Website Terms and Conditions
1 User Agreement
(a) By using the earth-child.com.au website and any of its associated services and functionality (the “Website”), you agree to be bound by these terms and conditions (“Agreement”) as amended from time to time. Please read this Agreement carefully before using the Website.
(b) This Agreement is formed between you and Earth Child (“Earth Child”, “we”, “our” and “us”).
(c) Anyone who uses the Website is referred to in this Agreement as “you” and “your”.
(d) If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
(e) We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time in its sole discretion. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to any changes.
(f) At our sole discretion, we may also impose limits on certain features and services or restrict your access to parts or all of the Website either temporarily or permanently without prior notice or liability to you or any third party.
2 Earth Child Purchases
(a) It is possible to purchase products from Earth Child via our guest checkout.
(b) In order to process your purchase, you will be required to provide us with personal information, such as your name, mailing address, email address and phone number. You must ensure that this information is accurate and current.
3 User Representations
(a) In order to make any purchases via the Website, you represent and warrant that:
(i) you are at least eighteen (18) years of age;
(ii) you possess the legal right and ability to enter into a legally binding agreement with us; and
(iii) you will use the Website in accordance with this Agreement.
(b) It is your responsibility to ascertain and obey all applicable local, state, federal and international law (including minimum age requirements) in regard to the possession, use and sale of any products purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
To the extent permitted by law (including the Australian Consumer Law), Earth Child reserves the right, without obligation or liability to you or any third party, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:
(a) restrict, suspend or terminate your access to all or any part of the Website (including your
account) temporarily or permanently;
(b) establish general rules concerning use of the Website.
5 Your Use of the Website
(a) You agree to use the Website only for purposes that are permitted by:
(i) this Agreement;
(ii) any applicable law or regulations; and/or
(iii) generally accepted practice or guidelines
(b) You are prohibited from violating or attempting to violate the security of the Website, including without limitation by:
(i) accessing data not intended for your use or logging onto a server or an account which you are not authorised to access;
(ii) accessing any part of the Website by any means other than through the interface provided by us or from an access point (and we will not be responsible in any way for access from outside this interface or access point);
(iii) engaging in any activity that interferes with, disrupts or attempts to interfere with or disrupt the Website or the servers and networks that host the Website;
(iv) interfering or attempting to interfere with security-related features of the Website of features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
(v) using, copying, or distributing content except as permitted by this Agreement, by law or with our prior written consent.
(c) You understand and agree that any violations of system or network security or fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities and may result in civil or criminal liability. Earth Child will investigate occurrences that may involve such violations or activity and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations or activity.
6 Information on the Website
(a) Information about products is based on material provided by suppliers and product manufacturers.
(b) To the extent permitted by law (including the Australian Consumer Law), you acknowledge that any reliance on information contained on the Website shall be at your own risk. We reserve the right to correct any errors or omissions in any portion of the Website.
(c) You understand and agree that except as required by law (including the Australian Consumer Law), Earth Child will not be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
(d) You agree to make your own enquiries to verify information provided and to assess the suitability of products before you order the products.
(e) Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website.
7 Order Process
(a) The inclusion of any products on the Website at a particular time does not imply or warrant that these products will be available at any time. We reserve the right to notify you that products for which you placed orders have become unavailable.
(b) Products displayed on the Website do not constitute an offer to sell. It is an invitation for an offer from you only.
(c) Orders placed by you are offers to purchase particular products in accordance with the terms and conditions in this Agreement at the price specified (plus delivery and other charges).
(d) To the extent permitted by law (including the Australian Consumer Law), we reserve the right to accept or reject your offer for any reason (or no reason), including without limitation the unavailability of any product, limitations on quantities available for purchase, an error in the price or product description, problems identified by our credit department, or an error in your order.
(e) You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, then you must go through the normal returns process outlined in clause 14.
(f) In the event that we cancel or are unable to fulfil your order (including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received. Except as required by law (including the Australian Consumer Law), we will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price (including delivery and other charges).
(g) In the case of an out of stock product, we will contact you via email or phone, notifying you of a delay in the shipment of the order and your order options.
8 Price, Payment and Use of Discount/Coupon Codes
(a) The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
(b) Prices are current at the time of display but are subject to change without notice.
(c) All payments must be received in full prior to dispatch. Payment options will be provided at the point of purchase.
(d) If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product against your order. In such instances we do not guarantee that the product will be available should you try to order it again.
(e) Where offered by Earth Child, and unless otherwise specified, a discount/coupon code may only be redeemed once per household for orders, and may not be used in conjunction with any other discounts. Unless otherwise specified, only one discount/coupon code may be used per order.
9 Title and Risk
(a) We retain ownership of products you order until payment is received in full for those products together with delivery and any other applicable charges.
(b) Risk in the products you order, such as loss or damage, passes to you upon delivery.
10 Supply and Delivery of Products
(a) Subject to your provision of full payment and compliance with this Agreement, we will supply the products shown on your order confirmation.
(b) Please read the Delivery section of the Website for delivery details.
(c) We will use our reasonable endeavours to meet stated timeframes for delivery. However, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you.
11 Packaging and Labelling
(a) We endeavour to depict products available for order using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
(b) Because of limited resources and space considerations on the Website we are not able to provide descriptions of product ingredients or nutritional information relating to products available for sale. We recommend that you read the labels and instructions on products you order carefully prior to consumption or other use and use products accordingly.
(c) Because some products are imported or originate from outside Australia, their packaging, ingredients and size may vary from the same or similar product available in Australia.
12 Change of Mind Returns
(a) Please order carefully as we do not refund or exchange simply because you changed your mind or you have made an error in finalising your order (such as choosing an incorrect product).
Except in circumstances where the product you received was not what you ordered or you are returning a product in accordance with your statutory rights under the Australian Consumer Law (described below), return postage is at your expense. If we allow a return in these circumstances, we will ask you to follow the returns process outlined in this Agreement and provide you with a refund only when we receive the returned product.
13 Your Statutory Rights – Repairs and Refunds
(a) The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides certain statutory guarantees in respect of the products we supply to you if those products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you. These statutory guarantees give you certain rights that we cannot exclude, restrict or modify, except in the limited circumstances set out in clause 13(i) below.
(b) As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a “major failure”, subject to the provisions of the Australian Consumer Law, you are entitled to return the good to Earth Child and receive a full refund or replacement (at your election). Alternatively, you may (at your election) choose to keep the good and recover from us the difference between the price you paid for the good and the value of the good.
(c) As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a “major failure”, subject to the provisions of the Australian Consumer Law, you are entitled to ask us to remedy the failure. We are entitled to choose how we remedy the failure, including by either:
(i) repairing the goods;
(ii) replacing the goods; or
(iii) providing a full refund including the delivery fee.
(d) The statutory guarantees referred to in this clause may not apply to all products sold on the Website. You accept and acknowledge that the provisions of the Australian Consumer Law will determine:
(i) which products are covered by such statutory guarantees; and
(ii) our liability to you for any failure of a good to meet a statutory guarantee (except where Earth Child has expressly chosen to limits its liability as permitted by the Australian Consumer Law as provided for in clause 13(i) below).
(e) The statutory guarantees are in addition to any rights you may have under any voluntary or express warranties offered by Earth Child or any other manufacturer or supplier of the products. Except as expressly set out in clause 13(i) below nothing in this Agreement excludes, restricts or modifies your rights under the Australian Consumer Law.
(f) Replacement products are subject to the same warranties as the original.
(g) You must notify us of the relevant fault or failure within a reasonable time of supply of the goods or the time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of the goods.
(h) Limitation of liability for statutory guarantees: Where the products we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election):
(i) in the case of goods:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; and
(ii) in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again. We cannot limit our liability in this way if you establish that it would not be fair or reasonable for us to do so.
14 Process for Returns and Refunds
Refer to Returns Policy
15 Disclaimer and Liability
(a) We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
(b) To the full extent permitted by applicable law (including the Australian Consumer Law):
(i) Earth Child makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, services or materials included on the Website; and
(ii) Earth Child disclaims all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. You acknowledge by your use of the Website that such use is at your sole risk. This disclaimer does not apply to any manufacturer’s warranty offered in relation to a product. This disclaimer constitutes an essential part of this Agreement.
16 Limitation of Liability
(a) Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or any other person for loss or damage of any kind or nature relating in any way to the Website, including without limitation loss or damage you or any other person might suffer as a result of:
(i) errors, mistakes or inaccuracies on the Website;
(ii) acting or not acting on any information contained on or referred to on the Website and/or any linked website;
(iii) personal injury or property damage of any nature resulting from your access to or use of the Website;
(iv) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(v) any interruption or cessation of transmission to or from the website;
(vi) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(vii) the quality of any product or service of any linked website.
(b) We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products and services.
(c) Except as required by law (including the Australian Consumer Law), in no event shall we or any of our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers be liable to you or any other person for any loss or any special, incidental, indirect or consequential damages arising out of or in connection with our Website, the use or inability to use our Website or its contents, or this Agreement (however arising, including negligence), including without limitation damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if Earth Child has been advised of or should have known of the possibility of such damages. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers have no responsibility for
the legality of your actions
To the extent permitted by law (including the Australian Consumer Law), you will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
18 Intellectual Property
(a) We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
(b) Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
(c) You may not:
(i) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(ii) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website
(d) If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
19 Social Media
Tagging Earth Child on Social Media (including Facebook and Instagram), grants us (Earth Child) to utilise those images for marketing purposes. This may include but not be limited to re-posting those images.
20 Privacy and Personal Information
You may choose not to provide certain information, but then you may not be able to purchase products, open or hold an account with us or take advantage of the features we offer.
consequences for you if we do not collect this information, and how you can access and correct your personal information or complain about a breach of privacy law.
21 Health Information
Sometimes information about the identity and nature of products you purchase may constitute health information or you may choose to disclose health information as part of your participation in product review forums, discussion groups, bulletin boards, chat rooms or messaging or other interactive services. If you share individually identifiable health information, it is not shared with third parties. However, information you may share in a public forum is considered public information if you choose to share it.
22 Transfer and Assignment
You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third party:
(a) we shall be permitted without giving notice or seeking prior consent from you to disclose the personal information and other data that we have collected from you to the third party; and
(b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.
(a) This Agreement constitutes the entire agreement between Earth Child and you with respect to your use of the Website.
(b) We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
(c) This Agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.
(d) If for any reason a court of competent jurisdiction finds any part of this Agreement to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
(e) If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.