Terms & Conditions
Yes You Can Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Yes You Can Co updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you.
Yes You Can Co reserves the right to refuse service to anyone for any reason at any time.
By using this Website, you agree:
- to use the Website only for purposes that are permitted by the Terms and/or any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- to not use the Website, or the Yes You Can Co products and services sold on the Website, for any illegal and/or unauthorised purpose;
- to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, including html code, CGI interfaces, product photographs and screen designs, without the express written permission of Yes You Can Co;
- to not use any automated system or software to extract data from the Website for commercial purposes;
- to not collect or store data about other users of the Website;
- to not distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
- to tamper with, hinder the operation of, or make unauthorised modifications to the Website;
- to not frame this Website or represent or imply that any part of the Website belongs to anyone other than Yes You Can Co; and
- that the Website is used entirely at your own risk and Yes You Can Co accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
Orders & Prices
By placing an order for Products, you:
- agree to these Terms
- make an offer to buy the Products for the stated price (plus any applicable delivery charges and other costs); and
- warrant that the Products are for domestic, non-commercial use and will not be on-sold or replicated.
Yes You Can Co will be deemed to formally accept your offer when your payment has been accepted and, until acceptance, Yes You Can Co may reject your order for any reason at our discretion. You are responsible for checking the order amount and other specifications for Products you order are correct, and by submitting an order you represent that all variables in the order are correct.
The prices for Products are shown on this site in Australian dollars and inclusive of GST. Yes You Can Co may change the prices at any time without notice and you are responsible for paying any applicable taxes. Yes You Can Co may offer discounts and promotions from time to time, at its discretion, and when Yes You Can Co do so such discounts and promotions may be offered subject to additional terms and conditions notified at the time which apply in addition to these Terms.
You may cancel an order at any time before it has been accepted by Yes You Can Co as described above. Subject to the Consumer Guarantees (see below), you cannot cancel an order after it has been accepted by us as described above and we will not be liable to you or anyone else for any loss, cost or expense suffered or incurred due to an order being cancelled after it has been accepted by us, or for incomplete or inaccurate information included by you in an order.
Yes You Can Co organise delivery (Delivery Services) through the use of third party delivery companies (Delivery Service Providers).
You acknowledge and agree that Yes You Can Co is not the provider of the Delivery Services and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services. The risk of loss and title for the Products pass to you upon our delivery to the Delivery Services Providers.
In the event that a Product is lost or damaged in the course of the Delivery Services, Yes You Can Co Pty Ltd asks that you contact the Delivery Service Provider directly.
Your rights as a Consumer
Your purchase of Products on this Website are covered by laws, including the Australian Consumer Law and similar state and territory laws which require that certain goods and services purchased in Australia come with guarantees which cannot be modified or excluded (Consumer Guarantees). Information about the Consumer Guarantees can be found on the Australian Competition and Consumer Commission website.
If we are liable for breach of the Consumer Guarantees our liability is to the fullest extent permitted by law limited to:a.) for goods:
- replacing or repairing goods;
- supplying an equivalent item; or
- paying the costs or replacing, repairing or hiring an equivalent item; and
- the re-supply of the services; or
- payment of the cost of re-supply of the services.
Subject to the Consumer Guarantees and other applicable laws, all guarantees, warranties and representations relating to these Terms or subject matter not contained in the Terms are excluded to the maximum extent permitted by law, and we will not be liable to you or any other person for any loss, damage cost or expense however caused, whether in tort, contract or otherwise, suffered or incurred by you or any other person for any reason, including use of the Website.
Website & Product Information
Yes You Can Co makes every effort to ensure that the content of the Website is accurate and up-to-date, but this Website is provided on an ‘as is’ basis. Yes You Can Co does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
While Yes You Can Co takes all reasonable steps to ensure that the Website is properly functioning at all times, Yes You Can Co does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects. You use this Website at your own risk.
Copyright and Intellectual Property
The Website, the Products and all of the related matters of Yes You Can Co are subject to copyright and other intellectual property protections such as trademarks. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Yes You Can Co or its contributors.
Yes You Can Co retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- any business name, trading name, domain name, trade marks, industrial design, patent, registered design or copyright of Yes You Can Co; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You acknowledge that Yes You Can Co does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
Yes You Can Co will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
- Yes You Can Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out or in connection with the Products or these Terms (including as a result of not being able to use the Website or the late supply of the Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
To the maximum extent permitted by law, Yes You Can Co, nor its affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors, are liable for loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website;
- the Content or operation in respect to links which are provided for your convenience;
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
If you have any questions regarding the Terms or their operation, please feel free to contact as at email@example.com