Terms of service
OVERVIEW Welcome to Sterling Supplies! The terms "we", "us" and "our" refer to Sterling Supplies. Sterling Supplies 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"). Sterling Supplies 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, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. 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 of Service or Privacy Policy, 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 territory of residence, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services 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 the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores. 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 When you place an order, you are making an offer to purchase. Sterling Supplies reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Sterling Supplies confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Sterling Supplies may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges, and are exclusive of GST unless stated otherwise. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Risk of loss in the products passes to you once they are transferred to the carrier. However, title and ownership of the products remain with Sterling Supplies until we have received payment in full.
SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Sterling Supplies, its affiliates or licensors and are protected by Australian and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Sterling Supplies, Shopify or any third party. Unauthorised use of the Services may be a violation of Australian and other applicable intellectual property laws. All rights not expressly granted herein are reserved by Sterling Supplies. Sterling Supplies's names, logos, product and service names, designs, and slogans are trademarks of Sterling Supplies or its affiliates or licensors. You must not use such trademarks without the prior written permission of Sterling Supplies. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY Sterling Supplies is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Sterling Supplies. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Sterling Supplies, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Sterling Supplies.
SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.
SECTION 11 - FEEDBACK If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right, and will not contain unlawful, abusive or obscene content, or any virus or malware. You may not use a false email address or otherwise mislead us as to the origin of any Feedback.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, 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 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, for any unlawful or malicious purpose; to violate any Australian federal, state or territory laws or regulations; to infringe our intellectual property rights or those of others; to harass, abuse or harm any person; to transmit false or misleading information; to send spam or unsolicited promotional material; to impersonate any person or entity; or to engage in conduct that restricts or inhibits anyone's use of the Services or may expose us or other users to liability. In addition, you agree not to upload viruses or malicious code; reproduce, duplicate, or exploit any portion of the Services without authorisation; collect personal information of others; use bots, scrapers, or automated/AI tools to access the Services; or bypass any security or access-restriction measures we employ. We reserve the right to suspend, disable, or terminate your account at any time if we determine you have violated these Terms.
SECTION 14 - AGENTS This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of a person or entity without direct supervision. No Agent may access, use, or interact with the Services unless it identifies itself as required below, and does not do so if we have requested it refrain from accessing the Services. Agents must: identify themselves in the request's user agent string as "Agent/[agent name]"; not conceal that interactions are from an Agent (e.g. by mimicking human behaviour or bypassing CAPTCHAs); respond truthfully when asked if an interaction is from a human or computer; and not circumvent any measure intended to control how Agents access the Services.
SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy will survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and reliance on it is at your own risk. Except as expressly stated by Sterling Supplies, the Services and all products offered through the Services are provided "as is" and "as available", without warranties of any kind, either express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the Services will be uninterrupted, timely, secure or error-free. Nothing in this section is intended to limit any rights you may have under the Australian Consumer Law that cannot lawfully be excluded.
SECTION 17 - LIMITATION OF LIABILITY To the fullest extent permitted by law, in no case shall Sterling Supplies, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Services or any products procured using the Services. Nothing in this section excludes or limits any consumer guarantee or right that cannot lawfully be excluded under the Australian Consumer Law.
SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Sterling Supplies, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of your breach of these Terms, your violation of any law or third-party right, or your access to and use of the Services.
SECTION 19 - SEVERABILITY If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be severed, without affecting the validity of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. These Terms of Service and any policies or operating rules posted by us constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or communications.
SECTION 21 - ASSIGNMENT You may not transfer or assign this agreement or any rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without notice to you.
SECTION 22 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to conflict of law principles. You and Sterling Supplies submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
SECTION 23 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following any posted changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at sales@sterlingsupplies.com.au. Our contact information is posted below:
Sterling Supplies sales@sterlingsupplies.com.au 8A Lara Way, Campbellfield VIC 3061, Australia 1800 621 103 ABN 85 927 812 763