Terms of service
Welcome to FRANCIA RAPHAELA! The terms “we”, “us” and “our” refer to FRANCIA RAPHAELA. FRANCIA RAPHAELA 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”). FRANCIA RAPHAELA is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), 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 consumer guarantees, limitations of liability, and dispute resolution.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. 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 18 years old (the age of majority in Australia), and you have given us your consent to allow any of your minor dependents 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 of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will be exactly as depicted. All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction.
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law (ACL).
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. FRANCIA RAPHAELA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until FRANCIA RAPHAELA confirms acceptance and we have received and processed your payment.
Please review your order carefully before submitting. We may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided.
Your purchases are subject to return or exchange in accordance with our Refund Policy [LINK] and your rights under the ACL.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices are in Australian dollars (AUD) and include Goods and Services Tax (GST) where applicable.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed. While we will make every effort to deliver your order within the estimated timeframes, delays may occur due to postal or courier delays, customs processing, or events beyond our control.
Risk of loss and title to products pass to you when the products are delivered to the address you provide. However, your rights under the ACL apply if products are damaged, faulty, or not as described.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by FRANCIA RAPHAELA, its affiliates or licensors and are protected by Australian and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material without our prior written consent.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over. These are provided “as is” and “as available” without any warranties.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites or services. We are not responsible for the content, accuracy, or availability of these third-party sites. Accessing them is at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
FRANCIA RAPHAELA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with FRANCIA RAPHAELA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of your transactions with FRANCIA RAPHAELA.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here .
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or proposals (“Feedback”), you grant us a licence to use it for business purposes, including promotion, improvement and development of our Services.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to update information or cancel orders if necessary.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services:
- For unlawful or malicious purposes;
- To violate any Australian laws or regulations;
- To infringe our intellectual property or that of others;
- To harass, abuse, defame, insult, or harm others;
- To transmit spam, malware or misleading information.
We reserve the right to suspend, disable, or terminate your account if you violate these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at our sole discretion at any time without notice. The following sections will continue to apply after termination: Intellectual Property, Feedback, Limitation of Liability, Indemnification, Governing Law.
SECTION 15 - AUSTRALIAN CONSUMER LAW AND WARRANTIES
Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights or remedies you may have under the Australian Consumer Law (ACL).
Except as required by the ACL, the Services and all products are provided “as is” and “as available” without warranties of any kind.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, FRANCIA RAPHAELA, our directors, officers, employees and service providers are not liable for any indirect, incidental or consequential loss, except where such liability cannot be excluded under the ACL.
Where liability cannot be excluded, our liability is limited, at our option, to:
- replacement of the goods;
- repair of the goods; or
- refund of the purchase price.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless FRANCIA RAPHAELA, Shopify, and their affiliates from any claims, losses or damages arising from your breach of these Terms or misuse of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms, together with our policies, constitute the entire agreement between you and us.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our consent. We may assign our rights and obligations without notice.
SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts and courts of appeal.
SECTION 22 - HEADINGS
Headings are for convenience only and do not affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms at any time. It is your responsibility to check this page periodically. Material changes will be notified in accordance with Australian law.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
FRANCIA RAPHAELA📧 Email: support@franciaraphaelaphotography.com
📍 Address: PO Box 5124 Bentleigh East Vic 3165
📝 ABN: 30306632091