Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to FORMOSA BOBA! The terms "we", "us" and "our" refer to FORMOSA BOBA. FORMOSA BOBA 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"). FORMOSA BOBA 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 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 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 operating a valid business entity or have the legal authority to bind your business to these Terms. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your registered business details, ABN (Australian Business Number), email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores 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 of your account activity. You may not transfer, sell, assign, or license 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 in our online stores. However, please note that packaging, colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device 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 that we offer to any person, business, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS AND B2B CAPACITY

When you place an order, you are making an offer to purchase. FORMOSA BOBA reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until FORMOSA BOBA confirms acceptance via a dispatch confirmation. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as FORMOSA BOBA may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. Wholesale Capacity Representation: You expressly represent, warrant, and covenant that you are purchasing products from FORMOSA BOBA solely for commercial use, commercial resale, or commercial food and beverage preparation, and NOT for personal, domestic, or household use.

SECTION 4 - PRICES, GST, 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. Unless otherwise expressly stated, all posted wholesale prices are exclusive of Goods and Services Tax (GST). GST and applicable shipping/handling charges will be calculated and added during the checkout process. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 5 - SHIPPING, DELIVERY, AND RISK OF LOSS

All delivery times provided are estimates only and are not guaranteed. We are not liable for shipping and delivery delays caused by shipping carriers, customs processing, severe weather, or events outside our control.

  • Local Delivery: For orders delivered by our internal team, title and risk of loss pass to you upon delivery and physical drop-off at your designated business premises.

  • Third-Party Carrier / Freight: For orders dispatched via third-party couriers or pallet freight, title and risk of loss pass to you the moment the products are transferred to the carrier at our warehouse facility. Any claims for transit damage must be filed with the respective carrier.

  • Weight Limitation: Standard website checkout handles orders up to 100kg. Orders exceeding 100kg are subject to separate manual pallet freight quotes.

SECTION 6 - AUSTRALIAN CONSUMER LAW (ACL) MANDATORY STATEMENT

Nothing in these Terms of Service excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Competition and Consumer Act 2010) or any other applicable statute that cannot be excluded, restricted, or modified by agreement. To the extent permitted by law, our liability for a breach of a non-excludable guarantee or warranty is limited, at our option, to the replacement or repair of the goods, the supply of equivalent goods, or the cost of replacing or repairing the goods.

SECTION 7 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL FORMOSA BOBA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION LOSSES, COMMERCIAL LOSSES, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 8 - 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 FORMOSA BOBA, its affiliates or licensors and are protected by Australian and international copyright, trademark, and intellectual property laws. These Terms permit you to use the Services for your authorized commercial purchasing activities. You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any of the material on the Services without our prior written consent.

SECTION 9 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 10 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

SECTION 11 - RELATIONSHIP WITH SHOPIFY

FORMOSA BOBA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with FORMOSA BOBA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and FORMOSA BOBA, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with FORMOSA BOBA.

SECTION 12 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than Australia in order to provide services to you.

SECTION 13 - FEEDBACK AND SUBMISSIONS

If you submit or transmit any ideas, suggestions, feedback, reviews, proposals, or plans (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We are under no obligation to maintain Feedback in confidence or pay compensation for Feedback.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).


 

SECTION 15 - PROHIBITED USES

You may access and use the Services for lawful commercial purposes only. You may not access or use the Services: (a) for any unlawful purpose; (b) to violate any federal, state or territorial regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the rights of others; (d) to transmit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code; (f) to collect or track the personal information of others; (g) to spam, phish, or scrape data using automated means or AI tools; or (h) to interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your account at any time without notice for violations.

SECTION 16 - AGENTS

16.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity. 16.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself by including "Agent/[agent name]" in the HTTP/HTTPS request's user agent string. 16.3 Agents must not conceal or obfuscate their automated nature, must not bypass CAPTCHAs, and must not circumvent measures intended to limit automated access.

SECTION 17 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless FORMOSA BOBA, Shopify, and our affiliates, partners, officers, directors, employees, agents, and contractors from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party, or your commercial use of the products.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable under Australian law, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, without affecting the validity of any remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms and any policies referenced herein constitute the entire agreement between you and us, superseding any prior agreements or communications.

SECTION 21 - ASSIGNMENT

You may not delegate, 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 without consent or notice to you.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. Any legal disputes or proceedings arising out of these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in Queensland, Australia.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at formosaaus@gmail.com.

Our contact information is posted below: FORMOSA BOBA

Email: formosaaus@gmail.com Brisbane, Queensland, Australia