Terms of service

Welcome to Cluve Sydney.

These Terms of Service govern your access to and use of cluvesydney.com and your purchase of products from our online store.

By accessing our website, creating an account or placing an order, you agree to these Terms of Service and the policies referenced in them.

COMPANY INFORMATION

Cluve Sydney is a brand operated by:

E-commercer Sales e Coelho Promoção de Vendas LTDA

CNPJ: 38.476.922/0001-42

Registered Business Address:

Avenida Paulista, 171 – 4th Floor
Bela Vista, São Paulo – SP
01311-904
Brazil

Email: support@cluvesydney.com

Website: https://cluvesydney.com

Throughout these Terms, “Cluve Sydney”, “we”, “us” and “our” refer to E-commercer Sales e Coelho Promoção de Vendas LTDA, trading as Cluve Sydney.

ELIGIBILITY

You must be at least the age of majority in your state, territory or country of residence to place an order.

If you allow a minor to use this website, you are responsible for supervising their use where permitted by law.

You may not use our website, products or services for an unlawful or unauthorised purpose.

PRODUCT INFORMATION

We make reasonable efforts to present product descriptions, specifications, images, colours, availability and other information accurately.

Colours and appearance may vary slightly depending on lighting, photography, screen settings and manufacturing variations.

Product images are provided to help illustrate the product. They should be considered together with the written product description and specifications.

Products must be used in accordance with the instructions and warnings provided with the product.

Individual experiences and results may vary.

PRODUCT AVAILABILITY

Products are offered subject to availability.

We may update, replace or discontinue a product. Changes will not affect an order that we have already accepted, except where a product becomes unavailable or another issue prevents fulfilment.

If we cannot fulfil an accepted order, we will contact you and provide an appropriate refund for the unavailable product.

PRICES AND CURRENCY

Unless otherwise stated, prices on our website are displayed in Australian Dollars (AUD).

The applicable product price, shipping cost and order total will be shown during checkout before payment is submitted.

We may change prices and promotions at any time. A change will not affect an order that has already been accepted and paid, except where there is an obvious pricing or technical error.

Promotional prices, discount codes and bundle offers are subject to the conditions displayed with the relevant promotion.

We make reasonable efforts to ensure prices are accurate. If an obvious pricing error occurs, we may contact you before fulfilment to offer the option of confirming the order at the correct price or receiving a full refund.

ORDERS

An order submitted through our website is an offer to purchase the selected products.

Receiving an order confirmation does not necessarily mean that the order has been dispatched.

We may refuse or cancel an order where reasonably necessary, including because of:

• Product unavailability.

• An obvious pricing or product information error.

• Payment authorisation failure.

• Suspected fraud or unauthorised payment activity.

• Delivery restrictions.

• A quantity that reasonably appears to be intended for unauthorised resale.

If we cancel an order after payment has been collected, we will refund the amount paid for the cancelled products to the original payment method.

We will use the contact information provided during checkout to notify you about material order changes or cancellations.

CUSTOMER INFORMATION

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

You are responsible for checking your:

• Product selection.

• Quantity.

• Delivery address.

• Email address.

• Telephone number.

Contact support@cluvesydney.com as soon as possible if information needs to be corrected.

We cannot guarantee that an address or order can be changed after fulfilment has begun.

PAYMENTS

Payments are processed through Shopify and authorised third-party payment providers.

You confirm that you are authorised to use the payment method submitted with the order.

Payment may be subject to fraud prevention, identity verification and authorisation checks by payment providers.

We do not directly store complete payment card details on our own servers.

SHIPPING AND DELIVERY

Orders are normally processed within 1–2 business days.

Estimated delivery is normally 4–8 business days after dispatch. The total estimated delivery time is generally 5–10 business days.

Business days exclude weekends and applicable public holidays.

Delivery estimates may be affected by circumstances outside our reasonable control, including carrier delays, weather, customs procedures, security inspections, public holidays, address errors and unusually high order volumes.

We will provide tracking information where available.

Shipping costs, delivery coverage, fulfilment origin and additional delivery conditions are described in our Shipping Policy.

Delivery estimates are not guaranteed dates. However, nothing in this section limits any right or remedy available where an order is not supplied within a reasonable time or within a time required by applicable law.

Customers are responsible for providing a complete and accurate delivery address.

If a parcel is returned because of an incorrect or incomplete address, refused delivery or failure to collect it, contact us so that we can review the available options. Any additional charge will only apply where permitted by law and clearly communicated to the customer.

ORDER CANCELLATIONS

You may request cancellation before dispatch by contacting:

support@cluvesydney.com

We will make reasonable efforts to process the request, but cancellation cannot be guaranteed once fulfilment has begun.

After dispatch, an order cannot normally be cancelled in transit. You may request a return after delivery in accordance with our Return and Refund Policy.

RETURNS, REFUNDS AND WARRANTIES

Our 90-Day Satisfaction Guarantee, return process, free return shipping, refund timeframe and product warranty are described in our Return and Refund Policy.

The Return and Refund Policy forms part of these Terms.

Nothing in these Terms or our Return and Refund Policy excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

AUSTRALIAN CONSUMER LAW

Products sold to consumers in Australia may come with automatic consumer guarantees under the Australian Consumer Law.

These rights are separate from and additional to our voluntary 90-Day Satisfaction Guarantee and 90-Day Limited Product Warranty.

Where the Australian Consumer Law applies, consumers may be entitled to a repair, replacement, refund, compensation or another remedy depending on the circumstances and whether a failure is major or minor.

Consumer guarantees may continue for a reasonable period after the end of a voluntary warranty.

Nothing in these Terms limits any right or remedy available under the Australian Consumer Law.

ACCEPTABLE USE

You must not:

• Use the website for unlawful, fraudulent or abusive activities.

• Attempt to gain unauthorised access to the website, accounts, servers or systems.

• Introduce malicious code, viruses or other harmful technology.

• Interfere with the security or operation of the website.

• Scrape, copy or extract website content through automated means without permission, except where permitted by law.

• Submit false, misleading or fraudulent information.

• Infringe our rights or the rights of another person.

We may restrict access to the website where reasonably necessary to protect customers, systems, legal rights or website security.

INTELLECTUAL PROPERTY

Unless otherwise stated, content on this website—including text, graphics, logos, designs, product photographs, videos and branding—is owned by or licensed to Cluve Sydney.

You may access and use the website for personal, non-commercial shopping purposes.

You may not copy, reproduce, publish, distribute, sell, modify or commercially exploit website content without prior written permission, except where permitted by law.

Reviews, photographs or other content submitted by customers remain subject to applicable rights and permissions. We will not publish customer content for marketing purposes without an appropriate legal basis or permission.

THIRD-PARTY SERVICES AND LINKS

Our website may use or contain links to services operated by third parties, including Shopify, payment providers, shipping providers, analytics services and advertising platforms.

Third-party services may be governed by their own terms and privacy policies.

We are not responsible for the independent content or practices of a third-party website that we do not control.

This section does not limit our responsibilities for service providers where those responsibilities cannot legally be excluded.

PRIVACY

Our collection, use, disclosure and protection of personal information are described in our Privacy Policy.

The Privacy Policy forms part of these Terms.

WEBSITE AVAILABILITY

We aim to keep the website available and functioning properly.

We may temporarily suspend or restrict access for maintenance, security, technical problems or circumstances outside our reasonable control.

We do not guarantee that the website will always be available without interruption or error.

This section does not affect orders already accepted or consumer rights that cannot legally be excluded.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, we are not responsible for indirect or consequential losses that were not reasonably foreseeable and were not caused by our failure to comply with an applicable legal obligation.

Nothing in these Terms excludes, restricts or modifies:

• Liability for fraud or fraudulent misrepresentation.

• Liability for death or personal injury where it cannot legally be excluded.

• Rights or remedies under the Australian Consumer Law.

• Any other liability, consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified.

Where liability can legally be limited, any limitation will apply only to the extent permitted by applicable law.

INDEMNITY

You are responsible for losses reasonably suffered by us as a direct result of your unlawful use of the website, fraud, intentional misconduct or material breach of these Terms.

This section does not require a consumer to compensate us for losses caused by our own acts, omissions or legal non-compliance.

CHANGES TO THESE TERMS

We may update these Terms to reflect changes to our business, website, services or legal obligations.

Updated Terms will be published on this page with a revised “Last Updated” date.

Changes will apply prospectively from the date they are published.

The Terms in effect when an order is placed will generally continue to apply to that order, unless a change is required by law or is agreed with the customer.

Continued use of the website after updated Terms are published means the updated Terms apply to future website use. It does not remove rights relating to a previously accepted order.

SEVERABILITY

If a provision of these Terms is found to be invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.

The remaining provisions will continue to apply.

NO WAIVER

If we do not immediately enforce a provision of these Terms, this does not mean that we waive the right to enforce it later.

GOVERNING LAW

These Terms are governed by the laws applicable to E-commercer Sales e Coelho Promoção de Vendas LTDA in Brazil.

However, this choice of law does not exclude, restrict or modify any mandatory consumer protection or other legal rights available in the customer’s country, state or territory of residence.

Customers in Australia retain all mandatory rights and remedies available under the Australian Consumer Law.

DISPUTE RESOLUTION

If you have a concern about an order, product or these Terms, contact us first at:

support@cluvesydney.com

We will make reasonable efforts to review and resolve the issue directly with you.

Nothing in this section prevents a consumer from contacting an applicable consumer protection authority, regulator, tribunal or court where permitted by law.

CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Cluve Sydney

Operated by E-commercer Sales e Coelho Promoção de Vendas LTDA