Terms of service

These Terms of Service (“Terms”) govern your access to and use of https://touco.shop and your purchase of products from touco.shop (“we”, “us”, or “our”).

By visiting our website, creating an account, placing an order, or otherwise using our services, you agree to these Terms, together with our Privacy Policy, Shipping Policy, and Return and Refund Policy.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

1. Online Store Terms

You must be at least 18 years old or have the permission and supervision of a parent or legal guardian to use this website or place an order.

You agree to:

• Provide accurate, complete, and current information;
• Use the website only for lawful purposes;
• Keep your account credentials confidential;
• Accept responsibility for activity conducted through your account; and
• Notify us promptly if you suspect unauthorised access to your account.

You must not use our products or services for an unlawful, fraudulent, or unauthorised purpose.

2. Product Information

We make reasonable efforts to ensure that product descriptions, photographs, colours, sizes, specifications, availability, and other information are accurate.

Actual colours may vary depending on your device, display settings, lighting, and manufacturing variations. Measurements may also vary slightly due to the measuring method or production process.

We may correct genuine errors or update product information. However, nothing in this section limits your rights if a product is materially different from its description or does not meet a consumer guarantee under Australian Consumer Law.

3. Prices and Currency

Unless otherwise stated, prices displayed on our website are in Australian dollars (AUD).

Applicable taxes will be included or displayed during checkout as required by law. Any shipping charges or other fees will be clearly disclosed before you complete your order.

We may change prices at any time before an order is accepted. A price change will not affect an order that we have already accepted, except where a genuine and obvious pricing error has occurred and subject to applicable law.

4. Orders and Contract Formation

Submitting an order is an offer to purchase the selected products. An automated order confirmation confirms that we received your order but does not necessarily mean that we have accepted it.

A contract is formed when we accept your order by processing it for fulfilment or dispatching the products.

We may decline or cancel an order before acceptance for reasonable grounds, including:

• A product being unavailable;
• Payment not being authorised;
• Suspected fraud or unauthorised activity;
• Incorrect delivery information;
• Quantity restrictions;
• A genuine pricing or product information error; or
• A legal or regulatory requirement.

If we cancel an order after receiving payment, we will refund the amount paid for the cancelled products to the original payment method.

5. Order Limits and Resale

We may limit quantities purchased per person, household, account, payment method, or order where reasonably necessary to manage stock, prevent fraud, or discourage unauthorised commercial resale.

Products purchased from touco.shop are intended for personal use unless we agree otherwise in writing.

6. Payment

You agree to provide valid and authorised payment information. By submitting payment details, you confirm that you are authorised to use the selected payment method.

Payments may be processed by Shopify or independent payment providers. Their separate terms and privacy policies may apply.

We are not responsible for fees charged by your bank, card issuer, or payment provider, including foreign transaction, currency conversion, or insufficient-funds fees.

We may delay fulfilment while a payment or transaction is being reviewed for security or fraud-prevention purposes.

7. Shipping and Delivery

Shipping timeframes shown on our website are estimates unless expressly stated otherwise. Delivery may be affected by product availability, processing times, carrier disruptions, customs procedures, weather, public holidays, or events beyond our reasonable control.

You are responsible for providing an accurate and complete delivery address. Please contact info@touco.shop immediately if you discover an error.

Risk in the products passes to you when the products are delivered to you or a person authorised to receive them, except where applicable law provides otherwise.

Additional information is available in our Shipping Policy. Nothing in this section limits any right you may have where products are not supplied within an agreed or reasonable time.

8. Order Changes and Cancellations

If you wish to change or cancel an order, contact info@touco.shop as soon as possible.

We will make reasonable efforts to assist, but cannot guarantee changes or cancellations after an order has entered processing or been dispatched.

If the order has already been dispatched, you may request a return after delivery in accordance with our Return and Refund Policy and Australian Consumer Law.

9. Returns, Refunds, and Consumer Guarantees

Returns, refunds, replacements, and exchanges are governed by our Return and Refund Policy and applicable law.

Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage. You may also be entitled to have goods repaired or replaced where they fail to be of acceptable quality and the failure is not major.

Change-of-mind returns are subject to the separate eligibility conditions in our Return and Refund Policy. Australian Consumer Law does not generally require a business to provide a remedy where a customer simply changes their mind, but any voluntary policy we offer will be honoured according to its terms.

Further information about consumer rights is available from the Australian Competition and Consumer Commission.

10. Promotions and Discount Codes

Promotions, discount codes, giveaways, and special offers may be subject to additional terms displayed with the offer.

Unless otherwise stated:

• Discount codes cannot be exchanged for cash;
• Only one discount code may be used per order;
• Discounts cannot be applied retrospectively;
• Offers are subject to availability and stated expiry dates; and
• Discounts may exclude certain products, collections, shipping charges, or gift cards.

We may cancel or correct a promotion affected by fraud, misuse, or a genuine technical error, subject to applicable law.

11. Accounts

You may be able to create a customer account. You are responsible for keeping your password and login details secure.

We may suspend or close an account where we reasonably believe it is being used fraudulently, unlawfully, or in material violation of these Terms. Where appropriate, we will provide notice and an opportunity to address the issue.

Closing an account does not cancel an order already accepted or remove outstanding payment obligations.

12. Reviews and User Content

If you submit a review, photograph, comment, suggestion, or other content, you confirm that:

• You created it or have permission to submit it;
• It is accurate and not misleading;
• It does not infringe another person’s rights;
• It does not contain unlawful, defamatory, abusive, or malicious material; and
• It does not contain harmful code, spam, or unauthorised advertising.

You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, edit, publish, and display submitted content for operating and promoting our business, subject to applicable privacy and consumer laws.

We may moderate or remove content that breaches these Terms, but we are not required to publish every submission. We will not edit or manage reviews in a way that creates a false or misleading impression.

13. Intellectual Property

All content on this website, including text, graphics, logos, photographs, product presentation, website design, and software, is owned by or licensed to touco.shop and is protected by applicable intellectual property laws.

You may access and use the website for personal, non-commercial shopping purposes. You must not reproduce, distribute, modify, publish, scrape, sell, or commercially exploit website content without prior written permission, except where permitted by law.

Third-party trademarks and content remain the property of their respective owners.

14. Prohibited Uses

You must not:

• Use the website for unlawful or fraudulent activity;
• Attempt to gain unauthorised access to the website, accounts, or connected systems;
• Introduce viruses, malicious code, or other harmful technology;
• Interfere with the security, functionality, or operation of the website;
• Collect personal information about other users without authorisation;
• Use automated tools to scrape or extract website content without permission;
• Impersonate another person or misrepresent your identity;
• Submit false reviews or misleading content;
• Infringe intellectual property, privacy, or other legal rights; or
• Use the website in a manner that could harm us, our customers, or service providers.

We may restrict access where we reasonably believe these rules have been violated.

15. Third-Party Services and Links

Our website may contain links to or integrations with third-party websites, applications, payment services, or social media platforms.

We do not control third-party services and are not responsible for their content, availability, security, or privacy practices. Your use of those services may be governed by separate terms.

This section does not limit any responsibility we may have under applicable law for services supplied as part of your purchase from us.

16. Website Availability

We aim to keep the website available and accurate, but we do not guarantee uninterrupted or error-free access.

We may temporarily suspend, update, or modify the website for maintenance, security, technical, or operational reasons. Where reasonably possible, we will minimise disruption.

We are not responsible for interruptions caused by circumstances outside our reasonable control, subject to any rights or remedies available under applicable law.

17. Disclaimer and Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies:

• Australian Consumer Law consumer guarantees;
• Liability for fraud, wilful misconduct, or gross negligence;
• Liability for personal injury or death where it cannot lawfully be excluded; or
• Any other right, guarantee, condition, warranty, or remedy that cannot lawfully be excluded.

To the maximum extent permitted by law, we are not liable for indirect or consequential losses that were not reasonably foreseeable and were not caused by our breach, negligence, or wrongful conduct.

Where the law permits liability to be limited, our liability will be limited to an appropriate remedy permitted by law, which may include replacing, repairing, or resupplying the relevant product or service, or refunding the amount paid.

18. Indemnity

To the extent permitted by law, you are responsible for loss reasonably suffered by us as a direct result of your unlawful use of the website, intentional misconduct, or material breach of these Terms.

This section does not require you to indemnify us for loss caused by our own negligence, breach of contract, unlawful conduct, or failure to comply with Australian Consumer Law.

19. Privacy

Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy.

By using the website, you acknowledge that personal information may be processed by Shopify and other service providers as necessary to operate the store, process payments, fulfil orders, and provide customer support.

20. Electronic Communications

By placing an order or contacting us electronically, you consent to receiving transaction-related communications electronically, including order confirmations, invoices, delivery updates, security notices, and responses to enquiries.

Marketing communications will be sent only where permitted by law. You may unsubscribe from marketing at any time without affecting essential order or service communications.

21. Events Beyond Reasonable Control

We will not be responsible for delay or failure caused by events beyond our reasonable control, such as natural disasters, severe weather, transport disruption, government action, industrial disputes, telecommunications failures, or widespread supply-chain interruptions.

This section does not remove any obligation or consumer right that cannot lawfully be excluded. We will take reasonable steps to minimise the effects of such events and resume performance as soon as reasonably practicable.

22. Termination

You may stop using the website at any time.

We may suspend or terminate access where reasonably necessary due to unlawful activity, fraud, security risks, or a material breach of these Terms.

Termination does not affect rights and obligations arising before termination, including accepted orders, payment obligations, intellectual property rights, or dispute-related provisions.

23. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be read down to the minimum extent necessary or removed if reading it down is not possible.

The remaining provisions will continue in effect.

24. No Waiver

If we do not immediately enforce a provision of these Terms, this does not mean we waive our right to enforce it later.

Any waiver must be clearly given and applies only to the specific circumstances for which it was provided.

25. Entire Agreement

These Terms and the policies referred to in them constitute the agreement between you and touco.shop regarding your use of the website and purchases made through it.

They do not exclude any representation, guarantee, or right that cannot lawfully be excluded.

26. Changes to These Terms

We may update these Terms to reflect changes in our services, business practices, technology, or legal obligations.

Updated Terms will be published on this page with a revised “Last updated” date. Changes will apply from publication and will not retrospectively alter an order already accepted unless required by law or agreed with you.

27. Governing Law

These Terms are governed by the laws of Australia and the applicable laws of the Australian state or territory connected with your purchase.

You and touco.shop submit to the jurisdiction of the courts and tribunals that have authority over the dispute. Nothing in this section limits your right to bring a claim in a court or tribunal available to you under applicable consumer law.

28. Contact Information

Questions about these Terms of Service may be sent to:

Company: touco.shop
Website: https://touco.shop
Email: info@touco.shop