Terms of service

Last updated: August 14, 2026

Overview

Welcome to Birchelle.

The terms “we,” “us,” and “our” refer to Birchelle. Birchelle operates this website and online store, including all related information, content, features, tools, products, and services made available to you (collectively, the “Services”).

Birchelle is powered by Shopify, which enables us to provide our online store and Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when accessing or using our Services.

Please read these Terms carefully. They contain important information regarding your legal rights, including provisions relating to warranties, liability, orders, payments, and dispute resolution.

By visiting, interacting with, accessing, or using our Services, or by purchasing from Birchelle, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree with these Terms or our Privacy Policy, you should not use our Services.

Section 1 — Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your country, state, or province of residence, or that you have reached the legal age necessary to enter into a binding agreement.

If you permit a minor dependent to access or use our Services through a device you own or control, you are responsible for their use of the Services to the extent permitted by applicable law.

To browse our store, place an order, create an account, or use certain features, you may be asked to provide information including:

  • Your name;

  • Email address;

  • Billing information;

  • Payment information;

  • Shipping address;

  • Telephone number; and

  • Other information reasonably necessary to process your order.

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

If you create an account, you are responsible for keeping your login credentials confidential and for activity performed through your account.

You may not sell, transfer, assign, or license your account to another person.

We reserve the right to refuse service, restrict access, suspend accounts, or terminate accounts where reasonably necessary, including where we believe these Terms have been violated.

Section 2 — Our Products

We make reasonable efforts to accurately display and describe Birchelle products, including their:

  • Colour;

  • Finish;

  • Materials;

  • Dimensions;

  • Design;

  • Appearance; and

  • Other product characteristics.

However, the way colours and products appear on your screen may vary depending on your device, display settings, lighting conditions, photography, and other factors.

Minor variations may also occur between product images and physical products.

We do not guarantee that every product will appear exactly as displayed on your device.

Product descriptions, availability, specifications, pricing, and other information may be updated or changed at any time without prior notice.

We reserve the right to:

  • Discontinue products;

  • Modify product designs or specifications;

  • Limit quantities;

  • Restrict sales to certain geographic regions;

  • Limit products available to particular customers; or

  • Refuse or cancel orders where reasonably necessary.

Unless otherwise expressly stated, jewellery should be used and cared for in accordance with the care instructions provided on our website.

Claims relating to damaged, defective, incorrect, or missing products are governed by our Returns & Refund Policy.

Section 3 — Orders

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

Receiving an order confirmation does not necessarily mean that your order has been finally accepted.

Your order is accepted once payment has been successfully processed and we begin fulfilling or otherwise confirm acceptance of your order.

We reserve the right to accept, reject, limit, or cancel an order for reasons including:

  • Product unavailability;

  • Pricing or listing errors;

  • Suspected fraud;

  • Payment verification issues;

  • Shipping restrictions;

  • Inventory issues;

  • Incorrect order information;

  • Violation of these Terms; or

  • Other legitimate operational reasons.

If we cancel an order after payment has been collected, we will issue an appropriate refund to the original payment method.

Please review your order carefully before submitting it.

Because fulfilment may begin shortly after an order is placed, order cancellations and changes cannot be guaranteed.

Once an order has shipped, it generally cannot be cancelled or modified.

Returns, refunds, replacements, lost-order claims, damaged-item claims, and cancellations are governed by our Returns & Refund Policy.

You represent that products purchased from Birchelle are primarily for personal or household use and not for unauthorised commercial resale.

Section 4 — Prices, Payments and Billing

Prices displayed on the Birchelle website may change at any time without notice.

The price charged for your order will normally be the price displayed at checkout at the time your order is placed.

Unless expressly stated otherwise, displayed product prices may not include:

  • Shipping charges;

  • Customs duties;

  • Import taxes;

  • VAT or sales taxes;

  • Handling fees; or

  • Other government or carrier charges.

Any applicable amounts will be displayed at checkout where technically available or may be charged separately by the relevant customs, tax, postal, or government authority.

Promotions, discounts, and promotional codes may be subject to separate conditions.

We reserve the right to modify, suspend, or end promotions at any time.

You agree to provide accurate and complete billing and payment information.

By submitting payment information, you represent that:

  • You are authorised to use the payment method;

  • The information provided is accurate;

  • Charges associated with your purchase are authorised; and

  • You agree to pay all amounts properly charged in connection with your order.

Payments may be processed by third-party payment providers.

We do not necessarily store your complete payment card information ourselves.

Section 5 — Shipping and Delivery

Birchelle works with third-party fulfilment providers, manufacturers, logistics providers, postal services, and shipping carriers to fulfil and deliver orders.

Estimated delivery dates are estimates only and are not guaranteed unless we expressly state otherwise.

Orders may experience delays due to circumstances including:

  • Carrier delays;

  • Customs processing;

  • International shipping;

  • Weather;

  • Public holidays;

  • Address problems;

  • Local postal services;

  • Customs inspections;

  • Government restrictions;

  • Force majeure events; or

  • Other circumstances outside our reasonable control.

Where an order is materially delayed, missing, or lost, please contact us so that we can investigate the shipment in accordance with our Returns & Refund Policy.

Customers are responsible for providing a complete and accurate shipping address.

Once an order has entered fulfilment or has shipped, we may be unable to modify the delivery address.

Additional rules relating to failed deliveries, refused parcels, incorrect addresses, lost shipments, and orders marked as delivered are set out in our Returns & Refund Policy.

Nothing in this section excludes any responsibility that cannot lawfully be excluded under applicable consumer law.

Section 6 — Customs, Duties and International Orders

International orders may be subject to customs duties, VAT, sales taxes, import fees, brokerage charges, or other charges imposed by the destination country.

Unless expressly stated otherwise at checkout, these amounts may be the responsibility of the customer.

Birchelle does not control customs authorities and cannot guarantee whether additional charges will apply to a particular shipment.

Customers are responsible for complying with applicable import requirements in their country.

If an order is refused, abandoned, or returned because applicable import requirements or charges were not completed, any refund or reshipment will be handled in accordance with our Returns & Refund Policy and applicable law.

Section 7 — Intellectual Property

All content made available through the Birchelle Services, including, where applicable:

  • The Birchelle name;

  • Logos;

  • Branding;

  • Product names;

  • Website design;

  • Text;

  • Images;

  • Graphics;

  • Photography;

  • Videos;

  • Audio;

  • Product descriptions;

  • Editorial content;

  • Blog content;

  • Packaging designs;

  • Marketing materials;

  • Page layouts; and

  • Other original content,

is owned by or licensed to Birchelle or its respective licensors and is protected by applicable intellectual property laws.

These Terms permit you to access the Services for your personal, non-commercial use.

Unless we give prior written permission, you may not:

  • Copy;

  • Reproduce;

  • Republish;

  • Distribute;

  • Sell;

  • Modify;

  • Create derivative works from;

  • Publicly display;

  • Download for commercial use;

  • Scrape;

  • Extract; or

  • Commercially exploit

Birchelle content.

Nothing in these Terms grants you ownership of or a licence to Birchelle intellectual property except for the limited right to use the Services in accordance with these Terms.

Birchelle, its logos, designs, slogans, and other brand identifiers may be trademarks or otherwise protected brand assets.

You may not use them without prior written permission.

Shopify's names, logos, and other marks belong to Shopify or its licensors.

Section 8 — Optional and Third-Party Tools

We may provide access to tools, applications, integrations, payment services, chat tools, social media features, analytics tools, or other functionality provided by third parties.

We may not monitor or control these third-party services.

Access to such tools may be provided “as is” and “as available.”

Your use of third-party tools may also be governed by the terms and privacy policies of the relevant third-party provider.

You should review those terms before using the relevant service.

To the extent permitted by law, Birchelle is not responsible for losses arising solely from the operation, availability, or conduct of third-party services outside our reasonable control.

We may add new tools, resources, integrations, or features to the Services in the future. Unless otherwise stated, they will also be subject to these Terms.

Section 9 — Third-Party Links

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

We are not responsible for controlling, reviewing, or verifying all content provided by third parties.

If you access a third-party website through Birchelle, you do so subject to the third party's own terms and policies.

Birchelle is not responsible for products, services, content, or transactions provided independently by third parties, except where applicable law provides otherwise.

Questions or complaints relating directly to third-party products or services should generally be directed to the relevant third party.

Section 10 — Relationship with Shopify

Birchelle is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our store are made directly with Birchelle.

By using the Services, you acknowledge that Shopify is not the seller of Birchelle products and is not responsible for the sales transaction between you and Birchelle.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for injury, loss, damage, or claims arising from products purchased directly from Birchelle.

Section 11 — Privacy

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our store is hosted through Shopify, Shopify may also collect and process certain personal information relating to your access to and use of the Services.

Certain information may also be shared with:

  • Payment providers;

  • Fulfilment partners;

  • Shipping carriers;

  • Analytics providers;

  • Customer-service providers;

  • Marketing providers; and

  • Other service providers

where reasonably necessary to operate Birchelle.

Some service providers may process information in countries other than the country in which you live.

Please review our Privacy Policy for more information about how personal information is collected, used, stored, and shared.

Section 12 — Reviews, Feedback and User Content

If you submit a review, comment, photograph, suggestion, idea, testimonial, feedback, proposal, or other content to Birchelle (“Feedback”), you represent that you have the right to submit that content.

Where legally permitted, you grant Birchelle a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, display, adapt, publish, distribute, and otherwise use that Feedback in connection with operating, improving, marketing, and promoting Birchelle and its Services.

This may include the use of reviews or submitted content on:

  • Our website;

  • Social media;

  • Advertisements;

  • Email marketing;

  • Product pages; and

  • Other Birchelle marketing materials.

You must not submit content that:

  • Infringes another person's intellectual property;

  • Violates privacy or publicity rights;

  • Is defamatory;

  • Is unlawfully discriminatory;

  • Contains malicious software;

  • Is fraudulent or misleading; or

  • Otherwise violates applicable law.

We may remove or moderate Feedback where reasonably necessary.

You remain responsible for the content you submit.

Section 13 — Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain:

  • Typographical errors;

  • Incorrect pricing;

  • Product-description errors;

  • Availability errors;

  • Promotion errors;

  • Shipping inaccuracies;

  • Transit-time inaccuracies; or

  • Other omissions.

We reserve the right to correct errors and update information at any time.

Where an error affects an order that has already been submitted, we may contact you to resolve the issue or cancel and refund the affected order where appropriate.

Section 14 — Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services to:

  • Violate any applicable law or regulation;

  • Infringe our intellectual property or the intellectual property of another person;

  • Engage in fraud or deceptive conduct;

  • Submit false or misleading information;

  • Harass, threaten, abuse, defame, or unlawfully discriminate against another person;

  • Transmit viruses, malware, or malicious code;

  • Attempt unauthorised access to our systems;

  • Interfere with website security;

  • Collect personal information about others unlawfully;

  • Spam, phish, scrape, or harvest information;

  • Impersonate another person or organisation;

  • Circumvent access-control measures;

  • Exploit any part of the Services for unauthorised commercial purposes; or

  • Otherwise interfere with the normal operation of the Services.

Unless expressly permitted by us or applicable law, you may not use automated systems, bots, crawlers, scraping tools, agentic AI, or similar technologies to systematically extract, reproduce, or commercially exploit Birchelle content.

We may suspend or restrict access where we reasonably believe these Terms have been violated.

Section 15 — Automated Agents

If software, artificial intelligence systems, automated agents, or similar tools access or interact with the Services on behalf of a user or organisation, those tools must comply with these Terms and any technical restrictions we implement.

Automated agents must not:

  • Circumvent CAPTCHAs or security mechanisms;

  • Conceal automated activity where identification is required;

  • Misrepresent themselves as human users;

  • Circumvent measures designed to restrict automated access; or

  • Use the Services in a manner prohibited elsewhere in these Terms.

We may restrict or block automated access where necessary to protect the Services, our customers, or our intellectual property.

Section 16 — Termination

We may suspend, restrict, or terminate access to some or all of the Services where reasonably necessary, including where you breach these Terms.

Termination does not remove obligations or liabilities that arose before termination.

Sections that by their nature should continue after termination will remain effective, including provisions relating to:

  • Intellectual Property;

  • Feedback;

  • Liability;

  • Indemnification;

  • Governing law; and

  • Privacy.

Section 17 — Disclaimer of Warranties

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

We do not guarantee that the website will always be:

  • Uninterrupted;

  • Error-free;

  • Completely secure;

  • Free of technical problems; or

  • Available at all times.

Information on the website is provided for general informational purposes.

Nothing in these Terms excludes warranties, guarantees, consumer protections, or statutory rights that cannot legally be excluded.

Where applicable law provides mandatory guarantees regarding the quality, conformity, durability, fitness, or safety of goods, those rights remain unaffected.

Section 18 — Limitation of Liability

To the fullest extent permitted by applicable law, Birchelle and its respective affiliates, employees, contractors, service providers, agents, licensors, and partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from your use of the Services or purchase of products.

This may include, where permitted by law:

  • Loss of profits;

  • Loss of revenue;

  • Loss of savings;

  • Loss of data; or

  • Other consequential losses.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing in these Terms limits mandatory consumer rights or liability that cannot legally be excluded under applicable law.

Section 19 — Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Birchelle, Shopify, and our respective affiliates, directors, officers, employees, contractors, agents, licensors, and service providers from third-party claims arising from:

  • Your material breach of these Terms;

  • Your unlawful use of the Services;

  • Your infringement of another person's rights; or

  • Your violation of applicable law.

This provision does not apply to the extent that a claim results from our own unlawful conduct or where such indemnification cannot legally be required.

Section 20 — Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The unenforceable portion will be treated as severed from these Terms without affecting the validity of the remaining provisions.

Section 21 — Waiver and Entire Agreement

If we do not immediately exercise or enforce a right under these Terms, that does not mean we waive that right.

These Terms, together with policies incorporated by reference, including our:

  • Privacy Policy;

  • Returns & Refund Policy;

  • Shipping Policy; and

  • Other applicable store policies,

constitute the agreement governing your use of the Services.

If there is a conflict between these Terms and mandatory applicable consumer law, the mandatory law will prevail.

Section 22 — Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent may lawfully be required.

Birchelle may assign or transfer its rights and obligations in connection with a restructuring, merger, acquisition, sale, or transfer of its business, subject to applicable law.

Section 23 — Governing Law

These Terms and your use of the Services will be governed by the laws applicable in the jurisdiction in which Birchelle is legally established and headquartered, except where mandatory consumer protection laws in your country of residence provide otherwise.

Nothing in these Terms deprives a consumer of protections granted by mandatory laws that apply to them.

Before publishing, insert Birchelle's applicable legal jurisdiction here once the business registration structure is finalised.

Section 24 — International Consumer Rights

Birchelle sells products to customers in multiple countries.

Consumer protection, product conformity, cancellation, refund, withdrawal, and warranty rights may differ depending on where you live.

If applicable law provides you with mandatory rights that cannot legally be excluded or restricted, those rights take precedence over any conflicting provision in these Terms.

European Union customers may also have statutory withdrawal rights for eligible online purchases, as explained in our Returns & Refund Policy.

Section 25 — Changes to These Terms

You can review the most current version of these Terms of Service on this page.

We may update or replace these Terms from time to time to reflect changes to:

  • Our Services;

  • Our business;

  • Legal requirements;

  • Technology;

  • Shopify functionality; or

  • Our policies.

Where required by law, we will provide notice of material changes.

Changes will take effect on the date stated in the updated Terms.

Your continued use of the Services after an updated version becomes effective constitutes acceptance to the extent permitted by applicable law.

Section 26 — Headings

Section headings are provided for convenience and organisation only.

They do not affect the interpretation of these Terms.

Section 27 — Contact Information

Questions about these Terms of Service can be sent to:

Birchelle
Email: hello@birchelle.com
Website: www.birchelle.com

Please contact hello@birchelle.com if you have any questions regarding these Terms.

Birchelle