Terms and Conditions

OVERVIEW
This website is operated by Holmer Wave. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Holmer Wave. Holmer Wave 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 products from us, you engage in our ‘Services’ and agree to be bound by the following terms and conditions (‘Terms of Use’, ‘Terms’), including those additional terms and conditions and policies referenced herein and/or accessible by hyperlink. These Terms of Use apply to all users of the Site, including but not limited to users who are browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or use our services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools that are added to the current store are also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use 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 site following the posting of any changes constitutes acceptance of those changes.

Our shop is hosted by 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 SHOP TERMS AND CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, or that you are the legal age of majority and have given us your consent to allow any of your minor children to use this site.
You must not use our products for any illegal or unauthorised purpose and you must not, in the course of using the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses or malicious code or anything else of a destructive nature.
A breach or violation of any of these Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your Content (excluding credit card information) may be transmitted unencrypted and (a) over various networks; and (b) changes may be made to conform to technical requirements of networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
The headings used in this Agreement are for convenience only and do not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information provided on this site is not accurate, complete or current. The material on this site is for general information purposes 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 use of the materials on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is provided for your information only. We reserve the right to change the contents of this site at any time, but we are under no obligation to update any information on our site. You are responsible for monitoring changes to our site.

SECTION 4 - MODIFICATIONS TO SERVICES 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.
We will 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 through the Site. These products or services may have limited availability and are subject to return or exchange only in accordance with our Return Policy: [LINK TO RETURN POLICY]
We have made every effort to display the colours and images of our products displayed in the shop as accurately as possible. However, we cannot guarantee that the display of colours on your computer monitor will be accurate.
We reserve the right to limit 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 products or services that we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

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 per person, household or order.
You agree to provide current, complete and accurate purchase and account information for all purchases you make from our shop. You agree to promptly update your account information and other information such as email address and credit card numbers and expiry dates so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide you with access to such tools ‘as is’ and ‘as available’ without any warranties or conditions of any kind.

SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through 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 the content or accuracy of these sites and are not liable for any damages or losses associated with the use of third-party products or services.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us certain specific submissions (e.g. contest entries) or submit creative ideas, suggestions, plans, or other materials without our request, you agree that we may edit, copy, publish and otherwise use these comments at any time, without restriction.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the shop is subject to our Privacy Policy, which can be viewed here: [LINK TO 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, shipping charges and availability.

SECTION 12 - PROHIBITED USE
In addition to any other prohibitions set forth in the Terms of Service, you may not use the Site or its Content for any illegal purpose.

SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY
We do not warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We are not liable for any damages arising from your use of the Service.

SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold Holmer Wave Melbourne and its affiliates, agents and employees harmless from any claim or demand, including reasonable attorneys' fees.

SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is held to be invalid or unenforceable, the validity of the remaining provisions shall not be affected.

SECTION 16 - TERMINATION
These Terms of Service will remain in effect until terminated by either you or us.

SECTION 17 - ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement between you and us.

SECTION 18 - APPLICABLE LAW
These Terms of Service shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO THE TERMS OF USE
We reserve the right to change these Terms of Service at any time.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service can be sent to us at info@holmerwave.com.