Terms of service

Overview

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

These Terms of Service (the “Terms”) describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Access and Account

By using our Services, you represent that you are at least the age of majority in your jurisdiction or that you are using the Services with the permission and oversight of a parent or legal guardian.

To use the Services, you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. Accounts are non-transferable.

2. Our Products

We have made every effort to accurately represent our products. However, colors or product appearance may differ depending on your device or screen settings.

All product descriptions, availability, and prices are subject to change without notice. We may discontinue or limit products at our discretion.

3. Orders

When you place an order, you make an offer to purchase. Fluxxa reserves the right to accept or decline any order. Orders are not accepted until Fluxxa confirms acceptance and receives payment.

Please review your order carefully. Refunds and exchanges are governed by our Refund Policy.

You represent that your purchases are for personal use and not for resale or export. Nothing in these Terms limits your rights under Australian Consumer Law (ACL).

4. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. Prices do not include taxes, shipping, handling, customs, or import charges unless stated.

You agree to provide accurate payment information and update it as needed. You represent that you are authorized to use the payment method provided.

5. Shipping and Delivery

Delivery times are estimates only. Fluxxa is not responsible for delays caused by shipping carriers, customs, or events outside our control. Once products are transferred to the carrier, title and risk of loss passes to you.

Nothing in this section limits your rights under Australian Consumer Law.

6. Intellectual Property

All content on the Services — including trademarks, text, images, graphics, videos, and design — is owned by Fluxxa, its affiliates, or licensors and is protected by copyright and other intellectual property laws.

You may use the Services for personal, non-commercial purposes only. Unauthorized use may violate intellectual property laws.

7. Optional Tools

We may provide access to third-party tools. These are provided “as is” and “as available” without warranties. Use of optional tools is at your own risk.

8. Third-Party Links

The Services may link to third-party websites. We are not responsible for their content, accuracy, or practices. Interactions with third-party sites are at your own risk.

9. Relationship with Shopify

Fluxxa is powered by Shopify. All sales are made directly with Fluxxa. Shopify is not responsible for any aspect of sales, including products, services, or transactions. You release Shopify from all claims arising from your use of the Services.

10. Privacy Policy

All personal information is subject to our Privacy Policy. Certain information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge you have read these privacy policies.

11. Feedback

By submitting feedback, you grant Fluxa a perpetual, worldwide, royalty-free license to use it. You represent that you own the feedback and that it complies with these Terms. Fluxa is not obligated to maintain confidentiality or provide compensation.

12. Errors, Inaccuracies, and Omissions

We may correct errors, inaccuracies, or omissions, including in product descriptions, prices, or promotions, without prior notice.

13. Prohibited Uses

You may only use the Services for lawful purposes. You may not:

  • Violate laws or regulations

  • Infringe intellectual property rights

  • Upload viruses, spam, or harmful content

  • Interfere with security features

We may suspend or terminate accounts that violate these rules.

14. Termination

We may terminate your access at any time without notice. Sections on Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Privacy Policy, and other provisions survive termination.

15. Disclaimer of Warranties

The Services and all products are provided “as is” and “as available” without warranties, except as expressly stated. This disclaimer does not affect any non-excludable rights under applicable law, including ACL.

16. Limitation of Liability

To the fullest extent permitted by law, Fluxa and Shopify are not liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the Services.

This limitation does not apply to liability that cannot be excluded under applicable law.

17. Indemnification

You agree to indemnify and hold harmless Fluxxa, Shopify, and their affiliates from any claims or losses arising from:

  • Your breach of these Terms

  • Violation of law or third-party rights

  • Use of the Services

18. Severability

If any provision is found unenforceable, it will be severed, and the remainder will remain in effect.

19. Waiver; Entire Agreement

Failure to enforce a provision does not waive that right. These Terms, along with referenced policies, constitute the entire agreement.

20. Assignment

You may not assign your rights or obligations without consent. Fluxxa may assign without notice.

21. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the exclusive jurisdiction of its courts.

22. Headings

Headings are for convenience and do not affect interpretation.

23. Changes to Terms of Service

We may update these Terms by posting changes on the website. Your continued use constitutes acceptance of updates.

24. Contact Information

Questions about these Terms can be sent to:
Email: cooper.j.needle@gmail.com