Terms of service

ERMS OF SERVICE

Last Updated: February 28, 2026

Welcome to KISSES AND TREATS ("we," "us," "our"). By accessing or using our website at kissesandtreats.store (the "Site") and purchasing our products, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. ACCEPTANCE OF TERMS

By accessing, browsing, or making a purchase on our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Site or purchase our products.

2. ELIGIBILITY

You must be at least 18 years old or the age of majority in your jurisdiction to use our Site and make purchases. By using our Site, you represent and warrant that you meet this age requirement.

3. PRODUCTS & SERVICES

3.1 Product Descriptions We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions, images, colors, or other content on our Site are accurate, complete, reliable, current, or error-free.

3.2 Pricing

  • All prices are listed in Australian Dollars (AUD) unless otherwise stated
  • Prices are subject to change without notice
  • We reserve the right to correct pricing errors
  • The price charged will be the price displayed at the time of order confirmation

3.3 Product Availability All products are subject to availability. We reserve the right to discontinue any product at any time. If a product becomes unavailable after you place an order, we will notify you and offer a refund or substitute product.

3.4 Product Categories We sell pet products including but not limited to toys, accessories, grooming supplies, feeding products, and pet care items for dogs, cats, birds, and other pets.

4. ORDERS & PAYMENT

4.1 Order Acceptance Your order is an offer to purchase products from us. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.

4.2 Order Confirmation Once you place an order, you will receive an email confirmation. This confirmation does not constitute our acceptance of your order. We reserve the right to cancel orders at our discretion.

4.3 Payment

  • Payment is required at the time of purchase
  • We accept major credit cards, debit cards, and other payment methods as displayed at checkout
  • All payments are processed securely through Shopify Payments and/or third-party payment processors
  • You represent and warrant that you have the legal right to use any payment method you provide

4.4 Payment Security We use industry-standard encryption and security measures to protect your payment information. However, we are not responsible for unauthorized access to your payment information due to circumstances beyond our control.

5. SHIPPING & DELIVERY

5.1 Shipping Locations We ship to Australia, United States, New Zealand, and other international locations as specified at checkout. Shipping availability may vary by product and destination.

5.2 Shipping Times

  • Estimated delivery times are provided at checkout
  • Delivery times are estimates only and not guaranteed
  • We are not responsible for delays caused by customs, weather, carrier issues, or other circumstances beyond our control

5.3 Shipping Costs Shipping costs are calculated at checkout based on your location, order weight, and selected shipping method.

5.4 Risk of Loss Risk of loss and title for products pass to you upon delivery to the shipping carrier.

5.5 International Shipments

  • International customers are responsible for all customs duties, taxes, and fees
  • We are not responsible for delays caused by customs clearance
  • Refused shipments due to customs fees will not be refunded

6. RETURNS & REFUNDS

Our Return & Refund Policy is incorporated into these Terms by reference. Please review our full Return Policy for details on eligible returns, timeframes, and procedures.

Key Points:

  • 15-day return window for faulty or defective items only
  • No returns accepted for change of mind
  • Contact us at Kissesandtreats.customerservice@gmail.com to initiate a return
  • Your statutory consumer rights are not affected by our policy

7. CONSUMER RIGHTS

7.1 Australia If you are located in Australia, our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.

7.2 European Union If you are located in the EU, you have the right to withdraw from purchases within 14 days without giving any reason under the Consumer Rights Directive. You also have rights under EU consumer protection laws that cannot be excluded.

7.3 United Kingdom If you are located in the UK, you have rights under the Consumer Rights Act 2015, including the right to receive goods that are as described, fit for purpose, and of satisfactory quality.

7.4 United States Your rights under applicable federal and state consumer protection laws are not limited by these Terms.

7.5 Other Jurisdictions Nothing in these Terms limits or excludes any mandatory consumer protection rights you may have under the laws of your country or region.

8. INTELLECTUAL PROPERTY

8.1 Ownership All content on our Site, including but not limited to text, graphics, logos, images, videos, product descriptions, and software, is the property of KISSES AND TREATS or our licensors and is protected by international copyright, trademark, and other intellectual property laws.

8.2 Limited License We grant you a limited, non-exclusive, non-transferable license to access and use our Site for personal, non-commercial purposes. You may not:

  • Reproduce, distribute, modify, or create derivative works from our content
  • Use our content for commercial purposes without written permission
  • Remove or alter any copyright, trademark, or other proprietary notices
  • Use automated systems (bots, scrapers) to access our Site

8.3 Trademarks KISSES AND TREATS and our logo are trademarks of our company. You may not use our trademarks without prior written consent.

9. USER CONDUCT

You agree not to:

  • Use our Site for any unlawful purpose or in violation of these Terms
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt our Site or servers
  • Attempt to gain unauthorized access to our systems
  • Transmit viruses, malware, or other harmful code
  • Collect or harvest information about other users
  • Post or transmit any defamatory, offensive, or inappropriate content

10. PRODUCT LIABILITY & WARRANTIES

10.1 Product Safety We take product safety seriously. Our products are intended for use with pets and should be used according to provided instructions. Always supervise pets when using our products.

10.2 Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR PRODUCTS AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.3 Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use our Site or products
  • Unauthorized access to or alteration of your data
  • Any conduct or content of third parties on our Site
  • Any products purchased or obtained through our Site

10.4 Maximum Liability Our total liability to you for any claims arising from your use of our Site or products shall not exceed the amount you paid for the product(s) in question, or AUD $100, whichever is less.

10.5 Mandatory Rights Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under applicable law, including the Australian Consumer Law, EU consumer protection laws, or other mandatory consumer protection legislation.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KISSES AND TREATS, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

  • Your use of our Site or products
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your violation of any applicable laws or regulations

12. PRIVACY & DATA PROTECTION

12.1 Privacy Policy Our Privacy Policy explains how we collect, use, and protect your personal information. By using our Site, you consent to our Privacy Policy.

12.2 GDPR Compliance (EU/UK) If you are located in the EU or UK, we comply with the General Data Protection Regulation (GDPR) and UK GDPR. You have rights including access, rectification, erasure, and data portability.

12.3 Australian Privacy If you are located in Australia, we comply with the Privacy Act 1988 and Australian Privacy Principles.

12.4 Data Security We implement reasonable security measures to protect your personal information, but cannot guarantee absolute security.

13. THIRD-PARTY LINKS

Our Site may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites. Your use of third-party sites is at your own risk.

14. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our Site with an updated "Last Updated" date. Your continued use of our Site after changes constitutes acceptance of the modified Terms.

15. MODIFICATIONS TO SITE

We reserve the right to modify, suspend, or discontinue our Site or any part thereof at any time without notice or liability.

16. TERMINATION

We may terminate or suspend your access to our Site immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our Site will immediately cease.

17. GOVERNING LAW & DISPUTE RESOLUTION

17.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to conflict of law principles.

17.2 Jurisdiction For customers located in Australia, any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

17.3 International Customers For customers located outside Australia, disputes may be subject to the laws and courts of your jurisdiction where mandatory consumer protection laws apply.

17.4 Dispute Resolution Before initiating any legal proceedings, we encourage you to contact us at Kissesandtreats.customerservice@gmail.com to attempt to resolve the dispute informally.

18. FORCE MAJEURE

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, government actions, labor disputes, or supplier failures.

19. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

20. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

21. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and KISSES AND TREATS regarding your use of our Site and supersede all prior agreements and understandings.

22. ASSIGNMENT

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

23. CONTACT INFORMATION

For questions, concerns, or complaints regarding these Terms, our products, or our services, please contact us:

📧 Email: Kissesandtreats.customerservice@gmail.com
🌐 Website: kissesandtreats.store
📍 Business Location: Australia

We aim to respond to all inquiries within 24-48 hours during business days.

24. LANGUAGE

These Terms are provided in English. If these Terms are translated into another language, the English version shall prevail in case of any inconsistency or dispute.

25. SURVIVAL

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

ACKNOWLEDGMENT

BY USING OUR SITE AND PURCHASING OUR PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.