Terms and Conditions
TERMS AND CONDITIONS
These Terms and Conditions set out the terms of the agreement between you and Eden Living. By using our website or purchasing products from us, you agree to be bound by these Terms and Conditions (Terms).
In these Terms:
“Eden Living” means Sand Dollar Pty Ltd ACN 105 576 145 trading as Eden Living of 67 Redland Bay Road, Capalaba, Queensland;
“Order” means an offer made by you to purchase the products subject to these Terms in response to an invitation to treat made by Eden Living via the website;
“store” means the Eden Living store located at 67 Redland Bay Road, Capalaba, Queensland;
“us”, “our” or “we” means Eden Living;
“you” means anyone who uses our website or purchases products from us; and
“website” means edenliving.online owned and operated by Eden Living.
- Website Information
- Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, we reserve the right to correct any errors. We will not be liable for any inaccuracies, errors or omissions in our website content.
- You agree that Eden Living cannot be held responsible for any inaccuracy or errors caused by incorrect information supplied to Eden Living or by manufacturers of suppliers changing product specifications without notice to Eden Living.
- Product measurements as shown on the website might be modified or vary slightly.
- Photographs are for illustrative purposes only. Reproduction of colours is as accurate as possible, please note colours in-store may vary slightly from what is displayed on the website.
- Some items which appear on this website are for illustrative purposes only and will not be available for purchase.
- We may change or add to this website (including these Terms) or the information, products and services without notice.
- Linked Websites
- Links to third party sites are inserted for convenience. Eden Living makes no representation or warranty regarding the content of these sites, and no responsibility is taken for the consequences of viewing and relying on the content from those websites. The provision of a link to a third party site should not be construed as implying any relationship or endorsement of the site, its content or its owners.
- Eden Living is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking material within this website to such material on other sites.
- Intellectual Property
- No content may be copied, distributed, transmitted, reproduced, republished, uploaded, modified, archived, sampled, posted in any way, in whole or in part, without the express prior written authorisation of Eden Living.
- Eden Living excludes all implied conditions and warranties with respect to this website and its content except to the extent that such an exclusion would contravene any applicable law.
- Eden Living disclaims all responsibility and all liability (including without limitation, liability in negligence) for any expense, damage, cost or loss (including incidental, special or consequential loss) you might incur as a result of your use of this website or its content, including as a result of transmission of a computer virus.
Terms and Conditions of Sale
- Once your Order has been received by us, we accept your offer to purchase the products in accordance with these Terms, and an agreement is formed between us and you.
- You will receive an email from us as soon as practicable after you have confirmed and paid for your Order.
- You acknowledge that to the extent permitted by law, Eden Living is not liable you in any way for any loss or damage howsoever caused, arising directly or indirectly in connection with the electronic transmission of your Order or any failure by us to receive that Order.
- Once you have placed your Order, it cannot be cancelled or revoked by you unless expressly provided for in these Terms. We recommend that you carefully review any proposed orders before proceeding with your Order. Refunds are not normally provided when you have simply changed your mind, made a wrong selection or simply found the products cheaper elsewhere.
- Eden Living may for any reason reject any Order placed by you, including for any error in the advertised price or description of the product. Products on this website might sell out and become unavailable or out of stock. Any representations about availability of any product is accurate to the last known stock level and is subject to change.
- If we are unable to supply a product for any reason, we will notify you by telephone or email as soon as possible.
- Prices shown on the website are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges and are subject to change.
- Any products shown on the website that do not have a price beside the image are not offered for sale including any accessories shown in any image of products.
- All payments (including any applicable delivery charges) must be received by us prior to delivery of or collection by you of the products.
- Subject to clause 4.6, you agree to pay for all delivery charges as calculated and listed on the Order confirmation at the time of purchase.
- Payments made be made by Master Card, Visa or direct deposit, subject to any terms and conditions of these providers.
- When you complete your Order, you may be prompted on whether you wish to collect your products from our store or delivery.
- If you select to collect the products from our store, we will contact you by telephone or email to notify you when your Order is available for collection. You must then collect your Order within 5 days. If you fail to do so, we have the right to cancel your Order.
- Whilst we will endeavour to deliver your Order as quickly as possible, we may not hold all products in stock and these may be required to be ordered by us from the manufacturer. You acknowledge and agree that it may take up to 3 weeks for the products to be delivered to you or be ready for collection from our store from the date you placed the Order. Delivery times may be greater for regional or remote areas. You will be notified of the estimated delivery or collection date as soon as reasonably practicable after you place your Order.
- It is your responsibility to notify us of any change of address, email address or phone details.
- The delivery address must be an address within Australia. Deliveries cannot be made to PO Boxes.
- If the delivery address is in an area that we are unable to provide a delivery cost calculation to you on our website, we will provide a specific delivery quotation to you. In the event you do you not agree to the delivery quotation, we will cancel your Order and provide you with a refund.
- Eden Living is not liable you in any way for any loss or damage howsoever caused, arising directly or indirectly in connection with any delay of the delivery of your Order. Eden Living will not accept any responsibility for delivery failures or delay by our third party delivery contractor.
- We will arrange for your Order to be delivered to the front entry of your delivery address only. If on arrival the delivery contractor deems it too difficult to deliver your Order, you may be liable for any extra charges including the cost of arranging additional assistance or redelivery fees.
- Our delivery contractor will contact you to advise you of the estimated delivery date. Where you have agreed a day of delivery with us or our delivery contractor, and you are not available, or unwilling to accept the products, you agree to pay for any costs incurred by us including return shipping and re-delivery charges.
- Title and risk in the products pass to you on delivery or collection of the products from our store (as the case may be).
- Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if products fail to be of acceptable quality and the failure does not amount to a major failure.
- We recommend you immediately inspect your products on delivery or as soon as reasonably practicable after collection from our store to ensure that you satisfied with the products including that they are of acceptable quality.
If any products arrived damaged, please contact us as soon as possible and provide pictures of the damage, and we will arrange for the products to be returned to us. All damaged goods must be returned in the condition received by you with all original packaging, accessories and/or manuals. We will arrange for a replacement of the products or if that is not possible, refund the price to you.
- Products must be returned within a reasonable time. If products cannot be easily returned to us because of their size, or fault please contact us and we may arrange an inspection to assess the product. We reserve the right to determine in our absolute discretion whether the products are damaged or faulty and you acknowledge and agree that we may seek reimbursement from you of any costs incurred by us when the product is found to be without fault, or we have assessed the products to have been damaged by misuse or accident, or your rights under the Australian Consumer Law or manufacturer’s warranty to do apply.
- Where we consider the products to have breached a consumer guarantee, we will arrange and pay for any shipping costs to return the products to us.
- Any products returned to us for repair, will be assessed and/or repaired within a reasonable time. We reserve the right not to repair any product and to either provide you with a replacement product or a refund.
- We are not obliged to provide you with a refund for your Order if you simply change your mind.
- If we cancel your Order due to your failure to collect your products from our store in accordance with clause 4.2, we will provide you with a partial refund, being the price you paid less a cancellation fee of $100 + GST.
- Refunds will normally be processed within 7 days of receipt.
Without limiting or excluding any rights you may have under the Competition and Consumer Act 2010 (Cth), you will at all times indemnify and keep indemnified Eden Living, including its directors, officers, employees and agents, from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of or in connection with your conduct or breach of these Terms.
- We may amend these Terms at any time without notice to you.
- Any provision of these Terms which is void or unenforceable may be severed without affecting the enforceability of other provisions.
- Failure by us to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision.
- We may send promotional material to you about our products. If you do not want wish for us to contact you, you can unsubscribe online upon receipt of an electronic communication.
- These Terms will be governed by the laws of Queensland, Australia and you irrevocably submit to the non- exclusive jurisdiction of the Courts of Queensland.
Eden Living are committed to respecting your privacy. By visiting our website, you are accepting and consenting to the practices described in our Privacy Statement.
Enquiries regarding these Terms should be directed to: email@example.com