may be able to submit reviews, photographs, comments, feedback, questions, or other content.

You retain ownership of content you submit. By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, format, and use that content for operating, promoting, and improving our store.

This licence applies only for purposes reasonably connected with our business and ends where continued use is no longer reasonably necessary, subject to archived materials and legal recordkeeping requirements.

You confirm that submitted content:

  • Is accurate to the best of your knowledge;

  • Does not infringe another person’s rights;

  • Is not unlawful, defamatory, threatening, discriminatory, obscene, or fraudulent;

  • Does not contain malicious software;

  • Does not reveal another person’s private information without permission; and

  • Is not submitted in exchange for undisclosed compensation.

We may moderate or remove content where reasonably necessary for legal, safety, relevance, or policy reasons. We will not remove genuine negative reviews merely because they are critical.

26. Prohibited Uses

You must not use the website or services to:

  • Violate any law or regulation;

  • Commit or facilitate fraud;

  • Infringe intellectual property or privacy rights;

  • Harass, threaten, abuse, or discriminate against another person;

  • Upload malicious code, viruses, or harmful technology;

  • Attempt to gain unauthorised access to systems or accounts;

  • Interfere with website security or functionality;

  • Collect personal information without lawful authority;

  • Send spam or unauthorised automated communications;

  • Impersonate another person or misrepresent your identity;

  • Manipulate reviews, promotions, or pricing;

  • Use automated purchasing tools in a way that disrupts the store; or

  • Engage in conduct that causes material harm to us, our customers, or service providers.

We may restrict access where reasonably necessary to prevent or respond to prohibited conduct.

27. Third-Party Tools and Services

The website may include tools, applications, payment services, social media features, or other services supplied by third parties.

Third-party services may be subject to separate terms and privacy policies.

We are not responsible for an independent third party’s acts or omissions unless liability arises under applicable law or the third party is acting on our behalf in circumstances where responsibility cannot lawfully be excluded.

You should review relevant third-party terms before using optional third-party services.

28. Third-Party Links

The website may contain links to external websites provided for convenience or information.

A link does not necessarily indicate that we endorse, control, or guarantee the external website.

We are not responsible for content or practices of independent third-party websites. You should review their terms, privacy policies, and purchasing conditions before interacting with them.

29. Privacy

Our collection, use, disclosure, storage, and protection of personal information are described in our Privacy Policy.

By using the website, you acknowledge that personal information will be handled in accordance with that policy and applicable privacy laws.

30. Website Availability

We aim to keep the website available and functioning properly but do not guarantee uninterrupted or error-free access.

Access may occasionally be restricted because of:

  • Maintenance;

  • Security updates;

  • Technical faults;

  • Hosting or network failures;

  • Events outside our reasonable control; or

  • Necessary changes to website functionality.

We will take reasonable steps to restore affected services.

31. Accuracy of General Information

General information on the website is provided for shopping and informational purposes.

You should not rely on website content as professional, medical, legal, financial, or technical advice unless we expressly state otherwise.

Product-specific instructions and warnings should be followed carefully.

Nothing in this clause limits liability for misleading or deceptive representations or other liability that cannot lawfully be excluded.

32. Consumer Guarantees and Warranties

Any warranty offered by us or a manufacturer is additional to your rights under the Australian Consumer Law.

A warranty period does not necessarily determine the duration of your statutory consumer rights.

We will not require you to contact a manufacturer instead of us where we are legally responsible for providing a remedy as the seller.

33. Limitation of Liability

To the maximum extent permitted by law, we are not liable for loss or damage that:

  • Was not reasonably foreseeable;

  • Was caused by your unlawful conduct or material breach of these Terms;

  • Resulted from your misuse of a product contrary to clear instructions or warnings;

  • Was caused by an independent third party outside our reasonable control; or

  • Could reasonably have been avoided by you taking appropriate steps.

Where liability can lawfully be limited, our liability may be limited to an appropriate remedy permitted by law.

Nothing in these Terms excludes or limits liability for:

  • Fraud or fraudulent misrepresentation;

  • Intentional misconduct;

  • Death or personal injury caused by negligence where liability cannot be excluded;

  • Breach of a non-excludable consumer guarantee; or

  • Any other liability that cannot lawfully be excluded or limited.

34. Indemnity

To the extent permitted by law, you agree to compensate us for reasonable loss, liability, or expense directly caused by:

  • Your material breach of these Terms;

  • Your unlawful or fraudulent use of the website;

  • Content you submit that infringes another person’s rights; or

  • Your deliberate interference with the security or operation of the website.

This obligation does not apply to the extent that the loss was caused or contributed to by our negligence, unlawful conduct, breach of contract, or failure to take reasonable steps to reduce the loss.

35. Events Outside Reasonable Control

Neither party will be responsible for a delay or failure caused by an event outside that party’s reasonable control, provided that the affected party:

  • Takes reasonable steps to reduce the effects of the event;

  • Resumes performance as soon as reasonably practicable; and

  • Communicates material delays where appropriate.

This clause does not remove any right to cancel, obtain a refund, or receive another remedy that applies under consumer law or the terms of the relevant order.

36. Suspension and Termination

You may stop using the website at any time.

We may suspend or terminate access where reasonably necessary because of:

  • A material breach of these Terms;

  • Fraudulent or unlawful activity;

  • A serious security risk;

  • Harmful interference with the website; or

  • A legal or regulatory requirement.

Where reasonably practicable, we will provide notice and an opportunity to address the issue before termination.

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

37. Changes to the Website and Services

We may update, improve, replace, or discontinue website features and services.

We will not use this right to remove a product or service that has already been paid for without providing an appropriate remedy.

Where a change materially affects an existing order, we will notify the affected customer and comply with applicable law.

38. Changes to These Terms

We may update these Terms to reflect changes in:

  • Applicable law;

  • Our business operations;

  • Website functionality;

  • Payment or delivery services;

  • Security requirements; or

  • Our policies and procedures.

Updated Terms will be published on this page with a revised “Last updated” date.

Changes will apply prospectively and will not unfairly alter an order or contract already accepted.

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

39. Severability

If a provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be read down to the minimum extent necessary or removed where reading it down is not possible.

The remaining provisions will continue to operate.

40. No Waiver

A delay or failure by either party to enforce a right does not automatically waive that right.

A waiver is effective only where it is clear and applies only to the specific circumstances for which it was given.

41. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return and Refund Policy, and any product-specific conditions disclosed before purchase, form the agreement governing your use of the website and purchases from us.

Nothing in this clause excludes representations, rights, or remedies that cannot lawfully be excluded.

42. Assignment

You must not transfer your rights or obligations under these Terms without our written consent, which will not be unreasonably withheld.

We may transfer our rights and obligations as part of a genuine business sale, merger, restructuring, or transfer, provided that the transfer does not reduce your existing rights or remedies.

43. Governing Law

These Terms are governed by the laws of Queensland, Australia, and applicable Commonwealth laws.

You and ysmcul.shop submit to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from them.

Nothing in this section prevents a consumer from exercising rights available in another Australian state or territory where those rights apply.

44. Dispute Resolution

If a dispute arises, please contact us first so that we can attempt to resolve it promptly and fairly.

When contacting us, please provide:

  • Your name and contact information;

  • Your order number, where relevant;

  • A clear description of the issue;

  • Relevant documents or photographs; and

  • The outcome you are seeking.

We will review the matter and respond within a reasonable period.

This informal process does not prevent either party from seeking assistance from a consumer protection agency, tribunal, court, or other dispute-resolution service.

45. Contact Us

Questions about these Terms of Service should be directed to:

ysmcul.shop
Email: info@ysmcul.shop
Phone: +61 8 8739 4073
Address: 18 Madgwick Street, Wynnum QLD 4178, Australia