Terms of Service

Overview

This website is operated by OmniTrade Ecommerce Enterprises Pty Limited (ABN 99 674 967 643), trading as Hive & Hush. Throughout these Terms of Service, "we", "us" and "our" refer to Hive & Hush.

By visiting our website or purchasing from us, you agree to these Terms of Service, together with our Privacy Policy, Shipping Policy and Returns & Refund Policy. These Terms apply to everyone who uses our website, including browsers and customers. If you do not agree to these Terms, please do not use our website.

Nothing in these Terms excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be excluded.

Our store is hosted on Shopify, which provides the e-commerce platform that allows us to sell our products to you.

1. Using Our Store

By agreeing to these Terms, you confirm that you are at least 18 years old, or that you are using our website with the involvement of a parent or guardian.

You must not use our products or website for any unlawful purpose, and you must not upload or transmit any viruses or harmful code.

2. General Conditions

We may refuse service to anyone where we have a reasonable basis to do so, such as suspected fraud or misuse of our website.

Card payment information is always encrypted when it is transferred. Other information you send us may be transferred across networks as needed to operate our website.

You must not reproduce, copy, sell or exploit any part of our website or its content without our written permission.

Headings in these Terms are for convenience only and do not affect their meaning.

3. Accuracy of Information

We work hard to keep the information on our website accurate and up to date. From time to time, information may be incomplete or out of date, and we may update it at any time.

4. Changes to Our Website and Prices

Prices may change without notice, but the price you pay is the price shown at checkout when you place your order. We may update, modify or discontinue parts of our website or products at any time.

5. Products

Some products may be available online only and in limited quantities. Returns are handled in line with our Returns & Refund Policy and your rights under the Australian Consumer Law.

We make every effort to show product colours and images accurately, but colours may look slightly different depending on your screen.

We may limit the quantity of products sold to any person, household or region, and we may discontinue products at any time.

6. Orders, Billing and Account Information

We may refuse or cancel an order, or limit quantities per person, household or order, for example where we suspect fraud, reselling or a pricing error. If we cancel or change your order, we will contact you using the email or phone number provided and refund any payment for the cancelled items.

You agree to provide current, complete and accurate purchase and account information, and to update it when it changes, so we can complete your order and contact you if needed.

Our website may include tools, content or links provided by third parties, such as payment providers, review platforms and delivery tracking. We do not control these third parties, and their own terms and privacy policies apply when you use them. Please review them before using their services.

8. Comments, Reviews and Feedback

If you send us reviews, photos, suggestions or other content, you allow us to use, edit and publish that content in connection with our business, without payment. You agree that your content is your own, is accurate and does not infringe anyone else's rights or contain anything unlawful, offensive or misleading.

We may remove content that we reasonably consider unlawful, offensive or in breach of these Terms. We will never edit a review in a way that changes its meaning.

9. Personal Information

Any personal information you provide is handled in line with our Privacy Policy and the Privacy Act 1988 (Cth). View our Privacy Policy here.

10. Errors and Omissions

Occasionally our website may contain errors in product descriptions, pricing, promotions, shipping times or availability. We may correct these errors at any time. If an error affects an order you have already placed, we will contact you before your order ships, and you can choose to continue at the correct price or cancel for a full refund.

11. Prohibited Uses

You must not use our website or its content to:

  • Break any law or encourage others to do so
  • Infringe our intellectual property or anyone else's
  • Harass, abuse, defame or discriminate against anyone
  • Submit false or misleading information
  • Upload viruses or harmful code
  • Collect other people's personal information
  • Spam, phish, scrape or crawl our website without permission
  • Interfere with the security of our website

We may suspend or end your use of our website if you breach these rules.

12. Your Rights Under Australian Consumer Law and Limitation of Liability

Our goods 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 goods 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 excludes, restricts or modifies those rights. To the extent permitted by law, and apart from those rights:

  • We do not guarantee that our website will always be available, uninterrupted or error-free
  • We are not liable for any indirect or consequential loss arising from your use of our website
  • Where our liability for goods or services cannot be excluded but can be limited, it is limited to replacing or repairing the goods, or refunding the price paid

13. Responsibility for Your Actions

You are responsible for any loss or claim we incur that is caused by your breach of these Terms or your breach of any law, to the extent that loss or claim results from your actions.

14. Severability

If any part of these Terms is found to be unlawful or unenforceable, that part will be removed or limited to the minimum extent needed, and the rest of these Terms will continue to apply.

15. Termination

You can stop using our website at any time. We may suspend or end your access to our website if you breach these Terms. Any rights or obligations that arose before termination continue to apply.

16. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy and Returns & Refund Policy, form the entire agreement between you and us about your use of our website. If we do not enforce any part of these Terms, that does not mean we have waived our right to do so.

17. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia. If you live in New Zealand, nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ).

18. Changes to These Terms

We may update these Terms from time to time, for example to reflect changes in the law or our services. The current version will always be on this page, and any changes apply to orders placed after the update is published. Orders already placed are governed by the Terms in place at the time of purchase.

19. SMS Marketing

If you provide your mobile number and opt in to SMS marketing, you agree to receive marketing messages from Hive & Hush, such as exclusive offers, new product launches and promotions. We send these messages in line with the Spam Act 2003 (Cth).

How often: up to 4 messages per month, plus occasional messages for special promotions.

How to opt out: reply STOP to any message, or contact us at hello@hiveandhush.com.au. After opting out, you may still receive messages about your orders, such as shipping updates.

Your information: your mobile number is used only to send you messages from Hive & Hush and is handled in line with our Privacy Policy. We never sell your information.

Costs: standard message rates from your mobile provider may apply.

20. $250 Hush Gift Card Terms & Conditions

Promoter: OmniTrade Ecommerce Enterprises Pty Limited (ABN 99 674 967 643), trading as Hive & Hush.

Who can enter: the draw is open to residents of Australia and New Zealand aged 18 or over. Employees of the promoter and their immediate families are not eligible.

How to enter: subscribe to the Hive & Hush email list (Join The Hive). Each subscriber receives one entry into each monthly draw while they remain subscribed. No purchase is necessary. If you unsubscribe, you will not be entered into future draws.

Draw period: a draw is held each calendar month. Entries for each draw close at 11:59pm AWST on the last day of the month.

How the winner is drawn: one winner is drawn at random from all eligible entries within 7 days of the end of each month.

How the winner is notified: the winner is notified by email to the address they subscribed with. If the winner does not respond within 14 days, a new winner may be drawn at random from the remaining eligible entries.

The prize: a $250 Hush Gift Card, issued as store credit to spend on hiveandhush.com.au. The prize is not redeemable for cash or electronic funds, cannot be transferred, and any unused balance cannot be exchanged for cash. The gift card is valid for 3 years.

Winner's details: we may publish the winner's first name, last initial and state or region. Winners will not be named without their permission beyond these details.

Privacy: entrant details are collected for the draw and for sending Join The Hive emails, and are handled in line with our Privacy Policy.

General: the promoter may amend, suspend or end the draw if circumstances beyond its control prevent it from running as planned, subject to any applicable laws and permits. Nothing in these terms limits your rights under the Australian Consumer Law.

21. Contact Us

Questions about these Terms of Service can be sent to our Australian team, who reply within 24 hours during the week and 48 hours on weekends.

Email: hello@hiveandhush.com.au

Hive & Hush by OmniTrade Ecommerce Enterprises Pty Limited

ABN: 99 674 967 643