Terms of Service

TERMS OF SERVICE

Last updated: 02/03/2026

OVERVIEW

Welcome to Smith Sydney! The terms “we”, “us” and “our” refer to Smith Sydney, operated by Rocket Enterprise Limited. Smith Sydney operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Smith Sydney is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (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. 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 Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or the age of majority in your state or territory of residence in Australia. You have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, 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 this information.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or licence your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services. However, please note that colours or product appearance may differ from how they appear on your screen due to your device type, settings and configuration.

All descriptions of products 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 the quantities of any products we offer to any person, geographic region or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Smith Sydney reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Smith Sydney confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Smith Sydney may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the contact details provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export, unless otherwise agreed in writing with Smith Sydney.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices are displayed in Australian Dollars (AUD) and are inclusive of GST (Goods and Services Tax) where applicable, unless otherwise stated. Prices do not include shipping or handling charges unless expressly stated.

Prices in our online store may differ from prices offered through third-party platforms. We may offer promotions from time to time that are governed by separate terms and conditions. Where there is a conflict between promotion terms and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate payment and account information for all purchases. You represent and warrant that you are authorised to use the payment method provided and that charges will be honoured by your payment provider.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our reasonable control. Once we transfer products to the carrier, risk of loss passes to you. Please refer to our Shipping Policy for full details.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Smith Sydney (operated by Rocket Enterprise Limited), its affiliates or licensors and are protected by the Copyright Act 1968 (Cth) and other applicable Australian and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. All rights not expressly granted herein are reserved by Smith Sydney.

Smith Sydney names, logos, product and service names, designs and slogans are trademarks of Smith Sydney (operated by Rocket Enterprise Limited) or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s name, logo and related marks are trademarks of Shopify Inc.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control over. We provide access to such tools “as is” and “as available” without any warranties or conditions of any kind. We shall have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party websites. If you choose to leave our Services to access third-party sites, you do so at your own risk. Complaints or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Smith Sydney is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make are made directly with Smith Sydney. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Smith Sydney. You hereby release Shopify and its affiliates from all claims, damages and liabilities arising from your purchases and transactions with Smith Sydney.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at smith-sydney.com/pages/privacy-policy-2. 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.

SECTION 11 – FEEDBACK

If you submit any ideas, suggestions, feedback, reviews or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to any Feedback you submit, and that your Feedback will not violate any third-party rights or applicable laws. We are under no obligation to maintain your Feedback in confidence, pay compensation for it, or respond to it.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any such errors and to change or update information or cancel orders where any information is found to be inaccurate, without prior notice.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable Australian or international laws or regulations; (c) to infringe upon the intellectual property rights of others; (d) to harass, abuse, harm or defame any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional material (spam) in breach of the Spam Act 2003 (Cth); (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services.

You also agree not to upload or transmit malicious code, collect personal information of others without consent, or interfere with the security features of the Services.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice if we determine that you have violated any part of these Terms. You will remain liable for all amounts due up to and including the date of termination. The following sections will survive termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy Policy.

SECTION 15 – CONSUMER RIGHTS & WARRANTIES

Nothing in these Terms affects your statutory rights as a consumer under Australian law, including your rights under the Australian Consumer Law (ACL), Schedule 2 of the Competition and Consumer Act 2010 (Cth). Under the ACL, goods must be of acceptable quality, fit for purpose, and match their description. If your order does not meet these standards, you may be entitled to a repair, replacement, or refund. These rights are in addition to our Return & Refund Policy and cannot be excluded, restricted, or modified.

To the extent permitted by applicable Australian law, and without affecting your statutory rights, we do not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable Australian law, Smith Sydney, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors shall not be liable for any indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, loss of data or replacement costs, arising from your use of the Services or any products purchased through the Services.

Nothing in these Terms limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Australian law, including liability under the Australian Consumer Law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Smith Sydney, Shopify, and our affiliates, officers, directors, employees, agents and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of: (1) your breach of these Terms of Service; (2) your violation of any applicable law or the rights of a third party; or (3) your access to and use of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void or unenforceable under applicable Australian law, that provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms of Service, together with our Privacy Policy, Shipping Policy and Return & Refund Policy, constitute the entire agreement between you and Smith Sydney regarding your use of the Services.

SECTION 20 – ASSIGNMENT

You may not transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and Smith Sydney agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

SECTION 22 – CHANGES TO TERMS OF SERVICE

We reserve the right to update, change or replace any part of these Terms of Service at any time by posting updates to this page. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable Australian law. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.

SECTION 23 – CONTACT INFORMATION

Store name: Smith Sydney

Company name: Rocket Enterprise Limited

Company Address: 28 Ferry Street, Unit 1005, 10F Boss Commercial Centre, Yau Ma Tei, Kowloon, Hong Kong

Warehouse Address: 89 Hillview Road, North Kellyville NSW 2155, Australia

Company number: 71670123

Email: info@smith-sydney.com

Phone number: [BITTE ERGÄNZEN]

Customer service hours: Monday to Friday: 9am–6pm AEST (UTC+10)

Saturday and Sunday: Closed

For any questions, please visit our Contact page at smith-sydney.com/pages/contact.

We aim to respond to your inquiries within 24 hours.