Terms of service

Overview

Welcome to Anything But (referred to as “Anything But”, “we”, “us” or “our”). We operate the Anything But online store and website, and provide related information, content, features, tools, products and services (together, the “Services”).
Anything But is based in South Australia, Australia and is powered by Shopify, which enables us to provide the Services to you.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy, available at: PRIVACY POLICY. If you do not agree, you must not access or use the Services.
Nothing in these Terms is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law (ACL) or any other law that cannot be excluded.

1. Access and accounts
1.1 By using the Services, you represent that you are at least 18 years old (or the age of majority in your state or territory), or that you have the consent of a parent or legal guardian to use the Services, including for any minor dependants using devices you own or manage.
1.2 To use certain parts of the Services (including to place orders), you may need to provide information such as your name, email address, billing details and shipping address. You promise that all information you provide is accurate, current and complete, and that you have the right to provide it.
1.3 If you create an account, you are responsible for keeping your login details secure and for all activity that occurs under your account. You must not share, transfer, sell or license your account to anyone else.

2. Our products
2.1 We make reasonable efforts to describe and display our products and Services accurately. However, colours and appearance can vary depending on your device, screen settings and lighting, so what you see online may differ slightly from the actual product.
2.2 To the extent permitted by law, we do not guarantee that the quality, appearance or suitability of any products or Services will meet your expectations. However, your rights under the ACL apply in addition to any description on our website.
2.3 Product descriptions, pricing and availability may change at any time without notice. We may discontinue or limit the quantities of any product or Service at our discretion, including for any person, region or jurisdiction.

3. Orders and Australian Consumer Law rights
3.1 When you place an order, you are making an offer to purchase the products in that order. We may accept or reject your order in our sole discretion. An order is accepted only when we send you an order confirmation and have successfully processed payment.
3.2 Please review your order carefully before submitting. Once an order is accepted, we may not be able to change or cancel it. If we cannot accept or must cancel an order (for example, due to stock issues or suspected fraud), we will attempt to notify you using the contact details you provided.
3.3 Our refund and returns process is outlined in our Refund & Returns Policy, available at: REFUND POLICY. This policy works in addition to your rights under the ACL and does not exclude, restrict or modify them.
3.4 Our goods come with guarantees that cannot be excluded under the ACL. 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 goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
3.5 Unless we have agreed otherwise in writing, you represent and warrant that your purchases are for your own personal, household, or gifting use and not for commercial resale or export.

4. Prices, payments and billing
4.1 All prices are shown in AUD and, unless stated otherwise, are inclusive of GST and exclusive of shipping, handling, customs and import charges, which are shown or calculated at checkout where applicable.
4.2 We may change prices, discounts and promotions at any time without notice. The price payable for a product is the price in effect at the time you place your order, as shown in your order confirmation.
4.3 You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through the Services, and to promptly update this information as needed so we can complete your transactions and contact you if necessary.
4.4 By providing payment details, you represent and warrant that:
• you are authorised to use the payment method;
• the details you provide are true and correct; and
• you authorise us (and our payment providers) to charge the full amount of your order, including any applicable taxes, shipping and handling.
If your payment cannot be processed, we may cancel your order.

5. Shipping, delivery and risk
5.1 We ship orders to the locations listed on our website or at checkout. Shipping options, costs and estimated delivery timeframes are displayed at checkout.
5.2 Any delivery timeframes provided are estimates only and are not guaranteed. Delays may occur due to factors such as high demand, carrier delays, customs processes or events beyond our reasonable control.
5.3 Title and risk in the products pass to you when we deliver the products to the carrier. However, if a product is lost or damaged in transit, please contact us at hello@anythingbut.co so we can work with you and the carrier to investigate and, where appropriate, arrange a repair, replacement or refund in line with the ACL and our Refund & Returns Policy.

6. Intellectual property
6.1 The Services and all content on them, including trademarks, brands, text, graphics, images, photographs, product designs, video, audio and their arrangement, are owned by Anything But, our affiliates or our licensors and are protected by Australian and international copyright, trademark and other intellectual property laws.
6.2 You may access and use the Services for your personal, non‑commercial use only. You must not copy, reproduce, distribute, modify, create derivative works from, publicly display or perform, republish, download or transmit any content from the Services without our prior written permission, except where allowed under Australian copyright law (for example, for fair dealing).
6.3 “Anything But” and our logos, product names, designs and slogans are trademarks of Anything But or our affiliates. You must not use these or any similar marks without our prior written consent.
6.4 Shopify’s name, logo and related marks are trademarks of Shopify and are used under licence. Other names and logos on the Services may be trademarks of their respective owners.

7. Optional tools
7.1 We may provide you with access to tools or features operated by third parties (for example, review platforms, payment processors or social media integrations). We do not control and are not responsible for these tools.
7.2 You acknowledge that such tools are provided “as is” and “as available” without any warranties, representations or conditions, to the extent permitted by law. Your use of optional third‑party tools is entirely at your own risk and you should ensure you are comfortable with the terms of the relevant third‑party providers.
7.3 Any new features or tools added to the Services in the future will also be subject to these Terms.

8. Third‑party links and content
8.1 The Services may contain links to third‑party websites, services or content that are not owned or controlled by us. These links are provided for convenience only.
8.2 We do not endorse, approve or make any representations about third‑party sites or content and are not responsible for examining or evaluating them. If you access third‑party websites or services, you do so at your own risk.
8.3 Any questions, complaints or claims about third‑party products or services should be directed to the relevant third party.

9. Relationship with Shopify
Anything But is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services. However, all sales made through our online store are made directly between you and Anything But, not Shopify. By using the Services, you acknowledge that Shopify is not responsible for any aspect of your transactions with Anything But and you release Shopify from any claims arising out of or relating to those transactions, except to the extent such a release is not permitted under applicable law.

10. Privacy and personal information
10.1 We collect, use and disclose personal information in accordance with our Privacy Policy, available at: INSERT PRIVACY POLICY LINK. By using the Services, you acknowledge that you have read our Privacy Policy and understand how we handle your personal information.
10.2 Because our store is hosted on Shopify, Shopify also collects and processes information about your use of the Services to provide and improve their platform. For more information on how Shopify handles personal information, please review Shopify’s privacy policy, available on Shopify’s website.
10.3 Some of our service providers and Shopify may be located outside Australia. By using the Services, you consent to your information being disclosed to and processed in those overseas locations as described in our Privacy Policy.

11. Feedback, reviews and user content
11.1 If you submit, upload or post any content to us or through the Services (including reviews, photos, ideas, suggestions, comments, feedback, proposals or plans) (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty‑free, sublicensable licence to use, copy, modify, publish, translate, distribute, display and otherwise exploit that Feedback in any media for any lawful purpose, including to promote our products and Services.
11.2 You confirm that:
• you own or control all rights in your Feedback;
• your Feedback is accurate and not misleading;
• your Feedback does not infringe any third party’s rights (including copyright, trade marks, privacy or confidentiality); and
• you have disclosed any compensation or incentives you received for providing the Feedback, if applicable.
11.3 We may, but are not obliged to, monitor, edit or remove Feedback that we consider, in our sole discretion, to be unlawful, offensive, misleading or otherwise objectionable or in breach of these Terms.

12. Errors and corrections
From time to time, there may be information on the Services that contains typographical errors, inaccuracies or omissions, including in relation to product descriptions, pricing, promotions, offers, shipping charges, transit times or 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, including after you have submitted an order.

13. Prohibited uses
13.1 You may only use the Services for lawful purposes and in accordance with these Terms.
13.2 You must not, whether directly or indirectly:
• use the Services for any unlawful, fraudulent or malicious purpose;
• violate any applicable law or regulation;
• infringe our intellectual property rights or those of others;
• harass, threaten, abuse, defame, intimidate or otherwise harm any person;
• submit false or misleading information;
• upload or transmit viruses, malware or other harmful code;
• use any robot, spider, scraper, data‑gathering or extraction tool, AI agent or similar technology to access the Services, except as expressly permitted by us;
• interfere with or circumvent the security or access controls of the Services; or
• attempt to gain unauthorised access to the Services, accounts, systems or networks.
13.3 We may suspend, restrict or terminate your access to the Services if we reasonably believe you have breached these Terms or any applicable law.

14. Agents (automated tools)
14.1 “Agent” means any software or service that takes autonomous or semi‑autonomous action on behalf of a person or entity and can operate without direct human supervision.
14.2 Agents may only access the Services if they:
• clearly identify themselves as an Agent in all HTTP/HTTPS requests (for example, by using a user agent string that includes “Agent/agent name”); and
• comply with any technical or written requirements we set.
14.3 Agents must not:
• mimic human behaviour or interaction patterns;
• attempt to bypass CAPTCHAs or other measures designed to distinguish humans from automated tools; or
• circumvent any technical or policy‑based restrictions on the use of the Services.
14.4 We may limit or block access by any Agent at any time in our discretion.

15. Termination
15.1 We may suspend or terminate your access to the Services (in whole or in part) at any time, with or without notice, if we reasonably believe you have breached these Terms, engaged in unlawful conduct, or if we discontinue the Services.
15.2 Termination does not affect any rights or obligations that have accrued up to the date of termination. Sections that by their nature are intended to survive termination (including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnity, Severability, Governing Law and Assignment) continue to apply.

16. Disclaimers
16.1 The information on the Services is provided for general information only. While we aim to keep it accurate and up to date, we do not guarantee its completeness or reliability and you use it at your own risk.
16.2 Except for any rights and guarantees you have under the ACL or other laws that cannot be excluded, the Services and all products supplied through the Services are provided “as is” and “as available”, without any express or implied warranties, representations or conditions (including of merchantable quality, fitness for a particular purpose or non‑infringement).
16.3 To the extent permitted by law, we do not warrant that the Services will be uninterrupted, timely, secure or error‑free.

17. Limitation of liability
17.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantees or rights you have under the ACL or any other law that cannot be excluded, restricted or modified.
17.2 To the maximum extent permitted by law, where our liability for breach of any non‑excludable guarantee or other condition, warranty or right is not able to be excluded but may be limited, our liability is limited (at our option) to:
• in the case of goods: repairing or replacing the goods, supplying equivalent goods, or paying the cost of doing so; and
• in the case of services: resupplying the services or paying the cost of resupplying them.
17.3 Subject to sections 17.1 and 17.2, and to the extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss or damage (including loss of profits, revenue, savings, data or reputation) arising out of or in connection with your use of the Services or any products, even if we have been advised of the possibility of such loss.

18. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless Anything But and our officers, employees, contractors and agents from and against any loss, damage or liability we suffer or incur arising out of or in connection with your breach of these Terms, your violation of any law or the rights of a third party, or your misuse of the Services, except to the extent caused by our negligence, fraud or unlawful act.

19. Severability
If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be severed from the Terms and the remaining parts will continue to be valid and enforceable.

20. Waiver and entire agreement
20.1 If we do not exercise or enforce any right or provision of these Terms, that does not mean we have waived that right or provision.
20.2 These Terms, together with any policies or notices on the Services (including our Privacy Policy and Refund & Returns Policy), constitute the entire agreement between you and us in relation to the Services and supersede any prior agreements or understandings.

21. Assignment
You may not assign, transfer or otherwise deal with your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice.

22. Governing law and jurisdiction
These Terms and any dispute arising out of or in connection with them or the Services are governed by the laws in force in South Australia, Australia. You and Anything But submit to the non‑exclusive jurisdiction of the courts of South Australia and the courts of appeal from them.

23. Changes to these Terms
We may update these Terms from time to time. The latest version will always be posted on this page with the “Last updated” date. If we make material changes, we will take reasonable steps to notify you, such as by email or a notice on the website, where required by law. By continuing to use the Services after any changes take effect, you agree to the updated Terms.

24. Contact us
If you have any questions about these Terms or the Services, please contact us at:
Anything But
Email: hello@anythingbut.co
Trading name: Anything But Studio 
ABN: 96 237 518 850