Terms & Conditions of Sale
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
While we take every care to make sure our online store is accurate and up to date, we’re a small, family owned Australian business and from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been a Website error leading to your order, we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, or for a different product variation).
You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). We accept payments on the Website via PayPal and debit and credit card. We like to make it easy for you to shop with us online, so we may offer a variety of other ways of pay, such as electronic funds transfer into our nominated bank account, Stripe, Afterpay and any other method of payment, available on our Website from time to time.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor (such as PayPal or Afterpay), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
As an eCommerce store, we may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.
If you fail to pay us for an order, or if an insolvency event occurs in relation to you (for example, if you commit an act of bankruptcy or become insolvent), we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
We may from time to time offer gift cards for sale on our Website. Unless those gift cards are expressed to be subject to other terms and conditions, these conditions apply.
Gift cards are redeemable for products sold by us on our Website only and can be applied toward the cost of postage on any order.
Gift cards can be redeemed for twelve (12) months from the date of purchase and will expire after this date.
Gift cards are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
As part of our promotion of the Glass on the Grass™ products, we may offer discounts now and then. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).
Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).
Unless we specify otherwise in our offer, discounts are available on full priced goods only and aren’t available on purchases made using gift cards or store credit.
We reserve the right to revoke any discount offer at any time without notice.
We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.
Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order.
You’ll need an account on our Website to receive and redeem store credit. If you don’t already have an account on the Website, you’ll need to create one prior to store credit being provided.
Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.
Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
Postage and Delivery
We post products within Australia and to select international countries and regions. We will list countries or regions we ship to on our Website, however if you don’t see your country, please contact us to find out if we can ship to you.
Please note that products posted internationally may be subject to additional postage costs, as well as taxes (such as customs or excise duty either at the point of delivery or after delivery), which you will need to pay. We don’t control customs or duties payable, so we ask that you take care to find out in advance what customs or duties you will be liable for before making a purchase. We can’t advise you whether duties will apply to your order or the amount of such duties – your local customs office will be the best source of information to help you understand the payments and process.
You agree to pay to us postage fees as calculated at checkout. As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs, or modifying your order).
From time to time, we may offer special deals or discounts on postage fees (for example, free shipping on orders within Australia over $100). You acknowledge and agree that the waiver of postage costs is within our absolute discretion and we are not obliged to provide such discount to you. We reserve the right to revoke any postage fee discount offer at any time without notice.
We’re product designers and retailers, not a postal service, so we use third party providers to help us get your order to you. In Australia, we ship our products with Australia Post or such other delivery service provider as we deem appropriate. For international deliveries, we use DHL or such other delivery service provider as we deem appropriate. Those providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
While we’ll do our best to dispatch orders within 48 hours of purchase, we ask for your patience as this handing period may vary, for example, if we have a high volume of orders. If you need your order by a certain time, please get in touch with us and we’ll do our very best to get it to you. In saying that, you acknowledge that we’re not be liable for any delay in dispatch of your order. Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider.
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch or deliver your order, you release us from any obligation to deliver your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete you order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If you’re concerned that your order had been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, we can elect to either supply another product of the same or similar value, or pass on to you any compensation we are able to recover from the third party postal service, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund or replacement of your order in accordance with this agreement.
Risk in each order passes to you on delivery to your nominated address. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address.
If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods.
Advice and Information
We may give you advice, recommendations, information or assistance in relation to the Glass on the Grass™ product, or its use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on such information. Please see our Glass on the Grass™ product disclaimer, also available on our Website, for more information.
Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Australian customers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. They 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.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude all liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
- replacement of the product;
- repair of the product;
- payment of the cost of having the product repaired; or
- such other fair and reasonable remedy as we are ready and willing to provide.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation), then we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise in accordance with our refund policy set out below.
Refund Policy and Procedure
We have a refund policy in addition to the rights stated in relation to the ACL above. Please note that it is supplementary, and doesn’t limit your rights under the ACL in any way.
If you’re unhappy with your order, we offer a 30-day money-back guarantee (calculated from the time of deemed delivery in accordance with this clause). For national orders, delivery will be deemed to have occurred seven (7) days after dispatch. For international orders, delivery will be deemed to have occurred fourteen (14) days after dispatch. To claim your refund, please email us at email@example.com with your order number, name, phone number and postal address within thirty (30) days of delivery. We will email you to let you know where to send the item. Once the item has been received unused and unwashed, intact, unaltered and in saleable condition with all original packaging, we will remit a refund to you. You will be responsible for the cost of returning the item and will not receive any reimbursement or refund of your postage costs.
If you receive a damaged or faulty item, please email us at firstname.lastname@example.org with your order number, name, phone number, postal address, a photograph of your item and a description of the damage or fault. We will email you to let you know where to send the item and a receipt for the postage costs. On receipt of the damaged or faulty item, together with your order number, name, phone number and postal address, and where we are satisfied of a legitimate claim, we will remit a refund to you, together with a refund of your postage costs. If we’re not satisfied that your claim is legitimate, we will contact you to discuss the matter and resolve the outstanding issues in accordance with these terms.
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
We love our satisfied customers to share their experiences with us and our product on social media and in their online networks. Please feel free to share your comments and photographs of you enjoying our service and product. All we ask is that you credit us properly on whatever platform you are using. If in doubt, get in touch with us to find out the best way to make sure you’re complying with this clause.
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in New South Wales and split the costs of that equally. If the dispute still isn’t resolve within thirty (30) days of the mediation, either party may ask the mediator to terminate the mediation.
Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).
Independent legal advice
You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood and agreed to be bound by these conditions, and that you consider the conditions fair and reasonable and not against public policy.
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the agreement will remain in force.
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
As we’re based in New South Wales, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales.