Terms of service

Terms of Service – Torso Australia

Overview

Welcome to Torso Australia. The terms “we”, “us” and “our” refer to Torso Australia.

Torso Australia operates this store and website, including all related information, content, features, tools, products and services provided through the website.

These Terms of Service, together with any policies referenced in these Terms, describe your rights and responsibilities when you access, browse, use, or purchase from our website.

Please read these Terms of Service carefully before using our website or placing an order.

By visiting, interacting with, using our website, or purchasing from us, you agree to be bound by these Terms of Service, our Privacy Policy, and our Returns, Refunds & Cancellation Policy.

If you do not agree to these Terms of Service, you should not access or use our website or purchase from us.

Section 1 – Age Requirement, Access and Account

You must be at least 18 years old to access, browse, use, or purchase from this website.

Minors are not permitted to use our website, create an account, or purchase our products.

By using our website or placing an order, you represent and warrant that you are at least 18 years old and legally able to enter into a binding agreement.

To use certain parts of our website or place an order, you may be asked to provide information such as your name, email address, billing details, payment details, shipping address, and phone number.

You represent and warrant that all information you provide is accurate, current, complete, and that you have the right to provide such information.

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

Section 2 – Our Products

Torso Australia sells intimate personal products. Some products may be standard models, while others may be custom-made, made-to-order, or prepared based on your selected specifications.

Selected specifications may include, but are not limited to:

Material
Skin tone
Head or no-head option
Hairstyle
Accessories
Interactive features
Upgrades or other custom options

You are responsible for reviewing all product information, selected options, order details, and measurements carefully before placing an order.

We make every effort to display our products, colours, features, images, descriptions, and specifications as accurately as possible. However, product appearance may vary slightly due to screen settings, lighting, manufacturing differences, material characteristics, and photography.

Product images are for reference only. Actual products may vary slightly in colour, texture, shape, finish, or appearance.

All product descriptions, prices, images, availability, and specifications are subject to change at any time without notice.

We reserve the right to discontinue any product or limit the quantity of any product available for purchase.

Section 3 – Orders

When you place an order, you are making an offer to purchase the selected products.

Your order is not accepted until we confirm acceptance of your order. We must receive and process your payment before your order is accepted and processed.

We reserve the right to accept, decline, cancel, or modify any order where reasonably necessary, including but not limited to situations involving suspected fraud, pricing errors, product availability issues, payment issues, incorrect information, or other order-related concerns.

If we need to cancel or change an order, we will attempt to contact you using the email address, billing address, shipping address, or phone number provided at the time of order.

Please review your order carefully before submitting. Once an order is accepted, production, preparation, or dispatch may begin shortly after purchase.

Cancellations, modifications, returns, and refunds are handled in accordance with our Returns, Refunds & Cancellation Policy.

You represent and warrant that any purchase you make from us is for lawful personal use and not for unauthorised resale, commercial distribution, or export.

Section 4 – Prices, Payment and Billing

All prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product will be the price shown at the time your order is placed, subject to correction of errors, inaccuracies, or omissions.

Unless otherwise stated, prices shown on our website may not include shipping fees, handling fees, taxes, duties, or other charges that may apply to your order.

You agree to provide current, complete, and accurate purchase, billing, payment, and account information for all purchases made through our website.

You represent and warrant that:

The payment information you provide is true, correct, and complete
You are authorised to use the payment method provided
Any charges incurred by you will be honoured by your payment provider
You will pay all charges incurred by you at the listed prices, including any applicable shipping, handling, taxes, or other charges

We may refuse, cancel, or delay an order if payment cannot be verified or if the transaction appears suspicious, unauthorised, or fraudulent.

Section 5 – Shipping and Delivery

Delivery times shown on our website or provided by us are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, supplier delays, production delays, incorrect delivery information, weather events, public holidays, force majeure events, or other circumstances outside our reasonable control.

You are responsible for providing a complete and accurate shipping address. We are not responsible for delays, failed deliveries, or losses caused by incorrect or incomplete shipping information provided by you.

Once an order has been dispatched, we may no longer be able to cancel or modify the order.

If an item arrives damaged, missing, or significantly different from what was ordered, please contact us as soon as possible in accordance with our Returns, Refunds & Cancellation Policy.

Nothing in this section excludes, restricts, or limits any rights you may have under Australian Consumer Law.

Section 6 – Product Use and Customer Responsibility

You agree to use any products purchased from us lawfully, safely, and responsibly.

You are responsible for ensuring that your purchase, possession, use, and importation of any product complies with the laws and regulations applicable in your location.

You must not use our products or website for any illegal, unauthorised, unsafe, or harmful purpose.

We are not responsible for any loss, damage, injury, or issue caused by misuse, improper handling, improper storage, modification, unauthorised repair, failure to follow care instructions, or use of the product in a way that is not intended.

Section 7 – Intellectual Property

Our website and Services, including but not limited to all trademarks, brand names, text, images, graphics, logos, product reviews, videos, audio, layout, design, and overall arrangement, are owned by Torso Australia, its affiliates, suppliers, or licensors and are protected by Australian and applicable international intellectual property laws.

These Terms allow you to use our website for personal, non-commercial use only.

You must not reproduce, copy, distribute, modify, publish, display, transmit, download, store, sell, resell, or exploit any part of our website, content, products, branding, or Services without our prior written consent.

Torso Australia’s names, logos, product names, service names, designs, and slogans are trademarks or branding of Torso Australia or its affiliates or licensors. You must not use them without our prior written permission.

All other names, logos, product names, service names, designs, and slogans appearing on our website are the property of their respective owners.

Section 8 – Optional Tools and Third-Party Services

We may provide access to tools, apps, payment services, shipping services, or other services offered by third parties.

We do not control or monitor third-party tools and are not responsible for their content, availability, operation, accuracy, security, or performance.

You acknowledge and agree that third-party tools and services are provided “as is” and “as available” without any warranties, representations, or conditions from us.

Your use of third-party tools or services is at your own risk and may be subject to separate terms and policies provided by the relevant third party.

Section 9 – Third-Party Links

Our website may contain links to third-party websites, platforms, resources, or services.

Third-party links are provided for convenience only. We are not responsible for reviewing, evaluating, or verifying the content, accuracy, policies, products, services, or practices of any third-party website.

If you access a third-party website, you do so at your own risk.

Any complaints, claims, questions, or concerns regarding third-party products or services should be directed to the relevant third party.

Section 10 – Relationship with Shopify

Torso Australia is powered by Shopify, which enables us to provide our online store and related Services.

Any sales and purchases made through our store are made directly between you and Torso Australia.

By using our website, you acknowledge that Shopify is not responsible for any aspect of sales between you and Torso Australia, including any product issue, injury, damage, loss, refund request, delivery issue, or transaction-related concern.

Section 11 – Privacy Policy

Your submission of personal information through our website is governed by our Privacy Policy.

Because our store is hosted by Shopify, Shopify may collect and process personal information about your access to and use of our website in order to provide and improve the Services.

Information submitted through our website may be transmitted to or processed by Shopify and other third-party service providers, including providers located outside your country of residence.

Please review our Privacy Policy for more information about how we collect, use, store, and disclose personal information.

Section 12 – Feedback, Reviews and Submissions

If you submit, upload, post, email, or otherwise provide feedback, reviews, suggestions, ideas, images, videos, or other content to us, you grant us a worldwide, royalty-free, sublicensable, transferable licence to use, reproduce, modify, publish, display, distribute, and promote that content for business, marketing, operational, and promotional purposes.

You represent and warrant that:

You own or have the necessary rights to provide the content
The content is accurate and not misleading
The content does not violate the rights of any third party
The content does not contain unlawful, abusive, defamatory, obscene, harmful, or malicious material

We may, but have no obligation to, monitor, edit, remove, or refuse any content submitted by you.

You are solely responsible for any content you submit. We take no responsibility and assume no liability for content submitted by you or any third party.

Section 13 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on our website is inaccurate at any time, including after an order has been submitted.

Where required by law, we will provide any remedy required under Australian Consumer Law.

Section 14 – Prohibited Uses

You may access and use our website for lawful purposes only.

You must not use our website or Services:

For any unlawful, fraudulent, harmful, or malicious purpose
To violate any applicable law or regulation
To infringe upon or violate our intellectual property rights or the rights of others
To harass, abuse, insult, harm, defame, threaten, intimidate, or discriminate against any person
To submit false, misleading, or inaccurate information
To upload or transmit viruses, malware, or harmful code
To collect, track, or misuse personal information of others
To spam, phish, scrape, crawl, or use automated tools without permission
To interfere with or bypass the security features of our website
To impersonate another person or entity
To use our website or products for any unauthorised resale, export, or commercial distribution

We reserve the right to suspend, disable, or terminate your access to our website or Services if we believe you have violated these Terms.

Section 15 – Termination

We may terminate or suspend your access to our website, account, or Services at any time if we reasonably believe you have violated these Terms, provided false information, engaged in fraudulent activity, misused our website, or acted in a way that may harm Torso Australia, Shopify, other customers, or third parties.

You remain responsible for any amounts due up to and including the date of termination.

Sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, governing law, privacy, and any other provisions that by their nature should survive termination will continue to apply after termination.

Section 16 – Disclaimer of Warranties

The information on our website is provided for general information purposes only. While we aim to keep information accurate and up to date, we do not guarantee that all information will always be complete, current, or error-free.

To the fullest extent permitted by law, our website and Services are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we do not guarantee that:

The website will be uninterrupted, secure, or error-free
Any defects will be corrected immediately
The website or server will be free from viruses or harmful components
Product images, colours, or appearance will be identical to what is displayed on your screen

Nothing in these Terms excludes, restricts, or limits any rights or remedies you may have under Australian Consumer Law.

Section 17 – Limitation of Liability

To the fullest extent permitted by law, Torso Australia and its affiliates, partners, directors, officers, employees, contractors, suppliers, service providers, and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or similar damages arising from your use of our website, Services, or products.

This may include, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or other similar losses.

Nothing in these Terms excludes, restricts, or limits any liability that cannot be excluded under Australian Consumer Law or any other applicable law.

Section 18 – Australian Consumer Law

Nothing in these Terms excludes, restricts, or limits your rights under Australian Consumer Law.

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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Our Returns, Refunds & Cancellation Policy explains how cancellations, returns, refunds, damaged items, incorrect items, and product issues are handled.

Section 19 – Indemnification

You agree to indemnify and hold harmless Torso Australia, its affiliates, partners, officers, directors, employees, contractors, licensors, suppliers, and service providers from any claim, loss, damage, liability, or expense arising out of:

Your breach of these Terms
Your violation of any law or regulation
Your misuse of our website or products
Your violation of the rights of any third party
Any false, inaccurate, or misleading information you provide to us

This section applies to the fullest extent permitted by law.

Section 20 – Severability

If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be enforceable to the fullest extent permitted by law.

Any unenforceable portion will be deemed severed from these Terms, and the remaining provisions will remain valid and enforceable.

Section 21 – Waiver and Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy, Returns, Refunds & Cancellation Policy, Shipping Policy, and any other policies posted on our website, constitute the entire agreement between you and Torso Australia regarding your use of our website and Services.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

Section 22 – Assignment

You may not transfer, assign, or delegate these Terms 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 your consent where reasonably necessary for business, legal, operational, or restructuring purposes.