Terms of service
Last updated: 11 September 2026
OVERVIEW
Welcome to Curve & Charm.
The terms “we”, “us” and “our” refer to Curve & Charm. Curve & Charm operates this website and online store, including the information, content, features, products and services made available through it (collectively, the “Services”).
Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and Services to you.
These Terms of Service (“Terms”), together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies referenced on our website, govern your access to and use of the Services and purchases made from Curve & Charm.
By accessing our website, using the Services or placing an order with us, you agree to these Terms.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (“ACL”), or any other applicable law.
If any provision of these Terms conflicts with a right or remedy you have under the ACL that cannot lawfully be excluded, your rights under the ACL prevail.
SECTION 1 — ELIGIBILITY, ACCESS AND ACCOUNTS
You may browse our website without creating an account.
If you create an account or place an order, you agree to provide accurate, current and complete information, including your name, email address, billing information, payment information and shipping address.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You must notify us promptly if you believe your account has been accessed or used without your permission.
You must not use our Services for any unlawful or fraudulent purpose.
If you are under 18, you should use the Services and make purchases only with the involvement and permission of a parent or legal guardian where required.
SECTION 2 — OUR JEWELLERY AND PRODUCTS
We make reasonable efforts to ensure that product descriptions, photographs, measurements, colours, materials and other information displayed on our website are accurate.
However, colours and appearance may vary slightly depending on your device, screen settings, lighting and photography.
Because jewellery may contain small stones, decorative elements, plating, natural materials or individually manufactured components, minor variations between individual pieces may occur where consistent with the nature and description of the product.
Any such statement does not limit your rights under the Australian Consumer Law. Products must still comply with the consumer guarantees that apply to them.
Please review product descriptions carefully before purchasing, including information concerning dimensions, materials, plating, stones and jewellery care.
We may modify or discontinue products and may reasonably limit quantities available for purchase, subject to applicable law.
SECTION 3 — JEWELLERY CARE
Jewellery requires appropriate care to maintain its appearance.
Depending on the materials used in a particular product, exposure to water, perfumes, cosmetics, lotions, cleaning products, chemicals, sweat or other substances may affect its appearance or longevity.
Any care instructions supplied on our website or with a product should be followed.
Normal wear and tear, accidental damage, loss, scratching or damage caused by misuse or failure to follow reasonable care instructions will not necessarily constitute a product fault.
However, nothing in this section excludes any rights you may have under the Australian Consumer Law, including where a product is not of acceptable quality or does not otherwise comply with an applicable consumer guarantee.
SECTION 4 — ORDERS
When you place an order through Curve & Charm, you are making an offer to purchase the products in your order.
After placing an order, you may receive an automated order confirmation. This confirms that we have received your order but does not necessarily mean that we have accepted it.
An order is accepted when we confirm acceptance or dispatch the order, whichever occurs first.
We may decline or cancel an order where we have a legitimate reason to do so, including where:
- a product is unavailable;
- there is an obvious pricing or product-description error;
- payment cannot be authorised;
- we reasonably suspect fraud or unauthorised activity;
- the shipping information provided is incomplete or invalid; or
- fulfilling the order would breach applicable law.
If we cancel an order after receiving payment, we will refund the amount paid for the cancelled products using the original payment method, subject to applicable law.
Please review your order carefully before submitting it.
If you need to change or cancel an order, contact us as soon as possible at curveandcharm@gmail.com. We will try to accommodate your request, but we cannot guarantee changes or cancellations after an order has entered processing or been dispatched.
SECTION 5 — PRICING, GST AND PAYMENT
Unless otherwise indicated, prices displayed on our Australian store are in Australian dollars (AUD).
Where GST applies, consumer-facing prices will be displayed in accordance with applicable Australian pricing laws.
Shipping charges and other applicable costs that depend on your order or delivery destination will be disclosed before you complete your purchase.
We may change product prices at any time before an order is placed.
Promotions, sales and discount codes may be subject to separate conditions, including eligibility requirements, minimum spends, expiry dates and exclusions. Where specific promotional terms conflict with these Terms in relation to that promotion, the promotional terms will apply.
You agree to provide accurate and complete payment information and represent that you are authorised to use the payment method selected.
Payments may be processed by Shopify or other third-party payment providers and may also be subject to their applicable terms and privacy policies.
We reserve the right to correct genuine pricing errors. If an obvious pricing error affects an order you have submitted, we will contact you where appropriate and handle the order in accordance with applicable Australian law.
Australian law requires businesses to communicate prices clearly and display a minimum total price that includes applicable taxes, duties and unavoidable or pre-selected fees.
SECTION 6 — SHIPPING AND DELIVERY
We will make reasonable efforts to process and dispatch orders within the timeframes stated on our website.
Any delivery dates or timeframes provided are estimates unless expressly stated otherwise.
Delivery may occasionally be affected by circumstances outside our reasonable control, including carrier disruptions, severe weather, customs processes, public holidays or other unforeseen events.
Nothing in this section excludes any rights or remedies available to you under the Australian Consumer Law where goods are not supplied within an agreed or reasonable period.
You are responsible for providing an accurate and complete delivery address.
If you notice an error in your shipping information, contact us as soon as possible at curveandcharm@gmail.com.
Our separate Shipping Policy contains additional information about processing times, shipping options, tracking and delivery.
SECTION 7 — RETURNS, REFUNDS AND AUSTRALIAN CONSUMER LAW
Change-of-mind returns are governed by our Refund Policy, available on our website.
Our voluntary change-of-mind policy operates in addition to, and does not replace, your rights under the Australian Consumer Law.
Under the ACL, goods sold to consumers come with consumer guarantees that cannot be excluded.
Depending on the circumstances, if a product fails to comply with an applicable consumer guarantee, you may be entitled to a repair, replacement, refund or other remedy.
For a major failure, consumers generally have the right to choose between a refund or replacement. For a problem that is not major, the supplier generally has an opportunity to provide an appropriate remedy within a reasonable time.
A time limit in our voluntary change-of-mind policy does not impose a time limit on rights that you may have under the Australian Consumer Law. Consumer guarantees can continue for a reasonable period depending on the nature of the product.
Earrings and Piercing Jewellery
For hygiene reasons, we may decline change-of-mind returns or exchanges for earrings or piercing jewellery that have been worn, tried on or removed from sealed hygiene packaging, as specified in our Refund Policy.
However, this hygiene restriction does not exclude or restrict your rights under the Australian Consumer Law if the product is faulty, damaged, incorrectly supplied or otherwise fails to comply with an applicable consumer guarantee.
The ACL does not generally require businesses to provide a remedy simply because a customer changed their mind, although a business that voluntarily offers a change-of-mind policy must follow it.
SECTION 8 — INTELLECTUAL PROPERTY
Unless otherwise stated, the website and its content—including the Curve & Charm name and branding, logos, photographs, product photography, graphics, text, videos, designs and website content—are owned by or licensed to Curve & Charm and are protected by applicable intellectual-property laws.
You may access and use our website for your personal, non-commercial use.
Except where permitted by law, you must not reproduce, copy, modify, republish, distribute, sell, commercially exploit or create derivative works from our content without our prior written permission.
Nothing in these Terms transfers ownership of any intellectual-property rights to you.
The Shopify name, trademarks and related intellectual property belong to Shopify or its applicable affiliates.
All other third-party trademarks appearing through the Services remain the property of their respective owners.
SECTION 9 — THIRD-PARTY TOOLS AND SERVICES
Our website may provide access to tools, applications, payment services, social-media features or other services provided by third parties.
Those third-party services may operate under their own terms and privacy policies.
To the extent permitted by law, we are not responsible for third-party services that we do not own or control.
Nothing in this section excludes liability that cannot lawfully be excluded.
SECTION 10 — THIRD-PARTY LINKS
Our website may contain links to websites or services operated by third parties.
We do not control those websites and are not responsible for their content, availability, security or privacy practices.
Your use of third-party websites is subject to the terms and policies of those third parties.
Nothing in this section limits any responsibility Curve & Charm has under applicable law.
SECTION 11 — RELATIONSHIP WITH SHOPIFY
Curve & Charm is powered by Shopify, which provides technology that enables us to operate our online store.
However, purchases made through our store are transactions between you and Curve & Charm.
Shopify is not the seller of Curve & Charm products.
To the extent permitted by applicable law, Shopify is not responsible for the products sold by Curve & Charm or for claims arising directly from the sale or use of those products.
Nothing in this section limits any rights you may have that cannot lawfully be excluded.
SECTION 12 — PRIVACY
We collect, use, disclose and otherwise handle personal information in accordance with our Privacy Policy and applicable privacy laws.
Because our store is hosted by Shopify, Shopify may process information relating to your access to and use of our store in order to provide its services to us.
Information may also be processed by payment providers, delivery providers and other service providers necessary to operate our business and fulfil your order.
Please review our Privacy Policy for further information about how we handle personal information.
Shopify's own privacy information is available through Shopify's Privacy Policy.
SECTION 13 — REVIEWS, FEEDBACK AND USER CONTENT
If you voluntarily submit a product review, photograph, comment, suggestion or other content (“User Content”) to us, you represent that you have the right to provide that content.
You grant Curve & Charm a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and publish that User Content for purposes connected with operating, marketing and promoting Curve & Charm and our products, subject to applicable law.
We will not knowingly use your personal information contrary to our Privacy Policy or applicable privacy law.
You must not submit User Content that:
- infringes another person's intellectual-property or privacy rights;
- is unlawful, fraudulent, defamatory or misleading;
- contains malicious software; or
- impersonates another person.
We may remove User Content from our website where we reasonably consider it inappropriate, unlawful or in breach of these Terms.
SECTION 14 — ERRORS AND INACCURACIES
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, availability, pricing, promotions, shipping costs or delivery estimates.
We may correct genuine errors or update information when identified.
We will not use this provision to avoid obligations or rights arising under the Australian Consumer Law or other applicable laws.
SECTION 15 — PROHIBITED USES
You must not use the Services:
- for unlawful, fraudulent or malicious purposes;
- to infringe our rights or the rights of another person;
- to distribute malware or malicious code;
- to obtain unauthorised access to our systems;
- to interfere with the security or proper operation of our website;
- to collect personal information unlawfully;
- to impersonate another person;
- to engage in abusive, threatening or defamatory conduct;
- to conduct fraudulent transactions; or
- to reproduce or commercially exploit our website or content without authorisation.
We may restrict or suspend access where we reasonably believe this section has been breached, subject to applicable law.
SECTION 16 — AUTOMATED ACCESS
Automated systems, bots, scraping tools or similar technologies must not access our website in a manner that:
- interferes with the operation or security of the Services;
- circumvents technical access restrictions;
- accesses areas that are not intended to be publicly accessible;
- extracts Curve & Charm content for unauthorised commercial use; or
- breaches applicable law.
We may use reasonable technical measures to protect our website and Services against abusive or unauthorised automated access.
SECTION 17 — SUSPENSION AND TERMINATION
We may suspend or terminate access to an account or the Services where we reasonably believe a user has materially breached these Terms, engaged in fraud or unlawful activity, compromised the security of our Services, or where suspension or termination is otherwise reasonably necessary to protect Curve & Charm, our customers or third parties.
Termination does not affect rights or obligations that arose before termination.
Any provisions which by their nature are intended to continue after termination will survive.
Nothing in this section affects your rights under the Australian Consumer Law.
SECTION 18 — CONSUMER GUARANTEES AND WARRANTIES
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, condition, right or remedy conferred by the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, any additional warranties or representations not expressly stated by Curve & Charm are excluded.
Any jewellery-care guidance or voluntary warranty we provide operates in addition to your statutory rights and does not replace or limit those rights.
The ACCC expressly states that businesses cannot remove consumer guarantees by saying they are not responsible for problems with products or by imposing blanket “no refunds” conditions.
SECTION 19 — LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
To the maximum extent permitted by law, Curve & Charm will not be liable for indirect or consequential loss that was not reasonably foreseeable and that does not arise from our breach of an applicable consumer guarantee or other legal obligation.
Nothing in these Terms is intended to exclude liability where doing so would be unlawful.
SECTION 20 — INDEMNITY
To the extent permitted by law, you are responsible for loss suffered by Curve & Charm as a direct result of your unlawful use of the Services or your material breach of these Terms, to the extent that the loss was reasonably foreseeable and caused by your conduct.
This provision does not require you to indemnify Curve & Charm for losses caused by our own negligence, breach of these Terms, breach of law or conduct for which liability cannot lawfully be transferred to you.
SECTION 21 — SEVERABILITY
If any provision of these Terms is determined by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the extent necessary without affecting the validity and enforceability of the remaining provisions.
SECTION 22 — WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right under these Terms, that does not necessarily mean we have waived that right.
These Terms, together with the policies incorporated by reference, constitute the agreement between you and Curve & Charm concerning your use of the Services and purchases from our store, subject always to rights and obligations imposed by applicable law.
SECTION 23 — ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our consent where the nature of those rights or obligations requires our consent.
We may transfer our rights or obligations as part of a legitimate transfer, sale or restructuring of our business, provided that doing so does not unlawfully reduce your existing rights.
SECTION 24 — GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia, and the applicable laws of the Commonwealth of Australia.
You and Curve & Charm submit to the jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.
Nothing in this section is intended to deprive a consumer of any protection or right they have under applicable Australian law.
SECTION 25 — CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, Services or applicable laws.
The current version will be published on this page together with its effective or last-updated date.
Where required by applicable law, we will provide appropriate notice of material changes.
Changes will not retrospectively remove rights that have already arisen in relation to an existing purchase.
The ACL's unfair-contract-term regime is particularly relevant here: terms giving one party broad unilateral powers to vary or terminate a standard-form contract can potentially be unfair.
SECTION 26 — CONTACT INFORMATION
Questions regarding these Terms, orders or our Services can be sent to:
Curve & Charm
Email: curveandcharm@gmail.com
ABN: 26 522 590 185
Australia