Terms of service

OVERVIEW

Welcome to Billy Melbourne! The terms “we”, “us” and “our” refer to Billy Melbourne. Billy Melbourne operates this online store and website, including all related information, content, features, products and services, to provide you with a convenient shopping experience.

Our store is hosted on Shopify, which provides the e-commerce platform that allows us to offer our products and services to you.

These Terms of Service, together with any policies referenced in them, explain the terms and conditions that apply when you access or use our website and services.

Please read these Terms of Service carefully. They include important information about your legal rights, warranties, disclaimers and limitations of liability.

By visiting our website, browsing our store or purchasing a product from us, you agree to be bound by these Terms of Service and our applicable policies. If you do not agree, please do not access or use our website or services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your place of residence, or that you have the permission of a parent or legal guardian to allow any minor dependants to use this website under your supervision.

To access certain features or make purchases, you may be required to provide information such as your email address, billing details, shipping address and payment information. You agree that the information you provide is accurate, complete and up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. You must notify us promptly if you believe your account has been accessed without authorisation.

We reserve the right to suspend or terminate accounts where we reasonably believe these Terms of Service have been violated, subject to applicable law.

SECTION 2 – OUR PRODUCTS

We aim to display our products, including colours, designs, sizes and other details, as accurately as possible. However, the appearance of products may vary depending on your device, screen settings or other factors.

Product descriptions, images, prices and availability may change at any time without notice. We do not guarantee that every product will meet every customer's individual expectations.

Where permitted by law, we reserve the right to limit quantities, discontinue products or restrict sales to particular customers, regions or jurisdictions.

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot legally be excluded or limited under applicable law.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase the selected products. We reserve the right to accept or decline an order where permitted by law.

An order confirmation email confirms that we have received your order; it does not necessarily mean that the order has been accepted or dispatched.

We may contact you to verify order details or resolve an issue before processing an order. If we cancel an order after payment has been taken, we will arrange an appropriate refund.

Please review your order details carefully before completing your purchase. If you notice an error, contact us as soon as possible at support@billymelbourne.com. We cannot guarantee that changes or cancellations will be possible once an order has entered processing or has been dispatched.

SECTION 4 – PRICES AND BILLING

Product prices and promotional offers are displayed on our website and may change without notice. The price applicable to your order is the price displayed at the time you place it, subject to any correction required by law.

Unless stated otherwise at checkout, shipping fees and any applicable taxes or additional charges will be displayed separately.

You agree to provide accurate and complete payment and billing information and to update it when necessary so that we can process your transaction and contact you about your order.

If a pricing or product listing error occurs, we reserve the right to take appropriate action, including contacting you before processing the order or cancelling the affected order where permitted by law. If payment has already been collected for a cancelled order, we will arrange a refund.

You are responsible for any applicable charges imposed by your payment provider or financial institution.

SECTION 5 – SHIPPING AND DELIVERY

Delivery estimates are provided for guidance and are not guaranteed unless expressly stated otherwise. Delivery times may be affected by courier delays, customs processing, weather, public holidays or other circumstances beyond our reasonable control.

You are responsible for providing a complete and accurate delivery address. We are not responsible for delays caused by incorrect or incomplete information supplied at checkout, although your rights under applicable consumer law remain unaffected.

Where an order is delayed, lost or delivered incorrectly, please contact us at support@billymelbourne.com so we can investigate and help resolve the issue.

Any responsibility for delivery, loss or damage will be determined in accordance with applicable law. Nothing in this section removes any rights or remedies available to you under applicable consumer protection legislation.

SECTION 6 – INTELLECTUAL PROPERTY

All content on this website, including text, product descriptions, graphics, logos, images, designs, videos and website layouts, is owned by or licensed to Billy Melbourne or the relevant rights holders and is protected by applicable intellectual property laws.

You may access and use the website for personal, non-commercial shopping purposes. You must not reproduce, distribute, modify, publish or commercially exploit website content without prior written permission, except where permitted by law.

The names, logos and trademarks of other businesses displayed on this website belong to their respective owners.

Nothing in these Terms of Service grants you ownership of any intellectual property belonging to us or any third party.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools or features supplied by third parties. We do not necessarily control or monitor these tools and may provide access to them on an “as available” basis.

Your use of optional third-party tools is at your own discretion and may be subject to the terms and privacy policies of the relevant provider.

To the extent permitted by law, we are not responsible for third-party tools that we do not operate or control. This does not affect any rights you may have under applicable consumer protection laws.

We may introduce, change or discontinue website features or tools at any time.

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links to third-party websites, applications or services. These links are provided for convenience and do not necessarily indicate that we endorse the linked content or provider.

We are not responsible for the content, accuracy, policies or practices of third-party websites that we do not control. If you visit or make a purchase through a third-party website, you do so subject to that provider's terms and policies.

Please review the relevant third party's terms and privacy policy before providing personal information or completing a transaction.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Billy Melbourne is hosted on Shopify, which provides the e-commerce platform used to operate our online store.

Purchases made through our store are transactions with Billy Melbourne, not Shopify. To the extent permitted by law, Shopify is not responsible for products purchased from us or for disputes arising directly between you and Billy Melbourne.

Your use of Shopify's services may also be subject to Shopify's own terms and policies.

Nothing in this section limits any rights you may have under applicable consumer protection laws.

SECTION 10 – PRIVACY

Your privacy is important to us. Personal information collected through our website is handled in accordance with our Privacy Policy.

Shopify processes certain information to provide and support the operation of our store. Other service providers, such as payment processors, delivery partners and website service providers, may also process information when necessary to fulfil your order or provide services.

By using our website, you acknowledge that your information may be processed as described in our Privacy Policy and as permitted by applicable law.

Please read our Privacy Policy for further details about the information we collect, how it is used and the choices available to you.

SECTION 11 – FEEDBACK AND REVIEWS

If you submit reviews, comments, suggestions, photographs or other content to us, you confirm that you have the right to provide that content and that it does not violate another person's rights or any applicable law.

You must not submit content that is unlawful, misleading, fraudulent, abusive, defamatory, discriminatory, obscene or otherwise inappropriate, or that contains malicious software or unauthorised advertising.

By submitting feedback or content to us, you grant us permission to use, reproduce, display and distribute it for purposes related to operating, improving and promoting our business, subject to applicable law and our Privacy Policy.

You must not impersonate another person, misrepresent the origin of a review or submit a review in exchange for an undisclosed benefit.

We may remove or decline to publish content that we reasonably believe violates these Terms of Service or applicable law.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

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

We reserve the right to correct errors, update information or cancel an affected order where permitted by law. If a correction materially affects an order you have placed, we will take appropriate steps to inform you.

We are not obligated to update every piece of information on our website unless required by law. A displayed update date does not necessarily mean that all website information has been reviewed or changed.

SECTION 13 – PROHIBITED USES

You may use our website only for lawful purposes. You must not use our website or services:

For any unlawful, fraudulent or deceptive purpose.
To violate applicable laws or regulations.
To infringe our intellectual property rights or the rights of others.
To harass, threaten, abuse or discriminate against another person.
To submit false, misleading or unauthorised information.
To transmit malicious code, viruses or other harmful material.
To collect or misuse another person's personal information without authorisation.
To interfere with website security, functionality or normal operation.
To engage in unauthorised scraping, automated data collection or other activity that disrupts our services.
To circumvent security measures or attempt to gain unauthorised access to our systems.

We may restrict or terminate access to our website if we reasonably believe that prohibited activity has occurred, subject to applicable law.

SECTION 14 – AUTOMATED ACCESS AND AGENTS

You must not use bots, crawlers, scripts or other automated systems to access or interact with our website in a way that violates these Terms of Service, interferes with the operation of the website, circumvents technical restrictions or collects information without authorisation.

Automated access that is expressly permitted by us or required by law is not prohibited by this section.

We may take reasonable measures to protect our website, customers and business against unauthorised automated activity.

SECTION 15 – TERMINATION

We may suspend or terminate your access to our website or services if we reasonably believe you have violated these Terms of Service or if action is necessary to protect our customers, business or website, subject to applicable law.

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

Any provisions that by their nature should continue after termination will remain in effect, including provisions relating to intellectual property, feedback, disclaimers, liability, indemnification and interpretation, to the extent permitted by law.

SECTION 16 – DISCLAIMER OF WARRANTIES

To the extent permitted by law, our website and services are provided on an “as available” basis. We do not guarantee uninterrupted, secure or error-free access to the website at all times.

We may temporarily suspend access for maintenance, updates, security reasons or circumstances beyond our reasonable control.

Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot legally be excluded or limited. Where applicable, statutory rights and remedies continue to apply.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Billy Melbourne will not be liable for indirect or consequential loss arising from your use of our website or services where such liability may lawfully be excluded.

Nothing in these Terms of Service limits or excludes liability that cannot legally be limited or excluded, including any liability that applicable consumer protection laws require us to accept.

Where a limitation of liability is permitted by law, it applies only to the extent legally allowed and does not affect any non-excludable consumer rights or remedies.

SECTION 18 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Billy Melbourne against reasonable losses, liabilities, damages and expenses arising directly from your unlawful use of our website, your violation of these Terms of Service or your infringement of another person's rights.

This provision does not apply to the extent that a loss was caused by our own negligence, breach of these Terms of Service or other conduct for which we are responsible under applicable law. It does not require you to indemnify us for matters that cannot legally be passed on to you.

SECTION 19 – SEVERABILITY

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

The remaining provisions will continue in effect to the extent that they can lawfully operate independently.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

If we do not exercise or enforce a right under these Terms of Service, that does not mean we have waived that right.

These Terms of Service, together with the policies and notices referenced on our website, constitute the agreement governing your use of our website and services, subject to any additional terms agreed between you and us.

Nothing in this section excludes any rights or protections that apply under mandatory law.

SECTION 21 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms of Service to another person without our prior written consent, except where such restriction is prohibited by law.

We may transfer or assign our rights and obligations in connection with a business transfer, restructuring or sale, provided that doing so does not unlawfully affect your rights.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide services will be governed by the laws applicable to the relevant transaction and business, subject to any mandatory consumer protection laws that apply to you.

If you are a consumer in Australia, nothing in these Terms of Service is intended to exclude or restrict your rights under the Australian Consumer Law or any other mandatory consumer protection legislation that applies to your purchase.

Any dispute will be handled by the courts or dispute resolution bodies that have jurisdiction under applicable law.

SECTION 23 – HEADINGS

The headings in these Terms of Service are included for convenience only. They do not limit or otherwise affect the interpretation of any provision.

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

We may update these Terms of Service from time to time by publishing a revised version on our website.

The updated version will include a revised “Last updated” date where appropriate. Changes will apply from the date stated in the updated terms, subject to applicable law.

Your continued use of our website after updated terms are published constitutes acceptance of those changes only to the extent permitted by law. If you do not agree with a change, you should stop using the website.

Changes will not remove or limit rights that have already accrued to you where applicable law prevents us from doing so.

SECTION 25 – CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:

Billy Melbourne

Email: support@billymelbourne.com

Address: 274b Kingsbury Road, London, NW9 0BY, United Kingdom

Please contact us by email for assistance with orders, products or questions about these Terms of Service.