1  Our contract

• When you place an order on our website, you will receive an acknowledgement e-mail confirming receipt of your order: this email will constitute acceptance of your order. Only the goods listed in the confirmation e-mail will be included in the contract formed.

2  Pricing and availability

• Whilst we try and ensure that all details, descriptions 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 advertised, we will correct the error straight away.

3  Payment

• We use a third party payment gateway, Stripe, to take your payment. By placing your order, you also agree to Stripe’s terms and conditions of service.

4  Delivery of goods

• Non-delivery of goods must be reported to us as soon as possible.

4.1  Australia

• All standard orders in Australia are delivered without insurance or tracking.
• 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 our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
• For non-delivery of goods, please notify us by email as soon as possible.

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 3 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. We may not recognise a claim unless it is made in writing and received by us within 3 days after receipt of the goods by you.
• This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 6 below.

6  Refund policy

• For queries about returns and refunds or general questions please reach out to us at hey@wholesomeharry.com.au.
• Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. Where an item is to be refunded, you will ordinarily be responsible for paying shipping costs, which will be deducted from your refund.

7  Limitation on claims

• We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “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 prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
• We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
• Our liability for failure to comply with a consumer guarantee is limited to:
  • in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
  • in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
• Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
• In all other respects, our total liability for loss or damage of every kind, whether:
  • arising pursuant to the terms of service; or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.

Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, 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.

8  Warranty disclaimer

• To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

9  Intellectual property

The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.

10  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 passes to you upon delivery.

11  Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

12  Entire agreement

The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

13  Governing law

These terms of service are governed by the laws in force in Victoria. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.