TERMS OF SERVICE

OVERVIEW

Welcome to MURUTHI WEAR.

The terms “we”, “us” and “our” refer to MURUTHI WEAR. MURUTHI WEAR operates this store and website, including all related information, content, features, tools, products and services provided through the website (collectively, the “Services”).

The following terms and conditions, together with any policies referenced in these Terms, including our Privacy Policy and Returns & Refunds Policy, describe your rights and responsibilities when you use our Services (the “Terms of Service” or “Terms”).

Please read these Terms carefully before using our website or placing an order. They contain important information about your rights and responsibilities when purchasing products from MURUTHI WEAR.

By accessing, browsing or using our Services, or by placing an order through our website, you agree to be bound by these Terms and our applicable policies.

If you do not agree with these Terms, please do not use our Services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law (ACL) or any other applicable law.

SECTION 1 — ACCESS AND ACCOUNT

By using our Services, you represent that you are legally capable of entering into a binding agreement under applicable law.

If you create an account or provide information to us when placing an order, you agree to provide information that is accurate, current and complete.

You are responsible for maintaining the confidentiality of any account credentials you use to access our Services and for activities carried out through your account.

You must not use another person's account without their permission.

We reserve the right to suspend or terminate access to an account where we reasonably believe that the account is being used unlawfully, fraudulently or in breach of these Terms.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, photographs, colours, measurements, availability and other information displayed on our website are accurate.

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

Product images are provided for illustration and may not always represent the exact appearance of every individual item, particularly where products are handmade, naturally varied or produced in batches.

Product descriptions, prices, availability and other information may be updated from time to time.

We reserve the right to discontinue products, limit quantities or restrict availability where reasonably necessary.

Where a product has specific storage, preparation, use-by, best-before or other product information, customers should follow the information provided on the product packaging.

Nothing in this section limits any consumer guarantees or other rights that apply under Australian law.

SECTION 3 — ORDERS

When you place an order through our website, you are submitting a request to purchase the products selected in your order.

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

• A product is unavailable;

• There is an obvious pricing or product description error;

• We reasonably suspect fraudulent or unauthorised activity;

• There are issues with payment;

• Shipping or import restrictions prevent us from fulfilling the order; or

• We are otherwise unable to fulfil the order.

If we cancel an order after payment has been received, we will arrange an appropriate refund for the cancelled portion of the order, subject to your legal rights.

We will generally confirm your order by email after payment has been received.

Please review your order carefully before submitting it. Once an order has been accepted and processing has commenced, we may not be able to accommodate cancellation requests.

Purchases are subject to our Returns & Refunds Policy.

Nothing in our cancellation, return or refund procedures limits your rights under the Australian Consumer Law.

SECTION 4 — PRICES AND BILLING

Prices displayed on our website are in Australian dollars (AUD) unless otherwise stated.

Prices, discounts and promotional offers may change from time to time.

The price charged for a product will generally be the price displayed at the time the order is placed, subject to any obvious pricing error.

Shipping charges and any applicable taxes or other charges will be displayed during the checkout process where applicable.

For international orders, customers may be responsible for customs duties, import taxes, fees or other charges imposed by the destination country.

You agree to provide accurate and complete billing, payment and contact information.

You represent that you are authorised to use the payment method provided for your purchase.

If a payment is declined or cannot be processed, we may be unable to fulfil the order until valid payment has been received.

SECTION 5 — SHIPPING AND DELIVERY

Orders are generally processed and dispatched within 2 business days.

Once an order has been dispatched, Australia Post delivery generally takes 2–6 business days, depending on the customer's location.

Customers should allow approximately 4–8 business days from the time an order is placed to delivery within Australia.

Delivery timeframes are estimates only and are not guaranteed.

We are not responsible for delays caused by circumstances outside our reasonable control, including carrier delays, public holidays, peak periods, weather events, customs processing, incorrect delivery information supplied by the customer or other unforeseen circumstances.

Where tracking is available, tracking information will be provided after dispatch.

For international orders, delivery timeframes depend on the international postal or courier service used and the destination country.

Customers placing international orders are responsible for checking applicable import requirements, restrictions, duties and taxes.

Certain food products may be restricted from international shipping and may be marked “Local Delivery Only”.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

SECTION 6 — INTELLECTUAL PROPERTY

Unless otherwise stated, the content available through our Services, including our trademarks, brand names, logos, photographs, graphics, product images, text, videos, audio, designs, layouts and other materials, is owned by or licensed to MURUTHI WEAR and is protected by applicable intellectual property laws.

You may access and use our Services for personal, non-commercial purposes.

You must not reproduce, copy, modify, distribute, publish, sell, commercially exploit or create derivative works from our content without our prior written permission, except where permitted by law.

The MURUTHI WEAR name, logos, designs, product names and other brand elements may not be used without our prior written permission.

All rights not expressly granted under these Terms are reserved.

SECTION 7 — THIRD-PARTY TOOLS

Our Services may use third-party tools, applications or services to assist with website functionality, payment processing, shipping, analytics, communication, customer service or other business functions.

These third-party services may be subject to their own terms and privacy policies.

We are not responsible for matters relating solely to the operation of third-party services where those matters are outside our reasonable control.

Nothing in this section limits any rights or remedies available to you under applicable law.

SECTION 8 — THIRD-PARTY LINKS

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

These links may be provided for convenience or additional information.

We do not control third-party websites and are not responsible for their content, availability, security, privacy practices or terms.

If you choose to access a third-party website or service, you do so subject to that third party's applicable terms and policies.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Where our online store is powered by Shopify, Shopify provides the technology platform that enables us to provide our online store and Services.

Any purchase you make through our store is a transaction between you and MURUTHI WEAR.

Shopify is not the seller of the products purchased from MURUTHI WEAR and is not responsible for the products we sell, our fulfilment, our customer service or our obligations to you in relation to those products.

Nothing in these Terms limits any rights you may have against MURUTHI WEAR under applicable law.

SECTION 10 — PRIVACY POLICY

Personal information collected through our Services is handled in accordance with our Privacy Policy [LINK].

By using our Services, you acknowledge that you have reviewed our Privacy Policy.

Our website and third-party service providers may collect and process information necessary to operate the website, process orders, provide payment services, arrange delivery, communicate with customers, prevent fraud and improve our Services.

Some service providers may process information outside Australia.

Please refer to our Privacy Policy for further information about how personal information is collected, used and disclosed.

SECTION 11 — FEEDBACK, REVIEWS AND CUSTOMER CONTENT

If you submit reviews, comments, photographs, videos, testimonials, suggestions or other content to MURUTHI WEAR (collectively, “Feedback”), you grant MURUTHI WEAR permission to use, reproduce, publish, display and share that Feedback for purposes connected with our business, including marketing and promotion.

You represent that you have the right to provide the Feedback and that it does not infringe the rights of another person.

We may moderate, edit or remove Feedback where reasonably necessary, including where content is unlawful, misleading, offensive, defamatory, fraudulent or infringes another person's rights.

We do not guarantee that Feedback submitted by customers will be published or retained.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on our Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, availability, shipping charges or other information.

We reserve the right to correct errors and update information where reasonably necessary.

If an obvious error affects an order that has not yet been fulfilled, we may contact you to discuss the issue or, where appropriate, cancel the affected order and provide a refund.

Nothing in this section limits your rights under Australian law.

SECTION 13 — PROHIBITED USES

You must use our Services only for lawful purposes.

You must not use our Services to:

• Violate any applicable law or regulation;

• Infringe our intellectual property rights or the rights of another person;

• Engage in fraudulent, deceptive or misleading conduct;

• Attempt to gain unauthorised access to our systems or accounts;

• Introduce malicious software, viruses or other harmful code;

• Interfere with the operation or security of our Services;

• Harass, threaten or abuse our staff, representatives or other customers;

• Collect personal information about other users without lawful authority;

• Use our Services for unlawful commercial activity;

• Impersonate another person or business; or

• Attempt to circumvent security or access controls.

We may suspend or terminate access to our Services where we reasonably believe that a person has materially breached these Terms or used our Services unlawfully.

SECTION 14 — AUTOMATED ACCESS AND AGENTS

You must not use automated systems, bots, scraping tools, crawlers or other automated means to access or collect information from our Services in a way that interferes with the operation of our website, breaches applicable law, circumvents technical restrictions or places an unreasonable burden on our systems.

This does not prevent ordinary use of search engines or other automated services where such access is permitted by our website's technical controls and applicable law.

We may take reasonable technical measures to protect our Services against unauthorised or harmful automated access.

SECTION 15 — TERMINATION

We may restrict or terminate your access to our Services where reasonably necessary, including where you materially breach these Terms, engage in unlawful activity or misuse our Services.

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

Any provisions that by their nature should continue after termination, including provisions relating to intellectual property, privacy, liability, dispute resolution and applicable law, will continue to apply.

SECTION 16 — DISCLAIMER OF WARRANTIES

To the extent permitted by law, our Services are provided on an “as available” basis.

We do not guarantee that our website or Services will always be uninterrupted, available, secure or error-free.

However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right, remedy or other protection that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Our products are subject to the consumer guarantees and other protections required by Australian law.

SECTION 17 — LIMITATION OF LIABILITY

To the maximum extent permitted by law, MURUTHI WEAR will not be liable for loss or damage arising from matters that are outside our reasonable control.

However, nothing in these Terms excludes, restricts or modifies our liability where doing so would be unlawful, including liability arising from rights or remedies that cannot legally be excluded under the Australian Consumer Law.

Where the law permits a limitation of liability, our liability will be limited to the extent permitted by law.

This section does not affect any right you may have to compensation for reasonably foreseeable loss or damage resulting from a failure to meet a consumer guarantee.

SECTION 18 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify MURUTHI WEAR against reasonable losses, liabilities, claims and expenses arising directly from your unlawful use of our Services or your material breach of these Terms.

This does not apply to the extent that the loss or claim was caused by MURUTHI WEAR's own breach of law, negligence or other conduct for which liability cannot lawfully be excluded.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it lawful and enforceable where possible.

If it cannot be made enforceable, it will be severed from these Terms.

The remaining provisions will continue to apply.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

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

These Terms, together with our Privacy Policy, Returns & Refunds Policy, Shipping & Delivery Policy and any other policies expressly incorporated into them, form the agreement between you and MURUTHI WEAR regarding your use of our Services and purchases from our store.

If there is an inconsistency between these Terms and a mandatory legal right or requirement, the mandatory legal requirement will prevail.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.

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

SECTION 22 — GOVERNING LAW

These Terms are governed by the laws applicable in Victoria, Australia.

You and MURUTHI WEAR submit to the applicable courts and tribunals of Victoria, Australia, subject to any mandatory rights you may have under Australian law.

Nothing in this section prevents a consumer from exercising rights or bringing a claim in another jurisdiction where required or permitted by law.

SECTION 23 — HEADINGS

The headings used in these Terms are provided for convenience only and do not affect the interpretation of any provision.

SECTION 24 — CHANGES TO THESE TERMS

You can review the most current version of our Terms of Service at any time on this page.

We may update, change or replace these Terms from time to time by publishing an updated version on our website.

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

Your continued use of our Services after updated Terms are published constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Trade Name: MURUTHI WEAR
Phone: 0450 107 915
WhatsApp: +61 459 263 853
Email: muruthiwear@gmail.com
Location: VIC 3121, Australia
ABN: 16 254 538 859

AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

These rights operate in addition to any voluntary returns, refunds or exchanges offered by MURUTHI WEAR.