Terms & Conditions

OVERVIEW

This website is operated by Opal Whisperers. Throughout the site, the terms “we”, “us” and “our” refer to Opal Whisperers. We offer 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 of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and 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. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the store shall also be subject to these Terms. 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 by posting updates to our website. Your continued use of or access to the website constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., providing us with the e-commerce platform to sell our products and services.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your region, or that you are the age of majority and have given consent for any minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or malicious code. Any breach of these Terms will result in immediate termination of your service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted across networks. Credit card information is always encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service without our express written permission.

SECTION 3 – INFORMATION ACCURACY

We are not responsible if information on this site is inaccurate, incomplete, or not current. The material is provided for general information only and should not be relied upon exclusively without consulting more complete sources. Any reliance is at your own risk.

Historical content is provided for reference only and may not be current. We may update site content but are under no obligation to do so. It is your responsibility to monitor changes.

SECTION 4 – SERVICE & PRICE MODIFICATIONS

Prices are subject to change without notice. We may modify or discontinue the service (or any part of it) at any time without notice. We are not liable for any such modifications, price changes, or service discontinuation.

SECTION 5 – PRODUCTS OR SERVICES

Some products may be available exclusively online with limited quantities. All products are subject to return or exchange only with prior written approval and in accordance with our Refund & Returns Policy. Items are not to be returned without written authorisation.

We strive to display product images and colors as accurately as possible, but we cannot guarantee your monitor’s display is precise.

We reserve the right to:
    •    Limit sales to any person or region
    •    Limit product quantities
    •    Discontinue products at any time

We do not guarantee that products or services will meet your expectations or that errors will be corrected.

SECTION 6 – BILLING & ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order, especially those appearing to be from dealers, resellers, or distributors. We may attempt to contact you via the email or phone number provided for any changes to your order.

You agree to provide accurate, current, and complete billing and account information and to promptly update it as needed.

We may also offer custom payment plans or refer customers to trusted third-party providers such as Afterpay to support flexible payment options.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools “as is” without warranties or endorsement. Use of these tools is at your own risk. Any future features added to the site will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Third-party links on our site may lead to websites we don’t control. We are not responsible for their content, accuracy, or any transactions made through them. Please review their terms before proceeding.

SECTION 9 – USER SUBMISSIONS

By submitting ideas, suggestions, or content, you grant us unrestricted rights to use, edit, or distribute them. You agree your submissions won’t violate any third-party rights or contain unlawful or harmful content.

We may—but are not obligated to—monitor or remove any content we find objectionable.

SECTION 10 – PERSONAL INFORMATION

Submission of personal information through our store is governed by our [Privacy Policy].

SECTION 11 – ERRORS & OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if any part of our website or service is inaccurate at any time without prior notice.

SECTION 12 – PROHIBITED USES

You may not use the site or its content for:
    •    Unlawful purposes
    •    Harassment, abuse, or discrimination
    •    Spreading malware
    •    Violating intellectual property
    •    Spamming, phishing, scraping
    •    Any activity that interferes with security or function

We reserve the right to terminate access for violations.

SECTION 13 – WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

All services and products are provided “as is” and “as available” without warranties. We do not guarantee uninterrupted or error-free service.

To the fullest extent permitted by law, Opal Whisperers is not liable for any direct or indirect damages arising from use of the service or products, including lost profits, data, or related issues.

In jurisdictions where such exclusions are not allowed, our liability is limited to the maximum extent permitted by law.

Where applicable, customers may first be offered a replacement or alternative item before a refund is issued, in accordance with our Refund & Returns Policy.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless Opal Whisperers and its affiliates, partners, employees, and agents from any claim arising from your breach of these Terms or violation of any law or rights of a third party.

SECTION 15 – SEVERABILITY

If any provision is found to be unenforceable, that portion will be severed, and the remainder of the Terms will remain in effect.

SECTION 16 – TERMINATION

These Terms remain in effect unless terminated by either party. We may terminate this agreement without notice if you breach any part of it. All obligations prior to termination survive.

SECTION 17 – ENTIRE AGREEMENT

These Terms, along with any policies posted on our site, represent the entire agreement between you and Opal Whisperers and supersede any prior agreements or communications.

SECTION 18 – GOVERNING LAW

These Terms and any services provided shall be governed by the laws of Australia.

Opal Whisperers aligns closely with the consumer protections outlined by the Department of Fair Trading Australia and operates in accordance with Australian Consumer Law. Your rights are respected and upheld in every transaction.

SECTION 19 – CHANGES TO TERMS

You can review the most current version of these Terms at any time on this page. Changes are effective once posted. Continued use of the site means you accept the updated terms.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be directed to:
admin@opalwhisperers.com
Opal Whisperers