Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (‘Terms and Conditions’). You should read the Terms and Conditions. Your use of the website constitutes your agreement to the Terms and Conditions.
|1.||Ordering and Delivery|
|Any order that you place through this website is an offer by you to purchase the product, which becomes binding once Holistic Balance Melbourne accepts that order by written notice to you to such effect. Thereupon you will be bound by the Terms and Conditions in this website in relation to the purchase of products that you order.|
|1.1||The Ordering Process. Ordering through the Holistic Balance Melbourne site is easy. Just follow the simple steps outlined here:|
|Browse through the Holistic Balance Melbourne website and add items into your shopping barrow. Use the Checkout button to begin making payment. Enter your details into the checkout screen including a valid Australian postcode (for freight calculations). Verify your details are correct and select the required payment method. For Credit Card Sales: Choose this option, click on Pay Now!. You are taken to the Holistic Balance Melbourne secure bank credit card payment gateway where you select your card type, enter in your credit card details and continue. You are informed of any unsuccessful transactions and given the opportunity to attempt the payment again. Upon a successful credit card transaction, you can print out your Tax Invoice/Receipt for your records. For Printed Order Forms: Choose this option to make payment by cheque, money order, direct deposit, or non-internet based credit card payments. Print the order form and fill in the payment options, post, fax, or email the completed form to Holistic Balance Melbourne for processing. For Manual Freight Calculation Orders: This option is automatic should any items you have selected require a manual freight calculation. Holistic Balance Melbourne will email your order along with your address details and the freight will be calculated. You will be contacted manually with the cost of freight, and you can make payment arrangements at this point. Once your payment or order is completed, your shopping barrow can be emptied (in the case of a secure credit card payment, the shopping barrow is automatically cleared) and you can start the process again.|
|1.2||Goods currently not in stock. Placing an order does not guarantee the availability of goods ordered. In the event an item is out of stock, we will advise you accordingly and of the anticipated delivery time for such item.|
|1.3||Delivery. Delivery of products will be, for overseas destinations, FOB (Incoterms 2010) with designated delivery to the address specified in your order and, for Australian deliveries, Ex-Works (Incoterms 2010) our factory premises. We are committed to deliver to you ordered products on the scheduled delivery date. The risk of loss and/or damage to the products is transferred from us to you at the point of delivery and title to the products remains with is until all monies are paid in full.|
|2.||Price and Payment|
|2.1||Prices. All prices quoted are inclusive of GST unless specified otherwise. All prices are exclusive of duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty. We need to reserve the right to increase these prices and expect to be able to give you 30 days’ notice of any such price increase.|
|2.2||Payment Terms. Payments for all orders are to be made fully in advance. Holistic Balance Melbourne offers a number of payment options. These options are online payment by credit card, and a bank deposit through your bank or via electronic funds transfer.|
|3.||Customer’s intellectual property warranty and indemnity|
|3.1||You warrant that any drawings, sketches or photographs (Works) which you provide to us are your own original works and that you own a copyright in them or are otherwise licensed to provide them to us to use them as you have requested. You warrant that nothing in the Works contains material subject to third party intellectual property rights, unless you have permission from the owner and are legally entitled to grant us those licensed rights, and that our use of those Works will not infringe any third party intellectual property rights. You agree to fully indemnify and hold harmless us and our directors, employees and agents against all expenses, losses, claims, damages and costs (on a full indemnity basis) incurred by or awarded against us arising directly or indirectly out of any breach of these Terms and Conditions or howsoever arising, including any damage to a third party (including the infringement of a third party’s rights caused by your provision to us of Works) or to property.|
|4.||Warranty and Liability|
(a) Subject to clause (b), nothing in these Terms and Conditions excludes, restricts or modifies:
(i) the application of any consumer guarantee in the Australian Consumer Law (Consumer Guarantee) or any similar provision in the law of any State or Territory that cannot be excluded, restricted or modified (Similar Provision);
(ii) the exercise of any right conferred by a Consumer Guarantee or Similar Provision; or
(iii) our liability under any Consumer Guarantee or Similar Provision.
(b) Where permitted, and to the full extent permitted by law, our liability under any Consumer Guarantee or Similar Provision is limited, at our option, to: (i) in the case of goods, the repair or replacement of those goods, the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or acquiring equivalent goods; and
(ii) in the case of services, supplying those services again, or paying the cost of having the services supplied again.
to Section 4.1:
(a) the only
guarantee, warranty or condition provided in relation to any
products or services is any express warranty that we may provide;
(b) we disclaim and exclude all liability, including for all loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, wilful or negligent act or omission by you, your officers, employees, agents or contractors and for all indirect, incidental, special and consequential loss or damage, loss of profits or anticipated profits, loss of business opportunity, and loss of data, irrespective of whether we were previously notified of the possibility of the loss or damage; and.
(c) our maximum aggregate liability for all losses, damages and claims of whatsoever nature arising out of our supply of products, is limited to the sum of the amounts paid by you to us.
|4.3||Rust You acknowledge and accept that continued exposure of the product will continue the rusting process, and Holistic Balance Melbourne therefore disclaims and excludes any and all liability for any claim, loss or damages that may arise as a consequence of, or caused by, rust development, including any loss or damage to other property caused by rust developing in or on the product. You should refer to our Care Guide here.|
|4.4||Use of your design If we create a custom product pursuant to a design provided by, or on behalf of, you, we give no warranty or guarantee as to the suitability, performance or lawfulness of the design and any product created pursuant to the design. Our obligations are limited to creating the custom product in accordance with the specifications of the design.|
|5||Refund and Replacement Policy|
|5.1||If your goods are damaged in transit. You must inspect your goods before signing for them as your signature may void any shipping warranty that may exist. We carry transit insurance to protect our customers’ purchases but we cannot under any circumstance exchange or refund an item that you have signed for as your signature on the delivery paperwork means you are accepting the goods no matter what condition they arrive in. In order that we may address the matter with our transport supplier if need be, please take the time to check your items upon their arrival. If they are damaged, please take digital photos of the item and the damage and contact our Customer Care Team within 24 hours of the goods arriving.|
|5.2||If your goods have a manufacturer’s fault/flaw or damage. If you detect a manufacturer’s fault with your item during the reasonable life of the product, please notify us as soon as possible. In order to verify your claim, we may require you to provide photographic evidence of the fault or damage, so that we can assess the claim.|
|5.3||If the wrong item has been shipped to you. If a wrong item is shipped to you, contact Holistic Balance Melbourne as soon as possible to enable us to arrange for a replacement item to be shipped to you and for collection of the incorrect item. You will not incur any additional costs in this circumstance. Your replacement item will be shipped to you as quickly as possible within the normal delivery time frame for that item. You must not use or otherwise deal with the wrong item if you know, or ought reasonably to know, that it is the wrong item. If you do use it, you will be deemed to have accepted it as a suitable and accepted alternative or replacement to the item ordered.|
|6.1||No adverse construction. These Terms and Conditions will not to be construed to the disadvantage of Holistic Balance Melbourne because Holistic Balance Melbourne was responsible for their preparation.|
|6.2||No waiver. A failure, delay, relaxation or indulgence by a party in exercising any power or right conferred on the party by these Terms and Conditions does not operate as a waiver of the power or right.|
|6.3||No variation. These Terms and Conditions cannot be amended or varied except through a written instrument signed by Holistic Balance Melbourne and the customer.|
|6.4||Governing law and jurisdiction. This Agreement is governed by and must be construed in accordance with the laws in force in Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of all matters arising out of or relating to this Agreement, its performance or subject matter.|