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Terms & conditions
These Terms of Service (“Terms”) govern your access to and use of the SHIKIMONO online store, website, products and services operated by Shiki to Ori (Hong Kong) Limited (“we”, “us”, “our” or “SHIKIMONO”). By accessing our website, browsing our products, creating an account, placing an order or otherwise using our services, you agree to be bound by these Terms, together with our Privacy Policy, Shipping Policy, Returns and Refund Policy and any other policies displayed on our website. If you do not agree to these Terms, please do not use our website or purchase products from us. Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified. 1. Business Information This website is operated by: Business name: Shiki to Ori (Hong Kong) Limited Trading name: SHIKIMONO Registered address: RM 509, 5/F THE CLOUD 111, TUNG CHAU ST, TAI KOK TSUI, HONG KONG Contact email: support@shikimono.com 2. Scope of These Terms These Terms apply to all users of our website, including browsers, customers, account holders and any other person who accesses or uses our website. Additional terms, policies, notices or product page descriptions displayed on our website form part of these Terms. If there is any inconsistency between these Terms and a specific product page, promotion, Shipping Policy or Returns and Refund Policy, the more specific terms will apply to the extent of the inconsistency. 3. Use of Our Website You agree to use our website only for lawful and proper purposes. You must not: Use our website in breach of any applicable law or regulation Provide false, inaccurate or misleading information Place fraudulent, unauthorised, resale, bulk or suspicious orders Interfere with or disrupt the operation of our website Upload or transmit viruses, malware or harmful code Attempt to gain unauthorised access to our website, systems or customer accounts Copy, reproduce, scrape, distribute, sell or exploit any part of our website without our prior written consent Use another person’s identity, payment details or account without authorisation Harass, abuse, threaten or make unreasonable demands against our staff, delivery partners or other customers Engage in any conduct that we consider inappropriate, unlawful or harmful to our business or other users We may suspend or terminate your access to our website, cancel orders or take other reasonable action if we believe you have breached these Terms. 4. Product Information We make reasonable efforts to display product information, prices, colours, materials, sizes, specifications and availability as accurately as possible. However, you acknowledge that: Product colours and textures may appear different depending on lighting, photography, screen settings and device type Rugs, carpets, textiles, handmade items, natural materials and woven products may have natural variations in size, colour, pattern placement, pile height, texture and finish Product information may be updated or changed without prior notice Stock availability, pricing and promotional offers may change without prior notice Minor variations caused by material characteristics, handmade production, weaving processes or screen display differences are not considered defects. 5. Prices and Payment All prices are displayed in Australian dollars unless otherwise stated. Product prices, shipping fees, promotions, discounts and offers may be changed without prior notice. You agree to pay the total amount shown at checkout, including product price, applicable taxes, shipping fees and any other charges displayed before you place your order. Payment may be processed by Shopify, credit card networks, payment service providers, banks or other third-party payment processors. We may cancel an order if payment is declined, reversed, suspected to be fraudulent, unauthorised or otherwise cannot be processed. 6. Orders and Order Acceptance When you place an order through our website, you are making an offer to purchase the selected products. Your order is not accepted until we confirm the order or begin processing it. We may refuse, cancel or modify an order where: The product is out of stock There is an obvious pricing, product, shipping or stock error Payment is not successfully completed We suspect fraud, misuse, unauthorised activity or resale activity The shipping address is incomplete, invalid or located in an area we cannot deliver to The product is oversized, heavy, long or otherwise difficult to deliver We are unable to fulfil the order for reasons outside our reasonable control We reasonably believe accepting the order may breach these Terms or applicable law If we cancel or modify an order, we will contact you using the email address or contact details provided at checkout. 7. Shipping and Delivery Shipping terms, delivery areas, shipping fees, delivery timeframes, tracking, delays, failed delivery, refusal to accept delivery and long-term absence are governed by our Shipping Policy. Delivery timeframes are estimates only and may vary due to product availability, warehouse processing, customs clearance, carrier delays, weather events, traffic conditions, peak seasons, public holidays or other circumstances outside our reasonable control. We will make reasonable efforts to provide shipping updates, but we are not responsible for delays caused by third-party delivery providers, customs authorities or events beyond our reasonable control, except where required by law. 8. Returns, Exchanges and Refunds Returns, exchanges and refunds are governed by our Returns and Refund Policy. Your rights under our Returns and Refund Policy are in addition to any rights you may have under the Australian Consumer Law. Under the Australian Consumer Law, you may be entitled to a remedy if a product does not meet a consumer guarantee. Depending on the circumstances, this may include a repair, replacement, refund or other remedy. Subject to your rights under the Australian Consumer Law, we generally do not accept returns, exchanges or cancellations for: Custom-made products Made-to-order products Special-size products Personalised or customised products Used products Products damaged, stained, altered, washed, repaired or affected by odour due to customer handling, use or storage Products missing tags, packaging or accessories Change of mind, incorrect size selection, duplicate orders, subjective colour or texture preference, or failure to suit your intended use Products marked as final sale or non-returnable, where permitted by law If you receive the wrong product, an incorrect quantity, a product with a manufacturing issue or an item damaged during delivery, please contact us within the timeframe stated in our Returns and Refund Policy and provide photos or videos so we can assess the issue. 9. Customer Accounts If you create an account on our website, you agree to provide accurate, complete and up-to-date information. You are responsible for maintaining the confidentiality of your account login details and password. You must notify us immediately if you believe your account has been accessed or used without authorisation. We are not responsible for loss or delay caused by incorrect, incomplete or outdated account, billing or shipping information provided by you. 10. Privacy We handle personal information in accordance with our Privacy Policy. By using our website or purchasing from us, you acknowledge that your personal information may be collected, used, stored and disclosed as described in our Privacy Policy. 11. Intellectual Property All content on our website, including text, images, photographs, videos, graphics, logos, product names, brand names, designs, layouts, software and other materials, is owned by us or licensed to us by the relevant rights holder. You must not copy, reproduce, modify, distribute, sell, publish, display, scrape or commercially exploit any website content without our prior written consent. Unauthorised use of our intellectual property may result in legal action. 12. Third-Party Services and Links Our website may use or link to third-party services, including Shopify, payment providers, delivery companies, analytics providers, advertising platforms, social media platforms and other service providers. Our website may also contain links to third-party websites or apps. We are not responsible for the content, accuracy, security, privacy practices, policies or services of any third-party website or provider. Your use of third-party services may be subject to the terms and policies of those third parties. 13. Reviews, Feedback and User Submissions If you submit reviews, comments, photos, feedback, suggestions or other content to us through our website, email, social media or review tools, you grant us permission to use that content for purposes including product display, marketing, advertising, customer support and service improvement. You confirm that your submitted content does not infringe any third-party rights, including copyright, privacy rights, publicity rights, trade marks or other rights. We may remove, hide, edit or decline to publish content that we consider: False, misleading or inaccurate Offensive, abusive, discriminatory or defamatory Unlawful or inappropriate Infringing on third-party rights Spam, advertising or promotional content Otherwise unsuitable for our website or brand 14. Prohibited Conduct You must not use our website or services to: Breach any law, regulation or these Terms Commit or encourage unlawful activity Infringe our rights or the rights of others Submit false, misleading or fraudulent information Interfere with website security or functionality Scrape, crawl, harvest or extract data from our website without permission Place bulk, resale, automated or fraudulent orders Impersonate another person or entity Abuse, threaten, harass or make unreasonable demands against our staff, suppliers, delivery partners or other customers Upload or transmit malware, viruses or harmful code Engage in any activity we reasonably consider harmful, abusive or inappropriate 15. Availability, Changes and Suspension of Service We may update, modify, suspend or discontinue any part of our website, services, products or content at any time. We may do this without prior notice where reasonably necessary, including for: Website maintenance, updates or security improvements Technical issues or system failures Shopify or third-party service outages Natural disasters, power outages, communication failures or other events beyond our control Legal, regulatory or operational reasons Suspected misuse, fraud or breach of these Terms We are not liable for any loss caused by website downtime, changes, suspension or discontinuation, except where liability cannot be excluded under applicable law. 16. Australian Consumer Law Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you may have under the Australian Consumer Law or any other applicable law. 17. Disclaimers and Limitation of Liability To the maximum extent permitted by law, we do not guarantee that our website will be uninterrupted, secure, error-free or free from viruses or harmful components. To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, we are not liable for: Loss caused by your use or inability to use our website Delivery delays, failed delivery or delivery issues caused by third-party carriers Loss caused by incorrect or incomplete information provided by you Loss caused by third-party services, payment providers, delivery companies, internet providers or external platforms Minor product variations in colour, texture, size, pattern placement, pile height or finish Damage caused by improper use, washing, storage, installation, handling or maintenance by you Indirect, incidental, special or consequential loss, except where such liability cannot be excluded by law Where our liability cannot be excluded but can be limited under law, our liability is limited to the remedies permitted under applicable law. 18. Indemnity You agree to indemnify us, our directors, officers, employees, contractors, suppliers and service providers against any claim, loss, damage, cost or expense arising from: Your breach of these Terms Your misuse of our website or services Your violation of any law or third-party rights Any false, misleading or inaccurate information provided by you This indemnity does not apply to the extent that the claim, loss, damage, cost or expense was caused by our own unlawful conduct, negligence or breach of applicable law. 19. Changes to These Terms We may update or change these Terms from time to time. The updated Terms will be posted on this page with a revised “Last updated” date. Your continued use of our website after the updated Terms are posted means you accept the updated Terms. 20. Severability If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be severed to the extent necessary, and the remaining provisions will continue to apply. 21. Governing Law and Jurisdiction These Terms are governed by the laws of Australia and, where applicable, the laws of New South Wales. Any dispute arising from or relating to these Terms, our website or any purchase made through our website will be subject to the courts of New South Wales, Australia, unless applicable law requires otherwise. If you operate your Australian business through a different state or territory, this section should be updated to reflect that state or territory. 22. Contact Us If you have any questions about these Terms, please contact us at: Shiki to Ori (Hong Kong) Limited RM 509, 5/F THE CLOUD 111, TUNG CHAU ST, TAI KOK TSUI, HONG KONG Email: support@shikimono.com Business hours: Monday to Friday, 10:00 am – 5:00 pm, excluding public holidays.