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ONLINE STORE TERMS AND CONDITIONS

Last Updated: 1 June 2024

1. GENERAL

(a)  The Heatherbrae1854 website, located at https://www.heatherbrae1854.com/ (“Website”), is owned, controlled and operated by Heatherbrae1854 Pty Ltd (ACN: 669 659 161) (“Heatherbrae1854, we, our, and/or us”).

(b)  As a condition of purchasing any Products on our Website, you agree to the following terms and conditions (“Online Store Terms”) and to be legally bound by these Online Store Terms.

(c)  If you do not agree with the Online Store Terms, you should not purchase Products on our Website.

(d)  Heatherbrae1854 has the right to vary the Online Store Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Online Store Terms, and by purchasing any of our Products, you agree to be governed by the Online Store Terms as varied from time to time.

 

2. HEATHEBRAE1854 PRODUCTS AND AFFILIATE PARTNER PRODUCTS

(a)  “Products” means products offered for sale by Heatherbrae1854 on our Website.

(b)  Where Heatherbrae1854 promotes or otherwise refers to the goods or services of third parties (“Brands”) on our Website, this may be as part of a commercial affiliate relationship between Heatherbrae1854 and the relevant Brand (“Affiliate Partnership”).

(c)  Where Heatherbrae1854 has an Affiliate Partnership with a Brand, we may receive a commission or other benefit when you purchase goods or services from that Brand using an Affiliate Link or Affiliate Code.

(d)  You can read more about our Affiliate Partnerships here: https://www.heatherbrae1854.com/partners

(e)  “Affiliate Link” means a link on our Website that redirects you to a Brand’s website.

(f)  “Affiliate Code” means a code on our Website that can be used when purchasing goods or services from a Brand.

(g)  For the avoidance of doubt, all goods or services of these Brands:

(i)  are not the goods or services of Heatherbrae1854;

(ii)  are not considered ‘Products’ under these Online Store Terms; and

(iii)  are governed by the relevant Brands’ terms and conditions.

3. PRICING AND ORDERING

(a)  Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change Product and shipping pricing at our discretion and without notice.

(b)  Unless otherwise stated, all prices are in Australian Dollars. GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the order total for all shipments within Australia.

(c)  By placing an order via the Website (“Order”), you are offering to purchase the Products on and subject to these Online Store Terms.

(d)  While we try our best to fulfil all Orders, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant Products. If we cancel an Order, we will provide a full refund of all monies paid to us in relation to the cancelled Order.

(e)  To purchase Products via our Website, you must use a valid credit and debit card. We use third party payment processors to process payments and we do not collect or record any credit card details provided by you when making purchases via the Website. You are responsible for any credit card fees or surcharges that apply to your payment.

4. SALES AND DISCOUNT CODES

 

We may offer sales and discount codes (each a “Promotion”) from time to time, and you agree that:

(a) Promotions apply to full priced items only;

(b) Only one discount code can be used in connection with an Order;

(c) Discount codes cannot be used in conjunction with any other offer;

(d) Discount codes are not transferable;

(e) Discount codes must be used by the date specified (where applicable);

(f) Promotions cannot apply retrospectively to previous Orders; and

(g) We may change or cancel any Promotion at any time and without notice within our sole discretion.

5. SHIPPING AND DELIVERY

(a)  We aim to process and ship Orders within 5 days (dependant on stock levels) of the Order being placed.

(b)  When placing an Order, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you.

(c)  Any date or period of time given by us in relation to the processing and shipping of an Order (either in these Online Store Terms or otherwise) is intended as an estimate only and may be subject to change.

(d)  You agree that we are not responsible for any Loss suffered by you where an Order is not processed or delivered within the estimated time frame. However, as a courtesy, we will notify you via email if there are any significant processing or delivery delays in relation to your Order.

(e)  We ship within Australia.

(f)  Purchases are posted via Australia Post and other suitable delivery partners as determined by us from time to time. You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs will be outlined at the checkout prior to payment.

(g)  We kindly request that you inspect all Products on delivery to confirm they are what you ordered and do not have any faults or defects. If required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature. If you believe that your Order has been lost or damaged in transit, please contact anne@twocrownsmarketing.com.au.

6. TITLE AND RISK

(a)  Title in the Product(s) comprising an Order is retained by us and will not pass to you until full payment in cleared funds is received by us.

(b)  To the extent permitted by law, all risk of loss or damage to the Product(s) passes to you when the Order is delivered to you at your nominated delivery address.

7. AUSTRALIAN CONSUMER LAW

(a)  Our goods come with ‘consumer guarantees’ (“Consumer Guarantees”) as set out in Schedule 2 of the Competition and Consumer Act

2010 (Cth) (“Australian Consumer Law”) which cannot be excluded by these Online Store Terms.

(b)  Nothing in these Online Store Terms will override your rights as a consumer under the Australian Consumer Law, your Consumer

Guarantees or any other non-excludable rights you may have at law.

8. REFUND POLICY FOR CHANGE OF MIND

Subject to your rights under clause 7 above, we accept returns for ‘change or mind’ strictly on the following conditions:

(a)  to be eligible for a return, you must return the Product(s) within 7 days of the Products being delivered to you;

(b)  the item(s) to be returned must be unopened and unused;

(c)  the item(s) to be returned must be returned to us in the original packaging; and

(d)  you are responsible for paying all return shipping costs.

9. RETURNS POLICY FOR FAULTS AND INCORRECT PRODUCTS

(a)  If you believe any of the Products purchased on or through the Website are faulty, defective, have a problem or are not what you ordered, please notify us by email at anne@twocrownsmarketing.com.au (this is referred to as a “Fault Notice”) with the following information:

(i)  customer name;

(ii)  date of purchase;

(iii)  Product(s) being returned;

(iv)  reason for return;

(v)  photos of any fault or defect (if applicable); and

(vi)  the outcome you request.

(b)  So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within [14] days of the Products being delivered to you.

(c)  Upon receiving a Fault Notice, we will promptly assess and discuss all Fault Notices with you, and:

(i) where we agree there is an issue with your Product, we will ask you to return the Product to us and you will be entitled to receive a remedy listed below; and

(ii) where we are unable to determine whether there is an issue with your Product, we will ask you to return the Product to us for further assessment.

(d)  Where a Product is returned under clause 9 and the Product is not the Product ordered, you are entitled (at your election) to a replacement Product to the same value or a full refund and we will pay for return shipping costs.

(e)  Where a Product is returned under clause 9 and the Product has:

(i)  a minor problem (as defined in the Australian Consumer Law), we will at our election, repair, replace or refund the Products and pay for return shipping costs;

(ii)  a major problem (as defined in the Australian Consumer Law), we will at your election, repair, replace or refund the Products and pay for return shipping costs.

10. PERSONAL INFORMATION

(a)  We are committed to the transparent management of your personal information.

(b)  So that we can fulfil your Orders, we will need to collect certain personal information from you.

(c)  We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Notice.

11. PRODUCT DISCLAIMERS

Subject to clause 7, by purchasing any Products from our Website, you agree and acknowledge that the Products:

(a)  May not be suitable to your particular circumstances. You should make your own inquiries and seek relevant independent advice before using our Products, as well as acting on any information or material made available to you via the Website in relation to the Products or otherwise; and

(b)  May be subject to further usage requirements or instructions, as set out on the Products themselves, any instructions or manuals provided, on product packaging, or otherwise.

I1. INTELLECTUAL PROPERTY

(a)  Heatherbrae1854 is a trade mark of Heatherbrae1854 Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners.

(b)  We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content).

(c)  While you may browse or print the Content for non-commercial or personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.

12. LIMITATION OF LIABILITY

Subject to clause 7 of these Online Store Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:

(a)  your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from your use of or reliance on this Website (including all Content), however incurred;

(b)  Heatherbrae1854 does not make any representations, warranties or guarantees in relation to the supply of goods or services by Heatherbrae1854 via the Website; and

(c)  Heatherbrae1854 hereby disclaims all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website.

13. INDEMNITY

(a)  You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Online Store Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Online Store Terms.

(b)  We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.

(c)  Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim.

14. GOVERNING LAW

 

(a)  The Online Store Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Online Store Terms.

(b)  If any term of these Online Store Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.

(c)  This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

15. DEFINITIONS

(a)  Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

(b)  Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.

(c)  Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.

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