Terms of service

Briotik - Terms of Service

OVERVIEW

Welcome to Briotik! The terms "we", "us" and "our" refer to Briotik. Briotik 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"). Briotik 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. 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, 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 or province of residence. To purchase any of the products 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 information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all activity under your account.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ depending on your device settings and screen configuration.

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 on a case-by-case basis.

SECTION 3 - ORDERS AND PRIVACY

When you place an order, you are making an offer to purchase. Briotik reserves the right to accept or decline your order for any reason at its discretion. Payment must be processed before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is processed.

Your purchases are subject to returns or exchanges solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal use and not for commercial resale or export. All personal information collected through our Services is handled in accordance with our Privacy Policy and Shopify's privacy practices.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. Unless otherwise expressly stated, posted prices do not include local taxes, shipping, handling, or international customs and import charges where applicable. You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store, and warrant that you are duly authorized to use the payment method provided.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times provided are estimates only and are not guaranteed. We are not liable for shipping delays caused by carrier constraints, international customs processing, or events outside our reasonable control. Risk of loss passes to you upon our delivery of the items to the shipping carrier.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, are owned by Briotik, its affiliates, or licensors and are protected by international copyright, trademark, and intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only.

SECTION 7 - THIRD-PARTY TOOLS AND LINKS

We may provide you with access to optional third-party tools or hyperlinks to external websites (such as logistics tracking providers) which we neither monitor nor control. You acknowledge and agree that we provide access to such tools and links "as is" and "as available" without any warranties or endorsements. Any use of optional third-party tools is entirely at your own risk.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

Briotik is hosted and powered by Shopify Inc. However, any sales, transactions, and purchases you make in our Store are made directly with Briotik. You acknowledge and agree that Shopify is not responsible for any aspect of the contracts or sales between you and Briotik.

SECTION 9 - USER FEEDBACK AND SUBMISSIONS

If you submit product reviews, suggestions, or comments (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, publish, and distribute such content in any medium for any purpose, including marketing. We reserve the right to remove any content we deem unlawful, offensive, or violating any party's intellectual property.

SECTION 10 - ERRORS AND INACCURACIES

Occasionally there may be information on our store that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 11 - PROHIBITED USES

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to infringe upon or violate our intellectual property rights or those of others; (c) to submit false or misleading information; (d) to upload or transmit viruses or any other type of malicious code; (e) to collect or track the personal information of others; or (f) to employ automated scraping, spiders, robots, or advanced AI tools to extract data from the site without express written consent.

SECTION 12 - CONSUMER GUARANTEES AND WARRANTIES (AUSTRALIAN MARKET)

If you are purchasing our products within Australia, our goods and services come with statutory guarantees that cannot be excluded, restricted, or modified under the Australian Consumer Law (ACL).

Subject to those non-excludable consumer guarantees, and to the maximum extent permitted by applicable law:

The Services and all products delivered to you through the Services are provided 'as is' and 'as available' for your use.
We do not guarantee or warrant that your use of our service will be completely uninterrupted, timely, or error-free.

SECTION 13 - LIMITATION OF LIABILITY

To the full extent permitted by law, and subject always to the protections afforded under the Australian Consumer Law, in no case shall Briotik, our directors, officers, employees, affiliates, or contractors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind, including lost profits, lost revenue, or replacement costs arising from your use of any of our services or products procured from our store.

SECTION 14 - INDEMNIFICATION & SEVERABILITY

You agree to indemnify and hold harmless Briotik and its affiliates from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law. If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

SECTION 15 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Western Australia, Australia. You and Briotik consent to the exclusive venue and jurisdiction of the courts located in that jurisdiction.