OVERVIEW
Welcome to Exyon Marketplace. The terms “we”, “us” and “our” refer to Exyon Pty Ltd trading as Exyon Marketplace (“Exyon”). We operate this website and online store (the “Services”) to provide you with a curated shopping experience. Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell products and services to you.
These Terms of Service (“Terms”), together with any policies referenced here (including our Privacy Policy, Shipping Policy, and Returns, Refunds & Warranty Policy), set out your rights and responsibilities when you access or use the Services.
By accessing, browsing, or purchasing from our Services, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
By using the Services, you confirm you are at least 18 years old (or the age of majority in your place of residence) and have legal capacity to enter into these Terms.
When placing an order, you may be required to provide information such as your email address and billing and shipping details. You agree that all information you provide is accurate, current, and complete.
If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must not transfer or sell your account to any other person.
We take reasonable care to ensure product descriptions, images, and pricing are accurate. However:
Product colours and appearance may vary depending on your device and display settings.
Product availability, specifications, and packaging may change from time to time.
We reserve the right to update product information, limit quantities, or discontinue products at any time.
For refurbished and demo devices, condition and inclusions are described on the product page. Where a product is sold as refurbished, it may show minor signs of prior handling consistent with the condition grade stated.
When you place an order, you are making an offer to purchase. We may accept or decline an order at our discretion, including where:
A product is unavailable,
We identify an error in pricing or product information,
We suspect fraud or unauthorised activity, or
We are unable to verify payment details.
An order is not accepted until we send an order confirmation and payment is successfully processed. If we cancel or change an order, we will attempt to notify you using the contact details provided at checkout.
Returns and exchanges are only available in accordance with our Returns, Refunds & Warranty Policy.
Unless otherwise agreed in writing, purchases are for personal or household use only and not for commercial resale or export.
All prices are shown in Australian Dollars (AUD) unless stated otherwise. Prices and promotions may change at any time without notice.
Where applicable, GST is charged in accordance with Australian law. Shipping costs (if any) are shown at checkout before payment is submitted.
You agree to provide current, complete, and accurate payment and account information for all purchases. You authorise us (and our payment processors) to charge your selected payment method for the total amount of your order, including shipping and applicable taxes.
Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, weather events, customs processing (if applicable), or circumstances outside our control.
Risk of loss and title pass to you when the product is delivered to the carrier, except where otherwise required under the Australian Consumer Law. For full shipping details, refer to our Shipping Policy.
Returns, refunds, exchanges, and warranty claims are governed by our Returns, Refunds & Warranty Policy.
Nothing in these Terms excludes or limits your rights under the Australian Consumer Law (“ACL”). Our goods come with guarantees that cannot be excluded under the ACL.
All content on the Services (including text, graphics, logos, product images, layout, software, and design) is owned by or licensed to Exyon and is protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial purposes only. You must not copy, reproduce, distribute, modify, create derivative works, publicly display, or exploit any part of the Services without our prior written consent.
The Services may provide access to third-party tools, links, or embedded functionality. We do not control and are not responsible for third-party websites, tools, or content.
You use third-party services at your own risk, and your use may be subject to the third party’s terms and policies.
Our store is hosted on Shopify, which provides the platform for our Services. Purchases made through our store are transactions between you and Exyon (not Shopify). To the maximum extent permitted by law, Shopify is not responsible for your purchase transaction with Exyon.
Your use of the Services is subject to our Privacy Policy. Because the Services are hosted on Shopify, Shopify may also collect and process certain information in accordance with Shopify’s privacy practices.
If you submit feedback, reviews, suggestions, or other content (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, and display that Feedback for business and promotional purposes.
You must not submit Feedback that is unlawful, misleading, defamatory, abusive, or infringes a third party’s rights.
We may correct errors or omissions relating to product information, pricing, promotions, shipping, and availability at any time. If a material error affects your order, we may cancel the order and refund any amounts paid.
You must not use the Services:
For unlawful purposes,
To infringe intellectual property rights,
To harass, defame, abuse, or threaten others,
To transmit malware or malicious code,
To scrape, crawl, or interfere with the security or operation of the Services, or
To engage in fraudulent activity.
We may suspend or terminate access to the Services if we believe you have violated these Terms.
We may suspend or terminate your access to the Services at any time if we reasonably believe you have breached these Terms or misused the Services.
To the maximum extent permitted by law, the Services and all products are provided “as is” and “as available”. We do not guarantee that the Services will always be uninterrupted or error-free.
Important: Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies you may have under the ACL.
To the maximum extent permitted by law and subject to your non-excludable ACL rights, Exyon will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of data, or loss of opportunity arising from your use of the Services or any purchase.
Where liability cannot be excluded, Exyon’s liability is limited (at Exyon’s option) to:
Replacing the goods or supplying equivalent goods,
Repairing the goods,
Paying the cost of replacing the goods or repairing the goods, or
Resupplying the services or paying the cost of having the services supplied again.
You agree to indemnify Exyon and its officers, employees, and service providers against losses or claims arising from your breach of these Terms or misuse of the Services.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force.
These Terms and the policies referenced form the entire agreement between you and Exyon regarding your use of the Services.
You may not assign your rights or obligations under these Terms without our written consent. We may assign or transfer our rights and obligations as permitted by law.
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
We may update these Terms from time to time by posting an updated version on this page. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
Questions about these Terms: hello@exyon.com.au
Exyon Pty Ltd
12/105 Cochranes Rd, Moorabbin VIC 3189
Phone: 1800 431 524
ABN: 73 644 368 507
