Terms and Conditions

Welcome to Runaway Rosy.

This website is operated by Runaway Rosy. Throughout the site, the terms “we”, “us” and “our” refer to Runaway Rosy.

By accessing our website or placing an order, you agree to these Terms and Conditions, along with the policies referenced or linked on our website. These terms apply to all visitors and customers who use our website.

Please read these Terms and Conditions carefully before using our website or making a purchase.

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

Nothing in these Terms and Conditions excludes, restricts or modifies your rights under Australian Consumer Law.

 

SECTION 1 – ONLINE STORE TERMS

By using our website or placing an order, you confirm that you are at least 18 years old, or that you have permission from a parent or legal guardian to use our website. If you are under 18, any purchase must be approved by your parent or legal guardian.

You must not use our website or products for any unlawful or unauthorised purpose, or violate any applicable laws, including copyright and intellectual property laws.

You must not upload, transmit or distribute viruses, malware or any other harmful code that could affect the security or operation of our website.

We reserve the right to suspend or terminate access to our website or services where there is a reasonable basis to do so, including unlawful activity, misuse of our website or a material breach of these Terms and Conditions.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse or cancel orders, or restrict access to our website and services, where we have a lawful and reasonable basis to do so, including suspected fraud, misuse of our website or unlawful activity. If we cancel an order, any refund will be handled in accordance with Australian Consumer Law.

Personal information provided through our website is handled in accordance with our Privacy Policy. Payments are processed securely through our authorised payment providers.

You may not reproduce, copy, distribute, sell or commercially exploit any part of our website, including product designs, photographs, written content or other materials, without prior written permission from Runaway Rosy, except where permitted by law.

The headings in these Terms and Conditions are provided for convenience only and do not affect their interpretation.

 SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make every reasonable effort to ensure that the information on our website, including product descriptions, materials, pricing and availability, is accurate and up to date.

Occasionally, information may contain errors or become outdated. We may update, correct or remove website content as needed.

Our website may also contain historical information, which is provided for reference and may no longer reflect our current products, prices or services.

If an error or change affects an order you have already placed, we will contact you where necessary and handle the matter in accordance with Australian Consumer Law.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to change product prices, update our website, modify our services or discontinue products at any time without prior notice.

Price changes will not affect orders that have already been accepted, unless otherwise agreed with the customer or permitted by law.

We may occasionally suspend or modify access to our website for maintenance, updates or circumstances beyond our reasonable control.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

All Runaway Rosy jewellery is handmade to order and available exclusively through our online store. Product availability may depend on materials and stock levels.

Each piece is individually handmade and hand stamped. Slight variations in the placement and impression of letters, symbols and designs are part of the handmade nature of our jewellery and do not necessarily indicate a fault.

We make every reasonable effort to display our jewellery accurately through product photographs, descriptions and measurements. Colours may appear slightly different depending on your screen settings. Product images are for representation only and may not be shown to scale. Please refer to the measurements provided in each product description.

We reserve the right to limit product quantities, restrict sales to certain locations or discontinue products where reasonably necessary and permitted by law.

Please review our Refund Policy for information about returns, exchanges, repairs and replacements.

All jewellery sold by Runaway Rosy is covered by the consumer guarantees under Australian Consumer Law. Nothing in this section excludes, restricts or modifies those rights.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel orders where we have a lawful and reasonable basis to do so, including suspected fraud, incorrect or incomplete payment information, unavailable materials or unusually large order quantities.

We may limit quantities purchased per customer, household or order, and may refuse orders that reasonably appear to be intended for unauthorised resale.

If we need to change or cancel an order, we will contact you using the email address or other contact details provided at checkout. If we cancel an order that has already been paid for, we will provide a refund for the cancelled products, including any applicable shipping charges.

You agree to provide accurate and complete billing, shipping and contact information when placing an order, and to notify us as soon as possible if any details need to be corrected.

Please refer to our Refund Policy for information about customer-requested cancellations, returns, repairs and replacements.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law.

SECTION 7 – OPTIONAL TOOLS

Our website may provide access to tools, applications or services operated by third-party providers.

These third-party services may have their own terms, conditions and privacy policies. We recommend reviewing these before using them.

While we take reasonable care when selecting services for our website, we do not control the operation, availability or content of independently operated third-party tools.

We may introduce, update or remove website features and third-party tools from time to time. Any new features provided directly by Runaway Rosy will also be subject to these Terms and Conditions.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law or any other applicable law.

 

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links to third-party websites, products or services that are not owned or operated by Runaway Rosy.

These links are provided for your convenience or additional information. We do not control the content, accuracy, availability or practices of independently operated third-party websites.

When visiting or purchasing from a third-party website, we recommend reviewing their terms and conditions, privacy policies and return policies before proceeding. Any questions or concerns about products or services purchased directly from a third party should generally be directed to that provider.

This section does not affect Runaway Rosy's responsibilities for products purchased directly from our store or your rights under Australian Consumer Law.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Customers may share reviews, photographs, comments, suggestions or other feedback with Runaway Rosy through our website, email, social media or other communication channels.

By submitting a review or other content for public display on our website, you give Runaway Rosy permission to display, reproduce and share that content in connection with our business, including on our website and marketing channels, provided this is consistent with the purpose for which it was submitted and applicable privacy laws.

Private messages, personal information and customer photographs not submitted for public display will not be published or used for marketing without appropriate permission.

You agree that any content you submit must be accurate to the best of your knowledge, must not infringe another person's intellectual property or privacy rights, and must not contain unlawful, misleading, abusive or harmful material.

We reserve the right to moderate, edit or remove reviews, comments or other publicly submitted content where reasonably necessary, including content that is unlawful, inappropriate, misleading or breaches these Terms and Conditions. We will not alter genuine customer reviews in a way that misrepresents their meaning or sentiment.

Unless otherwise agreed, Runaway Rosy is not required to provide compensation for voluntarily submitted feedback or suggestions.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law or applicable privacy and intellectual property laws.

 

SECTION 10 – PERSONAL INFORMATION

The collection, use, storage and handling of personal information provided through our website is governed by our Privacy Policy and applicable Australian privacy laws.

Please review our Privacy Policy for information about how we collect, use and protect your personal information.

Privacy Policy: https://www.runawayrosy.com.au/policies/privacy-policy

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

We make every reasonable effort to ensure that the information on our website is accurate. Occasionally, errors or omissions may occur in product descriptions, pricing, promotions, shipping charges, delivery estimates or product availability.

We reserve the right to correct errors, update information or make necessary changes to our website at any time.

If an error affects an order you have already placed, we will contact you to explain the issue and discuss the available options. If we are unable to fulfil your order as agreed and the order is cancelled, we will provide a refund for the affected products and any applicable shipping charges.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law.

SECTION 12 – PROHIBITED USES

When using the Runaway Rosy website, you must not:

• Use our website or its content for any unlawful or unauthorised purpose.

• Encourage or assist others to engage in unlawful activities.

• Violate any applicable laws or regulations.

• Copy, reproduce or use our jewellery designs, photographs, written content or other intellectual property without permission, except where permitted by law.

• Harass, threaten, abuse, defame or discriminate against others.

• Provide false, fraudulent or misleading information.

• Upload or transmit viruses, malware or other harmful code.

• Collect or misuse another person's personal information without lawful authority.

• Use our website to send spam, conduct phishing activities or engage in other fraudulent practices.

• Use automated tools to access, scrape or collect information from our website without authorisation, except where permitted by law.

• Interfere with the security, functionality or operation of our website or related services.

We reserve the right to suspend or terminate access to our website or services where there is a lawful and reasonable basis to do so, including a material breach of these Terms and Conditions.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law.

SECTION 13 – CONSUMER GUARANTEES AND LIMITATION OF LIABILITY

Runaway Rosy takes reasonable care to provide accurate product information, quality handmade jewellery and a secure online shopping experience.

All products sold by Runaway Rosy come with consumer guarantees under Australian Consumer Law. These include guarantees that products are of acceptable quality, match their descriptions and are reasonably fit for any purpose made known to us.

If a product fails to meet these guarantees, you may be entitled to a repair, replacement, refund or compensation, depending on the nature of the problem and your rights under Australian Consumer Law.

While we make reasonable efforts to maintain our website, we cannot guarantee that it will always be available, uninterrupted or free from technical errors. We may temporarily suspend access for maintenance, updates or circumstances beyond our reasonable control.

To the extent permitted by law, Runaway Rosy is not responsible for losses caused solely by circumstances outside our reasonable control or by a customer's misuse of our website or products.

Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantees, rights or remedies available under Australian Consumer Law or any other applicable law.

SECTION 14 – INDEMNIFICATION

You agree to use the Runaway Rosy website lawfully and in accordance with these Terms and Conditions.

To the extent permitted by law, you may be responsible for reasonable losses, damages or costs incurred by Runaway Rosy as a direct result of your unlawful conduct, intentional misuse of our website or infringement of another person's rights.

You will not be responsible for losses caused by Runaway Rosy's own actions, negligence or failure to meet its legal obligations.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law or any other applicable law.

SECTION 15 – SEVERABILITY

If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision will be removed or limited to the extent necessary under applicable law.

The remaining provisions will continue to apply, provided they can operate lawfully and independently.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law.

SECTION 16 – TERMINATION

These Terms and Conditions remain effective while you use the Runaway Rosy website or services, unless terminated by you or Runaway Rosy.

You may stop using our website or request the closure of your customer account at any time by contacting us.

We reserve the right to suspend or terminate access to our website or services where there is a lawful and reasonable basis to do so, including suspected fraud, unlawful activity, misuse of our website or a material breach of these Terms and Conditions.

Termination of access to our website or services does not automatically cancel orders that have already been accepted. Any existing orders, payments, cancellations or refunds will be handled in accordance with our published policies and Australian Consumer Law.

Any rights or obligations that arose before termination will continue to apply where legally appropriate.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law.

SECTION 17 – ENTIRE AGREEMENT

These Terms and Conditions, together with our published policies and any specific arrangements agreed upon in writing with a customer, form the agreement between Runaway Rosy and the customer.

If we do not immediately exercise or enforce a right under these Terms and Conditions, this does not mean we have waived that right.

Any changes or additional arrangements agreed upon in writing for an individual order will continue to apply to that order.

Nothing in these Terms and Conditions excludes, restricts or modifies your rights under Australian Consumer Law or any other applicable law.

 SECTION 18 – GOVERNING LAW

These Terms and Conditions and any agreements relating to purchases from Runaway Rosy are governed by the laws of Victoria, Australia, subject to any applicable Australian Consumer Law and other mandatory legal protections.

SECTION 19 – CHANGES TO TERMS OF SERVICE

We may update or revise these Terms and Conditions from time to time to reflect changes to our business, website, services or legal requirements.

The most current version will always be available on this page. Updated Terms and Conditions will generally apply from the date they are published.

Changes will not retrospectively alter the terms of orders already accepted, unless agreed with the customer or permitted by law.

By continuing to use our website after updated Terms and Conditions are published, you agree to the revised terms to the extent permitted by law.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law or any other applicable law.

 SECTION 20 – CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact Runaway Rosy at hello@runawayrosy.com.au.