Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
The Company “Ourselves”, “We” and "Us", refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Credit/Debit Cards and Paypal are acceptable methods of payment. Our Terms are payment in full upon purchase. All goods remain the property of the Company until paid for in full.
Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a charge to cover any subsequent administrative expenses.
Currently we are not able to give refunds or exchanges if you simply change your mind about a product you have purchased once you receive it from us. If you place an order with us and then change your mind before it has been dispatched to you however, we can offer you a full refund less a cancellation fee, according to the following conditions (if we have already dispatched your order and you then inform us of your wish to cancel your order, this option does not apply) If paying by credit card, we will offer a full refund of the order total (including any postage you may have paid when placing your order with us) less a 10% order cancellation fee. This refund will be made directly onto the payment card used to make the purchase.
If the goods you receive from us are faulty however, we offer you either a full refund or exchange. In the instance that we are unable to dispatch an order to you within the timeframe stated when placing your order and you then decide to cancel your order as a result, the cancellation fee will not apply.
In the case of a full refund for faulty goods, the full product purchase price (excluding any postage you may have paid when placing your order with us) will be refunded directly onto the payment card used to make the purchase if the payment was made using a credit card. If payment was made via cheque or bank transfer, the refund will be made by cheque or bank transfer accordingly.
In the case of an exchange, a replacement product will be sent to you within 14 days of receipt of your faulty product. In both instances, you are responsible for the postage cost incurred when returning the faulty product to us, however in the instance of an exchange, we will pay the postage cost when sending the replacement product to you. All products believed to have a fault must be returned to us within 14 days of notifying us of the fault. Upon receipt of the returned product we will assess its condition before authorising a refund or exchange.
Please note that while we take the utmost care in packaging your product, we are not liable for any breakages or damage that occurs to your product during shipping. If you are requesting an item to be shipped overseas (i.e. outside Australia) it is your responsibility to check with your local customs service if there is any doubt regarding the importation of a particular product to your country of domicile. We do not offer refunds or replacements as a result of local customs seizing your products.
When returning a faulty product to us, please provide a contact name and phone number/email address we can use to contact you in the event of a query with your product. Please note that at this stage we are only able to contact you by phone if you are within Australia. If you are returning a product from overseas, please provide us with a contact email address to use instead. Please also indicate clearly the reason for returning the product to us, whether you would prefer a full refund or exchange, and include your original tax invoice/receipt.
In the case of an exchange we will generate a new tax invoice/receipt and return this to you with your original tax invoice/receipt when sending the replacement product to you.
In the case of a full refund, we will generate a refund invoice/receipt and return this to you by post with your original tax invoice/receipt.
In some instances it may not be possible to offer you a replacement product if the product is out of stock or discontinued. In this instance you will be entitled to a full refund instead (excluding any postage you may have paid when placing your order with us).
Unless otherwise stated, the products featured on this website are available World Wide. All advertising is intended solely for the Australian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site; to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and products and the full content of this website.
We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Earthgifts Pty Ltd is a registered company in Queensland, Australia. The company registered address is: 19 Dornoch Terrace, West End, Queensland, Australia Phone: Daryl 0413255192
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Australia govern these terms and conditions. By accessing this website and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.