Terms of service
Hill & Hound Terms & Conditions
OVERVIEW
Valerie Simpson t/a Hill & Hound (ABN 17 154 496 790) (Hill & Hound) provides the website and online store at www.hillandhound.com.au (Website).
These terms and conditions (Terms) govern your use of the Website. Please read them carefully.
In these Terms, you (and similar expressions) means the person who accepts these Terms by using the Website and associated software, networks and processes, including the purchase of goods and services through the Website. If you do not agree with these Terms, then you must not use or access the Website.
By proceeding to use the Website, including to place an Order or register an account with the Website, you agree to be bound by these Terms.
1. CONSTRUCTION
(a) These Terms, together with any Additional Terms, your Order, and the Privacy Policy, constitute the entire agreement between Hill & Hound and you for the supply of goods and services via the Website.
(b) If there is any inconsistency between these Terms, any Additional Terms, and your Order, then the document listed later in this list will prevail to the extent of any inconsistency.
2. REQUIREMENTS
(a) By accepting these Terms, you acknowledge that you:
(i) are over 18 years of age;
(ii) have a valid email address at which you can be contacted;
(iii) are located within Australia;
(iv) possess the legal right and ability to enter into a legally binding agreement with Hill & Hound; and
(v) agree and warrant to use the Website in accordance with these Terms and applicable Law.
(b) If you do not satisfy all the above criteria, you must not access or use the Website.
3. USER ACCOUNTS AND REGISTRATION
(a) You do not need to register an account to be able to buy most goods and services from the Website. However, you may need to be a registered account holder to place certain Orders or access certain features on the Website.
(b) When you register and activate an account with Hill & Hound or otherwise transact via the Website, you will provide Hill & Hound with Personal Information such as your name, email address, phone number, postal address, and credit card details. You must ensure this information is accurate and current.
(c) When you register and activate an account on the Website, you will create a username and password for use on the Website. You are responsible for keeping this username and password secure, and are responsible for all use and activity carried out under this username.
(d) If you wish to change or update your account information (including your email address, password or communication preferences), simply login to your account. Alternatively, you may contact us using the contact details in clause 21(g).
4. PLACING OF ORDERS
(a) By placing an Order for goods or services through the Website, you are agreeing to enter into an agreement with Hill & Hound. Each Order you place will be a separate contract with Hill & Hound, and will be considered accepted at the time submitted by you via the Website.
(b) You acknowledge that the goods and services purchased under these Terms are intended for personal and non-commercial use only and will not be re-sold by you.
(c) From time to time, Hill & Hound may restrict the quantity of goods and services which can be purchased in one order or during a particular period of time, or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion (as applicable), or as otherwise advised to you.
(d) Hill & Hound will not be liable to you for any loss which you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver goods and services due to:
(i) inaccurate or incomplete details provided by you in relation to that Order; or
(ii) any act or omission by Australia Post or any other third-party courier service in delivering that Order.
(e) If you place consecutive or separate Orders, Hill & Hound cannot consolidate your Orders and a separate delivery fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many goods and services as you wish in one Order.
(f) Hill & Hound may accept or reject your Order for any reason at any time, at its reasonable discretion. If your Order is rejected, you will receive a full refund of any money paid.
5. PRICE AND PAYMENT
(a) When you place an Order, Hill & Hound will charge and you agree to pay the price listed for the goods and services in that Order, and any applicable delivery fee.
(b) All prices are in Australian dollars and, if goods and services tax (GST) is applicable, inclusive of GST. Any fees and charges (including delivery fees) imposed also include GST where applicable.
(c) Hill & Hound may change or alter its prices without notice to you. if you have already submitted an Order at a particular price, your goods and services will be supplied at that price (unless your Order is affected by a pricing error, in which case clause 9 will apply).
(d) You acknowledge that the online store available on the Website is hosted on Shopify Inc (Shopify). Payment for goods and services purchased via the Website can be made via credit card, debit card, or PayPal. Payment methods may be subject to change.
(e) You agree that Hill & Hound has no liability to you to the extent such liability arises out of any act or omission of Shopify, PayPal, or any other third-party payment processor.
(f) Any payment for an Order must be cleared by Hill & Hound before goods are dispatched or services are provided. If your payment cannot be processed, your Order will be rejected and you will be notified of this. If a credit card payment cannot be processed, you should contact your card issuer to resolve the problem or use an alternative payment method in order to continue with your Order.
(g) In paying or attempting to pay for goods and services, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6. DELIVERY
Risk and title in any goods you purchase from Hill & Hound pass to you at the date and time when they are shipped to you by Hill & Hound. Hill & Hound is not responsible for the shipping or delivery of any goods, which is performed by Australia Post and/or third-party couriers.
(a) Hill & Hound only offers returns, repairs, replacements and refunds in accordance with applicable Law. If the goods you purchase are defective, the services you received are not fit for purpose, or you are otherwise entitled to a refund under applicable Law, then Hill & Hound will issue you with a refund for those goods or services. No Order cancellations or changes will otherwise be accepted, and there are no returns or refunds for change of mind.
(b) If you are entitled to a refund under applicable Law:
(i) your refund will be issued to you via the same method you used to place the applicable Order; and
(ii) if your original payment method is unable to process a refund (for example, because the relevant credit card has been cancelled or has expired), then you will be contacted to confirm an alternative payment method for receipt of the refund.
8. CHANGES TO AVAILABILITY OF GOODS AND SERVICES
(a) From time to time, some goods and services may be out of stock or become unavailable, and it may not be possible to fulfil all or part of your Order. If this happens, you will be refunded the price paid for the goods and services impacted in accordance with clause 7(b).
(b) Any goods or services displayed on the Website may be withdrawn or suspended for sale, either temporarily or permanently, at any time and without notice. To the extent permitted by applicable Law, Hill & Hound will not be liable to you for any loss you or any third party suffer as a result of a suspension or withdrawal of sale of a particular good or service.
(c) Where a good or service which is the subject of an Order has been withdrawn or suspended from sale and your payment for the good or service has already been processed, you will be refunded any money paid in relation to that good or service in accordance with clause 7(b).
(a) Hill & Hound reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, price or otherwise), then the affected part of your Order may be cancelled and any relevant payment refunded to you.
(b) If you are refunded for part of the value of your Order in accordance with clause 9(a), then the remainder of your Order will be fulfilled.
(c) You acknowledge and agree that, to the extent permitted by applicable Law:
(i) all pictures and images of goods and services displayed on the Website are for illustrative purposes only;
(ii) any accessory featured with the goods or services is for illustrative purposes only, in not included in the sale, and may be sold separately; and
(iii) where dimensions and measurements are provided in the description of a good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each good is suitable for your purposes prior to submitting your Order (including whether there is appropriate and safe access to your delivery address for delivery of the goods).
(d) To the maximum extent permitted by applicable Law, Hill & Hound is not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information 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 reliance on the material on the Website is at your own risk.
10. PROMOTIONS AND DISCOUNTS
(a) You may receive online offers and promotions, whether emailed to you or made available on the Website.
(b) Some offers may include a code for use when placing an Order. It is your responsibility to ensure that the code is valid, and that you enter the code at the time of placing an Order. The code cannot be applied after you have submitted an Order. Separate terms may apply to the use of the code. The code may be specific to only certain goods or services listed on the Website. Any code is non-transferable, cannot be posted on a forum or website, and may not be used with other offers.
(c) For certain campaigns, promotions or contests, Additional Terms may apply. If you want to participate in such a campaign, promotion or contest you need to agree to any relevant Additional Terms.
(d) All references to times in promotions are based on the local time in Melbourne, Australia unless stated otherwise.
11. GIFT CARDS
(a) This clause 11 applies if Hill & Hound offers gift cards for sale on the Website.
(b) Gift cards expire 36 months after the date of purchase. Any balance which remains on a gift card after it expires will not be available for use and will not be refunded to you.
(c) Subject to clause 11(b), gift cards are redeemable up to the amount of their balance and may be used only towards goods and services available on the Website. The value of the gift card may be used in whole or in part against purchases on the Website until the gift card expires. Purchase amounts which exceed the value of the relevant gift card balance will require an additional payment using another payment method for the balance due.
(d) You are responsible for the use and safety of your gift card, and all transactions made using your gift card. Please treat your gift card like cash and store it in a secure location. Subject to applicable Law and clause 14, the gift card cannot be replaced if lost, stolen, defaced, or damaged. You must notify Hill & Hound immediately using the contact details in clause 21(g) if you know or suspect any unauthorised use of your gift card, or if your gift card has been lost or stolen.
(e) The risk of loss and title for a gift card passes to the recipient upon the electronic transmission of the gift card to the recipient using the email address provided in the relevant Order.
(f) Gift cards are not debit or credit cards. Gift cards have no cash value, and they may not be redeemed or exchanged for cash (except as required by applicable Law). Gift cards are void where prohibited by Law. Gift cards cannot be used to purchase other gift cards.
12. PRIVACY
Personal Information which you provide to Hill & Hound via the Website will be kept, used and disclosed by Hill & Hound in accordance with its Privacy Policy. Please see the Privacy Policy for further information on how to access and update your Personal Information.
13. WARRANTIES
(a) All Hill & Hound’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with Hill & Hound, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
(a) Hill & Hound excludes, to the fullest extent permitted by applicable Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms, including all warranties, guarantees, representations or terms (whether express or implied) as to the performance (including without limitation to quality, speed, service level or efficiency), uptime, or availability of the Website, or that your access to or use of the Website will be uninterrupted, error-free or will meet your needs or requirements.
14. LIABILITY AND INDEMNITY
(a) You indemnify Hill & Hound, its employees, affiliates, agents or other representatives (those indemnified) and agree to hold those indemnified harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses which may arise from or relate to your use or misuse of the Website or the goods or services provided on via this Website in a manner that materially breaches these Terms.
(b) To the extent permitted by applicable Law, you represent and warrant to Hill & Hound that Hill & Hound will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, or injury to reputation) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms or the Website.
(c) To the extent permitted by applicable Law, Hill & Hound expressly excludes any liability in relation to any damage or loss (whether direct or indirect), including loss of data, loss arising from any interruption to your business or any damages which are incidental to or arise from such loss of data or interruption to business incurred by you in connection with your use of this Website.
(d) Hill & Hound’s liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to that loss or damage.
(a) You must at all times access and use the Website in compliance with these Terms and all applicable Law.
(b) When using the Website, you must not:
(i) interfere with or disrupt the integrity or performance of the Website, or any information and content contained on the Website;
(ii) copy, adapt, modify, prepare derivative works based upon, transfer, publicly display, transmit, or otherwise exploit the Website, including any function or feature;
(iii) harass, abuse, or threaten any other person or to otherwise violate any other person's legal rights;
(iv) violate any intellectual property rights of Hill & Hound or of any third party;
(v) post, upload, publish, submit or transmit or otherwise make available any content that you do not have a right to make available under applicable Law or under contractual or fiduciary relationships, that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral or other intellectual property rights, or rights of publicity or privacy, or that otherwise violates applicable law or regulation;
(vi) publish or distribute any obscene or defamatory material or any material that incites violence, hatred or discrimination towards any person, group or community, including any content to which the Online Safety Act 2021 (Cth) may apply;
(vii) commit any kind of fraud when using the Website;
(viii) reverse engineer, or attempt to reverse engineer or disassemble any code or software in relation to the Website;
(ix) violate or circumvent the security of the Website or use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download any information and data from the Website;
(x) upload, disseminate, store or transmit code, files, agents, or programs that could harm the Website or other users, including viruses, worms, time bombs, and Trojan horses; or
(xi) otherwise use the Website in any way that could damage the Website or Hill & Hound’s reputation or operations.
(c) You agree to notify Hill & Hound in the event you commit or discover any unacceptable use of the Website in breach of this clause 15.
(d) Hill & Hound reserves the right to investigate and take any legal action in respect of violations of this clause 15 to the fullest extent and involve and cooperate with law enforcement authorities in prosecuting users who violate this clause.
16. THIRD PARTY LINKS
(a) The Website may include links which direct you to third-party websites that are not affiliated with Hill & Hound. To the extent permitted by applicable Law, Hill & Hound is not responsible for examining or evaluating the content or accuracy of third party websites, and does not warrant and has no liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
(b) Hill & Hound is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review any applicable third-party policies and agreements and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
17. WEBSITE AVAILABILITY
(a) Hill & Hound will use reasonable efforts to make the Website available to you.
(b) You acknowledge and agree that:
(i) the availability and performance of the Website may vary depending on a variety of factors, including the specifications of the device, or the stability of the internet or telecommunications network, used to access the Website; and
(ii) to the extent permitted by applicable Law, Hill & Hound will not be held in any way responsible or liable for any disruptions to the Website or for your inability to access or use the Website for any reason, and for any losses or damage you may suffer as a result of such unavailability.
(a) These Terms will commence when you first access the Website and will continue so long as you continue to use or transact via the Website.
(b) Hill & Hound may terminate these Terms and remove the goods or services offered on the Website at any time at its discretion.
(c) Hill & Hound may terminate these Terms or any Order created under these Terms immediately on written notice to you if Hill & Hound reasonably believes that you are in material breach of these Terms and either:
(i) the breach is not capable of remedy; or
(ii) the breach is capable of remedy, but you have not remedied that breach within 14 days of written notice to you from Hill & Hound regarding that breach.
(d) If these Terms are terminated under this clause 18 and you have an existing Order with Hill & Hound, your Order will be fulfilled or, if fulfillment is no longer possible, you will receive a refund for any money paid in connection with the applicable Order.
19. INTELLECTUAL PROPERTY
All intellectual property rights in any goods or other materials made available on the Website is owned by, or licensed to, Hill & Hound. Nothing in these Terms assigns or transfers any rights in the Website or its content to you.
20. CHANGES TO THESE TERMS
Hill & Hound reserves the right to update, change or replace any part of these Terms at its sole discretion. Any changes to these Terms will not affect Orders already placed by you. You can view the latest version of these Terms at any time by visiting this webpage. It is your responsibility to check this webpage periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
(a) Hill & Hound may engage third parties to supply services for it in connection with these Terms.
(b) Failure by Hill & Hound to enforce a particular term or condition does not constitute a waiver of that term or condition by Hill & Hound.
(c) These Terms are governed by and must be construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia, and courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms.
(d) Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any law (including consumer guarantees under the Australian Consumer Law) which cannot be lawfully excluded or limited.
(e) If a provision of these Terms would, but for this clause, be unenforceable, that provision must be read down to the extent necessary to avoid that result and, if the provision cannot be read down, must be severed without altering the validity and enforceability of the remainder of these Terms.
(f) These Terms contain the entire understanding between the parties as to its subject matter and supersede all other agreements between the parties which relate to the subject matter of these Terms.
(g) If you have a question for Hill & Hound, you can contact us by email at hello@hillandhound.com.au.
22. DEFINITIONS
The following definitions apply to these Terms:
Additional Terms means any further terms and conditions which apply to your Order or use of the Website, as notified to you from time to time.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Hill & Hound means Valerie Simpson t/a Hill & Hound (ABN 17 154 496 790).
Law means any applicable statute, regulation, by-law, ordinance, or subordinate legislation in force from time to time, and includes the common law and equity as applicable from time to time, and any mandatory standards or industry codes of conduct.
Order means a request made by you to purchase goods or services from Hill & Hound via the Website.
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
Privacy Policy means the Hill & Hound privacy policy available at www.hillandhound.com.au/policies/privacy-policy.
Terms means these terms and conditions.
Website means the website and online store available at www.hillandhound.com.au.