Terms of service

OVERVIEW
This website is operated by Ace Chef Apparels. Throughout the site, the terms “we”, “us” and “our” refer to Ace Chef Apparels. Ace Chef Apparels offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments 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 comments will not contain libelous 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 Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our products & service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
In no case shall Ace Chef Apparels, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, 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, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ace Chef Apparels and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our products and or Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - CURRENCY, TAXES, AND DUTY

Note that all product prices indicated and payments made on this site are in Australian Dollar currency AUD. For within orders being shipped in Australia, prices are exclusive of GST. For orders being shipped internationally, Australian GST is removed from the item price.Orders to countries outside Australia may be subject to import duties and/or taxes, which are applied when your package reaches your country. Your order is shipped on a DDU (Delivery Duty Unpaid) basis. We are unable to estimate the number of duties and taxes your package will incur as these charges are imposed directly by your local customs. Payment of these is necessary to release your order from customs. For more information, please contact your local customs office.For international orders, goods can be detained in customs and custom fees incurred. Ace Chef Apparels is not responsible for the taxes, custom fees or duty charges.As aforementioned, Prices shown are in Australian dollars AUD including a 10% GST (Goods and Services Tax). GST will be removed at the checkout for orders shipping outside Australia, when these become available through our Website.



SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service 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 or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.



SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CUSTOMER SERVICE POLICY

Ace Chef uniforms/Apparels is committed to providing exceptional customer service and quality products. We endeavor to make sure that all products listed on our Website are currently in stock unless otherwise specified, and pricing is true and correct. Delivery timeframes and shipping rates are outlined on our shipping page.

 

SECTION 21 - PAYMENT 

The fees payable to Ace Chef Apparels may be paid via PayPal or Shopify payments. Ace Chef Apparels is not responsible for any payment processed (or not processed) and may offer other methods for payment from time to time.

If the fees are paid via PayPal, such payment is subject to PayPal’s user agreement which can be read here: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_au.

If the fees are paid via Shopify payments, such payment is subject to Shopify’s Payment Services Agreement which can be read here: https://www.shopify.com.au/legal/terms-payments-au

In the event that Ace Chef Apparels does not receive the applicable fees in full and on time, Ace Chef Apparels may cancel your order and makes no guarantee that your order will be available to you at a later date.  

 

SECTION 22 -SHIPPING

Please note that if a package is not collected or if it is refused, we reserve the right to charge you for the shipping costs of returning items via our courier service providers. We use Couriers Please, Fastway, Startrack, AUSPOST, TNT, and DHLDomestic orders are shipped using Australia Post or other courier partners as aforementioned. The shipping cost is stated upon approval of your order during the purchase process. Domestic shipping costs are automatically calculated during the time of online purchase based on the order value, unless otherwise stated or if Ace Chef Apparels runs any promotions such as free shipping.For domestic orders, Ace Chef Apparels does not offer refunds on goods if the courier partners were not able to deliver items in full and/or if the goods have been lost, stolen, or damaged during transit. If you would like to take out insurance on your international orders, please contact Ace Chef Apparels prior to making your purchase.For undelivered packages, Ace Chef Apparels reserves the right to charge a fee equivalent to the shipping costs incurred by Ace Chef Apparels for said order. Most domestic orders will be processed within 1-2 business days. Please allow 3-5 working days for shipment to reach you in metropolitan areas (excluding WA and NT which may take 7-10 days). This might be delayed if the courier/postal network faces any outages or if it is peak season. Should you require your order urgently, please contact our customer service team on 1300 308 655 and advise us of any such urgent order requests.Bulk orders that require embellishments/extra designs will take longer to process. Please note, shipments to regional areas in all states will also take longer to be delivered.You will receive a tracking number via email when your order is shipped from Ace chef Apparels. With this number, you can follow your order from us until it arrives at its destination. All courier partner’s website will contain instructions for how you can track your order. All domestic orders can usually be tracked within 5 hours after the tracking number has been received.All international orders are shipped using DHL, TNT, UPS or available courier partners offering the fastest service. International shipping costs are automatically calculated during the online purchase based on size and weight of the order and the delivery address unless a flat shipping rate has been mentioned at the time you make a purchase. Most international orders will be processed within 1-2 business days and delivered to you between 7-15 business days. Please note, bulk orders that require embellishments/extra designs will take longer to process, and delivery times may vary depending on your destination. Please note customs ,duties, rates, fees and charges may be applicable at your local destination based on your local customs and clearance.You will receive a tracking number via email when your order is shipped from Ace Chef Apparels. With this number, you can follow your order from us until it arrives at its destination. Our Courier Partner’s website will contain instructions on how you can track your order. All international orders can usually be tracked within 24 hours after the tracking number has been received.For international orders, Ace Chef Apparels does not offer refunds on goods if the courier partner’s were not able to deliver items in full and/or if the goods have been lost, stolen or damaged during transit. If you would like to take out insurance on your international orders, please contact Ace Chef Apparels prior to making your purchase

 

SECTION 23 -INTELLECTUAL PROPERTY

Ace Chef Apparels takes our intellectual property rights seriously, particularly when it comes to our unique designs.Except for third party data or unless otherwise indicated, Ace Chef Apparels is the exclusive owner of all rights, title and interest in the following:(a) without limitation, all text, fonts, graphics, photos, artwork, logos, software, domain names, service marks, trade marks, designs, copyrights, information, compilations and audio and video content, the framework, source code, layout, user interface and ‘look and feel’ of the Ace Chef Apparels Website; and(b) without limitation, any and all copyright, designs (whether registered or unregistered), trade marks and other intellectual property rights embodied in any goods and services supplied by Ace Chef Apparels whether appearing on the Website or otherwise publicly available(collectively the “Intellectual Property”).You are not permitted to reproduce, communicate or otherwise exercise any rights in the Intellectual Property unless specifically authorized by Ace Chef Apparels 

SECTION24-LIMITS ON PURCHASES

We do not authorise the purchase of our merchandise for resale purposes. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cease doing business with those customers violating this policy. We may modify this policy at any time without prior notice. This limits on purchases policy applies to all purchases made at our retail show room and on our website www.acechefapparels.com.au

  

SECTION 25-USING OUR WEBSITE

We do not guarantee the accuracy, completeness, reliability or timeliness of the Website. Ace Chef Apparels shall not be liable if for any reason the Website is unavailable at any time or for any period. You acknowledge and agree that your use of the Website is on an “AS-IS” basis and from time to time, without representations or warranties of any kind made to you, and that Ace Chef Apparels may restrict access to some parts, or the entire Website, without notice.You are prohibited from using the Website, or our goods:

(a) in a way that violates these Terms;
(b) for unlawful activities or purposes;
(c) in a way that is fraudulent, defamatory, inaccurate, false, misleading or deceptive;
(d) in a way that violates any applicable law (including, without limitation, applicable privacy laws);
(e) in a way that infringes the rights (including rights in any Intellectual Property) of Ace Chef Apparels or of any other person; and/or
(f) via the use of automated scripts, scrapers or ‘bots’.

 You warrant to the Ace Chef Apparels as follows:

(a) That all data uploaded to the Website is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that interfere with the company’s privacy, data or computer systems; and

(b) If you are using the Website or agreeing to these Terms & Conditions on behalf of another person or entity, including but not limited to a company or other organization, you represent and warrant that you have the power and authority to bind such person or entity to these Terms and Conditions.

SECTION 26-LIMITATION OF LIABILITY

The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and gives the Customer other rights, in relation to the quality for purpose of consumer goods sold in Australia. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Ace Chef Apparels makes no warranties or other representations in relation to the supply of goods. Ace Chef Apparels liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.Your use of, and reliance on, this Website and content is entirely at your own risk, and to the full extent permitted by law, we exclude our liability to you for all types of loss resulting from your use of, or reliance on this Website and content, however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or its content, including from the lack of access to any part of the Website, errors made by you in the data you provide Ace Chef Apparels or any errors made on our Website or Intellectual Property. You agree that you are on notice of our disclaimer of warranties and limitation of liability set out above and agree to these disclaimers and limitations as a condition of using the Website.

 

SECTION 27-PRIVACY POLICY

Our use of cookies technology and our collection, use and storage of personal information from users of the Website shall be in accordance with our Privacy Policy and Cookie Policy which forms part of these Terms and Conditions.

 

SECTION 28-INDEMNITY

You agree to indemnify and hold Ace Chef Apparels and its instructors, officers, directors, employees and licensors harmless from any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against Ace Chef Apparels by you or any third party due to, arising from or in any way connected to your access and/or use of the Website or purchase of our goods. Should Ace Chef Apparels, in our sole discretion, determine that you have breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict our right to pursue any of legal and/or other remedies, including, without limitation, court action.

 

SECTION 29 -ASSIGNMENT

You acknowledge that these Terms and Conditions are a legal binding agreement that is personal to you and it cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Ace Chef Apparels. Ace Chef Apparels reserves its right to assign the provisions of these Terms and Conditions at any time.

 

SECTION 30-GOVERNING LAW

These Terms are to be governed by and construed in accordance with the laws of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. You agree to submit to the personal jurisdiction of the courts of Victoria. You are solely responsible for compliance with any applicable laws of the country from which you access this Website.


SECTION 32 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@acechefapparels.com.