Terms of service
Terms of Service
Overview
This website is operated by Cross & Glory. Throughout the site, the terms “we”, “us” and “our” refer to Cross & Glory.
Cross & Glory offers this website, including all information, tools, products and services available from this site, to you, the user, subject to your acceptance of these Terms of Service, our Privacy Policy, Returns Policy and any other policies or notices posted on this website.
By visiting our website or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service. These Terms apply to all users of the website, including browsers, customers, merchants, vendors and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to these Terms, you must not access the website or use our Services.
Our store is hosted on Shopify Inc., which provides the ecommerce platform that allows us to sell our products and services to you.
Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
Our goods 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Any limitations, exclusions, disclaimers or restrictions in these Terms apply only to the maximum extent permitted by law.
Changes to These Terms
We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes on our website.
You can review the most current version of these Terms at any time on this page. Your continued use of or access to the website after changes are posted constitutes your acceptance of those changes.
Any new features, products, services or tools added to the current store will also be subject to these Terms.
Section 1 — Online Store Terms
By agreeing to these Terms, you represent that you are at least 18 years old, or that you have the permission of a parent or legal guardian to use this website.
You must not use our products or Services for any unlawful or unauthorised purpose. You must not use the Service in a way that violates any applicable laws, including copyright, trade mark, consumer protection, privacy, spam or ecommerce laws.
You must not transmit any worms, viruses, malware or any code of a destructive nature.
A breach or violation of these Terms may result in immediate termination of your access to the Services.
Section 2 — General Conditions
We reserve the right to refuse service to anyone, subject to applicable law.
You understand that your content, excluding payment card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is 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, access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
Section 3 — Accuracy, Completeness and Timeliness of Information
We make reasonable efforts to ensure that information on this website is accurate and up to date. However, we do not guarantee that all information made available on this website is accurate, complete or current.
The material on this website is provided for general information only and should not be relied on as the sole basis for making decisions without consulting more complete, accurate or timely sources of information where appropriate.
This website may contain historical information. Historical information is not current and is provided for reference only.
We reserve the right to modify the contents of this website at any time, but we have no obligation to update information except as required by law.
Section 4 — Modifications to the Service and Prices
Prices for our products are subject to change without notice, subject to applicable law.
We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot be excluded under applicable law.
Section 5 — Products and Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
Products are subject to return or exchange in accordance with our Returns Policy and your rights under the Australian Consumer Law.
We make every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your device or monitor will display colours accurately.
We reserve the right, but are not obliged, to limit sales of our products or Services to any person, geographic region or jurisdiction, subject to applicable law. We may exercise this right on a case-by-case basis.
We reserve the right to limit quantities of any products or services we offer. Product descriptions, availability and pricing are subject to change at any time without notice, subject to applicable law.
We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this website is void where prohibited by law.
Section 6 — Billing and Account Information
We reserve the right to refuse, limit or cancel any order placed with us, subject to applicable law.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, using the same payment card, or using the same billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.
We reserve the right to limit or prohibit orders that, in our reasonable judgement, 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 through our store. You agree to promptly update your account and other information, including email address, billing address, shipping address and payment details, so we can complete transactions and contact you as needed.
For more information, please review our Returns Policy.
Section 7 — Returns and Refunds
Returns, refunds and replacements are handled in accordance with our Returns Policy and your rights under the Australian Consumer Law.
Nothing in our Returns Policy or these Terms limits your rights to a remedy where a product does not meet a consumer guarantee under the Australian Consumer Law.
Section 8 — Optional Third-Party Tools
We may provide access to third-party tools that we do not monitor, control or manage.
You acknowledge and agree that we provide access to these tools “as is” and “as available”, without warranties, representations or conditions of any kind, except where required by law.
Your use of optional third-party tools is at your own risk and discretion. You should ensure that you understand and agree to the terms on which the relevant third-party provider makes those tools available.
We may offer new services or features through the website in the future. Any new features or services will also be subject to these Terms.
Section 9 — Third-Party Links
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy of third-party websites, and we do not warrant and will not have liability or responsibility for third-party materials, websites, products or services, except where required by law.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or other transactions made through third-party websites, except where liability cannot be excluded under applicable law.
Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns or questions about third-party products or services should be directed to the relevant third party.
Section 10 — User Comments, Feedback and Submissions
If you send us submissions, including contest entries, creative ideas, suggestions, proposals, plans, reviews, feedback or other materials, whether online, by email, by post or otherwise, you agree that we may use, edit, copy, publish, distribute, translate and display those submissions in any medium, subject to applicable law.
We are under no obligation to maintain submissions in confidence, pay compensation for submissions or respond to submissions.
We may, but are not obliged to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene, misleading, infringing, harmful or otherwise objectionable, or that violates another party’s rights or these Terms.
You agree that your comments and submissions will not violate the rights of any third party, including copyright, trade mark, privacy, publicity or other personal or proprietary rights.
You further agree that your comments will not contain unlawful, abusive, defamatory, obscene or misleading material, or any computer virus or malware that could affect the operation of the Service or any related website.
You must not use a false email address, pretend to be someone else, or mislead us or third parties about the origin of any comments or submissions.
You are solely responsible for the comments and submissions you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party, except where liability cannot be excluded under applicable law.
Section 11 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 12 — Marketing Communications
Where you have consented to receive marketing communications from us, we may send you emails, SMS messages or other marketing communications about products, special offers, new arrivals and related content.
You can unsubscribe from marketing emails by following the unsubscribe link included in those emails.
For SMS marketing, you can opt out by following the instructions included in the message, such as replying “STOP” where that option is provided.
Marketing communications will identify Cross & Glory as the sender and include a way to unsubscribe or opt out, where required by law.
Message and data rates may apply if you receive SMS or mobile messages from us. You are responsible for any charges imposed by your mobile provider.
Section 13 — Errors, Inaccuracies and Omissions
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
Subject to applicable law, we reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if information in the Service or on any related website is inaccurate at any time, including after you have submitted an order.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.
No specified update or refresh date on the website should be taken to indicate that all information has been modified or updated.
Section 14 — Prohibited Uses
In addition to other prohibitions set out in these Terms, you must not use the website or its content:
For any unlawful purpose;
To solicit others to perform or participate in unlawful acts;
To violate any applicable laws, rules or regulations;
To infringe or violate our intellectual property rights or the intellectual property rights of others;
To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any person;
To submit false or misleading information;
To upload or transmit viruses, malware or any other malicious code;
To collect or track personal information of others without authorisation;
To spam, phish, pharm, pretext, spider, crawl or scrape;
For any obscene, offensive or immoral purpose; or
To interfere with or circumvent the security features of the Service, related websites, other websites or the internet.
We reserve the right to terminate your use of the Service or any related website for violating any prohibited use.
Section 15 — Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from using the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice.
To the maximum extent permitted by law, the Service and all products and services delivered through the Service are provided “as is” and “as available”, except as expressly stated by us or required by law.
To the maximum extent permitted by law, Cross & Glory and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for any indirect, incidental, punitive, special or consequential loss or damage, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, arising from your use of the Service or products purchased through the Service.
Nothing in this section excludes, restricts or modifies any rights, remedies or guarantees under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified.
Section 16 — Indemnification
You agree to indemnify, defend and hold harmless Cross & Glory and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand made by a third party arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
This indemnity applies to the maximum extent permitted by law.
Section 17 — Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law.
The unenforceable portion will be deemed severed from these Terms, and the determination will not affect the validity and enforceability of the remaining provisions.
Section 18 — Termination
The obligations and liabilities of the parties incurred before the termination date will survive termination of these Terms for all purposes.
These Terms are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.
If, in our sole judgement, you fail or we suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to the Services or any part of them.
Section 19 — Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service.
These Terms supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.
Section 20 — Governing Law
These Terms of Service and any separate agreements under which we provide Services are governed by the laws of Australia and, where applicable, the laws of the Australian state or territory in which the customer resides.
Section 21 — Contact Information
Questions about these Terms of Service should be sent to us at: