In these Terms:
- ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Christmas Cut-Off means the date specified by Wild Earth Eco for placing Orders for Products to be delivered prior to Christmas day.
- Customer or you means any person or entity who purchases Products from Us.
- Force Majeure Event means any event or circumstance beyond the reasonable control of the effected party which results in or causes the failure of that party to perform any of its obligations under these Terms.
- Free Delivery Threshold means the minimum Order value to be eligible for free delivery as varied from time to time and communicated during the checkout process or otherwise on this Site.
- GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Liabilities means all direct and/or indirect liability for: costs; damages; losses; claims, causes of action, accidents; injuries; deaths and expenses including but not limited to legal fees.
- Orders means Products Ordered by a Customer from Wild Earth Eco.
- Products means each good or service that is advertised on the Site.
- Promotional Code means a code offered to Customers to access promotions and discounts though the Site.
- Site means wildeartheco.com.
- Terms means these terms and conditions of trade, as amended from time to time.
- Warranty means any warranty documents provided with a Product.
- Wild Earth Eco or us or we means Wild Earth Eco ABN 31 498 993 380.
- These Terms apply to all Orders for the supply of Products by Wild Earth Eco to a Customer.
- Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site and prior to placing any Order.
- Your access to and use of the Site, including your Order of Products through the Site, is subject to these Terms.
- These Terms also apply to the sale of any Products via methods other than the Site, including sales by telephone, in person or other means, unless otherwise agreed in writing.
- These Terms are governed by the laws of Australia.
CHANGES TO THESE TERMS
- If you have an Order that has been accepted by us, the Terms that will apply to that Order are the Terms that applied at the time you placed your Order. We cannot vary the Terms which apply to a given Order after that Order is accepted.
- Subject to clause 3.1, we may change these Terms at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these Terms have been modified, you agree to be bound by the changes to these Terms.
- MAILING LIST
- The prices of Products do not include delivery or any other charges, taxes, duty or excises.
- All prices and amounts displayed on this Site are current at the time of issue, however, we reserve the right to change prices at any time including before we accept an Order from you.
- All prices shown on this Site are in Australian Dollars (AUD).
- We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):
- the purchase price of each Product that is Ordered;
- the delivery fee for delivering the Products to you; and
- any other fees and charges set out in these Terms.
- All fees and charges identified in these Terms and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated).
- Payments for Products must be made via the methods specified in this Site.
- If paying by credit card, you authorize us to debit the nominated card for an amount equivalent to the price of the Products together with any delivery charges or other applicable fees or charges.
- Orders will not be dispatched until such time as the payment for the Products has cleared. Where payment is rejected, we may cancel your Order.
- We may offer Promotional Codes from time to time.
- Eligible Customers may redeem a Promotional Code in the ‘Discount’ section of the shopping cart in this Site by clicking ‘Apply’. If the Promotional Code is valid and not expired, the discount will be deducted from the Price of the applicable Products.
- Promotional Codes cannot be entered subsequently to an Order being placed.
- Promotional Codes are non-transferrable, for personal use only and are valid for one use unless otherwise stated.
- Gift certificates are not exchangeable and cannot be redeemed for cash. Once expired, gift cards will not be valid.
- You may Order Products by selecting and submitting your Order through the Site in accordance with these Terms and the instructions contained on the Site.
- Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.
- We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.
- You agree to provide us with current, complete and accurate details when asked to do so by the Site.
- You acknowledge and agree that we will provide your Order, including your contact details and Delivery Address, to our third party couriers for them to deliver your Order to you.
- RESTRICTED PRODUCTS
The Customer acknowledges that it is against the law to sell or supply alcohol to, or obtain alcohol products on behalf of, a person under the age of 18 years. The Customer warrants that they are 18 years and over and not obtaining alcohol on behalf of a person under 18 years.
ACCEPTANCE OR REJECTION OF AN ORDER
- We reserve the right to accept or reject your Order for any reason, including (without limitation) if a requested Product is not available, if there is an error in the price or the product description posted on the Site or in your Order.
- If we reject an Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
CANCELLING AN ORDER (BY US)
- Prior to the dispatch of an Order, we may cancel all or any part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation if:
- the requested Products in that Order are not available or where the Order is unavailable due to a Force Majeure Event;
- there is an error in the price or the product description posted on the Site or in any other sales platform in relation to the relevant Product in that Order;
- we consider that the postage price selected in the checkout does not match the applicable price for the delivery address;
- your Order weight exceeds the maximum postal delivery weight (in which case we will contact you to make alternative arrangements where possible); or
- that Order has been placed in breach of these Terms.
- If we cancel your Order, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order if you are not at fault or in breach of these Terms.
- In the event that a Product is unavailable, we may substitute substantially similar Products or equal or greater value.
CANCELLING AN ORDER (BY YOU)
- Orders may not be cancelled once submitted via this Site or via any other method of sale. Should you wish to correct your delivery address or contact details prior to the Order being dispatched, please contact us and we will endeavor to assist you.
- If we agree to cancel an Order prior to delivery at our discretion, we will provide a refund of the price paid less our out of pocket expenses.
Risk of loss or damage to the Products passes to the Customer upon the Products leaving our premises, whether or not delivery is arranged by us.
- Delivery is offered within Australia only.
- Whilst we make every effort to ensure you receive your Order promptly, delivery times may vary and estimated arrival times are an estimate only.
- We aim to dispatch your Order within 72 hours for Orders placed during business hours on weekdays. Orders placed on weekends or public holidays will be dispatched within 72 hours of the next business day.
- Orders placed after the Christmas Cut-Off may not be received by the recipient prior to Christmas day.
- Free delivery is offered for Orders which exceed the Free Delivery Threshold. Flat rate shipping is applied to all Orders below the Free Delivery Threshold.
USING OUR SITE
- You agree that:
- all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
- the person receiving the Products at the delivery address is authorised by you to do so;
- you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us;
- you are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
- you will check the labels on the Products before consumption or use.
- You must not:
- use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
- make fraudulent or speculative enquiries, purchases or requests through the Site;
- use another person’s details without their permission or impersonate another person when using the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
- reformat or frame any portion of the web pages that are part of the Site;
- create accounts by automated means or under false or fraudulent pretences;
- use the Site other than in accordance with these Terms; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
WARRANTY AND LIABILITY
- To the extent permitted by the ACL and any other law, any Warranty included with any Product is a warranty which is claimable by the Customer against the manufacturer of the Product only.
- Where we are permitted by law (and subject to clause 16.7):
- we do not warrant or represent the suitability of the Site or a Product for any purpose; and
- we will not be liable to you for any Liabilities, indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Site or the Product.
- To the extent permitted by the ACL any other law, our liability in connection with this agreement and the Products is limited to the price of the Products.
- To the extent permitted by the ACL any other law, you release and indemnify us in respect of all claims and losses in connection with this agreement or the Products, unless caused by our gross negligence.
- Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
- In the event there is a fault with your Product, we will provide you with a remedy in accordance with the ACL. No returns are accepted for change of mind.
- Nothing in these Terms is intended to exclude, restrict or modify rights which the Customer may have under the ACL or any other Law. If any provision of these Terms is invalid under the ACL or any other Law, that provision is enforceable to the extent that it is not invalid or failing that, such provision is severed from these Terms leaving the remaining Terms to have full force and effect.
- A waiver of a right under these Terms by us will not prevent any other exercise of that right or any other right.
The information contained in this Site is provided in good faith on an "as is" basis. We do not represent or warrant to the reliability, accuracy or completeness of the information contained on this Site. To the extent permitted by law, we are not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information in this Site.
- INTELLECTUAL PROPERTY
All intellectual property of Wild Earth Eco is the sole property of us.
- We do not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
- You are responsible for scanning any information for viruses.