Terms and Conditions of Purchase
The purchase of products via this Website (https://greendoorliving.com.au) is subject to the following terms, conditions and notices (Terms and Conditions). By ordering products via this Website, you are agreeing to be bound by the Terms and Conditions.
1 The contract
1.1 Forming our contract
When you place an order via this Website, you will receive an acknowledgement e-mail or SMS confirming receipt of your order; this email or SMS will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail or SMS that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail or SMS sent at the time of dispatch will be included in the contract formed.
1.2 Contract terms
The purchase of products via this Website is subject to:
(a) these Terms and Conditions;
(b) our Terms of Use (https://greendoorliving.com.au/pages/website-terms-of-use), which sets out the terms, conditions and notices for access and use of this Website;
(c) Refunds and Returns Policy (https://greendoorliving.com.au/pages/refunds-and-returns-policy), which sets out the circumstances in which refunds may be made and/or goods returned; and
(d) Privacy Policy (https://greendoorliving.com.au/pages/privacy-policy), which sets out how we will use your information.
2 The product you have ordered
2.1 Pricing and availability generally
Whilst we try and ensure that all details, descriptions, images, videos and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have purchased, we will correct the error straight away.
Delivery costs will be charged in addition. Such additional charges are clearly displayed where applicable and included in the “Total Cost”.
2.2 Natural crystals
If you have ordered a natural crystal, you are advised that such products have unique and individual characteristics. These individual characteristics, which may include minor chips, blemishes and fractures, are not flaws, but instead add to the beauty and individuality of these products.
3 Payment
Upon receiving your order, payment will be processed by the payment method you selected when placing the order. The monies received upon processing the payment will be treated as a deposit against the value of the products you have ordered. Once the products have been dispatched and you have been sent a confirmation e-mail or SMS, the deposit will be used as consideration for the value of the products purchased as listed in the confirmation e-mail or SMS.
4 Delivery of products
Non-delivery of goods must be reported to us as soon as possible.
At this time, we are only able to ship to Australian addresses. We may offer a variety of shipping options, including tracking and insurance. The products you order may impact the shipping options which are available.
While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by any event over which we have no control or which is out of our reasonable control or foresight, including but not limited to any delay caused by:
(a) the acts or omissions of delivery agents once your order is dispatched;
(b) an incorrect delivery address being provided to us.
5 Receipt of goods
You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements, then you must give notice to us within three (3) calendar days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim will be accepted unless made in writing and received by us within three (3) calendar days after receipt of the goods by you.
This clause does not exclude or limit consumer guarantees imposed under the Australian Consumer Law (refer to clause 7).
6 Refunds and returns
Please choose carefully before you buy because we do not give refunds or exchanges if you have simply changed your mind about buying the product.
You should refer to the Refunds and Returns Policy (https://greendoorliving.com.au/pages/refunds-and-returns-policy), which sets out the circumstances in which refunds may be made and/or goods returned.
7 Disclaimer of liability
7.1 Consumer rights
You may have consumer rights under legislation that applies to you, which cannot be excluded, limited or modified by these Terms and Conditions.
7.2 General disclaimer
To the maximum extent permitted by law, we exclude all guarantees, conditions or warranties implied by law or custom.
7.3 Exclusion of liability as to force majeure
We have no liability to the extent that our performance of the contract is prevented by force majeure.
Force majeure means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been avoided or mitigated by reasonable diligence or precautionary measures, including but not limited to forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
7.4 Exclusion of liability as to your acts or omission
We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
7.5 Exclusion of liability to as indirect or special loss or damage
To the maximum extent permitted by law, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these Terms and Conditions.
7.6 Limitation of liability as to goods
Our liability for failure to comply with a consumer guarantee is limited to the replacement of the goods or the supply of equivalent goods or the repayment of the costs of the replacement or supply. These Terms and Conditions do not exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
7.7 Limitation of liability in other cases
In all other respects, our total liability for loss or damage of every kind is limited to an amount equivalent to the sum paid by you to us for the goods.
7.8 Non-exclusion or limitation of liability
These Terms and Conditions do not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
8 Intellectual property
The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trademarks or other intellectual property) remain our property.
9 Title and risk
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods pass to you upon dispatch. This means that we do not accept liability for any damage or loss which may occur in respect of the goods once they have been dispatched to you.
10 Waiver
Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by us. If you breach these Terms and Conditions and we take no action, that will not constitute a waiver and we will still be entitled to exercise our rights.
11 Severability
If any clause or part of a clause of the Terms and Conditions is illegal, invalid or unenforceable (Offending Clause) in a jurisdiction (Offended Jurisdiction), then in that Offended Jurisdiction:
(a) where the Offending Clause can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the extent necessary to achieve that result; and
(b) in any other case, the Offending Clause must be severed from the Terms and Conditions and the Terms and Conditions operate as if the Offending Clause had not been included.
This section must be interpreted so that the legality, validity or enforceability of:
(c) in the case of the Offended Jurisdiction, the Terms and Conditions excluding the Offending Clause; and
(d) in any other jurisdiction, the whole Terms and Conditions,
will not be affected and remain in full force and effect.
12 Applicable law
The laws of Queensland apply to these Terms and Conditions. You agree to submit to the exclusive jurisdiction of the courts of Queensland.
13 Contact information
Green Door Living
ABN 21 199 566 332
Address: PO Box 2433, Chermside Centre QLD 4032
Phone: +61 435 377 241
Email: info@greendoorliving.com.au
14 Definitions
In these Terms and Conditions:
we, us or our means Green Door Living, our partners, directors, officers, employees or agents, as the case may be
you or your means the individual ordering goods and services via this Website.