Terms of sale

OVERVIEW

This website is operated by EarPro (referred to as "EarPro", "we", "us", "our"). EarPro offers this website, including all information, tools and services available on it, to you, the user, on the condition that you accept all of 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 these Terms of Service ("Terms"). These Terms apply to all users of the site without limitation.

Please read these Terms carefully before accessing or using our site. If you do not agree to all of the Terms, you may not access the site or use our services. Any new features or tools added to the store will also be subject to these Terms. We may update these Terms at any time by posting a new version on the site.

Our store is hosted by Shopify Inc., which provides us with the online e-commerce platform.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or territory of residence, or that you have given your consent to allow any minor dependants to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction when using the Service. You must not transmit any viruses or any code of a destructive nature. Any breach may result in immediate termination of your Services.

SECTION 2 - 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 transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information available on this site is not accurate, complete or current. Content is provided for general information only and should not be relied upon as the sole basis for decisions. Your use of the information on this site is at your own risk. Product images are not contractual — the parcel received may differ.

We may modify the content at any time without any obligation to update it. It is your responsibility to monitor any changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice and without liability to you or any third party.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online and in limited quantities. Returns and exchanges are governed by our Return Policy.

We have made every effort to display the colours and images of our products accurately. We cannot guarantee that your screen will display colours accurately.

We reserve the right to limit the sale of our products or services to any person, region or jurisdiction, and to limit quantities. Descriptions and prices may change at any time. Any offer is void where prohibited.

We do not guarantee that the quality of any products or services will meet your expectations, or that any errors will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may refuse any order or limit and/or cancel quantities purchased per person, per household or per order (including orders placed under the same account, card, or billing/delivery address). If we make a change to or cancel an order, we may attempt to contact you using the details provided.

You agree to provide current, complete and accurate purchase and account information, and to promptly update it to allow us to process transactions and contact you as needed.

For more details, please see our Return Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge that such tools are provided "as is" and "as available" without warranties or liability of any kind. Any use of optional tools is entirely at your own risk and is subject to the terms of the relevant third-party providers.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include third-party materials. Links may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party sites or materials, nor for any transactions conducted with them. Please review their policies and practices before engaging in any transaction. Any claims regarding third-party products should be directed to the relevant third party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy (see the dedicated page on earpro-australia.com).

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the site or Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors and to modify, update or cancel orders where any information is inaccurate, at any time and without prior notice (including after an order has been placed).

We do not commit to updating or clarifying information except as required by law.

SECTION 11 - PROHIBITED USES

In addition to the prohibitions set out above, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to violate any applicable regulations; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, defame or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect personal information of others; (i) for spam, phishing or scraping; (j) for any obscene or immoral purpose; (k) to circumvent security measures. We may terminate your access to the Service for violations.

SECTION 12 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that your use of the Service will be uninterrupted, secure or error-free, or that results will be accurate or reliable. You agree that we may suspend or discontinue the Service at any time without notice.

The Service and all products provided to you are offered "as is" and "as available", without any express or implied warranties of any kind (including merchantability, fitness for a particular purpose, durability, title or non-infringement).

To the extent permitted by law, EarPro, its officers, employees, affiliates, agents, suppliers and service providers shall not be liable for any indirect, incidental, special, consequential or punitive damages (including loss of profit, revenue, data or replacement costs) arising from your use of the Service or products. In jurisdictions where such exclusions or limitations do not apply, our liability is limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless EarPro, its subsidiaries, partners, officers, directors, agents, service providers and employees from any third-party claim arising out of your breach of these Terms, any applicable law, or the infringement of any third party's rights.

SECTION 14 - SEVERABILITY

If any provision of these Terms is found to be unlawful, void or unenforceable, it shall remain enforceable to the fullest extent permitted, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.

SECTION 15 - TERMINATION

Obligations arising prior to the termination date shall survive termination. These Terms remain in effect until terminated by you or by us. You may terminate by ceasing to use the site and notifying us accordingly. In the event of a breach, we may terminate without notice and you remain liable for all amounts due up to and including the termination date.

SECTION 16 - ENTIRE AGREEMENT

These Terms and all policies published on the site constitute the entire agreement between you and us and supersede any prior agreements. Any ambiguity shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

These Terms and any separate agreements through which we provide you services are governed by the laws of Australia. The mandatory consumer protection provisions of the customer's country of residence may also apply, including the Australian Consumer Law (ACL).

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right to update, modify or replace any part by posting changes on the site. Your continued use of the site following any changes constitutes your acceptance of those changes.

SECTION 19 - CONTACT

Questions about the Terms of Service should be sent to: earpro-australia@hotmail.com