Terms of Service

Welcome to Harvey & Matilda Canberra. Throughout these Terms of Service, the terms “we”, “us”, “our” and “Harvey & Matilda Canberra” refer to Harvey & Matilda Canberra, operated by SVB Ecom.

Harvey & Matilda Canberra operates this online store and website, together with the related content, information, features, tools, products and services made available to customers through the website (collectively, the “Services”). Our store is hosted and powered by Shopify, which provides the technology that allows us to offer these Services.

These Terms of Service, together with any other policies or guidelines referred to on our website, set out the terms that apply when you access or use our Services.

Please read these Terms carefully before using our website or placing an order. They contain important information regarding your rights and responsibilities, including provisions relating to products, orders, liability and the use of our website.

By accessing, browsing or using our Services, you acknowledge that you have read, understood and agreed to these Terms of Service and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By using our Services, you confirm that you are at least the age of majority applicable in your place of residence and that you are legally able to enter into an agreement with us.

When using our Services or placing an order, you may be required to provide information such as your name, email address, billing details, payment information and delivery address. You agree that all information you provide is accurate, complete and up to date, and that you have the necessary rights to provide such information.

You are responsible for keeping any account credentials associated with your account secure and for all activity carried out through your account. You must not sell, transfer, assign or otherwise provide your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, images and other information displayed on our website are accurate. However, colours and the visual appearance of products may vary depending on your device, screen settings and other technical factors.

We do not guarantee that the appearance of a product on your screen will exactly match the physical product you receive.

Product descriptions, specifications, availability and other information may be updated or changed from time to time without prior notice. We also reserve the right to discontinue products or limit the quantity available for purchase at our discretion.

SECTION 3 – ORDERS

When you submit an order through our website, you are making an offer to purchase the selected products. An order is not considered accepted until we have confirmed the order and received the required payment.

We reserve the right to refuse, cancel or modify an order where appropriate, including where there is an error in product information, pricing, availability or where we have reason to suspect fraudulent or unauthorised activity.

If we cancel or make a significant change to your order, we will make reasonable efforts to contact you using the email address, phone number or other contact details provided with your order.

Please carefully review your order before completing your purchase, as cancellation requests may not be possible once an order has entered processing.

Returns and refunds are handled in accordance with our Returns & Refund Policy.

You confirm that products purchased from our store are intended for personal or household use and are not being purchased for unauthorised commercial resale.

SECTION 4 – PRICES AND BILLING

All prices, discounts and promotional offers displayed on our website may be changed or withdrawn at any time without prior notice.

The applicable price will generally be the price displayed at the time your order is placed and will be confirmed in your order confirmation.

Unless otherwise stated, any applicable delivery fees or other charges will be displayed during the checkout process.

Prices available through our online store may differ from prices offered by third-party retailers or other sales channels.

Promotional offers may be subject to additional terms and conditions. Where those promotional terms conflict with these Terms of Service, the specific promotional terms will apply to that promotion.

You agree to provide accurate and current billing, payment and contact information when making a purchase. You are responsible for updating this information where necessary so that we can process your order and contact you regarding your purchase.

By submitting payment information, you confirm that you are authorised to use the selected payment method and that sufficient funds or credit are available to complete the transaction.

SECTION 5 – SHIPPING AND DELIVERY

Delivery times provided on our website are estimates only and may vary depending on your location, shipping carrier, order processing and other circumstances.

We are not responsible for delays caused by delivery providers, customs or other circumstances outside our reasonable control.

Once your order has been handed to the relevant delivery carrier, delays that occur during transit may be outside our control. However, if you experience an issue with your delivery, please contact us and we will assist where reasonably possible.

Nothing in these Terms limits or excludes any rights or remedies you may have under applicable Australian consumer law.

SECTION 6 – INTELLECTUAL PROPERTY

All content available through our Services, including our branding, logos, trademarks, product images, photographs, text, graphics, videos, audio, product descriptions, reviews, website design and layout, is owned by or licensed to Harvey & Matilda Canberra, SVB Ecom, or the relevant third-party rights holder.

The Services are provided for your personal and non-commercial use. You must not reproduce, copy, distribute, modify, publish, transmit, sell, create derivative works from or otherwise exploit our website content without our prior written permission.

Nothing in these Terms grants you ownership or any unrestricted licence to use our intellectual property or the intellectual property of Shopify or other third parties.

The Harvey & Matilda Canberra name, branding, logos, product names, designs and slogans may be protected by applicable intellectual property laws. You may not use these materials without our prior written permission.

Shopify and its associated names, logos and trademarks remain the property of Shopify. Other third-party trademarks remain the property of their respective owners.

SECTION 7 – THIRD-PARTY TOOLS

From time to time, our Services may provide access to tools or features supplied by third parties. We do not necessarily monitor, control or manage these third-party tools.

Where third-party tools are made available through our website, they are provided on an “as available” basis. Your use of these tools may also be subject to the terms and conditions of the relevant third-party provider.

You acknowledge that your use of optional third-party tools is at your own discretion and risk.

We may introduce additional features, services or tools to our website in the future. Any such additions will also be subject to these Terms unless otherwise stated.

SECTION 8 – THIRD-PARTY LINKS

Our website may contain links, embedded features or other materials provided by third parties.

We do not control or guarantee the accuracy, availability, security or content of third-party websites or services. If you choose to access a third-party website through a link on our Services, you do so at your own discretion.

We are not responsible for products, services, information or transactions provided by third parties. We recommend reviewing the relevant third party's terms and privacy policies before entering into any transaction with them.

Any questions or complaints regarding third-party products or services should be directed to the relevant third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Harvey & Matilda Canberra is powered by Shopify, which provides the technology used to operate our online store and deliver the Services to you.

However, purchases made through our store are transactions between you and Harvey & Matilda Canberra / SVB Ecom.

Shopify is not responsible for the products we sell, the terms of our sales, or the fulfilment of orders placed with us. To the extent permitted by law, Shopify and its affiliates are not responsible for claims or liabilities arising directly from transactions between you and Harvey & Matilda Canberra.

SECTION 10 – PRIVACY

Any personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our website is hosted on Shopify, Shopify may also collect and process certain information relating to your use of our website. Information submitted through our Services may be processed or shared with Shopify and other service providers where necessary to operate our store, process payments, fulfil orders, provide customer support or otherwise provide the Services.

Some service providers may operate or process information outside Australia.

Please review our Privacy Policy for further information about how personal information is collected, used and handled.

SECTION 11 – FEEDBACK AND REVIEWS

If you submit reviews, comments, suggestions, ideas, photographs, feedback or other content to us (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish, distribute and display that Feedback in connection with our business and Services.

You confirm that you have the necessary rights to provide the Feedback and that your submission does not infringe the rights of another person or business.

You must not submit content that is unlawful, misleading, abusive, threatening, defamatory, obscene, infringing or otherwise inappropriate.

We reserve the right, but are not required, to review, edit or remove Feedback that we believe breaches these Terms or applicable law.

You remain responsible for the content and accuracy of any Feedback you submit.

SECTION 12 – ERRORS AND INACCURACIES

From time to time, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, availability, promotions, shipping charges or estimated delivery times.

We reserve the right to correct such errors and update information when necessary. Where permitted by law, we may also cancel or amend an order affected by a material error.

If an error affects an order you have already placed, we will make reasonable efforts to notify you using the contact information provided with your order.

SECTION 13 – PROHIBITED USE

You may only use our Services for lawful purposes.

You must not use our website:

For any unlawful, fraudulent or malicious purpose.
To breach any applicable Australian or other relevant law or regulation.
To infringe our intellectual property rights or the rights of another person.
To harass, threaten, abuse, defame or harm another person.
To submit false or misleading information.
To distribute spam, unsolicited advertising or malicious content.
To impersonate another person or entity.
To interfere with the operation, security or availability of our Services.
To introduce viruses, malware or other harmful code.
To copy, reproduce, resell or commercially exploit our Services without permission.
To collect or misuse personal information belonging to other users.
To scrape, crawl or otherwise extract information from our website without permission.
To bypass or interfere with security features of our website or related services.

We reserve the right to suspend or terminate access to our Services where we reasonably believe these Terms have been breached.

SECTION 14 – TERMINATION

We may restrict, suspend or terminate your access to our Services where permitted by law, including where you breach these Terms or engage in conduct that may harm our business, website or customers.

Termination does not affect any rights or obligations that arose before the termination date.

Any provisions that are intended by their nature to continue after termination will remain in effect, including provisions concerning intellectual property, feedback, liability, indemnification, governing law and privacy.

SECTION 15 – DISCLAIMER

The information provided through our Services is intended for general information purposes. While we take reasonable steps to keep our website information accurate and current, we do not guarantee that all information will always be complete, accurate or free from errors.

To the extent permitted by applicable law, our Services are provided on an “as available” basis.

Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under applicable Australian law, including the Australian Consumer Law.

Where a product or service is covered by a mandatory consumer guarantee or other legal protection, those rights continue to apply.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Harvey & Matilda Canberra, SVB Ecom and our respective partners, officers, employees, agents, contractors, service providers and licensors will not be liable for losses that are not reasonably foreseeable or that arise indirectly from your use of our Services.

However, nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified under Australian law.

Where liability can legally be limited, our liability will be limited to the maximum extent permitted by applicable law.

SECTION 17 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Harvey & Matilda Canberra, SVB Ecom and our relevant officers, employees, contractors, agents and service providers from claims, losses or reasonable expenses arising from your unlawful use of the Services, your breach of these Terms, or your violation of another person's rights.

This does not apply to the extent that the relevant loss or claim was caused by our own unlawful conduct, negligence or breach of a non-excludable obligation.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable where possible.

If it cannot be made enforceable, it will be treated as removed without affecting the validity of the remaining provisions.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately enforce a right or provision under these Terms, this does not mean that we have waived that right.

These Terms, together with our other applicable policies, form the agreement between you and us concerning your use of our Services and replace any previous agreements or understandings relating to the same subject matter.

SECTION 20 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.

We may transfer or assign our rights and obligations under these Terms where reasonably necessary for the operation or restructuring of our business, subject to applicable law.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws applicable to the jurisdiction in which SVB Ecom is legally established, subject to any mandatory consumer protections that apply to customers in Australia.

Nothing in this section limits any rights or remedies available to Australian consumers under applicable Australian consumer law.

SECTION 22 – HEADINGS

Section headings are included for convenience only and do not affect the meaning or interpretation of these Terms.

SECTION 23 – CHANGES TO THESE TERMS

You can view the latest version of these Terms of Service on this page.

We may update or amend these Terms from time to time by publishing a revised version on our website. Where required by law, we will provide appropriate notice of material changes.

Your continued use of our Services after updated Terms have been published constitutes acceptance of the revised Terms, to the extent permitted by law.

SECTION 24 – CONTACT INFORMATION

If you have any questions regarding these Terms of Service, please contact us using the information below.

Store Name: Harvey & Matilda Canberra
Company Name: SVB Ecom
Company Address: van Rosenburgweg 270, 6537TM Nijmegen, Netherlands
Warehouse Address: 169 Australis Drive, Derrimut VIC 3030, Australia
Company Number: 98853740
Phone: +61 468 147 601
Email: harveymatildacanberra@outlook.com

Opening Hours (AEST):
Monday to Friday | 09:00 – 17:00
Weekends | 10:00 – 16:00

We aim to respond to customer enquiries within 24 hours.