Terms and Conditions
The Terms and Conditions of Purchase
The following terms and conditions regulate the business relationship between You (You or Your) and Eco Essence Group PTY LTD t/a Eco Sustainable House (ABN 16 141 022 371) (Eco Sustainable House) for the purchase of goods and/or services through Eco Sustainable House’s website.
Any purchase of goods and/or services, acceptance of our quotation or payment of any invoices by You from Eco Sustainable House shall be regulated by the terms and conditions outlined in this agreement.
In these terms and conditions:
Agreement means these terms and conditions.
Carrier means any person or business used by Eco Sustainable House to deliver goods and/or services from Eco Sustainable House to You, whether all or part of the distance of the delivery.
Goods means any goods offered for sale by Eco Sustainable House.
Services means any services offered for sale by Eco Sustainable House.
Website means this website or any other website through which Eco Sustainable House offers for sale the Goods and/or Services.
Written Material means any informational material published by Eco Sustainable House in any medium from time to time with a view to providing information to any customer or prospective customer of Eco Sustainable House.
2. Our contract with You
2.1 Eco Sustainable House shall accept orders placed by electronic transmission through the Website subject to the terms of this Agreement.
2.2 Before an order is placed Eco Sustainable House will display on the screen a quote confirming the details of Your order including the price of the Goods and/or Services.
2.3 Eco Sustainable House will notify You by email or phone if any Good is unavailable and offer an alternative item, estimated lead time or a full refund.
2.4 Subject to clause 2.6, receipt of full payment of Your order by Eco Sustainable House is evidence of a binding and enforceable agreement between You and Eco Sustainable House, and this Agreement can only be modified by written agreement between You and Eco Sustainable House.
2.5 If applicable, any Goods ordered by You from Eco Sustainable House are at Your own risk from the moment they are picked up by a Carrier to be delivered to You. For the avoidance of any doubt, this means that You assume all costs and risks of loss and/or damage to the Goods from the point in time when the Goods are loaded onto the mode of delivery of the Carrier and up until the point in time when the Goods are delivered to You and are in Your possession. Eco Sustainable House will retain title of the Goods until it has received payment in full for the Goods.
2.6 All clerical errors are subject to correction and will not bind Eco Sustainable House.
3. Price and Payment
3.1 The price of any and all Goods contained in any Written Material of Eco Sustainable House is subject to change from time to time at the sole discretion of Eco Sustainable House. All our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax).
3.2 Full payment of an order must be made and received by Eco Sustainable House before the Goods will be provided and/or delivered to You.
3.3 Eco Sustainable House agrees to pay banking charges by the receiving bank on payments to Eco Sustainable House. All other charges relating to the payment of an order in a currency other than Australian Dollars will be borne by You.
3.4 You shall pay all sums due to Eco Sustainable House under this Agreement by the means specified without any set-off, deduction or counterclaim.
3.5 You represent and warrant that if You are purchasing something from Eco Sustainable House that (i) any credit card information You supply is true, correct and complete, (ii) You have express authority from the card holder to use this credit card, (iii) charges incurred by You will be honored by Your credit card company, and (iv) You will pay the charges incurred by You at the posted prices, including any delivery fees and applicable taxes.
3.6 When purchasing from Eco Sustainable House, Your financial details are passed through a secure server using the latest industry standard SSL (secure sockets layer) encryption technology. If You have any questions regarding our security policy, please contact Eco Sustainable House using the details in Clause 16.
4. Information You give Eco Sustainable House
4.1 You agree that You have provided, and will continue to provide, accurate, up to date and complete information about Yourself to Eco Sustainable House to enable Eco Sustainable House to provide You with the Goods and/or Services ordered.
4.2 Eco Sustainable House agrees to use reasonable endeavors to respond to any point of dissatisfaction by You in relation to any Goods and/or Services purchased.
5.1 Where applicable, deliveries will be made by the Carrier to the address stipulated in Your order. You must ensure that someone is present to accept delivery of Your order.
5.2 We will deliver to most addresses within Australia, but DO NOT deliver to International locations. We require a street address for delivery. All deliveries are made 8:30am to 5.00pm Monday to Friday by a Eco Sustainable House chosen carrier. For orders placed before 4.00pm on a weekday, please allow from the confirmation of dispatch:
- 2-5 working days for delivery to a capital city in any State;
- 5-10 working days for delivery to most large regional towns; and
- 7-14 working days for delivery to other remote locations.
Please note that these delivery times are estimates only, and actual delivery times may vary depending on chosen carrier, product ordered, order quantity and stock on hand quantities.
5.3 If Eco Sustainable House is unable to deliver Your Goods for whatever reason within 30 days of the date of Your order, Eco Sustainable House shall notify You to arrange another date for delivery.
5.4 If the Goods ordered are not available to be delivered all at once, Eco Sustainable House may, at its discretion and on its selected terms and conditions, deliver the Goods ordered in installments. You must ensure that someone is present to accept delivery of each installment of Your order.
5.5 For Your security, deliveries do require a signature on receipt. Delivery should be to an address where someone is available to receive and sign for the Goods during business hours. In the event no one is available to receive delivery, a card shall be left advising the package is collectable at the nearest Courier or Australia Post depot.
If the Carrier is unable to deliver the Goods because there is no authorised person to receive them, access cannot be gained, or for any other reason, the Carrier may without notice return the Goods to the Customer at the Customer's expense or store the Goods and that return of, or Storage of Goods will be deemed to constitute delivery and any responsibility that the Carrier has in respect of the Goods will cease and the Customer will be liable to reimburse the Carrier for any additional Carriage and/or Storage costs incurred.
5.6. Should You wish for deliveries to be left without signature (i.e. front door etc). This should be noted on Your order comments and we shall be pleased to oblige. Eco Sustainable House shall assume no responsibility for any damage, lost or missing deliveries in this situation.
6. Shipping and Handling Costs
6.1 Our shipping and handling varies for each individual product and is determined by the type, size and quantity of products selected in Your order. We encourage our customers to acknowledge that each order can have different shipping and handling costs that are shaped by the above circumstances.
6.2 All estimated shipping and handling costs for Your order made with Eco Sustainable House are to be paid upfront and in full at time of order. In the event that the shipping and handling costs increase due to the Carrier’s services and shipping route an invoice will be issued to You for payment.
The Customer agrees and authorises the Carrier at its discretion and at any time without notice to the Customer to:
(a) Use any route, means of transport or Storage whatsoever.
(b) Proceed by any route from the Place of Receipt whether or not such route is the nearest or most direct or customary route.
(c) Comply with any directions or recommendations given by any statutory authority.
(d) Adopt any specialist Carriage which may require the use of other services to ensure the safety of others and to comply with all statutory requirements.
(e) Vary the Carriage for which a quotation or estimate has been given
7. Cancellation of order and Return of Goods and/or Services
7.1 Once Eco Sustainable House has received full payment of Your order, then subject to Your statutory rights under the Australian Consumer Law, You have no right and are unable to cancel, refund and/or modify Your order. Eco Sustainable House does not offer refunds simply in the event You change Your mind or make a wrong decision.
7.2 Notwithstanding clause 7.1, Eco Sustainable House agrees to replace any Goods purchased from Eco Sustainable House that have been wrongly described or do not otherwise meet the consumer guarantees contained in the Australian Consumer Law. You agree to contact Eco Sustainable House promptly after becoming aware of this. Should this occur, Eco Sustainable House may request proof of this alleged fault and/or defect as a condition of any refund.
7.3 Should You wish to make a claim relating to your product for (1) damaged in transport or (2) incorrect Goods received, this must be done within 24 hours of receiving your Goods by email. After confirming claims when receiving the returned Goods at our warehouse, we shall then promptly (a) re-supply the item(s) or (b) credit or refund the relevant invoice appropriately. Importantly it is always the customers responsibility to review the Goods received prior to their opening. Goods received, even in the event of incorrect supply, shall only be accepted back for re-supply or credit, if the Goods are unopened, undamaged & in their original condition.
8.1 Eco Sustainable House may at any time and without any advance notice to You or any other person make improvements or changes to its Written Material or to any of the Goods.
8.2 You may have statutory rights under the Australian Consumer Law that do not permit Eco Sustainable House to limit its liability to You in relation to any Goods it may supply to You. However, to the fullest extent permitted by law, in circumstances where Eco Sustainable House is able to limit its liability, the maximum liability of Eco Sustainable House for breach of those statutory rights is limited at Eco Sustainable House’s option to:
(a) replacement of the Goods or the supply of equivalent Goods;
(b) the repair of the Goods; or
(c) the payment of the cost of replacing the Goods or acquiring equivalent Goods, or having the Goods repaired;
8.3 In all other circumstances, and to the fullest extent permitted by law, Eco Sustainable House’s liability for a breach of this Agreement or any claim or loss (whether arising in negligence or otherwise) incurred or suffered by You in relation to, or arising out of, Your purchase of Goods through the Website, is limited to the amount of the transaction that gave rise to the loss or claim.
8.4 Except as expressly set out in this Agreement, and to the fullest extent permitted by law, in no event will Eco Sustainable House be liable to You for any special, consequential or indirect losses, any loss of profits, loss of opportunity, loss of data, loss of goodwill or loss arising from business interruption, whether in contract, negligence or otherwise, which You suffer or incur as a result of, or in connection with, any conduct or omission by Eco Sustainable House, or Your use of the Website, the purchase of any Goods and their use.
You indemnify and hold Eco Sustainable House harmless in respect of any and all loss or damage suffered by Eco Sustainable House, and any claims or demands that may arise against Eco Sustainable House relating to or in connection with Your wrongful or negligent use of any Goods purchased from Eco Sustainable House using the Website.
If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of these terms and conditions shall remain in full force and effect.
11. No Waiver
The failure by Eco Sustainable House to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of Eco Sustainable House in respect of any existing or subsequent breach of this Agreement.
12. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between You and Eco Sustainable House, then You agree to attempt to settle the dispute by engaging in good faith with Eco Sustainable House in a process of mediation before commencing any arbitration or litigation.
13. Force majeure
Eco Sustainable House is not liable and is hereby released by You from any claim, liability or responsibility pursuant to this Agreement concerning any failure by Eco Sustainable House to perform any obligation under this Agreement where such a failure is due to strike, lock-out, riot, industrial action, fire, storm, tempest, act of God, material shortage, mechanical failure, government law or regulation or requirement or any other cause beyond the control of Eco Sustainable House and no such failure shall entitle You to terminate this Agreement.
14. Entire agreement
This Agreement constitutes the entire agreement between You and Eco Sustainable House for the purchase of the Goods and/or Services using the Website and/or Customer Service Showroom, and they replace all prior or contemporaneous undertakings or agreements, written or oral, regarding such purchase.
Any variation to this Agreement shall be effective only if accepted in writing by Eco Sustainable House.
16. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland.
17. Customer Service
You can contact Eco Sustainable House by calling 07 56 770 838 between 8:30am and 4pm EST Monday to Thursday and 8:30am and 3pm EST Friday, or by sending an email to firstname.lastname@example.org