Terms of service

Terms of Service – Aussom Aussie BBQ

OVERVIEW

Welcome to Aussom Aussie BBQ (the “Store”). The terms “we,” “us,” and “our” refer to Aussom Aussie BBQ. We operate this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”), to provide you with a curated shopping experience.

Our Store is hosted and powered by Shopify Inc., which enables us to provide the Services to you.

These Terms of Service (“Terms”) together with any policies referenced or linked herein (including our Privacy Policy, Refund Policy, and Shipping Policy) govern your access to and use of the Services, and form a legally binding agreement between you and Aussom Aussie BBQ.

By visiting, browsing, or purchasing from our Store, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree with these Terms or our Privacy Policy, you must not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you represent and warrant that:

You are at least the age of majority in your state or province of residence; and
You have authorized any minor dependents using the Services on devices you own, purchase, or manage.
To use certain features of the Services (including placing orders), you may be required to provide information such as your name, email address, billing details, and shipping address. You agree that all information you provide will be current, accurate, and complete, and that you have the right to provide such information.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person. We reserve the right, in our sole discretion, to suspend or terminate your account if we believe your information is inaccurate, incomplete, or used in violation of these Terms.

 
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display our products accurately, including colors, sizes, and packaging. However, variations may occur due to screen settings, lighting, or manufacturing differences. We do not warrant that product appearance, color, or packaging will exactly match images shown online, and minor variations will not constitute a defect or basis for return beyond what is permitted in our Refund Policy 

All product descriptions, specifications, and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to:

Discontinue any product at any time;
Limit the sale of products to any person, household, geographic region, or jurisdiction;
Limit the quantities of any product that we offer.
We may exercise these rights on a case-by-case basis.

We do not guarantee that any product, service, or content will always be available. We reserve the right to modify or discontinue any part of the Services without notice, and we shall not be liable to you or any third party for any modification, suspension, or discontinuation.

 
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase the products in your cart. All orders are subject to our acceptance. We reserve the right, in our sole discretion, to accept or decline any order for any reason, including but not limited to:

Product availability
Errors in product or pricing information
Suspected fraud or unauthorized or illegal activity
Shipping address or payment issues
Your order is not accepted until we confirm acceptance (for example, via an order confirmation email) and your payment has been successfully processed.

We may cancel or refuse any order, or part of an order, and will attempt to notify you using the email, billing address, and/or phone number provided. If we cancel an order after your payment has been processed, we will issue a refund for the canceled portion.

Please review orders carefully before submission. Once an order is accepted and processing has begun, we may be unable to modify or cancel the order.

All purchases are subject to our Refund & Return Policy [LINK], which is incorporated into these Terms by reference.

You represent and warrant that your purchases are for personal or household use only, and not for resale, redistribution, or export, unless expressly authorized by us in writing.

SECTION 4 – PRICES, BILLING & TAXES
All prices are listed in [INSERT CURRENCY] and are subject to change without notice. The price charged for a product will be the price in effect at the time you place your order and will be set forth in your order confirmation

Unless explicitly stated otherwise, prices do not include:

Taxes (sales, VAT, or similar)
Shipping and handling charges
Customs duties, import fees, or other governmental charges
You are responsible for all applicable taxes and charges, which will be added at checkout where required by law.

From time to time we may run promotions, discounts, or offers. These are subject to separate terms and may be modified or discontinued at any time. If there is a conflict between promotion-specific terms and these Terms, the promotion terms will govern for that specific promotion.

You agree to provide current, complete, and accurate purchase and payment information for all transactions. You authorize us (and our payment processors) to charge your chosen payment method for all amounts due, including taxes, shipping, and any other charges.

You further represent and warrant that:

The payment information you provide is true, correct, and complete;
You are duly authorized to use the payment method provided;
Charges incurred by you will be honored by your payment provider; and
You will promptly update your account information, such as email address and payment details, as necessary.
We reserve the right to correct any errors or mistakes in pricing, even after an order has been submitted, and may cancel any orders arising from such errors, with a refund where applicable.

SECTION 5 – SHIPPING, DELIVERY & RISK OF LOSS
Shipping options, delivery estimates, and costs will be presented at checkout and may vary by region. Delivery times are estimates only, not guarantees, and may be affected by carrier delays, weather, customs processing, or other factors beyond our control.

Once we hand off your order to the shipping carrier, title and risk of loss pass to you. We are not responsible for:

Delays in delivery;
Lost, stolen, or misdelivered packages due to incorrect or incomplete addresses provided by you;
Carrier handling after pickup.
Any shipping and handling fees are non-refundable, except where required by law or where we determine, in our sole discretion, that a refund is appropriate (e.g., our error).

For more details, please review our Shipping Policy [LINK].

 
SECTION 6 – INTELLECTUAL PROPERTY
The Services and all content within them—including but not limited to text, graphics, logos, images, product designs, audio, video, and the design, selection, and arrangement thereof—are owned by Aussom Aussie BBQ, its affiliates, or its licensors, and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial use only. You may not:

Reproduce, distribute, modify, or create derivative works of any content;
Publicly display, perform, republish, download, store, or transmit any material from the Services;
Use any data mining, robots, or similar data-gathering tools.
Nothing in these Terms grants you any rights to our trademarks, logos, trade dress, or other intellectual property. All rights not expressly granted are reserved by Aussom Aussie BBQ.

 
SECTION 7 – OPTIONAL TOOLS
We may provide access to tools, apps, or features offered by third parties. These are provided “as is” and “as available” without warranties of any kind and without any endorsement.

Your use of any third-party tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms of the relevant third-party providers.

We are not liable for any damages arising from or related to your use of any optional third-party tools.

 
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links or access to third-party websites, content, or services. We do not control, endorse, or assume responsibility for any third-party materials.

Your access to and use of such third-party sites is at your own risk. We are not liable for any loss or damage arising from your dealings with third-party websites or products. Please review the third party’s terms and policies before engaging in any transactions.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE: This section is provided by Shopify and should not be removed or substantially modified.]

Aussom Aussie BBQ is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Aussom Aussie BBQ.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Aussom Aussie BBQ, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Aussom Aussie BBQ.

 

 
 

SECTION 10 – PRIVACY
All personal information we collect through the Services is subject to our Privacy Policy, which explains how we collect, use, share, and protect your data.

Because our Store is hosted by Shopify, certain personal information will also be processed by Shopify in accordance with Shopify’s Privacy Policy. By using the Services, you acknowledge that your information may be transmitted to and processed in countries other than where you reside.

Please review our Privacy Policy for more details.

 
SECTION 11 – FEEDBACK & REVIEWS
If you submit reviews, comments, ideas, suggestions, or other content (“Feedback”), you grant Aussom Aussie BBQ a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any lawful purpose, including for marketing and improving the Services.

You represent and warrant that:

You own or control all rights to your Feedback;
Your Feedback is accurate and not misleading;
Your Feedback does not infringe any third-party rights or violate any law.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be inappropriate, unlawful, offensive, or in violation of these Terms.

You are solely responsible for any Feedback you submit. We are not responsible or liable for any Feedback posted by you or third parties.

SECTION 12 – ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions, including those related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

We reserve the right, at any time and without notice (including after an order has been submitted), to:

Correct any errors, inaccuracies, or omissions;
Change or update information;
Cancel or refuse orders based on inaccurate information.
If we cancel an order due to such errors, we will issue a refund for any amount already paid.

 

SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

For any unlawful, fraudulent, or malicious purpose;
To violate any applicable laws or regulations;
To infringe our intellectual property rights or the rights of others;
To harass, abuse, insult, harm, defame, slander, intimidate, or disparage others;
To submit false or misleading information;
To upload or transmit viruses or malicious code;
To spam, phish, pharm, pretext, spider, crawl, or scrape;
To interfere with or circumvent security features of the Services.
We reserve the right to suspend or terminate your access to the Services, without notice, if we believe you have violated these Terms or engaged in harmful conduct.

 
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time, for any reason, with or without notice, including if we believe you have violated these Terms.

You will remain liable for all amounts due up to and including the date of termination.

Sections that by their nature should survive termination—such as Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and others—will continue in full force and effect.

 

SECTION 15 – DISCLAIMER OF WARRANTIES
Except as expressly stated by Aussom Aussie BBQ, the Services and all products and content offered through the Services are provided “as is” and “as available” without any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not warrant that:

The Services will be uninterrupted, timely, secure, or error-free;
Any defects will be corrected;
The information available on the Services is accurate, complete, or current.
Your use of the Services and any products obtained through them is at your sole risk.

Some jurisdictions do not allow limitations on implied warranties, so some of the above disclaimers may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AUSSOM AUSSIE BBQ OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR AFFILIATES, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, ARISING OUT OF OR RELATED TO:

YOUR USE OF OR INABILITY TO USE THE SERVICES;
ANY PRODUCTS PURCHASED THROUGH THE SERVICES;
ANY CONTENT OR ERRORS ON THE SERVICES.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES OR ANY PRODUCTS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT(S) AT ISSUE IN THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Some jurisdictions do not allow limitation of liability for certain damages, so some of the above limitations may not apply to you.

 

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Aussom Aussie BBQ, Shopify, and their respective affiliates, officers, directors, employees, agents, contractors, and service providers from and against any claims, demands, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use or misuse of the Services or products;
Your breach of these Terms or any policies incorporated herein;
Your violation of any law or the rights of a third party.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification, and you agree to cooperate fully with our defense.

 

SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the unenforceable portion will be deemed severed. This will not affect the validity or enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or rules posted on the site (including the Privacy Policy, Refund Policy, and Shipping Policy), constitute the entire agreement between you and Aussom Aussie BBQ and supersede all prior or contemporaneous communications and proposals, whether oral or written.

Any ambiguity in the interpretation of these Terms will not be construed against the drafting party.

 

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section is void.

We may assign, transfer, or delegate our rights and obligations under these Terms without notice or consent.

 

SECTION 21 – GOVERNING LAW
These Terms and any disputes arising out of or related to the Services or products shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law rules.

You agree that the state and federal courts located in Maricopa County, Arizona shall have exclusive jurisdiction over any disputes, and you consent to personal jurisdiction and venue in such courts.

 

SECTION 22 – HEADINGS
Section headings are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE
We may update or change these Terms from time to time in our sole discretion. The most current version will always be posted on this page, with the “Last Updated” date at the top.

Your continued use of the Services after any changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services.

SECTION 24 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to:

📧 [email protected]

Business Name: Aussom Aussie BBQ

Email: [email protected]

Address: 10632 N Scottsdale Rd, Scottsdale Az 85254

Phone: (844) 428-7766