Terms of service
Last updated: 2 August 2026
OVERVIEW
Welcome to BOINKERS! The terms "we", "us" and "our" refer to BOINKERS. BOINKERS operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the "Services"). BOINKERS is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced here (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our [Privacy Policy]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or, for our New Zealand customers, the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ), where those laws apply and cannot lawfully be excluded.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and that you have given consent for any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We've made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to your device and its display settings.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction, on a case-by-case basis.
Nothing in this section limits any consumer guarantee that products will be of acceptable quality, fit for purpose, or as described, under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993.
SECTION 3 - ORDERS
When you place an order, you're making an offer to purchase. BOINKERS reserves the right to accept or decline your order for any reason at its discretion. Your order isn't accepted until BOINKERS confirms acceptance, and we must receive and process your payment before an order is accepted. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted. If we don't accept, change, or cancel an order, we'll attempt to notify you using the email, billing address, and/or phone number provided at the time of order.
Your purchases are subject to return or exchange in accordance with our [Returns Policy].
You represent and warrant that your purchases are for personal or household use, and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices are in Australian dollars (AUD) and do not include shipping, handling, or customs and import charges where applicable. Where required, GST is included in the displayed price in accordance with Australian law.
Prices in our online store may differ from prices offered in other stores or channels. We may run promotions governed by separate terms and conditions; if those terms conflict with these Terms, the promotion terms will govern for that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information, and to promptly update it (including your email address and payment details) so we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorised to use the nominated payment method; (iii) charges incurred by you will be honoured by your card issuer or payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping and handling and any applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once we hand products to the carrier, title and risk of loss passes to you, except where the Australian Consumer Law or New Zealand Consumer Guarantees Act 1993 requires otherwise.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement of these, are owned by BOINKERS, its affiliates, or licensors, and are protected by Australian and international copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided here, nothing in these Terms grants any licence or other rights to you under any patent, trademark, copyright, or other intellectual property of BOINKERS, Shopify, or any third party. Unauthorised use of the Services may breach applicable intellectual property laws. All rights not expressly granted here are reserved by BOINKERS.
BOINKERS's names, logos, product and service names, designs, and slogans are trademarks of BOINKERS or its affiliates or licensors. You must not use these trademarks without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be given access to tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge that we provide access to such tools "as is" and "as available," without warranties, representations, or endorsement of any kind, to the extent permitted by law. We have no liability arising from your use of optional third-party tools, except to the extent such liability cannot be excluded under the Australian Consumer Law or New Zealand Consumer Guarantees Act 1993.
Use of any optional tools is entirely at your own risk and discretion, and you should review the third-party provider's own terms before using them.
We may, in future, offer new features through the Services. These will also form part of the Services and be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you leave the Services to access third-party material, you do so at your own risk.
We are not liable for harm or damage related to your access of third-party websites, or your purchase or use of any third-party products or services, except to the extent such liability cannot be excluded under applicable Australian or New Zealand law. Please review the third party's own policies before transacting with them. Complaints about third-party products or services should be directed to that third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
(This section accurately characterises Shopify's relationship with our store and should not be removed or modified.)
BOINKERS is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make in our store are made directly with BOINKERS. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and BOINKERS, including any injury, damage, or loss resulting from purchased products. You release Shopify and its affiliates from claims, damages, and liabilities arising from your purchases and transactions with BOINKERS, except to the extent such release is not permitted under applicable law.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our [Privacy Policy], and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve them. Information you submit may be transmitted to and shared with Shopify and third parties that may be located outside Australia or New Zealand. Review our [Privacy Policy] for more detail on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display that Feedback for any purpose, including commercial use, to help us operate, provide, evaluate, and improve the Services.
You represent and warrant that: (i) you own or have all rights necessary to give this Feedback; (ii) you've disclosed any compensation or incentive received for giving it; and (iii) your Feedback complies with these Terms. We're under no obligation to keep Feedback confidential, pay compensation for it, or respond to it.
We may, but aren't obliged to, monitor, edit, or remove Feedback we consider unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that breaches these Terms or any third party's rights.
You agree your Feedback won't infringe any third party's rights (including copyright, trademark, or privacy), won't be unlawful or abusive, and won't contain malicious code. You may not use a false email address or misrepresent your identity. You're solely responsible for your Feedback and its accuracy; we take no responsibility for Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct any errors and to update or cancel orders affected by inaccurate information at any time, including after you've submitted an order, subject to your rights under the Australian Consumer Law and New Zealand Consumer Guarantees Act 1993.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You must not use the Services: (a) for any unlawful or malicious purpose; (b) to breach any applicable law or regulation; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, or harm any person; (e) to transmit false or misleading information; (f) to send material that doesn't comply with these Terms; (g) to send spam or unsolicited advertising; (h) to impersonate any person or entity; or (i) to engage in conduct that restricts or inhibits others' use of the Services, or which may harm BOINKERS, Shopify, or other users.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce, extract, sell, or exploit any part of the Services; (c) collect or track other users' personal information; (d) phish, pharm, or pretext; (e) use bots, scrapers, data extraction tools, AI agents, or other automated means to access the Services except as permitted under Section 14; or (f) bypass or interfere with security or access-control measures we use. We reserve the right to suspend, disable, or terminate your account at any time if we reasonably believe you've breached these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity, and that can act on that person's behalf without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates strictly in accordance with clause 14.4. No Agent may access the Services if we've asked that Agent to stop doing so.
14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests, disclosing the Agent's name in the user agent string as "Agent/[agent name]"; (ii) not conceal that access is from an Agent, including by mimicking human behaviour or bypassing CAPTCHAs; (iii) respond truthfully to any prompt asking whether interactions come from a human or a computer; and (iv) not circumvent measures intended to control Agent access to the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, in whole or part, at our discretion and without notice, and you will remain liable for all amounts due up to the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on the Services is provided for general information purposes only. We don't warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk, to the extent permitted by law.
Except as expressly stated by BOINKERS, and subject always to any consumer guarantee that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993, the Services and all products offered through them are provided "as is" and "as available," without warranties or conditions of any kind, whether express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
Nothing in this section excludes, restricts, or modifies any guarantee, right, or remedy conferred on you as a consumer that cannot lawfully be excluded, restricted, or modified.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, and subject always to any consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993, BOINKERS, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, and those of Shopify and its affiliates, will not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, or loss of data, arising from your use of the Services or any products procured through them, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.
Where the Australian Consumer Law applies and liability cannot be excluded but may be limited, our liability is limited, at our option, to the resupply of the goods or services, or the cost of resupply.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BOINKERS, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims (including reasonable legal costs) arising from: (1) your breach of these Terms; (2) your violation of any law or third party's rights; or (3) your access to and use of the Services.
We'll notify you of any indemnifiable claim; a delay in notifying you won't relieve your obligations unless you're materially prejudiced by it. We may control the defence and settlement of such a claim at your expense, but won't settle any claim requiring a non-monetary obligation from you without your consent (not to be unreasonably withheld). You'll cooperate with the defence of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable part will be severed, without affecting the validity of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms doesn't constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules posted by us, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements, communications, or proposals (whether oral or written), including earlier versions of these Terms.
Any ambiguity in interpreting these Terms will not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign this agreement or your rights or obligations under these Terms without our prior written consent; any such attempt is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service, and any separate agreement under which we provide you Services, are governed by the laws of Western Australia, Australia, without regard to conflict of law principles. You and BOINKERS submit to the non-exclusive jurisdiction of the courts of Western Australia. This clause does not limit any right you have as a consumer to bring proceedings in your own state, territory, or country under applicable consumer protection law.
SECTION 23 - HEADINGS
Headings in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms at any time on this page.
We may update, change, or replace any part of these Terms at our discretion by posting updates to our website. It's your responsibility to check the website periodically for changes. We'll notify you of material changes as required by applicable law, and those changes take effect on the date specified in the notice. Continued use of the Services after changes are posted constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at hello@boinkers.com.au.
Our contact information:
BOINKERS hello@boinkers.com.au 3, 114 Cobb St, Scarborough WA 6019, Australia ABN 34 698 645 671