Terms of service

Terms of Service

Overview

Welcome to Common Culture.

The terms “we”, “us” and “our” refer to Common Culture. Common Culture operates this store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience.

Common Culture is powered by Shopify, which enables us to provide our online store and related services to you.

These Terms of Service, together with any policies referenced on our website, set out the terms that apply when you browse, access or make a purchase from our website.

Please read these Terms carefully. By visiting, interacting with or using our website, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use or access our website.

Nothing in these Terms is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law or any other rights that cannot be excluded by law.

Section 1 — Access and Account

By using our website, you confirm that you are at least 18 years old, or that you are using the website with the consent and supervision of a parent or guardian.

To browse our website or purchase products from us, you may be asked to provide certain information, including your name, email address, billing details, payment details and shipping information.

You agree that all information you provide to us is accurate, current and complete. You are responsible for maintaining the security of your account details and for all activity that occurs under your account.

You must not transfer, sell, assign or licence your account to another person.

Section 2 — Our Products

We make every effort to display our products as accurately as possible, including descriptions, colours, images and details. However, colours and product appearance may vary depending on your device, screen settings and lighting.

We do not guarantee that your device’s display will accurately reflect the true colour or appearance of a product.

Product descriptions, images, pricing and availability may be changed at any time without notice. We reserve the right to discontinue products or limit quantities at our discretion.

Section 3 — Orders

When you place an order through our website, you are making an offer to purchase the selected products.

Your order is not accepted until we confirm acceptance and process your payment. We reserve the right to accept, decline, cancel or limit an order for any reasonable reason, including but not limited to product availability, suspected fraud, pricing errors, payment issues or delivery restrictions.

Please review your order carefully before submitting it. Once an order has been placed, we may not be able to cancel or change it before dispatch.

If we need to cancel or change an order, we will attempt to contact you using the email address, billing address or phone number provided at the time of purchase.

Your purchases are subject to our Refund Policy and your rights under the Australian Consumer Law.

Products purchased from Common Culture are intended for personal use only and not for commercial resale, unless otherwise agreed in writing.

Section 4 — Prices, GST and Billing

All prices on our website are listed in Australian dollars, unless otherwise stated.

Where applicable, prices include GST. Shipping, delivery and any additional charges will be shown at checkout before you complete your purchase.

Prices, discounts and promotions may change without notice. The price charged for a product will be the price shown at the time you place your order, subject to any pricing errors.

Prices on our website may differ from prices offered in-store, through third-party platforms or during promotions.

We may offer promotions or discounts from time to time. These may be subject to separate terms and conditions. If there is a conflict between these Terms and the terms of a specific promotion, the promotion terms will apply.

You agree to provide current, complete and accurate payment and account information for all purchases. You also agree to promptly update your account and payment information so we can complete transactions and contact you if needed.

You confirm that you are authorised to use the payment method provided and that you will pay all charges incurred at the listed price, including any applicable shipping or delivery fees.

Section 5 — Shipping and Delivery

Delivery times provided on our website or at checkout are estimates only. We will do our best to dispatch and deliver orders within the estimated timeframe, but we cannot guarantee delivery dates.

We are not responsible for delays caused by postal services, couriers, customs processing, incorrect delivery details, weather events, public holidays, peak periods or circumstances outside our reasonable control.

Risk in the products passes to you once the products are delivered to the address you provided. Please ensure your shipping details are correct before placing your order.

If your order is lost, damaged or delayed in transit, please contact us so we can assist you where possible.

Section 6 — Australian Consumer Law

Our products come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms, our Refund Policy or any other policy on our website limits your rights under the Australian Consumer Law.

Section 7 — Returns and Exchanges

Returns, exchanges and refunds are handled in accordance with our Refund Policy and your rights under the Australian Consumer Law.

We may offer change-of-mind returns or exchanges at our discretion, provided the item meets the conditions set out in our Refund Policy.

Change-of-mind returns do not limit your rights if a product is faulty, not as described, not fit for purpose or otherwise fails to meet a consumer guarantee under Australian Consumer Law.

Section 8 — Intellectual Property

All content on our website, including but not limited to text, images, graphics, logos, product photos, videos, audio, designs, layout and branding, is owned by or licensed to Common Culture and is protected by Australian and international intellectual property laws.

You may access and use our website for personal, non-commercial use only.

You must not reproduce, copy, modify, distribute, publish, display, sell, licence or use any content from our website without our prior written consent.

Common Culture’s name, logo, product names, designs and branding must not be used without our prior written permission.

Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other trademarks displayed on our website are the property of their respective owners.

Section 9 — Optional Tools and Third-Party Services

We may provide access to tools, apps, integrations or services offered by third parties. These may include payment providers, shipping providers, review tools, marketing tools or other website features.

We do not control these third-party tools and are not responsible for their content, functionality, availability, accuracy or performance.

You use third-party tools at your own risk and should ensure you understand and agree to the terms and policies of the relevant third-party provider.

We may introduce new features, tools or services in the future. These will also be subject to these Terms.

Section 10 — Third-Party Links

Our website may contain links to third-party websites or content. These links are provided for convenience only.

We are not responsible for examining, evaluating or verifying the content, accuracy, policies or practices of third-party websites.

If you access a third-party website, you do so at your own risk. Any complaints, claims or questions about third-party products, services or content should be directed to the relevant third party.

Section 11 — Relationship with Shopify

Common Culture is powered by Shopify, which enables us to operate our online store.

However, any sales and purchases made through our store are made directly between you and Common Culture. Shopify is not responsible for any aspect of the sale between you and Common Culture, including any injury, damage, loss or issue arising from products purchased from us.

By using our website, you acknowledge that Shopify is not a party to any transaction between you and Common Culture.

Section 12 — Privacy

Your use of our website is also governed by our Privacy Policy, which can be viewed here: [LINK].

Because our website is hosted by Shopify, Shopify may collect and process personal information about your access to and use of our website in order to provide and improve the services made available to us and to you.

Information you provide through our website may be shared with Shopify and other third-party service providers, including providers located outside Australia, where necessary to operate our website, process payments, fulfil orders and provide services to you.

Please review our Privacy Policy for more information about how we collect, use, store and disclose personal information.

Section 13 — Feedback, Reviews and Submissions

If you submit, upload, post, email or otherwise provide reviews, comments, feedback, ideas, suggestions, photos or other content to us, you grant us permission to use, reproduce, edit, publish, display and distribute that content for the purpose of operating, promoting and improving Common Culture.

You confirm that you own or have the necessary rights to any content you submit and that your content does not infringe the rights of any third party.

You agree that your submissions must not contain unlawful, abusive, defamatory, offensive, obscene or misleading content, or any virus, malware or harmful code.

We may, but are not required to, monitor, edit or remove content that we consider inappropriate, unlawful, offensive, misleading or in breach of these Terms.

You are responsible for the accuracy and legality of any content you submit.

Section 14 — Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain errors, inaccuracies or omissions, including in relation to product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.

We reserve the right to correct errors, update information or cancel orders where information is inaccurate, including after an order has been submitted.

If an order is cancelled after payment has been processed, we will provide a refund for the amount paid.

Section 15 — Prohibited Uses

You may only use our website for lawful purposes.

You must not use our website:

(a) for any unlawful, fraudulent or malicious purpose;
(b) to breach any applicable laws or regulations;
(c) to infringe our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, defame, threaten or harm any person;
(e) to submit false, misleading or deceptive information;
(f) to transmit spam, junk mail, chain letters or unsolicited promotional material;
(g) to impersonate another person or entity;
(h) to upload or transmit viruses, malware or harmful code;
(i) to scrape, copy, extract, reproduce, duplicate, sell or exploit any part of the website without permission;
(j) to collect or track the personal information of others;
(k) to interfere with or bypass the security features of the website; or
(l) to engage in any conduct that restricts or affects another person’s use or enjoyment of the website.

We reserve the right to suspend, disable or terminate your access to the website if we believe you have breached these Terms.

Section 16 — Automated Access and Agents

You must not use bots, scraping tools, automated systems, AI agents or other automated methods to access, interact with, copy, scrape or extract content from our website without our prior written consent.

Any authorised automated access must clearly identify itself and must not attempt to hide, disguise or misrepresent its activity.

We may block, limit or restrict automated access to our website at any time.

Section 17 — Termination

We may terminate or suspend your access to our website or services at any time if we reasonably believe you have breached these Terms or used our website unlawfully.

You remain responsible for any amounts owing up to the date of termination.

Sections relating to intellectual property, feedback, privacy, liability, indemnity, severability, governing law and any other provisions that by their nature should continue will survive termination.

Section 18 — Disclaimer

Our website and content are provided for general information purposes. While we do our best to keep information accurate and up to date, we do not guarantee that all content will be complete, current or error-free.

To the extent permitted by law, we do not guarantee that our website will be uninterrupted, secure or free from errors, viruses or harmful components.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.

Section 19 — Limitation of Liability

To the maximum extent permitted by law, Common Culture and its owners, employees, contractors, service providers and partners will not be liable for any indirect, incidental, special or consequential loss or damage arising from your use of our website or products.

Where our liability cannot be excluded under law, our liability will be limited, where permitted, to one or more of the following:

(a) the replacement of the products;
(b) the supply of equivalent products;
(c) the repair of the products;
(d) the payment of the cost of replacing or repairing the products; or
(e) the resupply of services.

Nothing in this section limits your rights under the Australian Consumer Law.

Section 20 — Indemnity

You agree to indemnify Common Culture and its owners, employees, contractors, service providers and partners against any loss, damage, liability, claim or expense arising from:

(a) your breach of these Terms;
(b) your misuse of our website;
(c) your violation of any law; or
(d) your infringement of the rights of any third party.

This indemnity does not apply to the extent that any loss or damage is caused by our own negligence, breach of law or breach of these Terms.

Section 21 — Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be severed from these Terms to the extent required. The remaining provisions will continue to be valid and enforceable.

Section 22 — Waiver and Entire Agreement

If we do not exercise or enforce a right under these Terms, this does not mean we waive that right.

These Terms, together with any policies posted on our website, form the entire agreement between you and Common Culture in relation to your use of our website and services.

Section 23 — Assignment

You must not assign, transfer or delegate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or delegate our rights and obligations under these Terms where reasonably necessary in connection with the operation, transfer or sale of our business.