Terms of service
OVERVIEW
Welcome to Barry Murphy! The terms "we", "us" and "our" refer to Barry Murphy. Barry Murphy 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"). Barry Murphy 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 at least the age of majority in your state, province, or territory of residence, and 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, 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 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 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.
Subject to any non-excludable statutory rights under applicable law (including the Australian Consumer Law), 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, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Barry Murphy reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Barry Murphy confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Barry Murphy 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 email, 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. You represent and warrant that your purchases are for your own personal or household use and not for unauthorized commercial distribution or resale.
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.
Unless otherwise expressly stated:
- For US Customers: Posted prices do not include sales taxes, shipping, handling, customs, or import charges. State and local sales taxes will be calculated at checkout based on your delivery address.
- For Australian Customers: Prices displayed on our Australian store view include Australian Goods and Services Tax (GST) where applicable, unless explicitly stated otherwise.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, and (iii) you will pay all charges incurred by you at the posted prices, including shipping, handling, and 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 control. Title and risk of loss pass to you upon delivery of the items to the carrier, subject to any non-excludable consumer protections enforced under applicable local laws.
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 Barry Murphy, its affiliates or licensors and are protected by U.S., Australian, and international patent, copyright, and 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, republication, download, store, or transmit any material on our Services without our prior written consent.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Barry Murphy 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 Barry Murphy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Barry Murphy. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Barry Murphy.
SECTION 10 - 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. Because the Services are hosted by Shopify, information you submit may be transmitted to and shared with Shopify and stored on servers located outside your home country (including in the United States and Canada). Australian residents can view how personal information is handled in accordance with the Australian Privacy Principles (APPs) inside our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit, upload, post, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, or plans ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose. You represent and warrant that you own or have all necessary rights to provide such Feedback.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, 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 13 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, or pretext; or (j) to use any robot, spider, scraper, AI tools (such as agentic AI) or other automated means to access the Services.
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 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.
14.2 No Agent may access, use, or interact with Services unless it identifies itself in all HTTP/HTTPS requests as "Agent/[agent name]" and operates in strict compliance with human interaction standards, without bypassing CAPTCHAs or security headers.
SECTION 15 - 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 16 - DISCLAIMER OF WARRANTIES & STATUTORY GUARANTEES
16.1 General Disclaimer: EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
16.2 Consumer Rights Under Australian Consumer Law (AU Customers): Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy implied or imposed by the Australian Consumer Law (ACL) or any other applicable law that cannot be lawfully excluded.
Our goods come with guarantees that cannot be excluded under the 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 the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
SECTION 17 - LIMITATION OF LIABILITY
17.1 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL BARRY MURPHY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SHOPIFY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, OR LOSS OF DATA.
17.2 Australian Statutory Remedies: Where liability cannot be excluded by law, but can be limited, our liability for any breach of a non-excludable statutory guarantee under the ACL is limited, at our option, to:
- In the case of goods: replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of replacing or repairing the goods; and
- In the case of services: supplying the services again, or paying the cost of having the services supplied again.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Barry Murphy, Shopify, and our affiliates, partners, officers, directors, employees, agents, and contractors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, 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.
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 of Service constitute the entire agreement between you and us and govern your use of the Service.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations without our prior written consent. We may transfer, assign, or delegate these Terms without restriction.
SECTION 22 - GOVERNING LAW & JURISDICTION
22.1 Australian & International Customers (Outside the US): If you access or use the Services outside of the United States (including from Australia), these Terms of Service shall be governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You submit to the exclusive jurisdiction of the courts located in Western Australia and the Federal Court of Australia.
22.2 United States Customers: If you access or use the Services from within the United States, these Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware (or your primary US state of business registration), without regard to its conflict of law provisions.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - 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 to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@barrymurphy.com.
Contact Details:
Store name: Barry Murphy
Company name: Cao Digital Holdings
Company Address: Suite 1105, 1101 Hay Street, West Perth WA 6005
Warehouse Address: 311 Benara Road, Morley WA 6062
Company ABN: 85250440537
Phone: 0468 663 946
Monday to Friday | 09:00 – 17:00 (AWST)
We aim to respond to your inquiries within 24 hours.