Terms of service
Overview
This website is operated by Chunky. Throughout the site, the terms “we”, “us” and “our” refer to Chunky.
By accessing our website or purchasing from us, you agree to be bound by these Terms of Service, together with our Privacy Policy, Shipping Policy and Return Policy.
If you do not agree to these Terms, you must not use this website.
Our store is hosted on Shopify Inc, which provides the ecommerce platform that enables us to sell our products to you.
1. Online Store Terms
By using this website, you confirm that you are at least the age of majority in your state or territory of residence.
You must not use our products or website for any unlawful purpose or in violation of any applicable laws or regulations.
You must not transmit viruses, malicious code or attempt to interfere with the security or functionality of the website.
We reserve the right to terminate or restrict access to our Services if these Terms are breached.
2. General Conditions
We reserve the right to refuse service to anyone at any time for lawful reasons.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or its content without our written permission.
Headings are included for convenience only and do not affect interpretation.
3. Accuracy of Information
We aim to ensure all information on this website is accurate and up to date. However, we do not guarantee that all content is complete, current or error-free.
We reserve the right to correct errors, inaccuracies or omissions at any time without prior notice, including after an order has been submitted.
Historical information provided on the site is for reference only.
4. Products and Pricing
All products are subject to availability.
We reserve the right to:
• Limit quantities
• Refuse or cancel orders
• Discontinue products
• Change pricing without notice
We make every effort to display product colours and images accurately, but we cannot guarantee your device will display colours exactly.
Any offer made on this site is void where prohibited by law.
5. Orders and Billing
We reserve the right to refuse or cancel any order at our discretion.
We may limit or cancel quantities purchased per person, household or order, including orders using the same account, payment method or shipping address.
You agree to provide current, complete and accurate purchase and account information. You agree to promptly update your information where necessary.
If we cancel an order after payment has been processed, a refund will be issued.
6. Optional Tools and Third-Party Services
We may provide access to third-party tools or services over which we have no control.
These are provided on an “as is” and “as available” basis without warranties.
Your use of third-party services is at your own risk and subject to their terms.
We are not responsible for the content or practices of third-party websites linked from our site.
7. User Submissions
If you submit reviews, feedback, suggestions or other content to us, you grant us a non-exclusive, royalty-free right to use, reproduce, publish and display that content in connection with our business.
We are not obligated to maintain submissions in confidence, pay compensation, or respond to them.
You agree that your submissions will not violate any third-party rights or contain unlawful, offensive or misleading content.
8. Personal Information
Your submission of personal information through the website is governed by our Privacy Policy.
9. Prohibited Uses
You may not use this website:
• For any unlawful purpose
• To infringe intellectual property rights
• To harass, abuse, defame or discriminate
• To upload malicious code
• To collect personal information of others
• To interfere with website security
We reserve the right to terminate access for prohibited use.
10. Disclaimer of Warranties
To the extent permitted by law, the website and all products and services are provided on an “as is” and “as available” basis.
We do not guarantee uninterrupted, secure or error-free use of the website.
Nothing in these Terms excludes or limits rights that cannot be excluded under the Australian Consumer Law.
11. Limitation of Liability
To the maximum extent permitted by law, Chunky is not liable for any indirect, incidental, special or consequential damages, including loss of profits, revenue, data or business opportunity.
Our liability for goods supplied is limited to the remedies available under the Australian Consumer Law.
12. Indemnification
You agree to indemnify and hold harmless Chunky and its affiliates, officers, employees and service providers from any claim arising from your breach of these Terms or violation of any law or third-party rights.
13. Severability
If any provision of these Terms is found to be unlawful or unenforceable, that provision will be severed and the remaining provisions will remain in effect.
14. Termination
These Terms remain in effect unless terminated by you or us.
We may terminate or suspend access immediately if we believe you have breached these Terms.
Obligations and liabilities incurred prior to termination survive termination.
15. Entire Agreement
These Terms, together with our policies referenced herein, constitute the entire agreement between you and Chunky regarding use of this website.
Failure to enforce any provision does not constitute a waiver.
16. Governing Law
These Terms are governed by the laws of Victoria, Australia.
Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.
17. Changes to These Terms
We reserve the right to update these Terms at any time.
Your continued use of the website following changes constitutes acceptance of those changes.
18. Contact
For questions regarding these Terms:
