Terms of service
TERMS & CONDITIONS
Thank you for shopping with Heaven and Earth Eco Burial Products. We look forward to helping you celebrate the life of someone special to you. Your use of the Heaven and Earth Eco Burial Products website (our Website) and any order you place for items featured on our Website (Items) each tell us that you have agreed to these Terms and Conditions (Terms) which form a legally binding agreement between Heaven and Earth Eco Burial Products (ABN 15 298 375 483) (we, us, our, or Heaven and Earth Eco Burial Products) and you. If you do not agree with the Terms, you should not use the Website or purchase any Items.
You must provide complete and accurate personal details at the time of making your purchase. Please take care to enter the correct delivery address and delivery instructions at the time of placing your order. If you enter delivery information incorrectly, we may not be able to alter it and/or we may need to charge you additional administrative and shipping fees. Please email us immediately if you realise that you have entered incorrect delivery information after submitting your order so that we can sort it out for you.
All prices displayed on the Website are in Australian dollars and subject to change without notice. Prices are exclusive of GST and GST may be payable in addition to the price displayed. There may be international transaction fees and credit card fees depending on your location and payment method which you are responsible for paying. Our prices do not include insurance or any secondary attempts to deliver Items to you which, if applicable will be charged to you and payment will be required in full prior to delivery.
We accept payment via the payment methods included on our Website. Payment providers may have their own terms and conditions which apply in addition to ours. It
is your responsibility to familiarise yourself with them. In paying or attempting to pay for Items, you agree that you have not engaged in any fraudulent conduct or broken any law. After you make payment for your order, you will receive a transaction confirmation email which confirms receipt of your order. Your order is not binding on us until you receive this confirmation email. If we do not receive cleared funds within 48 hours of you submitting your order, we will email you at the email address nominated in your order to communicate about your payment. We may choose to cancel your order.
All of our items are handmade and will therefore have natural variations. The descriptions on our Website are indicative. Descriptions of Items are subject to change at any time without notice. We reserve the right to discontinue any Item at any time.
Whilst we make every reasonable effort to display the Items as accurately as possible, the colours and images of the Items as they appear on our Website may vary from how they appear in person. We cannot guarantee that your device will display any colours and images accurately.
We do not make any promises that any specific products will be available or accept any liability if they are not available or are delayed for any reason. We may replace products with like products in our discretion. Our liability to you for any incorrect listings is limited to amending or withdrawing that Item once we are made aware of it.
We make a number of personalised Items where we will ask you for your preferences about how they are made. For example, we may send you templates of the Items to ask you the preferred location of embroidery. You understand that this is open to interpretation by our embroiderers and that there may be some variation from what you have in your mind. We encourage you to provide as much detail as you can to reduce the interpretation risk.
Shipping will be either via Pack and Send or our network of couriers which we use at our discretion. We cannot guarantee delivery times. However, you should contact us if you have not received your delivery within the following timeframes:
– Standard shipping: between seven (7) and ten (10) days of us notifying you that your order has been shipped; and
– Express shipping: between one (1) and three (3) days of us notifying you that your order has been shipped.
There may be times where shipping will take a little longer (for example, during peak shipping times such as Christmas or in the case of delivery interruptions). If we receive
notification of a delay, we will notify you as soon as practicable. If you have not received your Items within our suggested timeframes, please email us with your full name and order number, and we will investigate on your behalf.
CANCELLATION OF ORDERS
We reserve the right to refuse service to anyone at any time without being obliged to provide a reason. If we need to cancel your order, we will contact you and arrange a refund of the money you have paid. If for any reason we are unable to provide you with the Items subject to your order, we may cancel your order or part of your order. We will contact you should this occur. You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (including without limitation, special, direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation. You are not permitted to cancel an order once it has been placed, unless we agree in writing.
If there is no one at the delivery address and no arrangements have been made for someone to accept delivery, the Items may be left at the delivery address, whether or not you have instructed us to do so, or we may return the Item to a depot and either try to deliver again later or require that it be collected from a depot. Risk in the Items passes to you when it is left at the delivery address or collected from a depot. You may also choose to have the Items delivered to a Pack and Send store in which case you agree to collect it within 3 days of being advised it has arrived unless we have made other arrangements in writing with you.
DAMAGED, LOST OR INCOMPLETE ORDER
Should your order be damaged, lost or incomplete, please email us within 7 days so that we may assist you.
We may source some Items from third parties and in such instances, we do not take responsibility for their manufacture or any errors or defects. Any such issues will need to be addressed directly with the original supplier. We will provide you with the details needed for you to contact the right person.
Some Items may contain warnings or directions for their use. It is your responsibility to read all product labels, warnings and directions and to ensure that they are suitable for your use. We do not purport to be medical experts, or make any guarantees that the products are safe or recommended for any particular use except what we put in writing to you.
The laws governing burial and cremation are strict and there can be fines for failures to follow them. It is your responsibility to inform yourself about and comply with burial and cremation laws and regulations in your jurisdiction. We do not make any claims as to the legal uses to which the Items may be put and that they will comply with the laws in your jurisdiction.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Items and products and services delivered to you through the Website are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, due care and skill, fitness for a particular purpose, durability, title, and non-infringement except to the extent that those warranties cannot be excluded under law.
We do not warrant that the quality of any Items, services, information, purchased or obtained via our Website will meet your expectations, or that any errors will be corrected. In this section:
a) Heaven and Earth Eco Burial Products includes its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors.
b) Loss includes injury, loss, claim, emotional distress, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise and whether such Loss is alleged or suffered by you or a third party.
To the maximum extent permissible by law:
c) without limitation, you release Heaven and Earth Eco Burial Products from any responsibility or liability in respect of any Loss arising from any delays, failure or negligence in relation to the delivery of the Items or services;
d) Heaven and Earth Eco Burial Products’ liability to you is limited to the amounts you have paid us or the cost of having the Items or services provided again, whichever is higher;
e) Heaven and Earth Eco Burial Products will not be liable for any delay or failure to perform our obligations if such delay is due to any circumstances beyond our reasonable control;
f) Heaven and Earth Eco Burial Products are not liable for any Loss arising from any delays or failure in relation to delivery of the Items or services, your use of the Website or any products, services or information procured using the Website, or for any other claim related in any way to your use of the Website or any services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, or otherwise made available via the Website, even if we are made aware of their possibility; and
g) You agree to release, indemnify, defend and hold harmless Heaven and Earth Eco Burial Products from any claim or demand, including reasonable legal fees:
a. where made against you by any third party;
b. arising out of your breach of these Terms or the documents they incorporate by reference; and/or
c. arising out of your breach of any law or the rights of a third party.
REFUNDS AND REPLACEMENTS
Due to the nature of the Items we sell, we cannot offer a refund or replacement if you change your mind. In the event that you believe that you are entitled to a refund or replacement under the Australian Consumer Law, please email us within 7 days of receiving your Items and provide us with:
– your full name and address;
– the order number; and
– the reason for claiming the refund or replacement.
We may ask you to return the Item(s) to us or to a location we direct so that they may be inspected. In this case, we suggest that you use tracked shipping. We reserve the
right to assess the condition of a returned Item prior to offering a refund or replacement.
We will not be able to offer you a refund or replacement if you have modified any product, or used any product contrary to user instructions or packaging labels. You may be entitled to a refund equal to the cost of the affected Item(s). All replacements will be a new version of the same Item. In some instances, we may agree to offer you an exchange for another item of similar value. Some payment providers will not refund their service charges in which case the amount you receive in refund may be slightly less than what you paid due to their terms and conditions. The value of a returned item is determined by the amount paid by you. If you are exchanging for a new Item, the value of the new Item is determined by the online listed price at the time your exchange is processed. Exchanges are subject to availability. If another Item is not available at the time, you will receive a refund or online credit in our absolute discretion.
USE OF SITE
You may not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained in our Website. Without limitation this means that you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of our Website. We cannot guarantee that your use of our Website will be uninterrupted, timely, secure or error-free. There are instances where we may need to remove the Website for indefinite periods of time without notice to you. We reserve the right to limit sales of Items to specific geographical areas. By using our Website, you represent to us that you are purchasing the Items for your personal use. We reserve the right to limit the quantities of Items that one person may purchase, including via separate orders. Email us if you have any enquiries about obtaining the Items for commercial use. If you have already obtained our permission to obtain the Items for commercial use, the Additional Terms for Commercial Buyers apply to you.
You may not use the Website or any Items for any illegal or unauthorised purpose.
If you have a dispute with us, the matter will be referred to the Australian Commercial Disputes Centre to be resolved in accordance with their guidelines which are incorporated into these Terms by reference. You agree to attend mediation before resorting to instituting any legal or court proceedings. The costs of mediation will be shared equally between us. Time is of the essence in resolving disputes with us. This clause shall not prevent either party from seeking urgent, injunctive relief.
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an order are those that govern that order.
You may not assign, transfer or delegate this agreement or its rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at our sole discretion. If we do so, we will post notice on the Website.
The laws of Victoria, Australia govern these Terms. Where the Australian Consumer Law is applicable to your use of the Website or purchase of Items, our policies are to be read subject to that law, with any modifications as set out in our policies which are not made contrary to that law. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
Any notices that need to be given to you will be sent to the email address registered when you placed your order. You can give us notices using our contact methods listed on our Website.
Please email us if you have any questions about these Terms. Terms and Conditions last updated 2 May 2021.
ADDITIONAL TERMS FOR COMMERCIAL BUYERS
Where these additional terms (Additional Terms) conflict with the above Terms, these Additional Terms shall prevail to the extent of any inconsistency.
You covenant with us that you will not directly or indirectly, in any capacity, carry on, advise, invest, or be concerned or interested in any business involved in business operations competitive with us at any time after you place an order for our Items whether on your own behalf or for a third party.
In the course of your dealings with us, you may receive confidential information such as pricing information, strategies, projects, plans, research and development, intellectual property, discoveries, ideas, concepts, know-how, business secrets, techniques, designs, specifications, drawings, blueprints, tracings, diagrams, models, samples, flow charts, code, data, computer programs, disks, diskettes, tapes, patents, patent applications and copyrighted materials. You undertake to treat such confidential information with care and not use it for any purpose apart from your dealings with us and specifically agree (without limitation):
(a) not to give our confidential information to any person apart from what is required to fulfil your dealings with us;
(b) not to use the confidential information to compete with us; and (c) not to provide confidential information to our competitors.
ALTERNATIVE ORDER METHODS
We may accept alternative order methods from commercial buyers such as by email, order form, or by telephone. All other Terms apply to those orders with such modifications as are necessary to acknowledge the varied ordering method.
If you do not pay your invoice on time, unfortunately we will be required to pass on interest at 10% annually plus any legal fees and debt collector fees we incur in relation to the overdue invoice.
Additional Terms last updated 2 May 2021.