Terms of Service
OVERVIEW
This website is operated by Oloa Samoa (Australia). Throughout the site, the terms "we," "us," and "our" refer to Oloa Samoa (Australia). Oloa Samoa (Australia) offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our 'Service' and agree to be bound by the following terms and conditions (Terms of Service, Terms), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you have reached the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws) when using the Service. You must not transmit any worms or viruses or any code of a destructive nature. Any breach or violation of these Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We strive to provide accurate, complete, and up-to-date information on this site. However, we cannot guarantee the accuracy, completeness, or timeliness of the information provided. The material on this site is intended for general informational purposes only and should not be solely relied upon for making decisions. We recommend consulting primary sources or more reliable and current information before making any important decisions. Your reliance on the material on this site is at your own risk. Please note that certain information on this site may be historical and provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. It is your responsibility to monitor any changes made to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We shall not be held liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and are subject to our Return Policy for return or exchange. We have taken every effort to accurately display the colours and images of our products available in the store. However, we cannot guarantee that the colours displayed on your computer monitor will be completely accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at our sole discretion, without notice. We reserve the right to discontinue any product at any time. Any offers for products or services made on this site are void where prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations. We also do not guarantee that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These limitations may apply to orders placed using the same customer account, credit card, billing, and/or shipping address. If we make changes to or cancel an order, we will make reasonable efforts to notify you via the email address or billing address/phone number provided at the time of placing the order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. It is your responsibility to provide current, complete, and accurate purchase and account information for all transactions made on our store. Please ensure that your account and other information, including email address, credit card numbers, and expiration dates, are promptly updated to enable us to complete your transactions and contact you as necessary. For more detailed information, please review our Returns Policy.
OPTIONAL TOOLS
We may offer you access to third-party tools that we neither monitor nor control. You acknowledge and agree that the use of such tools is at your own risk and discretion. We provide access to these tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without endorsing them. We shall not be held liable for any issues arising from or related to your use of optional third-party tools. It is your responsibility to review and approve the terms and conditions provided by the relevant third-party provider(s) before using any optional tools offered through the site. Additionally, any new services or features offered through the website in the future, including the release of new tools and resources, will also be subject to these Terms of Service.
THIRD-PARTY LINKS
The Service may include content, products, and services from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We have no control over or responsibility for examining or evaluating the content or accuracy of these third-party materials or websites. We do not warrant or assume any liability for any third-party materials, products, or services. Any transactions or interactions you engage in with third-party websites are solely at your own risk. Before engaging in any transaction, carefully review the policies and practices of the third-party and ensure that you understand them. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you provide us with specific submissions at our request (such as contest entries) or without our request, including creative ideas, suggestions, proposals, plans, or other materials, whether through online channels, email, postal mail, or other means (collectively, "comments"), you agree that we may use, edit, copy, publish, distribute, translate, and otherwise utilize these comments in any medium and at any time without restriction. We have no obligation to maintain any comments in confidence, compensate you for any comments, or respond to any comments. We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service. You agree that your comments will not infringe upon any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, your comments shall not contain libellous, unlawful, abusive, or obscene material, or any computer viruses or malware that could impact the operation of the Service or any related website. You must not use a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no liability and accept no responsibility for any comments posted by you or any third party.
PERSONAL INFORMATION
Any personal information you provide through the store is subject to our Privacy Policy. You can view our Privacy Policy for more information.
ERRORS, INACCURACIES AND OMISSIONS
At times, there may be typographical errors, inaccuracies, or omissions in the information provided on our site or within the Service. These may pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information in the Service or on any related website is found to be inaccurate, without prior notice (including after you have submitted your order). However, we have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date should not be interpreted as an indication that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that could be used in any way to affect the functionality or operation of the Service, related websites, other websites, or the Internet; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Nor do we warrant that the results obtained from the use of the service will be accurate or reliable. You acknowledge that from time to time, we may remove the service for indefinite periods or cancel it without prior notice to you. By using the service, you expressly agree that any risks associated with its use or your inability to use it are solely your responsibility. The service, along with all products and services delivered through it, are provided "as is" and "as available" unless expressly stated otherwise by us. We do not provide any representation, warranties, or conditions of any kind, either express or implied, including but not limited to the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no event shall Oloa Samoa, our Founders, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages arising from your use of the service or any products procured through it, or any other claim related to your use of the service or any product, even if we have been advised of the possibility of such damages. This limitation of liability applies to any legal theory of liability, including contract, tort (including negligence), strict liability, or otherwise. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you to the fullest extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend, and hold Oloa Samoa, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. This determination shall not affect the validity and enforceability of any remaining provisions.
TERMINATION
The rights and obligations of both parties prior to the termination date will continue to apply even after the termination of this agreement. These Terms of Service remain in effect unless terminated by either you or us. You have the option to terminate these Terms of Service at any time by informing us of your decision to discontinue using our Services or by ceasing to use our site. In our sole discretion, if we determine that you have failed to comply with any terms or provisions of these Terms of Service or if we suspect such failure, we may terminate this agreement at any time without prior notice. In such cases, you will remain responsible for any outstanding amounts due up to and including the termination date. Additionally, we may deny you access to our Services, or any part thereof, accordingly.
ENTIRE AGREEMENT
The failure of our failure to enforce any right or provision in these Terms of Service does not waive that right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or relating to the Service, constitute the complete agreement and understanding between you and us, governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any earlier versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party responsible for drafting them.
GOVERNING LAW
These Terms of Service and any separate agreements through which we provide you with Services will be governed by and interpreted in accordance with the laws of Australia.
CHANGES TO TERMS OF SERVICE
You can access the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically review our website for any changes. Your continued access to or use of our website or the Service after the posting of any changes to these Terms of Service signifies your acceptance of those changes.
SHIPPING AND DELIVERY
How much is postage?
Flat rate of $9.99 for Standard Shipping
Flat rate of $13.99 for Express Shipping (this does not speed up production time. Just the time it takes to receive the parcel via Australia Post). Please allow 2-4 business days to dispatch the order.
International postage is subjected to Auspost pricing and freight costs, please refer to their website for a more accurate estimate.
We do not offer overnight shipping. Standard free shipping is available for orders over $100, or we may occasionally offer free shipping as part of a special promotion. We cannot ship to countries outside Australia or the Northern Territory when ordering through our Australian website.
Who is your delivery provider?
All orders are delivered by Australia Post. You will receive an email AusPost with an AusPost tracking number once your order has been shipped.
Where do you ship from?
We ship from Sydney, Australia.
How long does it take to process my order?
Please allow 2-4 business days to process and dispatch orders. We are a small team and work as fast as we can. Processing time is an additional time from shipping delivery times. Express shipping does not speed up the processing time.
What are your delivery times?
We recommend allowing up to 7 to 10 days for delivery from the date we ship your order. If you do not receive your order within this timeframe, please contact us via the contact us page. Your personal information (name, shipping address and phone number) will be used, as provided by you, to deliver your package.
Oloa Samoa does not accept any responsibility for delivery times, and we cannot refund items that arrive later than required. However, you may return them at your cost (exclusions may apply).
Please check auspost.com for standard and express shipping times
All parcels will be delivered to the provided address and will require a signature on the receipt. Where no one is home to sign for the parcel, a card will be left detailing the nearest Australia Post outlet where the parcel can be collected during regular business hours. You will be notified via email if there are any delays in obtaining any items on your order. Order processing and delivery times may vary during peak times such as Christmas, Valentine’s Day, Mother’s Day, Father’s Day and some catalogue promotions. Contact us for more information.
A customer has 30 days to claim goods not received at the provided address.
REFUND AND EXCHANGES
If you have mistakenly purchased the wrong Oloa Samoa product on the oloasamoa.com.au or oloasamoa.com website, we will gladly give you a full refund within 7 days of purchase upon receipt of returned product. Please contact our customer service team via the contact us page for details on how to return the product.
Unfortunately, we are unable to offer refunds for any opened products. The customer is responsible for any shipping charges on returned goods unless the item(s) being returned are a result of an error on behalf of Oloa Samoa (oloasamoa.com.au) or (oloasamoa.com). Oloa Samoa takes care of packaging all orders securely. However, occasionally, product boxes may be damaged whilst in transit; therefore, we do not offer refunds on products if its box is damaged. Please contact Customer Service by email or phone via the Contact Us page to obtain details on how to make a claim for a refund or exchange.
All claims are individually assessed, and all approved returns are credited back to the original credit card used to make the purchase.
Oloa Samoa reserves the right to:
Assess the condition and age of returned goods prior to providing a repair, exchange or refund. This may result in a repair, exchange or refund being refused.
Please note:
- Your original emailed Oloa Samoa purchase receipt is the best form of proof of purchase
● Refunds will be issued using your original payment method
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@oloasamoa.com.au