Terms of service

TERMS OF SERVICE

Welcome to SHOP TO HEAVEN.

The terms “we”, “us” and “our” refer to Shop To Heaven, operated by Harpz Nexus. Shop To Heaven operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).

Shop To Heaven is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory, province or jurisdiction of residence, or that you have provided consent for any minor dependents under your responsibility to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information and shipping information.

You represent and warrant that all information you provide to us is correct, current and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account.

You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services.

However, colours, textures, fit, proportions or product appearance may differ slightly from how they appear on your screen because of your device, display settings, lighting, photography, manufacturing variations or other factors.

Where products are supplied by third-party manufacturers or fulfilment partners, minor differences may occur between batches.

Sizing may also vary between manufacturers, suppliers and individual styles. Customers should review the relevant product information and size guide before ordering.

We do not warrant that the appearance, fit or quality of any product will exactly match how it appears on a particular screen or device.

All product descriptions, specifications, availability and pricing may be changed at any time without notice.

We reserve the right to discontinue products and to limit quantities offered to any individual, geographic region or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase from Shop To Heaven.

Shop To Heaven reserves the right to accept or decline an order for legitimate business reasons.

An order is not considered accepted until we confirm acceptance and applicable payment has been processed.

Please review your order carefully before submitting it. Once an order has been accepted or sent for fulfilment, we may not be able to accommodate cancellation or modification requests.

If we do not accept an order, make a significant change to an order or cancel an order, we will attempt to notify you using the email address, billing information or contact information supplied with the order.

Purchases are subject to our Refund / Returns Policy.

You represent that purchases are for lawful personal, household or other permitted purposes and will not be used for unlawful resale, export or other prohibited activity.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice.

The price charged will generally be the price displayed when the order is placed and confirmed.

Unless otherwise expressly stated, prices may not include shipping charges, taxes, duties, customs charges or other charges imposed by third parties or authorities.

You agree to provide current, complete and accurate purchase, payment and account information.

You agree to promptly update information where necessary so that we can complete transactions and contact you regarding an order.

By providing payment information, you represent that you are authorised to use the payment method supplied and that the information provided is accurate.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times shown by Shop To Heaven are estimates unless expressly stated otherwise.

Delivery times may be affected by carriers, suppliers, fulfilment partners, customs authorities, weather, public holidays, geographic location and other circumstances outside our reasonable control.

We are not responsible for delays caused solely by third-party carriers, customs processing or circumstances outside our reasonable control, except where applicable consumer law provides otherwise.

Customers must provide an accurate shipping address.

Additional charges caused by incorrect customer information, rejected deliveries or other customer-caused delivery issues may be the customer’s responsibility where permitted by law.

Please refer to our Shipping Policy for further information.

SECTION 6 – INTELLECTUAL PROPERTY

The Services and original Shop To Heaven materials, including trademarks, branding, logos, written content, original photography, graphics, videos, layouts, designs and other creative materials, may be protected by copyright, trademark and other intellectual property laws.

Unless otherwise stated, original Shop To Heaven branding and creative materials are owned by Shop To Heaven, Harpz Nexus, their affiliates or relevant licensors.

Product images, descriptions or other materials supplied by manufacturers, suppliers, fulfilment services or other third parties may remain the intellectual property of their respective owners.

These Terms permit you to use the Services for personal and lawful use only.

You must not reproduce, republish, distribute, commercially exploit, modify or create unauthorised derivative works from protected Shop To Heaven content without prior written permission, except where permitted by law.

The names, logos, product names, service names, designs and slogans associated with Shop To Heaven and White Nexus, where applicable, must not be used in a misleading or unauthorised manner.

Shopify’s trademarks remain the property of Shopify.

All other third-party names and trademarks belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS AND FEATURES

We may provide access to third-party tools, services, integrations or technologies as part of the Services.

These may include payment services, fulfilment providers, tracking services, social-media functionality, artificial-intelligence tools, styling tools, recommendation systems or other technologies.

Where third-party tools are provided, they may be subject to the third party’s own terms and privacy policies.

Unless otherwise required by law, third-party tools may be provided “as is” and “as available”.

Your use of optional third-party tools is at your discretion and you should review the relevant provider’s terms before using them.

Shop To Heaven may also introduce new tools, resources and features in the future.

This may include fashion guidance, wardrobe tools, AI-assisted styling, product recommendations and other digital fashion experiences.

Such features will form part of the Services and will be subject to these Terms and any additional terms displayed for the relevant feature.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to websites, platforms, applications or services operated by third parties.

We are not responsible for the accuracy, availability, privacy practices or content of third-party websites that we do not control.

If you leave Shop To Heaven to access a third-party site, you do so subject to that third party’s terms.

Questions or claims specifically relating to a third-party service should also be directed to the relevant provider where appropriate.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Shop To Heaven is powered by Shopify, which provides the ecommerce infrastructure that enables us to provide the Services.

Purchases made from Shop To Heaven are transactions between the customer and Shop To Heaven / Harpz Nexus, rather than transactions with Shopify.

Shopify is not the seller of Shop To Heaven products.

Nothing in these Terms excludes rights or obligations that cannot lawfully be excluded.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Our Privacy Policy can be viewed at:

https://shoptoheaven.com/policies/privacy-policy

Because the Services are hosted using Shopify, certain information relating to your access and use of the store may also be processed by Shopify.

Shopify’s relevant privacy information may be reviewed through Shopify’s official privacy resources.

By using the Services, you acknowledge that you have had an opportunity to review our Privacy Policy.

SECTION 11 – FEEDBACK AND REVIEWS

If you submit reviews, suggestions, feedback, ideas, photographs, comments or other material to Shop To Heaven, you represent that you have the right to provide that material.

Where permitted by law, you grant us permission to use customer-submitted reviews and feedback for operating, improving or promoting Shop To Heaven.

We may moderate or remove content that is unlawful, fraudulent, abusive, defamatory, obscene, misleading, infringes third-party rights or otherwise breaches these Terms.

You remain responsible for content you submit.

You must not submit a fake review, impersonate another person, knowingly provide false information or upload malicious software.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally information displayed through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, availability, promotions, shipping costs or delivery estimates.

We reserve the right to correct errors and update information.

Where permitted by applicable law, we may cancel or correct an order where an obvious pricing, availability or other material error has occurred.

Nothing in this section limits rights that customers have under applicable consumer law.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use Shop To Heaven to violate any law; infringe intellectual property rights; harass, threaten or harm another person; transmit deliberately false or malicious information; distribute malware; conduct fraudulent activity; impersonate another person or entity; attempt unauthorised access to our systems; interfere with security measures; or misuse personal information belonging to others.

You must not systematically scrape, extract, reproduce or commercially exploit Shop To Heaven content without permission where such activity is prohibited by law or our rights.

We reserve the right to restrict access where we reasonably believe the Services are being abused or these Terms have been materially breached.

SECTION 14 – AUTOMATED SYSTEMS AND AGENTS

Automated systems, bots, agents or AI-based tools that interact with the Services must comply with applicable laws, these Terms and reasonable technical restrictions implemented by us.

Automated systems must not attempt to bypass security measures, access controls, CAPTCHAs, rate limits or other protections.

We may limit or block automated activity where necessary to protect our Services, customers, systems or intellectual property.

SECTION 15 – TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including for fraud, security threats, unlawful conduct, serious misuse of the Services or material breach of these Terms.

Amounts lawfully owed before termination remain payable.

Provisions relating to intellectual property, liability, privacy, indemnification and other matters that by their nature are intended to survive termination will continue to apply.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information available through the Services is provided for general information and shopping purposes.

Although we make reasonable efforts to keep information accurate, information may sometimes become outdated or contain errors.

To the extent permitted by applicable law, Services and products may be provided on an “as is” and “as available” basis.

However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under applicable law, including applicable Australian consumer law.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Shop To Heaven, Harpz Nexus and their directors, personnel, contractors, service providers and affiliates will not be liable for indirect, incidental, special or consequential losses arising solely from the use of the Services where such liability may lawfully be limited.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Nothing in these Terms is intended to exclude or restrict any non-excludable consumer rights or statutory guarantees.

SECTION 18 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify Shop To Heaven, Harpz Nexus and their affiliates, personnel, contractors and service providers against third-party claims arising directly from your unlawful use of the Services, your material breach of these Terms or your infringement of another person’s rights.

This obligation does not apply to losses caused by our own unlawful conduct.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted or severed where necessary.

The remaining provisions will continue in effect.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise or enforce a right under these Terms, that does not mean that we waive the right.

These Terms, together with policies and other terms incorporated by reference, form the agreement governing use of the Services.

They replace prior versions of the Terms to the extent they address the same subject matter.

SECTION 21 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms in a way that would materially prejudice Shop To Heaven without our prior consent, except where applicable law provides otherwise.

We may assign or transfer our rights or obligations as part of a legitimate business restructuring, sale, transfer or other lawful transaction, subject to applicable law.

SECTION 22 – GOVERNING LAW

These Terms are governed by the applicable laws of Victoria, Australia, and applicable laws of the Commonwealth of Australia.

Any dispute will be subject to the jurisdiction of the courts or tribunals having jurisdiction in Victoria, Australia, except where applicable consumer law gives a customer the right to bring proceedings in another jurisdiction.

SECTION 23 – HEADINGS

The headings in these Terms are included for convenience only and do not affect the interpretation of the Terms.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms of Service on this page.

We may update these Terms from time to time to reflect changes in our Services, operations, technology or legal requirements.

Where required by law, we will provide appropriate notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms, subject to applicable law.

SECTION 25 – CONTACT INFORMATION

Questions regarding these Terms of Service can be directed to:

Trade name: Shop To Heaven
Operated by: Harpz Nexus
ABN: 84 933 603 869
Address: Suite 1208, 530 Little Collins Street, Melbourne VIC 3000, Australia
WhatsApp: +61 467 001 831
General enquiries: hello@shoptoheaven.com
Returns & Complaints: support@shoptoheaven.com
Orders & Tracking: orders@shoptoheaven.com
Website: shoptoheaven.com