Terms of service

OVERVIEW

Welcome to Troutie! The terms "we", "us" and "our" refer to Troutie. Troutie operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). Troutie is powered by Shopify, which enables us to provide the Services to you. By visiting, interacting with or using our Services, including providing information such as your email, billing, payment, or shipping details, you represent that you are at least the age of majority in your state or territory of residence, and you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - OUR PRODUCTS

We make every effort to accurately represent our products, but colours and appearance may vary slightly depending on your screen and device settings. Product descriptions are subject to change at any time without notice, and we reserve the right to discontinue any product or limit quantities at our discretion.

SECTION 2 - ORDERS

When you place an order, you are making an offer to purchase. Troutie reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Troutie confirms acceptance, and we must receive and process your payment first. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we cancel or change an order, we will attempt to notify you using the contact details provided at checkout.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy, published on our website.

You represent that your purchases are for personal or household use and not for commercial resale or export.

SECTION 3 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Posted prices do not include shipping or handling unless stated otherwise. All prices are listed in Australian Dollars (AUD) and are inclusive of GST where applicable.

You agree to provide current, complete and accurate payment and account information, and you represent that you are authorised to use the payment method provided and that charges will be honoured by your card issuer.

SECTION 4 - SHIPPING AND DELIVERY

Please refer to our Shipping Policy, published on our website, for shipping methods, costs, and delivery timeframes. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, risk of loss passes to you, though your consumer guarantee rights under the Australian Consumer Law are not affected.

SECTION 5 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, images, graphics, and designs, are owned by Troutie, its affiliates or licensors and are protected by Australian and foreign copyright, trademark and other intellectual property laws.

You may use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, publicly display, download, or otherwise exploit any material on the Services without our prior written consent. Unauthorised use may violate intellectual property laws.

Troutie's name, logo, product names, designs, and slogans are trademarks of Troutie and must not be used without our prior written permission. Shopify's name, logo, and related marks are trademarks of Shopify.

SECTION 6 - RELATIONSHIP WITH SHOPIFY

Troutie is powered by Shopify, which enables us to provide the Services to you. Any sales you make in our store are made directly with Troutie, not Shopify. Shopify is not responsible for any aspect of sales between you and Troutie, including any injury, damage, or loss resulting from purchased products. You release Shopify and its affiliates from all claims, damages, and liabilities arising from your purchases and transactions with Troutie.

SECTION 7 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, published on our website, and is handled in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), where applicable. Certain personal information may also be subject to Shopify's own Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to provide and improve them, and this information may be shared with Shopify and other third parties as needed to provide the Services to you.

SECTION 8 - FEEDBACK

If you submit any ideas, suggestions, reviews, or other content to us ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, and display that Feedback for any purpose, including commercial use — for example, featuring customer reviews or photos in our marketing. You represent that you own or have the right to submit the Feedback, and that it does not infringe any third party's rights or contain unlawful, abusive, or misleading content. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it.

SECTION 9 - PROHIBITED USES

You may only use the Services for lawful purposes, and must not use them to violate any law, infringe our intellectual property or that of others, harass or harm any person, transmit false information or malicious code, impersonate another person or entity, or interfere with, bypass, or scrape the Services using automated tools or AI agents. We may suspend or terminate your access at any time, without notice, if we determine you have violated these Terms.

SECTION 10 - DISCLAIMER OF WARRANTIES

Information on the Services is provided for general purposes only. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by Troutie, the Services and all products offered are provided "as is" and "as available", without any warranty of any kind, to the fullest extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified. Where permitted, our liability for a failure to comply with a consumer guarantee is limited, at our option, to the replacement or repair of the goods, or the supply of equivalent goods.

SECTION 11 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Troutie, our partners, directors, officers, employees, agents, and those of Shopify, will not be liable for any indirect, incidental, punitive, special, or consequential damages — including lost profits, lost revenue, or loss of data — arising from your use of the Services or any products procured through them, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.

This limitation does not apply to, and nothing in these Terms limits, any liability that cannot lawfully be excluded or limited under the Australian Consumer Law, including liability for death or personal injury caused by our negligence, or for a failure to comply with a consumer guarantee where such a limitation is not permitted.

SECTION 12 - INDEMNIFICATION

You agree to indemnify and hold harmless Troutie, Shopify, and our respective affiliates, officers, directors, employees, and agents from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of your breach of these Terms, your violation of any law or third-party right, or your use of the Services.

SECTION 13 - GENERAL

We may terminate this agreement or your access to the Services at any time, in our sole discretion, without notice, and you will remain liable for all amounts due up to the date of termination. Provisions that by their nature should survive termination — including Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law — will continue to apply.

If any provision of these Terms is found unlawful or unenforceable, that provision will be severed and the remaining provisions will continue in full force. Our failure to enforce any right or provision does not waive that right. These Terms, together with any policies referenced herein, constitute the entire agreement between you and us regarding your use of the Services. You may not assign or transfer your rights under these Terms without our prior written consent; we may do so freely.

These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You and Troutie submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

We may update these Terms at any time by posting changes to our website. It is your responsibility to check periodically for updates. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 14 - CONTACT INFORMATION

Questions about these Terms should be sent to us at explore@troutie.com.au.

Troutie
explore@troutie.com.au
PO Box 7162, Glen Iris VIC 3146, Australia
ABN: 39 662 405 75