Terms of Service – Comfiq

Overview

Welcome to Comfiq! The terms “we”, “us” and “our” refer to Comfiq Wear. Comfiq operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Comfiq is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”), together with our Privacy Policy and Refund & Exchange Policy, describe your rights and responsibilities when you use the Services.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service. If you do not agree, you should not use or access our Services.

Section 1 – Access and Account

You represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any minor dependents to use the Services.

To use the Services, including making purchases, you may be asked to provide certain information (such as your email address, billing, payment, and shipping information). You warrant that all information provided is correct, current and complete.

You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 – Our Products

We make every effort to display products accurately, but colours, textures and product appearance may differ due to your device and settings.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time or to limit quantities sold.

Section 3 – Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order at our discretion. Your order is not confirmed until we have processed your payment and issued an order confirmation.

Your purchases are subject to return, exchange or refund solely in accordance with our Refund & Exchange Policy and your rights under the Australian Consumer Law.

You warrant that purchases are for your personal or household use only and not for resale.

Section 4 – Prices and Billing

Prices, discounts and promotions may change without notice. Prices displayed at checkout are final and include GST where applicable. Shipping, handling and import charges (if applicable) are additional unless otherwise stated.

You agree to provide complete and accurate payment details. By submitting your order, you authorise us to charge your nominated payment method for all amounts due, including applicable shipping, handling and taxes.

Section 5 – Shipping and Delivery

Orders are dispatched as per the timeframes stated on our Shipping Policy. Delivery times are estimates only and are not guaranteed.

Once an order is transferred to the carrier, risk of loss passes to you. We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control.

Section 6 – Returns & Exchanges

We offer a 90-Day Comfort Guarantee in line with our Refund & Exchange Policy. This is in addition to your rights under the Australian Consumer Law, which cannot be excluded.

Nothing in these Terms limits or excludes the guarantees, rights or remedies available to you under the ACL.

Section 7 – Intellectual Property

All trademarks, logos, text, images, graphics, product reviews, video, audio and other content on the Services are owned by Comfiq or its licensors and protected by intellectual property laws.

You may use the Services only for personal, non-commercial use. No part may be copied, reproduced, republished or distributed without our written consent.

Section 8 – Third-Party Tools and Links

We may provide access to third-party tools or websites which we do not monitor or control. Your use of such tools or sites is at your own risk.

We are not responsible for third-party content, services or transactions. Please review third-party terms and policies before engaging with them.

Section 9 – Relationship with Shopify

Comfiq is powered by Shopify, but any purchases are made directly with Comfiq. Shopify is not responsible for any part of the sale or your use of our products.

Section 10 – Feedback

If you provide us with ideas, reviews or feedback (“Feedback”), you grant us a royalty-free, worldwide licence to use, reproduce and publish that Feedback for any purpose.

Section 11 – Errors and Inaccuracies

From time to time, information on our site may contain typographical errors, inaccuracies or omissions. We reserve the right to correct errors or cancel orders based on incorrect information.

Section 12 – Prohibited Uses

You may not use the Services for any unlawful, abusive, harmful, or fraudulent activity. We reserve the right to suspend or terminate accounts in breach of these Terms.

Section 13 – Termination

We may suspend or terminate your access to the Services at any time without notice if you violate these Terms.

Section 14 – Disclaimer of Warranties

Except as required by law, including the Australian Consumer Law, the Services and all products are provided “as is” and “as available,” without warranties of any kind.

Section 15 – Limitation of Liability

To the fullest extent permitted by law, Comfiq is not liable for any indirect, incidental, special or consequential loss.

Nothing in these Terms excludes, restricts or modifies any consumer guarantees under the Australian Consumer Law that cannot be excluded.

Section 16 – Indemnification

You agree to indemnify Comfiq and its affiliates against claims or losses arising from your breach of these Terms or misuse of the Services.

Section 17 – Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Section 18 – Entire Agreement

These Terms, together with our Privacy Policy and Refund & Exchange Policy, constitute the entire agreement between you and Comfiq.

Section 19 – Changes to Terms

We may update these Terms at any time. Material changes will be communicated via our website or email. Continued use of the Services after changes are posted constitutes acceptance.

Section 20 – Contact Information

Questions about these Terms should be sent to:

Comfiq Wear
Email: care@thecomfiq.com
Address: 4/71-83 Asquith Street, Silverwater NSW 2127
ABN: 687 197 351