This website is operated by Grow Sunny (ABN: 952319683443). Throughout this website, the terms "we", "us" and "our" refer to Grow Sunny. By visiting our website, browsing our products, placing an order, or using any part of our website — including our social media pages such as Instagram and Facebook — you agree to be bound by these Terms of Service, together with any additional terms, conditions, policies or notices referenced on this website.

Please read these Terms carefully before using our website. If you are uncertain about any of the terms, please contact us before completing any purchase. If you do not agree to these Terms, you should not access the website or purchase products from us.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.

1. Online Store Terms

By using this website, you confirm that you are at least the age of majority in your state, territory, province or country of residence, or that you have permission from a parent or guardian to use this website. To purchase Grow Sunny products, you must be at least 18 years of age or have obtained parental or guardian consent.

You agree not to use our website, products or services for any unlawful, harmful, fraudulent or unauthorised purpose, including resale or export. You must not use this website in a way that breaches any laws in your jurisdiction, including intellectual property, privacy, consumer protection or online safety laws. You agree when purchasing from this website that you are doing so for personal use only, and not for resale or export.

You must not transmit viruses, malware, worms or any destructive code through our website. A breach of these Terms may result in the suspension or termination of your access to our website or services.

At all times, you must provide accurate, true and correct information when interacting with our website.

2. General Conditions

We reserve the right to refuse service, cancel orders, limit purchases or restrict access to our website where permitted by law, including where we reasonably believe there has been fraud, misuse, unauthorised resale, abuse of promotions, or a breach of these Terms.

You understand that information you provide through the website, excluding payment card information, may be transferred unencrypted over various networks and may be adjusted to meet technical requirements. Payment information is encrypted and processed securely by our payment providers.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our website, services, product descriptions, images, branding or content without our prior written permission.

We reserve the right to make changes to these Terms at any time without prior notice and changes can be made effective immediately. You should check this page regularly to take notice of any changes.

3. Accuracy, Completeness and Timeliness of Information

We do our best to keep the information on our website accurate and up to date. However, we do not guarantee that all information on this website is complete, current or free from errors. Occasionally there may be information on the site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability.

The information on this website is provided for general informational purposes only. Any reliance on the material on this website is at your own risk. We may update, change or remove website content at any time without notice. Images displayed on this website should be regarded as illustrative and for informational purposes only. Actual products may not be identical to the images shown.

4. Products, Pricing and Availability

All prices listed on the site are in Australian dollars and are inclusive of any applicable Australian Goods and Services Tax (GST). Prices for our products are subject to change without notice. The products shall be charged at the rate in force when your order was validated.

Product availability, descriptions, bundles, promotions, discounts and offers may change at any time. We have made every effort to display product colours, textures, packaging and images as accurately as possible. However, we cannot guarantee that your device or monitor will display colours accurately.

Some products may be available exclusively online and may have limited quantities. We reserve the right to limit the sale of our products to any person, geographic region or jurisdiction where permitted by law. Any offer for a product or service on this website is void where prohibited. Due to changing market forces and other extenuating circumstances affecting product availability and price stability, we reserve the right to withdraw any advertised product and change prices without notice.

5. Order Acceptance and Cancellation

All orders placed are subject to confirmation and acceptance by Grow Sunny. When you place an order, you will receive an order confirmation. This confirmation does not guarantee acceptance of your order. We reserve the right to accept, decline, cancel or limit any order where permitted by law.

We may cancel an order if we reasonably believe it is fraudulent, placed by a reseller or distributor, affected by a pricing or product error, unable to be fulfilled, or otherwise in breach of these Terms. If we discover an error in the price of any goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.

If you cancel and have already paid for the goods, you will receive a full refund to the original payment method. If we cancel or amend an order, we will attempt to notify you using the contact details provided at the time of purchase.

6. Billing and Account Information

You agree to provide current, complete and accurate purchase, billing, shipping and account information for all orders placed through our store. You must pay all amounts due without set-off or deduction.

You are responsible for ensuring your shipping address, email address and phone number are correct. Where you pay by credit card, you warrant that you have the necessary rights to use that card and are fully authorised to use it to pay for the order, and that it gives access to sufficient funds corresponding to the amount of the order. Grow Sunny is under no obligation to ship any goods ordered until payment for those goods has been received.

If you provide incorrect information and your order has already been dispatched, we may not be able to redirect, replace or refund your order, except where required by law.

7. Payments and Third-Party Payment Providers

Accepted payments include credit cards (Visa, Mastercard, American Express) and PayPal. We currently use Shopify Payments and/or PayPal to ensure your payment information is kept safe. We may also offer payment options through third-party providers such as Afterpay or other buy-now-pay-later services. Your use of those payment services may be subject to the provider's own terms, conditions and privacy policy.

We are not responsible for delays, errors, declined payments, additional fees or decisions made by third-party payment providers, except where required by law. Failing sufficient funds or authorisation, Grow Sunny reserves the right to cancel the sale accordingly.

8. Shipping and Delivery

Shipping options, prices and estimated delivery timeframes are shown at checkout and/or in our Shipping Policy. Delivery timeframes are estimates only and may vary due to courier delays, customs processing, public holidays, weather events, peak sale periods, incorrect addresses, carrier disruptions or other circumstances outside our reasonable control.

It is suggested that you provide a delivery address where a person will be available to accept your delivery. Otherwise, your parcel may be redirected to the nearest post office or depot for collection. Grow Sunny may also need to deliver in instalments or through split orders if some products are not available at the time of purchasing.

Orders are usually processed within the timeframe stated on our website. During promotional periods, launches or high-volume periods, dispatch may take longer. Risk in the products passes to you once the order is delivered to the shipping address you provided, except where required otherwise by law.

9. International Orders, Duties and Customs

We ship internationally to selected countries. International orders may be subject to customs duties, taxes, tariffs, import fees or other charges determined by local authorities. Unless we expressly state otherwise, these charges are the responsibility of the customer. Grow Sunny is not responsible for customs charges and restrictions that vary from country to country.

We are not responsible for delays caused by customs, border processing, local authorities or import restrictions. If a parcel is refused, unclaimed or returned to sender due to customs, duties, incorrect address or customer refusal, additional shipping fees may apply. You take full liability for all postal charges, return shipment costs, customs charges and handling fees should you refuse to accept a parcel due to import duties or taxes. We will not refund any purchases that have not been accepted at customs.

10. Returns, Refunds and Exchanges

Returns, refunds and exchanges are handled in accordance with our Returns Policy and your rights under applicable consumer laws.

We reserve the right to refuse a return or exchange that does not meet the conditions outlined in our Returns Policy, except where required by law. Shipping fees are non-refundable unless required by law or unless the return is due to an error by Grow Sunny.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable consumer protection laws.

Our goods come with guarantees that cannot be excluded under Australian law. If a product is faulty, damaged, unsafe, not as described, or does not meet a consumer guarantee, you may be entitled to a replacement, refund, repair or other remedy in accordance with applicable law.

12. Promotions, Discounts and Offers

From time to time, we may offer promotional codes, discounts, bundles, gifts with purchase, free shipping offers, spend-and-save offers, sign-up discounts, refer-a-friend programs, limited-time campaigns or other offers. The specific terms for each promotion will be communicated at the time of the offer.

General promotion conditions:

•       Promotions are subject to availability and may be changed, extended, limited or withdrawn at any time without notice, unless otherwise stated.

•       Promotional codes cannot be applied retrospectively to previous purchases.

•       Only one promotional code may be used per order unless we expressly allow otherwise. Two discount codes or multiple promotion offers cannot be combined in the same order.

•       Promotions may be limited to certain products, countries, customers, order values, time periods or purchase conditions.

•       Offers are valid for personal use only and are not eligible for commercial volumes or resale.

•       If we reasonably believe a promotion has been misused, we may cancel or amend an order where permitted by law.

From time to time, Grow Sunny may offer complimentary samples at checkout based on availability. There are no guarantees for sample availability and changes cannot be made to selection after orders have been placed. Orders containing only a Gift Card are not eligible for free samples.

13. Subscriptions and Recurring Payments

If you purchase a subscription product, you authorise Grow Sunny and our subscription provider to charge your selected payment method on a recurring basis according to the subscription terms shown at checkout.

You are responsible for managing, pausing, updating or cancelling your subscription in accordance with the subscription terms provided at the time of purchase. Subscription billing dates, discounts, product availability, shipping fees and subscription benefits may change from time to time.

If your payment fails, your subscription order may be delayed, retried or cancelled. We may contact you to update your payment information.

14. Product Use and Skincare Results

Grow Sunny products are cosmetic skincare products. They are not intended to diagnose, treat, cure or prevent any disease, medical condition or skin condition. Upon purchase, you agree to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause you to assume full responsibility for any loss or damage arising out of that use.

Information on this website, including product descriptions, educational content, customer reviews, before-and-after content, social media content and marketing materials, is provided for general information only and should not be treated as medical advice. Individual results may vary.

We recommend patch testing before using any new skincare product, particularly if you have sensitive skin, allergies, a known skin condition, are pregnant or breastfeeding, or are under medical care. You should always check ingredients to avoid potential allergic reactions. If irritation occurs, discontinue use and seek medical advice.

If using prescription medications (oral or topical), pregnant, breastfeeding or suffering from a specific health condition, you should seek advice from an appropriate medical practitioner before adopting any new Grow Sunny products or skincare regime. If any minor uses any product purchased through the site, it should only be after the parent or legal guardian has discussed the product with the minor's doctor.

You are responsible for reading and following all product directions, warnings and ingredient information before use. We give no warranty and make no representation, express or implied, as to the suitability, adequacy or appropriateness of the products for you or the fitness of the products for a particular purpose.

15. User Reviews, Comments, Feedback and Submissions

If you send us reviews, testimonials, feedback, photos, videos, ideas, suggestions or other submissions, you agree that we may use, edit, reproduce, publish, distribute and display that content in connection with our business, marketing, website, social media, advertising or product development, unless you expressly request otherwise in writing.

You confirm that any content you submit is truthful, your own original work, and does not infringe the rights of any third party. You must not submit content that is unlawful, offensive, defamatory, misleading, abusive, obscene or harmful. We may monitor, edit, refuse or remove user content where we consider it necessary or appropriate.

16. Personal Information and Privacy

Your submission of personal information through the website is governed by our Privacy Policy, which is available on our website. By using this website and placing an order, you agree that your personal information may be collected, used and disclosed as described in our Privacy Policy, including for order fulfilment, customer support, fraud prevention, analytics and marketing where permitted by law.

17. Third-Party Tools and Links

Our website may include links to third-party websites, services, tools or platforms, including payment providers, shipping carriers, analytics tools, advertising platforms, review platforms or subscription tools. These third-party services are provided for convenience and may be subject to their own terms and privacy policies. We are not responsible for the content, accuracy, security, availability or practices of third-party websites or services.

18. Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery estimates, product availability or other content. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders where permitted by law if information is inaccurate, including after you have submitted your order.

19. Prohibited Uses

You must not use our website, content, products or services:

•       for any unlawful or fraudulent purpose;

•       to violate any laws or regulations;

•       to infringe our intellectual property rights or the rights of others;

•       to harass, abuse, insult, harm, defame, intimidate or discriminate;

•       to submit false or misleading information;

•       to upload or transmit viruses, malware or malicious code;

•       to collect, track or misuse personal information of others;

•       to spam, phish, scrape, crawl or interfere with the website;

•       to bypass security features or interfere with the proper operation of the website; or

•       to misuse promotions, discounts, referral codes or offers.

We reserve the right to suspend or terminate access to our website or services for any prohibited use.

20. Intellectual Property

All content on this website, including text, product names, product descriptions, images, graphics, logos, icons, videos, designs, layouts, branding and other materials (collectively, "Our Content"), is owned by or licensed to Grow Sunny and is protected by Australian and international intellectual property laws, including copyright, trade marks, patents, trade secrets, designs and moral rights, whether registered or unregistered.

You agree and acknowledge that you have no rights in Our Content and you must not copy, reproduce, modify, distribute, sell, publish, display or use any part of Our Content without our prior written permission. You agree to indemnify us for any breach of this clause.

21. Disclaimer of Warranties

To the maximum extent permitted by law, we do not guarantee that your use of our website or services will be uninterrupted, timely, secure or error-free. The website and services are provided on an "as is" and "as available" basis, except for any warranties, guarantees or rights that cannot be excluded under applicable law, including the Australian Consumer Law.

22. Limitation of Liability

To the maximum extent permitted by law, Grow Sunny and our directors, officers, employees, contractors, suppliers, service providers and affiliates will not be liable for any indirect, incidental, special, consequential or punitive loss or damage arising from your use of the website, products or services.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability under the Australian Consumer Law.

23. Indemnification

You agree to indemnify and hold harmless Grow Sunny and our directors, officers, employees, contractors, suppliers, service providers and affiliates from any claim, demand, loss or expense, including reasonable legal fees, arising from your breach of these Terms, your misuse of the website, your violation of any law, or your infringement of the rights of a third party.

24. Force Majeure

You agree that we are not liable for any breach of our obligations to you in the event of an act, event or cause, either direct or indirect, that occurs which is beyond our reasonable control. This includes but is not limited to natural disasters, strikes, pandemics, government actions, supply chain disruptions, courier failures, or website outages caused by third-party infrastructure.

25. Social Media Competitions

From time to time, Grow Sunny may run competitions on our social media accounts, including Instagram and Facebook ("Platforms"). By entering such a competition and by accepting a prize, you agree to the following general terms:

•       Competitions are not in any way sponsored, endorsed or administered by, or associated with, the Platforms. By entering, you release the Platforms from any and all claims arising out of your participation.

•       Employees of Grow Sunny and their immediate family members are ineligible to enter.

•       For Australian competitions, entrants must be Australian residents residing in Australia at the time of the competition, unless otherwise stated.

•       Only one entry per account is permitted unless otherwise stated.

•       Prizes are not transferable or redeemable for cash. Grow Sunny reserves the right to substitute prizes of equal or greater value if required.

•       Winners will be notified via the Platform through which the submission was received. Winners must respond within the timeframe specified to claim their prize. Grow Sunny will never ask for credit card details, bank details or payment to claim a prize.

•       Grow Sunny reserves the right to cancel, suspend or disqualify any entry or entrant it deems fraudulent, incomplete, offensive or in breach of these Terms, subject to any prohibition by law.

•       By entering, participants grant Grow Sunny a non-exclusive, royalty-free licence to use submitted content (e.g. comments, photos, skincare tips) for promotional purposes, without compensation. Participants warrant that their entry is their own original work and does not infringe any third-party rights.

•       Any personal information collected during competitions will be used solely for administering the promotion and contacting winners, in accordance with our Privacy Policy.

•       The decision of Grow Sunny in all competition matters is final. No correspondence will be entered into.

•       Competitions are governed by the laws of Queensland, Australia.

Specific terms for individual competitions (including eligibility, prize details, entry methods and promotion periods) will be published in the relevant competition post.

26. SMS and Text Message Marketing

By subscribing to Grow Sunny's SMS/text message service, you agree to receive recurring automated marketing text messages from us about our products, services, promotions and offers at the phone number you provided. Text messages may be sent using an automatic telephone dialling system or other technology.

You understand that:

•       You do not have to sign up for SMS to make a purchase. Your consent is not a condition of any purchase with Grow Sunny.

•       We do not charge for the SMS service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

•       To opt out at any time, text STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any message. You may receive a one-time opt-out confirmation text. Attempting to opt out by any other means may not be effective.

•       For support, text HELP or email us at info@growsunny.com.au.

•       We may change any short code or telephone number used to operate the service at any time. Any STOP or HELP messages sent to a changed number may not be received.

•       To the extent permitted by applicable law, we will not be liable for failed, delayed or misdirected delivery of any information sent through the service.

27. Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be treated as separate from these Terms and will not affect the validity or enforceability of the remaining sections. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

28. Termination

These Terms remain in effect unless and until terminated by either you or us. You may stop using our website at any time. We may terminate or suspend your access to our website or services if we reasonably believe you have breached these Terms or used the website in an unlawful, harmful or fraudulent way.

29. Changes to These Terms

We may update, change or replace these Terms at any time by posting the updated version on this page. It is your responsibility to check this page periodically for changes. Your continued use of the website after any changes are posted constitutes acceptance of those changes.

30. Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide products or services to you are governed by and construed in accordance with the laws of Queensland, Australia. By purchasing products through this site, you submit to the jurisdiction of the courts of Queensland, Australia and agree that any legal action will only be commenced in those forums.

31. Contact Information

Questions about these Terms of Service should be sent to us at:

•       Email: info@growsunny.com

•       Postal address: 888 Brunswick Street, New Farm, Queensland, 4005 Australia

Effective Date: 1^st July, 2026