Terms & Conditions

OVERVIEW

This website is operated by Hampton Lane. Throughout the site, the terms “we”, “us” and “our” refer to Hampton Lane. Hampton Lane offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all 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 those 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, then 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 which are added to the current store shall 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 the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - 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 are the age of majority in your state or province of residence and you 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, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Prices are subject to change without notice.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to 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 express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be 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. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 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.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate 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 change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth 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 will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the 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 or any related website, 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.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hampton Lane, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hampton Lane and our parent, 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.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Please review our Refunds, Shipping & Privacy Policies before purchasing. By purchasing from our store, you agree with these conditions as well as the conditions set out in our Refunds, Shipping & Privacy Policies.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@hamptonlane.com.au.

 

SHIPPING TERMS & CONDITIONS

How much does shipping cost?

Most items will be posted with Australia Post or via courier. Some items may be delivered with couriers, particularly if they are sent from partner warehouses. A street address is required as well as an authority to leave will be assumed. Please note we need a street address, as we may not be able to send to PO Boxes due to the fragile nature of most items.

Hampton Lane has flat rate shipping starting from $9 for small items, with a flat rate shipping of $15 applying to most decor and gift items.

Then there is a bulky items/multiple items flat rate shipping of $25.

The next tier of flat rate shipping is for some larger/bulky/multiple items charge of $35. The next tier of flat rate shipping is for some larger/bulky/furniture items charge of $60.

Most heavy/bulky furniture items will have flat delivery fees, which can be found on the cart page shipping estimator or checkout page. These items require a street address as they are sent via a freight company. (an authority to leave is required - we cannot ask the freight forwarder to call before delivery). Delivery to front door only, not rubbish removal or assembly is included. Cannot be delivered up stairs.

We also offer free in-store pick up. You will receive an email once your items are ready to be picked up. Excludes some furniture items and items sent from partner warehouses. Pick up must occur within 2 weeks of order being received.

Some items will be marked as pick up only - we cannot post these items out due to their fragile nature. 

If we are unable to deliver to you (i.e. if you are in a remote area) we will let you know ASAP and refund your order in full.

Where do you ship to?

Shipping is only available within Australia. We use Australia Post with tracking for most of our flat rate shipping deliveries. Couriers will be used for bulk/heavy items, as well as specific products. A street address will be required, with an authority to leave automatically being chosen. If we cannot deliver to your address we will email you and refund immediately.

How long does shipping take?

Christmas - last day of orders to be delivered by Christmas - Friday 15th December 2023 (excludes WA and NT)

All orders are processed within 3 business days, excluding public holidays. Deliveries can vary from 2 to 7 business days. Please allow up to 10 business days for rural areas. Bulky items may take longer as they are sent by courier. The product listing will state if the delivery will take longer than expected.
All items are checked and carefully packaged before dispatch.

What do I do if my order is damaged or lost?
In the case of an item being lost in transit, or arriving broken or faulty, please get in contact with us within 48 hours of receiving the delivery so that we can investigate. We may request photos of the faulty/broken item to help us better understand the situation. 
PLEASE NOTE - It is important that you inspect the items when the delivery arrives. If there are obvious signs of damage to outer packaging, do not accept delivery or sign for receipt and please email us at hello@hamptonlane.com.au

RETURNS & REFUNDS TERMS & CONDITIONS

Hampton Lane is dedicated to provide the best customer service. We understand that there may come a time where you need to return a purchase from us and we want to make the returns process as simple and easy as possible for you.

Can I return my item if I change my mind?
Hampton Lane provides its customers with a 7 day period for change of mind returns.* Please contact us prior to returning your items. Hampton Lane reserves the right to charge a restocking fee and recoup additional shipping costs.
If you have changed your mind about your purchase, Hampton Lane will be pleased to offer you a credit note or exchange provided that:
You return the item within 7 days of delivery (return postage at buyers cost)
You produce a satisfactory proof of purchase (being your original register receipt or online proof of purchase, such as a tax invoice)
The item wasn’t on sale or clearance
The item is in re-saleable condition, including its original packaging (if any), is unused and as sold

*Please note change of mind returns are not available for the following items:
Gift cards
Rugs
Furniture
Doormats
Jewellery
Items shipped from our partner warehouses
Sale or Clearance items
Custom or Special Order products
Engraved items

How do I return my item?
For purchases in store, items can be returned to the store. For online orders, you will be responsible for paying all shipping costs for returning your item. Please contact us prior to returning your items. Hampton Lane reserves the right to charge a restocking fee and recoup additional shipping costs. Shipping costs are non-refundable on change of minds.
If you are shipping an item to be returned, you should consider using a trackable shipping service and/or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

How will I receive the refund?

Refunds are only given to damaged items, not change of mind. Refunds can only be paid in the same tender as the original purchase or refunded to the account used to pay for the item.
Where a credit card attached to an original purchase cannot be produced, the refund will be processed to a Hampton Lane Gift Card. Any refunds given will have Afterpay and Zip Payments fees deducted. 

CREDIT CARD
Where the original purchase was made via credit card, refunds will be processed to the same card originally used only, and not to cash or gift card. Once we process the refund, it can take up to 10 business days to reach your account. 

AFTERPAY (minimum purchase amount $100)
Where the original purchase was made via Afterpay, refunds will be processed to Afterpay only, and not to credit card, cash or gift card. For more information, please contact Afterpay on 1300 100 729 or visit the Afterpay website: https://www.afterpay.com/en-AU/terms

ZIP PAYMENTS (minimum purchase amount $100)
Where the original purchase was made via Zip, refunds will be processed to Zip only, and not to credit card, cash or gift card. For more information, please contact Zip on 02 8294 2345 or visit the Zip website: https://zip.co/au/page/terms-and-conditions

PAYPAL
Where the original purchase was made via PayPal, refunds will be processed to PayPal only, and not to credit card, cash or gift card. For more information, please contact PayPal on 1800 073 263 or visit the PayPal website: https://www.paypal.com/au/home

What should I do if my item is damaged?
All items are checked and carefully packaged before dispatch.
In the case of an item being lost in transit, or arriving broken or faulty, please get in contact with us within 48 hours of receiving the delivery so that we can investigate. We may request photos of the faulty/broken item to help us better understand the situation. 

PLEASE NOTE - It is important that you inspect the items when the delivery arrives. If there are obvious signs of damage to outer packaging, do not accept delivery or sign for receipt and please email us at hello@hamptonlane.com.au

 

What about any other return?
For any other returns, please contact us and be sure to include the item, order number, and reason for the return. You must provide proof of purchase to make a claim and Hampton Lane reserves the right to decline an exchange, refund or repair where a fault is caused by misuse or neglect. We reserve the right to charge a restocking fee or repackaging fee when applicable.
The Australian Consumer Law protects consumers by giving them certain guarantees when they buy goods and services. These are known as “Consumer Guarantees”. For further information, please refer to the Australian Competition and Consumer Commission website.

Please review our Shipping, Terms of Service & Privacy Policies before purchasing. By purchasing from our store, you agree with these conditions as well as the conditions set out in our Shipping, Terms of Service & Privacy Policies.

PRIVACY POLICY

This Privacy Policy describes how www.hamptonlane.com.au (the “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Site.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

  • Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
  • Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
  • Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels [ADD OR SUBTRACT ANY OTHER TRACKING TECHNOLOGIES USED].
  • Disclosure for a business purpose: shared with our processor Shopify [ADD ANY OTHER VENDORS WITH WHOM YOU SHARE THIS INFORMATION].

Order information

  • Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers [INSERT ANY OTHER PAYMENT TYPES ACCEPTED]), email address, and phone number.
  • Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: shared with our processor Shopify [ADD ANY OTHER VENDORS WITH WHOM YOU SHARE THIS INFORMATION. FOR EXAMPLE, SALES CHANNELS, PAYMENT GATEWAYS, SHIPPING AND FULFILLMENT APPS].

Customer support information

  • Examples of Personal Information collected: [MODIFICATIONS TO THE INFORMATION LISTED ABOVE OR ADDITIONAL INFORMATION AS NEEDED]
  • Purpose of collection: to provide customer support.
  • Source of collection: collected from you.
  • Disclosure for a business purpose: [ADD ANY VENDORS USED TO PROVIDE CUSTOMER SUPPORT]

[INSERT ANY OTHER INFORMATION YOU COLLECT: OFFLINE DATA, PURCHASED MARKETING DATA/LISTS]

[INSERT FOLLOWING SECTION IF AGE RESTRICTION IS REQUIRED]

Minors

The Site is not intended for individuals under the age of [INSERT AGE]. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

  • We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
  • We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
  • [INSERT INFORMATION ABOUT OTHER SERVICE PROVIDERS]

[INCLUDE FOLLOWING SECTION IF USING REMARKETING OR TARGETED ADVERTISING]

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • [INSERT IF APPLICABLE] We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
  • [INSERT IF YOU USE A THIRD PARTY MARKETING APP THAT COLLECTS INFORMATION ABOUT BUYER ACTIVITY ON YOUR SITE] We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).
  • [INSERT OTHER ADVERTISING SERVICES USED]

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

[INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED. COMMON LINKS INCLUDE:

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

[INCLUDE THE FOLLOWING SECTION IF YOUR STORE IS LOCATED IN OR IF YOU HAVE CUSTOMERS IN EUROPE]

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

[INCLUDE ALL THAT APPLY TO YOUR BUSINESS]

  • Your consent;
  • The performance of the contract between you and the Site;
  • Compliance with our legal obligations;
  • To protect your vital interests;
  • To perform a task carried out in the public interest;
  • For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We [DO/DO NOT] engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

  • Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
  • Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

[INCLUDE THE FOLLOWING SECTION ONLY IF YOU SELL PERSONAL INFORMATION, AS DEFINED BY THE CALIFORNIA CONSUMER PRIVACY ACT]

Selling Personal Information

Our Site sells Personal Information, as defined by the California Consumer Privacy Act of 2018 (“CCPA”).

[INSERT:

  • CATEGORIES OF INFORMATION SOLD;
  • INSTRUCTIONS ON HOW TO OPT-OUT OF SALE;
  • WHETHER YOUR BUSINESS SELLS INFORMATION OF MINORS (UNDER 16) AND WHETHER YOU OBTAIN AFFIRMATIVE AUTHORIZATION;
  • IF YOU PROVIDE A FINANCIAL INCENTIVE TO NOT SELL INFORMATION, PROVIDE INFORMATION ABOUT WHAT THAT INCENTIVE IS.]

Your rights

[INCLUDE FOLLOWING SECTION IF YOUR STORE IS LOCATED IN OR IF YOU HAVE CUSTOMERS IN EUROPE]

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below [OR INSERT ALTERNATIVE INSTRUCTIONS FOR SENDING ACCESS, ERASURE, CORRECTION, AND PORTABILITY REQUESTS].

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

[INCLUDE FOLLOWING SECTION IF YOUR BUSINESS IS SUBJECT TO THE CALIFORNIA CONSUMER PRIVACY ACT]

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below [OR INSERT ALTERNATIVE INSTRUCTIONS FOR SENDING ACCESS, ERASURE, CORRECTION, AND PORTABILITY REQUESTS].

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following cookies to optimize your experience on our Site and to provide our services.

Cookies Necessary for the Functioning of the Store

Name

Function

_ab

Used in connection with access to admin.

_secure_session_id

Used in connection with navigation through a storefront.

cart

Used in connection with shopping cart.

cart_sig

Used in connection with checkout.

cart_ts

Used in connection with checkout.

checkout_token

Used in connection with checkout.

secret

Used in connection with checkout.

secure_customer_sig

Used in connection with customer login.

storefront_digest

Used in connection with customer login.

_shopify_u

Used to facilitate updating customer account information.

Reporting and Analytics

Name

Function

_tracking_consent

Tracking preferences.

_landing_page

Track landing pages

_orig_referrer

Track landing pages

_s

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_p

Shopify analytics relating to marketing & referrals.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

[INSERT OTHER COOKIES OR TRACKING TECHNOLOGIES THAT YOU USE]

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email address] or by mail using the details provided below:

Hampton Lane, 472 Whitehorse Road, Mitcham VIC 3132, Australia

Last updated: [DATE]

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: [ADD CONTACT INFORMATION OR WEBSITE FOR THE DATA PROTECTION AUTHORITY IN YOUR JURISDICTION. FOR EXAMPLE: https://ico.org.uk/make-a-complaint/]

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