Terms of service
OVERVIEW
Welcome to Offish!
The terms “we”, “us” and “our” refer to Offish. Offish operates this website and online store, including the products, information, content, features and services made available through it.
Our store is powered by Shopify, which provides the ecommerce platform that allows us to offer our products and services to you.
These Terms of Service explain the terms that apply when you visit, browse, interact with or purchase from Offish.
By using our website or placing an order, you agree to these Terms of Service.
If you do not agree with these Terms, please do not use our website or services.
1. USING OUR STORE
You must be at least the age of majority in your place of residence to make a purchase from Offish, or have permission from a parent or legal guardian where required.
You agree to provide accurate, complete and current information when placing an order, including your email address, billing information and delivery address.
You are responsible for ensuring that the information you provide is correct before submitting your order.
You must not use our website or services for any unlawful or unauthorised purpose.
2. OUR PRODUCTS
We make reasonable efforts to display and describe our products accurately.
However, colours and product appearance may vary slightly depending on your screen, device settings, manufacturing process or printing process.
As many Offish products are made to order, minor variations in colour, positioning, size or finish may occur between the digital preview and the finished product.
These minor variations are not considered defects where the product otherwise matches its description and intended design.
Product descriptions, designs, prices and availability may be updated or discontinued at any time without prior notice.
We may limit quantities or restrict the sale of products to particular customers, regions or jurisdictions where reasonably necessary.
3. ORDERS
When you place an order with Offish, you are submitting an offer to purchase the selected products.
Your order is accepted once payment has been successfully processed and we confirm the order.
We reserve the right to decline or cancel an order where reasonably necessary, including in cases of suspected fraud, pricing errors, unavailable products or incorrect order information.
If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled item or order.
Please review your order carefully before completing your purchase.
Cancellations and changes
Because Offish products are made to order, production may begin shortly after your order is placed.
Changes or cancellations may be requested within 1 hour of purchase by contacting hello@offishstore.com.
After this 1-hour period, we cannot guarantee that changes or cancellations will be possible because production or fulfilment may already have started.
Please include your order number when contacting us about a change or cancellation.
4. PRICES AND PAYMENT
Prices displayed on our website are shown in the currency applicable to your market where available.
Prices, discounts and promotions may change without notice.
The price applicable to your order will be the price displayed at the time you complete your purchase.
Shipping charges, taxes, duties or other applicable fees will be shown at checkout where they are collected by us.
You agree to provide accurate and authorised payment information when placing an order.
Payments are processed through Shopify and its supported payment providers. Offish does not directly store your full payment card details.
5. SHIPPING AND DELIVERY
Offish products are made to order and may require production time before they are dispatched.
Delivery times displayed on the website or at checkout are estimates only and are not guaranteed.
Delays may occur due to production demand, shipping carriers, customs, weather, public holidays, peak shopping periods or other circumstances outside our reasonable control.
Where tracking is available, it will be provided after the order has been dispatched.
If your parcel is significantly delayed or appears to be lost, contact hello@offishstore.com and we will review the available tracking information and, where appropriate, work with the fulfilment provider or carrier to investigate.
Customers are responsible for providing a complete and accurate shipping address.
If you notice an address error, please contact us within 1 hour of purchase. We cannot guarantee that an address can be changed once production or fulfilment has begun.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
6. RETURNS, REFUNDS AND PRODUCT ISSUES
Because our products are made to order, we generally do not accept returns or exchanges for change of mind, incorrect size selection, incorrect design selection, or other ordering errors made by the customer.
If an item arrives damaged, defective, misprinted or materially different from what you ordered, contact us at hello@offishstore.com with your order number and clear photographs of the issue.
Where a refund is approved, it will be returned to the original payment method.
Processing times may vary depending on your bank or payment provider.
Nothing in these Terms limits any rights or remedies you may have under applicable consumer protection laws.
7. PERSONALISED AND CUSTOM PRODUCTS
Personalised or customised products cannot be returned or exchanged for change of mind.
You are responsible for checking any names, wording, spelling or other personalised information before placing your order.
If a personalised item arrives damaged, defective or does not match the information submitted with your order, please contact us at hello@offishstore.com.
8. INTELLECTUAL PROPERTY
Unless otherwise stated, the content available through Offish, including our branding, logos, text, product imagery, graphics, videos, designs and website content, is owned by or licensed to Offish and is protected by applicable intellectual property laws.
You may use our website for personal, non-commercial purposes only.
You must not reproduce, copy, distribute, modify, republish, sell or commercially exploit Offish content without prior written permission, except where permitted by law.
Third-party names, artworks, trademarks or other intellectual property appearing on our website remain the property of their respective owners.
9. THIRD-PARTY SERVICES AND LINKS
Our website may use or link to third-party services, websites, applications or tools.
These may include payment providers, fulfilment providers, shipping carriers, analytics services and social media platforms.
We are not responsible for the content, availability, security or practices of third-party websites or services that we do not control.
Your use of third-party services may also be subject to their own terms and privacy policies.
10. SHOPIFY
Offish is powered by Shopify, which provides the ecommerce platform used to operate our online store.
Purchases made through the Offish store are transactions between you and Offish.
Shopify provides the underlying platform and related services but is not the seller of Offish products.
Your use of certain Shopify-supported features may also be subject to Shopify’s own applicable terms and privacy practices.
11. PRIVACY
We collect and use personal information as reasonably necessary to operate our store, process and fulfil orders, communicate with customers, provide customer support, prevent fraud and meet legal or regulatory obligations.
Personal information may be shared with service providers where necessary to operate the store or fulfil your order, including Shopify, payment processors, production and fulfilment providers, shipping carriers and other service providers.
Marketing communications will only be sent where permitted by law and, where required, with your consent.
You may unsubscribe from marketing communications at any time.
For privacy-related questions, contact hello@offishstore.com.
12. REVIEWS, FEEDBACK AND USER CONTENT
If you submit a review, photograph, comment, suggestion or other content to Offish, you confirm that you have the right to provide that content.
You must not submit content that is unlawful, misleading, defamatory, abusive, obscene or that infringes another person’s rights.
Where you voluntarily submit content for publication or promotional use, you grant Offish a non-exclusive, worldwide, royalty-free licence to reproduce, display and use that content for reasonable business and marketing purposes.
We may remove or decline to publish content where we reasonably consider it inappropriate, misleading or unlawful.
13. ERRORS AND INACCURACIES
Occasionally, information on our website may contain errors or omissions relating to product descriptions, pricing, promotions, availability, shipping charges or delivery estimates.
We reserve the right to correct errors, update information or cancel an affected order where reasonably necessary.
If an order is cancelled because of an error after payment has been processed, the amount paid for the cancelled item or order will be refunded.
14. PROHIBITED USES
You must not use the Offish website or services:
- for unlawful or fraudulent purposes
- to infringe intellectual property or other legal rights
- to transmit harmful software or malicious code
- to harass, threaten or abuse another person
- to submit false or misleading information
- to interfere with the security or operation of the website
- to scrape, copy or commercially exploit website content without permission
- to impersonate another person or entity
- to attempt unauthorised access to accounts, systems or data.
We may restrict or terminate access where we reasonably believe these Terms have been breached.
15. AVAILABILITY OF THE WEBSITE
We aim to keep the Offish website available and operating normally, but we do not guarantee uninterrupted or error-free access.
The website may occasionally be unavailable due to maintenance, technical problems, third-party systems or circumstances outside our control.
We may update, modify or discontinue parts of the website or services at any time.
16. WARRANTIES
To the extent permitted by law, the website and its content are provided on an “as available” basis.
We do not guarantee that the website will always be uninterrupted, error-free or free from technical issues.
However, nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded under applicable consumer protection laws.
17. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Offish will not be liable for indirect, incidental, special or consequential loss arising from use of the website or products where such liability can lawfully be excluded.
Our liability will not be excluded or limited where doing so would be unlawful.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under applicable consumer protection laws.
18. INDEMNITY
You agree to indemnify Offish against reasonable losses, claims or expenses arising directly from your unlawful use of the website, your breach of these Terms, or your infringement of another person’s rights.
This section does not apply to the extent that any loss was caused by Offish or where liability cannot lawfully be transferred to you.
19. TERMINATION
We may suspend or terminate access to the website where reasonably necessary, including where these Terms have been materially breached, fraudulent activity is suspected, or the security or operation of the website is threatened.
Termination does not affect any rights or obligations that arose before termination.
20. SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed only to the extent necessary.
The remaining provisions will continue in effect.
21. WAIVER AND ENTIRE AGREEMENT
If we do not immediately enforce a right under these Terms, this does not mean we waive that right.
These Terms, together with the policies and information displayed on our website, form the agreement governing your use of Offish and purchases made through the store.
22. ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our written consent.
We may transfer our rights or obligations where reasonably necessary in connection with the operation, sale or restructuring of the business, subject to applicable law.
23. GOVERNING LAW
These Terms are governed by the laws applicable in New South Wales, Australia, without excluding any mandatory consumer protections that may apply to you in your place of residence.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
24. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, website, services or legal obligations.
The most current version will be published on this page.
Where required by law, material changes will be communicated appropriately.
Your continued use of the website after updated Terms take effect constitutes acceptance of the updated Terms, except where applicable law requires otherwise.
25. CONTACT INFORMATION
Questions about these Terms or an Offish order can be sent to:
Offish
hello@offishstore.com