Terms of service
Last updated: June 2026
OVERVIEW
Welcome to Aqua Sunset! The terms "we", "us" and "our" refer to Aqua Sunset. Aqua Sunset operates this store and website, including all information, content, functionality, tools, products and services, in order to provide you, the customer, with a suitable shopping experience (the "Services"). Aqua Sunset is supported by Shopify, which allows us to provide you with the Services.
The terms and conditions below, together with any information contained therein ("Terms of Service" or "Terms") describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully as they include important information regarding your legal rights and cover areas such as warranty limitations and limitations of liability.
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 accept these Terms of Service or our Privacy Policy you must not use or access our Services.
SECTION 1 — ACCESS AND ACCOUNT
By accepting these Terms of Service you confirm that you are of legal age in the state or territory in which you reside, and that you have given us consent to allow any minors connected to you to use the Services on devices owned, purchased or managed by you.
To use the Services, including accessing or browsing our online store or purchasing products and services offered by us, you may need to provide certain information such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide in our store is accurate, current and complete and that you hold all necessary rights to provide such information.
You are responsible for all activity on your account and for protecting your account credentials. You must not transfer, sell, assign or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to accurately display our products and services in our online store. However, the display of colours and appearance of products may vary depending on the type of device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or shown in our online store.
All product descriptions are subject to change at any time without notice and at our discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any individual, geographic area or jurisdiction from time to time.
SECTION 3 — ORDERS
When you place an order you are making an offer to purchase. Aqua Sunset reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not confirmed until Aqua Sunset confirms its acceptance. We must receive and process payment before accepting an order. Please check your order carefully before submitting it, as Aqua Sunset may not be able to accommodate cancellation requests after acceptance. If an order is declined, modified or cancelled we will notify you via the email, billing address and/or phone number provided at the time of submission.
Your purchases are subject to return or exchange only in accordance with our Refund Policy.
You represent and warrant that you are purchasing for personal or household use and not for resale or export.
SECTION 4 — PRICING AND BILLING
All prices are listed in Australian Dollars (AUD). Prices, discounts and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time of order submission and will be confirmed in your order confirmation email. Unless otherwise specified, published prices do not include taxes, customs duties or shipping and handling costs.
Prices published in our online store may differ from prices offered in physical stores or through third parties. We may from time to time offer promotions that affect pricing and are subject to their own independent terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made in our store you agree to provide accurate, current and complete purchase, payment and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, to allow us to complete your transactions and contact you as necessary.
You represent and warrant that (i) the credit card information you provide is true, correct and complete; (ii) you are authorised to use that credit card for purchases; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay all charges incurred at the published prices, including shipping, handling and any applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures or events beyond our control. Once products have been transferred to the carrier, ownership and risk of loss pass to you.
SECTION 6 — RETURNS AND REFUNDS
We offer a 30-day money back guarantee on unopened and unused items in their original packaging. If you are not satisfied with your purchase please contact us within 30 days of receiving your order. Opened or used items are not eligible for change of mind returns. Return shipping costs are the responsibility of the customer. Refunds will be issued to your original payment method within 5-10 business days once the returned item has been received and inspected.
If your item arrives damaged or faulty please contact us within 7 days of receiving your order with supporting photos and we will arrange a replacement or full refund at no cost to you.
Our returns policy operates in accordance with the Australian Consumer Law (ACL). Nothing in these Terms limits or excludes any rights you may have under the ACL.
SECTION 7 — CHARGEBACKS
We encourage all customers to contact us directly before initiating a chargeback or dispute. We are committed to resolving all issues fairly and promptly. Fraudulent chargeback claims on delivered and accurately described orders will be disputed.
SECTION 8 — INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand, text, displays, images, graphics, product reviews, video and audio, as well as the design, selection and arrangement thereof, are owned by Aqua Sunset, its affiliates or licensors and are protected by Australian and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create copies of, publicly display, republish, download, store or transmit any material relating to the Services without our written consent. Unauthorised use of the Services may constitute a violation of applicable intellectual property laws.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Aqua Sunset is powered by Shopify, which allows us to provide you with the Services. However, all sales and purchases you make in our store are made directly with Aqua Sunset. By using the Services you understand and agree that Shopify is not responsible for any aspect of sales between you and Aqua Sunset, including any injury, damage or loss arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Aqua Sunset.
SECTION 10 — PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may be subject to Shopify's Privacy Policy. By using the Services you confirm that you have read the relevant privacy policies.
As it supports the Services, Shopify collects and processes personal data relating to your access and use of the Services in order to provide and improve the Services for you. Data you submit to the Services may be transmitted to and shared with Shopify and third parties who may be located in countries other than your own. Please refer to our Privacy Policy for more information on how we, Shopify and our partners use your personal data.
SECTION 11 — FEEDBACK
When you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively "Feedback"), you grant us a continuous, worldwide, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback through any medium for any purpose, including commercial purposes.
You confirm and agree that (i) you own all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received for submitting Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to maintain confidentiality of your Feedback, pay you for your Feedback, or respond to your Feedback.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
From time to time information in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders in the event of an error at any time without prior notice.
SECTION 13 — PROHIBITED USES
You may access and use the Services only for lawful purposes. You must not use the Services, directly or indirectly, to: (a) engage in any illegal or malicious activity; (b) violate any local, state, national or international laws or regulations; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, defame, threaten or intimidate any person; (e) transmit false or misleading information; (f) send unsolicited advertising or promotional material including spam or chain letters; (g) impersonate any person or entity; or (h) engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell or resell any part of the Services; (c) harvest or track the personal information of others; (d) engage in spamming, phishing, scraping or crawling; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we believe you have violated any part of these Terms.
SECTION 14 — LIMITATION OF WARRANTY
The information presented in or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of such information. You rely on such information entirely at your own risk.
To the extent permitted by law, the Services and all products offered through them are provided "as is" and "as available" without any representations, warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Nothing in these Terms affects any non-excludable rights you may have under the Australian Consumer Law.
SECTION 15 — LIMITATION OF LIABILITY
To the maximum extent permitted by law, Aqua Sunset, its partners, directors, officers, employees, affiliates, agents, suppliers and licensors are not liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data or replacement costs, arising from your use of the Services or any products obtained through the Services. Nothing in this section limits any liability that cannot be excluded under the Australian Consumer Law.
SECTION 16 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Aqua Sunset, Shopify and our affiliates, partners, officers, directors, employees, agents, suppliers and licensors from any losses, damages, liabilities or claims, including reasonable legal fees, made by any third party as a result of: (1) your breach of these Terms or any documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
SECTION 17 — SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such a determination will not affect the validity and enforceability of any remaining provisions.
SECTION 18 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement between you and us with respect to your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written.
SECTION 19 — CHANGES TO TERMS OF SERVICE
You can review the current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following any changes constitutes your acceptance of those changes.
SECTION 20 — CONTACT
Questions about the Terms of Service should be sent to support@aquasunset.com