Terms of service

Overview

Welcome to 4HG Shop. The terms “we”, “us” and “our” refer to 4HG Shop. We operate this website, including all related information, content, features, tools, products and services (the “Services”). Our store is powered by Shopify, which enables us to provide these Services to you.

These Terms of Service (“Terms”), together with any policies referenced within them, describe your rights and responsibilities when using our Services.

Please read these Terms carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use our Services.

Section 1 - Access and Account

By agreeing to these Terms, you confirm that you are at least the age of majority in your place of residence, or that you have given consent for any minor dependents to use the Services on devices you own or manage.

To use our Services, you may be required to provide information such as your email address, billing details, payment information, and shipping address. You agree that all information provided is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer or assign your account to another person.

Section 2 - Our Products

We strive to present our products and services as accurately as possible. However, colours and appearance may vary depending on your device and display settings.

We do not guarantee that product appearance or quality will exactly match what is shown on your screen.

All product descriptions are subject to change without notice. We reserve the right to discontinue products or limit quantities available to any person, region, or jurisdiction.

Section 3 - Orders

Placing an order constitutes an offer to purchase. We reserve the right to accept or decline any order at our discretion. Orders are not confirmed until payment has been processed and acceptance has been communicated.

Please review your order carefully before submitting. Once an order is accepted, changes or cancellations may not be possible.

If we need to cancel or modify an order, we will attempt to notify you using the contact details provided at checkout.

All purchases are subject to our Refund Policy.

You confirm that purchases are for personal use only and not for resale or export.

Section 4 - Prices and Billing

Prices, discounts, and promotions may change without notice. The price charged will be the price displayed at the time your order is placed.

Unless stated otherwise, prices do not include taxes, shipping, customs duties, or import fees. For more information, please refer to our Shipping Policy.

Prices may differ from those offered in other stores or platforms. Promotions may have separate terms, which will take precedence where applicable.

You agree to provide accurate and complete billing and payment information and to keep this information up to date.

By placing an order, you confirm that:

  • your payment details are accurate and authorised;
  • your payment provider will honour the transaction; and
  • you will pay all charges, including applicable taxes and fees.

Section 5 - Shipping and Delivery

Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or external factors.

Products are made to order and fulfilled by third-party partners, which may impact production and delivery times. For more information, please refer to our Shipping Policy.

Once an order has been handed to the shipping carrier, ownership and risk of loss pass to you.

Section 6 - Intellectual Property

All content within our Services — including text, graphics, images, designs, and branding — is owned by 4HG Shop or its licensors and is protected by applicable intellectual property laws.

You may use our Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, or exploit any content without prior written permission.

All trademarks, logos, and brand elements are the property of their respective owners and may not be used without permission.

Section 7 - Optional Tools

We may provide access to third-party tools that we do not control or monitor.

These tools are provided “as is” and “as available” without warranties or endorsements. We are not responsible for any issues arising from your use of these tools.

Your use of third-party tools is at your own risk. You should review the terms and conditions of any third-party provider before using their services.

New features or tools added in the future will also be subject to these Terms.

Section 8 - Third-Party Links

Our Services may include links to third-party websites or resources. We are not responsible for their content, accuracy, or practices.

If you access third-party websites, you do so at your own risk. We are not liable for any harm or damages resulting from your interactions with third-party services.

Please review the policies of any third-party site before engaging with them.

Section 9 - Relationship with Shopify

Our store is powered by Shopify, which enables us to provide the Services. However, all purchases are made directly with 4HG Shop.

Shopify is not responsible for any transactions, products, or services purchased through our store.

By using our Services, you agree to release Shopify and its affiliates from any claims related to your purchases.

Section 10 - Privacy Policy

Your personal information is handled in accordance with our Privacy Policy. Certain data may also be processed by Shopify in accordance with their privacy policy, available here.

By using our Services, you acknowledge that your information may be shared with Shopify and third-party providers as necessary to fulfil your order and provide our Services.

Section 11 - Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.

You also represent and warrant that:

  • you own or have all necessary rights to all Feedback;
  • you have disclosed any compensation or incentives received in connection with your submission of Feedback; and
  • your Feedback will comply with these Terms.

We are under no obligation to:

  • maintain your Feedback in confidence;
  • pay compensation for your Feedback; or
  • respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

Section 13 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

  • for any unlawful or malicious purpose;
  • to violate any international, federal, provincial, state, or local laws or regulations;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
  • to transmit false or misleading information;
  • to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • to impersonate or attempt to impersonate any person or entity; or
  • to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm 4HG Shop, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

  • upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
  • reproduce, duplicate, copy, sell, resell or exploit any portion of the Services;
  • collect or track the personal information of others;
  • spam, phish, pharm, pretext, spider, crawl, or scrape; or
  • interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 - Termination

We may terminate this agreement or your access to the Services, or any part of them, in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 15 - Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Except as expressly stated by 4HG Shop, the services and all products offered through the services are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

Nothing in these Terms excludes, restricts or modifies any consumer rights guaranteed under Australian Consumer Law that cannot be excluded by law.

Section 16 - Limitation of Liability

To the fullest extent permitted by law, in no case shall 4HG Shop, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise.

This applies to your use of the Services, any products procured using the Services, or any other claim related in any way to your use of the Services or any product, including but not limited to errors or omissions in any content, or any loss or damage incurred as a result of the use of the Services or any content or product made available through the Services, even if advised of their possibility.

Section 17 - Indemnification

You agree to indemnify, defend and hold harmless 4HG Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party.

This applies to claims arising out of:

  • your breach of these Terms of Service or any referenced policies;
  • your violation of any law or the rights of a third party; or
  • your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced.

We may control the defence and settlement of such claim at your expense, including the choice of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).

You agree to cooperate in the defence of any such claims, including by providing relevant information or documentation.

Section 18 - Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

This determination shall not affect the validity and enforceability of any remaining provisions.

Section 19 - Waiver; Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall 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 and understanding between you and us and govern your use of the Services.

They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, including previous versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 20 - Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.

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

Section 21 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

You and 4HG Shop consent to the exclusive jurisdiction of the courts of New South Wales.

Section 22 - Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 23 - Changes to Terms of Service

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website.

It is your responsibility to check this page periodically for changes. Where required by law, we will notify you of material changes.

Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Section 24 - Contact Information

If you have any questions about these Terms of Service, you can contact us at:

4HG Shop
Email: support@4hg.shop
Address: 41/1 Werombi Road, Mount Colah, NSW 2079, Australia
Phone: 0457 990 070
ABN: 57 545 991 851

You may also reach out via our contact page.