Terms of Service – Starleaton Pty Ltd

Overview

Welcome to Starleaton! The terms “we”, “us” and “our” refer to Starleaton Pty Ltd (ABN 74 051 081 031). Starleaton 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”). Starleaton is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (the “Terms”), 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 and our Privacy Policy. If you do not agree, you should not use or access our Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, 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 of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing products, you may be asked to provide certain information such as your email, billing, payment and shipping details. You warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity under your account.

Section 2 – Our Products

We make every effort to provide accurate representations of our products and services. However, colours or appearance may differ from what you see on screen. We do not warrant that product quality will meet your expectations. Product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product or limit quantities by person, region, or jurisdiction.

Section 3 – Orders

When you place an order, you make an offer to purchase. Starleaton Pty Ltd reserves the right to accept or decline any order. An order is not accepted until confirmed by us, and we must receive and process payment first. Please review orders carefully, as we may be unable to cancel after acceptance. If an order is declined, changed, or cancelled, we will attempt to notify you using the details provided at checkout.

Purchases are subject to our Refund Policy. You warrant that purchases are for personal or household use and not for resale or export.

Section 3A – Payment, Credit & Surcharges

3A.1 Time for payment. If you do not have a credit account with Starleaton Pty Ltd, payment for goods must be received in cleared funds prior to delivery. If you have an approved credit account, you agree to pay for consumable products within the agreed terms from end of month of purchase, and to pay in full prior to delivery for orders of Capital Equipment (hardware, software, spare parts or other non-consumables).

3A.2 Default. If any amount is unpaid by the due date, we may charge interest on overdue amounts calculated daily (at a reasonable commercial rate reflecting our cost of funds) and you must reimburse reasonable costs of recovery (including agency and legal fees).

3A.3 Card surcharges. A credit card surcharge may apply to account payments made after agreed credit terms; and for Capital Equipment invoices a surcharge may apply regardless of payment date. (For example: American Express 3%; Visa/Mastercard 1.5%.)

3A.4 Credit. Credit is at our sole discretion. We may reduce, refuse or withdraw credit at any time and may request guarantees (including directors’ guarantees) as a condition of granting or continuing credit.

Section 4 – Prices, Taxes & Minimums

Unless expressly stated otherwise, prices are exclusive of GST, freight and handling. We may amend prices at any time and may set a minimum order value or apply a surcharge for non-standard pack sizes.

Section 5 – Shipping and Delivery

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Once products are handed to the carrier, title and risk of loss passes to you.

Section 6 – Retention of Title & PPSA

6.1 Title. Title to goods does not pass until we receive full payment of all amounts owing for all goods in your possession at the time of payment. We may reclaim possession if payment is not made in accordance with these Terms.

6.2 PPSA (AU). You grant us a security interest (including a purchase money security interest) in the goods and their proceeds under the Personal Property Securities Act 2009 (Cth). You agree we may take any steps (including registration) to perfect and protect that security interest. You waive any right to receive certain notices to the extent permitted by law and must not permit any other security interest to be registered over the goods without our consent.

Section 7 – Delivery, Risk & Unexpected Delay

7.1 Delivery. We may make partial deliveries. Any delivery dates quoted are estimates only and we are not liable for direct or indirect loss arising from late or non-delivery.

7.2 Risk. Risk passes on delivery to your premises or on collection from our premises.

7.3 Shortages & damage. Claims for delivery shortages or damage must be made within 7 days of delivery. A signed delivery docket/consignment note is prima facie evidence that the delivery was received in apparent good order and quantity.

7.4 Unexpected delay. Where an event beyond our reasonable control (including accident, strike, cyberattack, transport difficulty, stock shortages, epidemic/pandemic, or similar) prevents or delays performance, we may suspend performance until the event ceases without liability for resulting delay.

Section 8 – Returns & Exchanges (RMA)

8.1 RMA required. Returns are not accepted unless we issue a Return Materials Authorisation (RMA). Any claims must be lodged within 14 days of delivery, except where a longer period applies under the Australian Consumer Law (ACL).

8.2 Customer error. For change-of-mind or incorrectly ordered goods, a restocking fee of up to 20% may apply. Goods must be unopened, unused, in original packaging, and have at least the manufacturer’s minimum remaining shelf life where applicable.

8.3 Remedy. Our liability for breach of a condition or warranty in relation to products is limited (to the extent permitted by law) to repair or replacement, supply of equivalent goods, or refund of the price paid, at our option. This is in addition to your non-excludable rights under the ACL.

8.4 Credit notes. Unless agreed otherwise, credit notes expire 6 months from issue.

Section 9 – Limitation of Liability

To the fullest extent permitted by law and except as required under the ACL, we exclude liability for Consequential Loss (including loss of use, production, income or profits, opportunity, savings, goodwill, increased operating costs, delay or loss of time, or any indirect/special loss). Our aggregate liability for non-excluded loss is limited to the price paid for the products giving rise to the liability.

Section 10 – Change in Ownership

You must notify us in writing within 7 days of any change in ownership or directorship. You indemnify us against loss arising from failure to notify.

Section 11 – Intellectual Property

All content, trademarks, designs, logos, text, graphics, images, video, and audio in our Services are owned by Starleaton Pty Ltd, its affiliates, or licensors, and are protected under Australian and international intellectual property laws. You may use the Services for personal, non-commercial use only. No licence or rights are granted except as expressly set out in these Terms.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally, information in our Services may contain errors or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct such errors, update information, or cancel orders at any time without prior notice.

Section 12A – Product Description, Stock & Images

We take care to ensure product descriptions are accurate, but errors may occur. If so, you may return the product for a remedy in accordance with Section 8 and the ACL.

Stock levels are indicative only. If goods are unavailable, we will notify you and apply the delivery and risk terms in Section 7.

Images are provided for illustrative purposes and may not exactly represent the product supplied.

Section 13 – Prohibited Uses

You may only use our Services for lawful purposes. Prohibited uses include, but are not limited to: unlawful conduct, infringing intellectual property, harassing others, transmitting viruses, sending spam, impersonation, or attempting to interfere with security features. We reserve the right to suspend or terminate access if these Terms are breached.

Section 14 – Cancellation of Accounts / Orders

We may refuse service, terminate accounts or cancel orders on reasonable notice, subject to applicable law.

Section 15 – Disclaimer of Warranties

Our Services and all products are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee uninterrupted, timely, or error-free use of the Services. Some jurisdictions do not allow such disclaimers, so parts may not apply to you.

Section 16 – Indemnification

You agree to indemnify and hold harmless Starleaton Pty Ltd, Shopify, and their affiliates from any claims, losses, or damages arising from your breach of these Terms or your misuse of the Services.

Section 17 – Governing Law

These Terms shall be governed by and construed under the laws of New South Wales, Australia. You agree to submit to the jurisdiction of the courts of New South Wales.

Section 18 – Headings

Headings are for convenience only and do not affect interpretation.

Section 19 – Changes to Terms of Service

We may update these Terms by posting changes to our website. Material changes will be notified as required by law. Continued use of our Services constitutes acceptance of the updated Terms.

Section 20 – Contact Information

Questions about these Terms should be directed to:

• Trading Name: Starleaton Pty Ltd
• ABN / GST Registration: 74 051 081 031
• Email: hello@starleaton.com.au
• Phone: 1300 063 239
• Business Address: 7 Cleg St, Artarmon NSW 2064, Australia