Terms of service

 
Thanks for visiting our website https://www.sundaymorningrituals.com.au/ (Website).  Throughout these Terms of Use (Terms), the terms “we”, “us” and “our” refer to us, Sunday Morning Rituals, who operate the Sunday Morning Rituals online retail store and the Website and “you” refers to the individual accessing the Website.
 
By visiting or using the Website, you agree to be bound by the following terms (Terms). The Terms include our Privacy Policy and Refunds Policy and other terms and conditions that relate to your shopping experience on the Website.
 
Sunday Morning Rituals may change these Terms at any time.  You can view the most current version of the Terms at any time on this page. By continuing to use the Website and/or to purchase Sunday Morning Rituals goods, you accept the Terms as they apply and are varied from time to time.

 

1.  Terms of Sale

1.1. When you order goods from our Website you are offering to purchase those goods from us on to the terms outlined in these Terms. All orders are subject to availability.

1.2. You may order from Sunday Morning Rituals if you are aged 16 years or over and have an active email account and telephone number at which you can be contacted.  Certain products and payment methods may have different age restrictions, and this will be communicated on the Website.

1.3. Sunday Morning Rituals reserves the right to accept, refuse, cancel or limit your order for any reason at any time including due to unavailability of product, an error in the price, image or the product description, error in your order or otherwise.  If we discover:

1.3.1. an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order;

1.3.2. a good is unavailable, we will do our best to notify you where a product is unavailable prior to you completing your order, and where this is not possible, we may need to cancel your order.

1.4. If we are unable to contact you in relation to an error in your order, we will treat the order as cancelled. 

1.5. If Sunday Morning Rituals cancels your order due to circumstances in paragraph 2.3, you will receive a full refund.

1.6. Sunday Morning Rituals may vary the prices on this Website at any time, and prices are subject to change until you have paid for the goods in full, except if an error has been identified. 

1.7. When you place an order with us, you agree that the financial information and delivery information you provide to us is true, correct and accurate, that you are authorised to make the payment to place your order and that you have sufficient funds to cover the cost of the purchase of the goods.

1.8. Once an order is completed, Sunday Morning Rituals will send a confirmation email providing details of your order. This email does not constitute acceptance of your offer to purchase the goods. The contract between Sunday Morning Rituals and you will occur once your payment has been approved and received by Sunday Morning Rituals.

1.9. Sunday Morning Rituals will take all reasonable steps to ensure that all details, descriptions, product images and prices displayed on the Website are accurate, however errors sometimes may occur. While we have made every attempt to show textures, appearances and colours of our products as accurately as possible, what you see will vary depending on your monitor and computer equipment. We cannot guarantee that the product images are an exact representation of the actual products. If you're unhappy with your purchase, please review our Returns Policy. 

1.10. You can cancel your online order by contacting us provided that it has not been dispatched.  We will attempt to cancel your order without delay however occasionally it may not be possible to stop an order from being dispatched.  If your order has been dispatched please refer to our Returns Policy.

1.11. You agree that your purchase of any Sunday Morning Rituals goods is for personal use and not for wholesale or retail purposes.  Any wholesale or retail enquiries should be made directly with Sunday Morning Rituals.

2. Processing of payments

2.1. All orders are calculated in Australian Dollars (AUD) and are inclusive of GST. You must pay for your goods purchased on this Website at the time of placing an order.

2.2. Our payment methods are specified on the Website.  These include all major credit cards.  Our available payment methods may be updated from time to time.

2.3. Make sure you apply any valid discount or gift card codes during checkout to ensure it is applied.

2.4. We will always act to protect the details of your payment and purchase, however Sunday Morning Rituals will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our Website.

2.5. The Website will help secure your personal information with encryption techniques during the ordering and purchase process. Reassured your credit card information is always encrypted during any transfer across networks. 

3. Delivery

3.1. Sunday Morning Rituals wants you to start enjoying your Sunday Morning Rituals goods as soon as possible.  We will endeavour to process and deliver your order quickly but allow between 2 to 14 days from our confirmation email to receive your goods, subject always to our Shipping Policy which allows for variation in processing and delivery times for your purchase. 

3.2. We may need to contact you to verify details of your order before dispatch so please make sure your contact details are current.

3.3. Our shipping costs are calculated during checkout and will vary depending on weight and the destination.  The delivery fee is non-refundable unless the goods fail to comply with the consumer guarantee provisions of the Australian Consumer Law.

3.4. All parcels will be delivered by third-party delivery partners.  We will provide you with a tracking link so that you can follow the progress of their shipment based on the latest updates made available by the delivery partner. 

3.5. Our delivery partners will leave your parcel at your front or back door or with reception.  If this is not suitable for your circumstances, please contact us prior to completing your order.

3.6. We will make every attempt to deliver goods within the estimated timeframe however please beware that delays may occur due to unforeseen circumstances or factors that are beyond our control.  Please refer to our Shipping Policy.

4. Returns and Refunds

4.1. Sunday Morning Rituals may accept the return of certain Sunday Morning Rituals goods you have purchased from us where the goods are faulty, or you have changed your mind as outlined in our Refund Policy.

4.2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

4.3. If you think that there is a fault with the goods you have purchased from Sunday Morning Rituals, we will provide you with a full refund including the delivery fee paid provided the returns process in paragraph 4.9in our Refund Policy is followed and:

4.3.1. the good is faulty or is not of acceptable quality;

4.3.2. the good is not fit for its intended purpose; or

4.3.3. the good does not match the sample or our description.

4.4. Sunday Morning Rituals will specify in the Refund Policy any goods that cannot be returned for any reason.

4.5. If appropriate in the circumstances, Sunday Morning Rituals may elect to repair the returned good in its discretion.

4.6. Subject to our Refund Policy, when you change your mind about a Sunday Morning Rituals good you have purchased from us, you must request a return within 14 days of delivery provided the goods are returned in a saleable condition, that is, the goods have not been opened or used, is still in its original packaging, all sale tags are attached, any security seals are intact and all manuals, packaging and accessories are included.

4.7. All approved refunds will be to the monetary value of the Sunday Morning Rituals goods returned to us using the original payment method.  For example, if you purchased using a credit card, you are required to provide your credit card details.

4.8. Sunday Morning Rituals reserves the right not to offer a refund or repair where the fault is a result of misuse or neglect by you, and if you have changed your mind, Sunday Morning Rituals reserves the right not to offer a refund where the goods are not returned in a resalable form as described in our Refund Policy.  If you can’t provide proof of purchase, or verify your order, we will be unable to provide you with an exchange or refund.

4.9. It is your responsibility to pay for the costs of returning your goods to us. You must ensure that the goods are packaged to prevent any damage to the goods. We are not responsible for any goods that are returned to us in error or that are damaged in transit.

5. Use of the Website

5.1. When engaging with us, you must provide accurate, complete and up-to-date account and other information including your email address and payment details and keep these details current.

5.2. You may only use the Website for lawful purposes and your personal viewing and purchasing needs. We aim to give you a user friendly and accessible Website to assist your user experience. However, by using this Website you acknowledge and agree that you must not use the Website in any way that is against the law or that would violate the rights of any person including causing harm to the availability or accessibility of the Website.

5.3. You agree that your conduct with us and any information you provide to us including posting comments on the Website will not be unlawful in any way, infringe another’s Intellectual Property Rights or otherwise be false, misleading, offensive, defamatory, discriminatory or a breach of confidence.  You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

5.4. You must not disrupt the operation of the Website, gain unauthorised access to the Website or Content or misuse the Website or Content in any way including using malicious or technology harmful methods. In the event that Sunday Morning Rituals discovers any such misuse, we will (in our discretion) report any such breach to law enforcement authorities, including disclosing your identity to them.

5.5. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.

5.6. Sunday Morning Rituals will not be liable for loss or damage caused by a deliberate attack to disrupt, misuse, clog and prevent other users from accessing and using the Website, viruses and any other technological attack that may affect your equipment, or other property due to the use of the Website or downloading any material posted to it or on any other website linked to it.

5.7. We reserve the right to change or discontinue any feature or service on the Website at any time or suspend or remove your Website account.

6. Accuracy of Your Information

6.1. We reserve the right to do any or all of the following in relation to your account:

6.1.1. suspend your account;

6.1.2. cancel your account for any reason by providing notice to you by email; and

6.1.3.cancel your account immediately without notice to you if you have committed a breach of the Terms.

6.2. If you choose to stay signed into your account on a device including a mobile or tablet device, anyone that has access to your device could have access to your account.  We recommend that you protect your device with a password or passcode and if it is lost or stolen, you should use software or remotely clear away all personal information from your device and then change the password for your Sunday Morning Rituals account.

7. Intellectual Property

7.1. Unless otherwise stated, all content, products, images, software and designs on the Website (Content) is owned by Sunday Morning Rituals or used under licence. Subject to this paragraph 7, all Intellectual Property Rights subsisting in the Content are reserved.

7.2. You may only access and use the Content for your personal use, unless you have our written approval. You may view, download (for caching purposes) and print out any Content for your personal use. All other use, copying or reproduction of the Website or Content is prohibited (except as permitted by relevant copyright laws).

7.3. You may not publish, manipulate, distribute or otherwise reproduce, in any format, any of Content or copy Content supplied to you or which appears on this Website nor may you use any Content in connection with any business or commercial enterprise. If you seek to reproduce or use the Content in any way, it is your responsibility to obtain our approval first.

7.4. Sunday Morning Rituals has all rights, title and interest to the trademark ‘Sunday Morning’ and ‘Sunday Morning Rituals’.  The Website may also contain other trademarks, logos and trade names owned by Sunday Morning Rituals which may be registered or otherwise protected by law. You must not use any trademarks, logos or trade names which are used on the Website.

7.5. You must not attempt to reverse engineer, modify, copy, transfer, sell, distribute or disassemble any of the Sunday Morning Rituals goods, or information or Content made available or accessible to you via the Website or otherwise infringe our Intellectual Property Rights.

7.6. We reserve all of our rights to enforce our Intellectual Property Rights to the fullest extent of the law.

7.7. You agree that you have the right to make available to us any information, photographs, comments or Intellectual Property Rights you provide to us including posting comments, and you consent to, and grant us, a royalty free and perpetual licence to use the same without restriction including to edit, copy, publish, communicate, distribute, translate and otherwise use in any way and in any medium and context without Sunday Morning Rituals attributing authorship to you.

7.8. In this section, Intellectual Property Rights all rights relating to copyright, neighbouring rights, trade marks, designs, inventions including patents, confidential information including trade secrets and know how and any other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, whether registered or unregistered.

8. Third Party Content

Unless Sunday Morning Rituals says otherwise, third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Sunday Morning Rituals and you should not rely on the existence of such a connection or affiliation. Any third party trade marks featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to on the Website, it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Sunday Morning Rituals.

9. Linking and Tools

9.1. Sunday Morning Rituals welcomes links to this Website, provided that:

9.1.1. links to this Website are fair and reasonable;

9.1.2. you do not damage our reputation, or take advantage of it;

9.1.3. links are not misleading in any way and are to websites owned only by you;

9.1.4. you do not use the Sunday Morning Rituals logos or trademarks to link to this Website without our express permission;

9.1.5. you do not frame the Content or use any similar technology in relation to the Content; and

9.1.6. on the request of Sunday Morning Rituals, you will promptly delete any links to the Website which are within your control.

9.2. The Website may contain links to third party websites that may be of interest to you or make available online tools.  Please use these third party links and tools at your discretion. You will need to check the terms of use relating to these links and tools and agree to their terms. 

9.3. Sunday Morning Rituals does not sponsor or endorse any external websites or online tools. We are not responsible for the content or reliability of any linked websites or online tools and cannot guarantee that these links or tools will work all of the time or are free from risk.

9.4. Sunday Morning Rituals does not accept any liability in relation to your content or your use of or interaction with third party websites (and associate content), businesses or online tools, nor do we make any guarantee or promises regarding the content, products, services or tools that they provide.  You acknowledge and agree that these tools are provided ‘as is’ and you use them at your own risk. 

10. Privacy

10.1 We understand that privacy is important to you. All personal information you provide to us will be treated in accordance with our Privacy Policy.

10.2. Our Privacy Policy is available on our website and is incorporated into these Terms.

11. Breach of Terms

If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice:

11.1. block, suspend or limit your access to the Website or your account with us; and/or

11.2. take legal action against you.

12. Security

12.1. While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet, while stored on our electronic systems or on the Website and accordingly, you accept and acknowledge that we are not liable to you to the fullest extent permitted by law should this occur.

12.2. You accept and acknowledge that it is your responsibility to maintain the confidentiality of your password and login name registered to your account. Furthermore, you are responsible for any and all activities that occur on your account.

12.3. You agree to immediately notify us of any unauthorised use of your login name or any other breach of Website security known to you.

13. Limitation of Liability

13.1. You agree that you use the Website at your own risk and the information provided is of a general nature. 

13.2. Please ensure you conduct a patch test on your skin prior to using any of our skin products and for people with pre-existing skin conditions or sensitivities, please consult your health professional.

13.3. Subject to these Terms, we accept no responsibility and exclude all conditions, warranties or representations express or implied whether arising by statute or otherwise relating to the use of this Website, our Content or the purchase of Sunday Morning Rituals goods.  In particular, we provide no warranty that:

13.3.1. the Website will be free of defects or bugs, or that your access will be uninterrupted, timely, secure, error free or available at any time;

13.3.2.the Content is up to date, reliable or accurate; or

13.3.3. the Website or goods provided by Sunday Morning Rituals are suitable for your specific circumstances, purpose, health requirements or will meet your expectations.

13.4. Nothing in these Terms excludes, restricts or modifies any right or remedy of any State or Federal legislation applicable to the sale of goods and/or services which cannot be excluded, restricted or modified.  This may include the Australian Consumer Law.

13.5. If you are a consumer under the Australian Consumer Law (ACL) and the ACL applies, our liability under the ACL is limited to replacement, repair or the replacement cost of the goods.

13.6. To the maximum extent permitted by law, Sunday Morning Rituals is not liable for special, indirect, consequential, incidental or punitive damages or damages for loss of profits, revenue, goodwill, anticipated savings or loss or loss of data.

14. Indemnity

You agree to fully indemnify us for any loss (including consequential loss), damage cost (including but not limited to legal fees) or expense, from any and all third-party claims that we may suffer or incur as a result of or in connection with your use of, or access to or conduct in connection with the Website or our Content, or any breach by you of these Terms.

15. Contact Information

If you would like to contact the team at Sunday Morning Rituals, please email us at admin@sundaymorningrituals.com.au or use the contact page on our Website.

16. General Provisions

16.1. These Terms shall in all respects be governed by the laws of Victoria, Australia. You consent to the non-exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under these Terms.

16.2. If any provision of these Terms is deemed invalid or unenforceable, all or part of that provision will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.

16.3. These Terms constitute the entire agreement between Sunday Morning Rituals and you and supersede any and all agreements between You and Sunday Morning Rituals.

16.4. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term of any other term. Any failure to assert any right under the Terms shall not constitute a waiver of such right.

16.5. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.