Terms and Conditions.
Earth Digital Pty Ltd
ABN 35 630 689 440
DEFINITIONS: Throughout these conditions:
“We or us” means BrineShrimp.com.au
“Customer” means any person or entity who purchases or orders for purchase any goods from BrineShrimp.com.au
PAYMENT: All purchases from BrineShrimp.com.au are on a cash basis via electronic transfer prior to delivery unless otherwise agreed in advance of sale.
The customer agrees that the goods provided by BrineShrimp.com.au have been purchased for the purpose for which they are intended.
DELIVERY & RISK:
1.1 BrineShrimp.com.au will deliver the goods to an agreed carrier at which time property of the goods passes to the customer, and after which carriage and delivery of the goods is at the total risk of the customer and it is the customer’s responsibility to affect any desired insurance in respect of that risk.
1.2 BrineShrimp.com.au may (but are not bound to do so) arrange insurance on behalf of the customer at the customer’s request, in which case:
1.2.1 Any such insurance will be in the name of the customer
1.2.2 All premiums and charges will be payable by the customer
1.2.3 BrineShrimp.com.au will not be liable for any of the terms or exclusions or any limitation of coverage in respect of any such insurance and do not undertake to or represent that we have any special knowledge or expertise in the area of insurance.
1.2.4 Should any claim on the insurance policy be necessary, BrineShrimp.com.au will have no involvement or responsibility in respect of such claim and all dealings will be between the customer and the insurer.
1.3 BrineShrimp.com.au use Australia Post and Sendle as our shipping carrier, We always use the Registered Post or Sendle with Tracking for our goods.
REPLACEMENT GUARANTEE: No return of goods are accepted. However, at our complete discretion BrineShrimp.com.au may accept Replacement Guarantee goods provided strictly that THREE CONDITIONS ARE MET IN FULL:
2.1 CONDITION ONE: BrineShrimp.com.au have given our prior written consent via email and have issued a return notification form to the customer; and
2.2 CONDITION TWO: The customer acknowledges that they have a trial sample of 5g of eggs and if the customer is not completely satisfied the customer may return the remaining eggs for a replacement at the customer’s own delivery cost. For example, 30gm eggs > return minimum 25g for replacement | 75g eggs > return minimum 70g for replacement | 125g eggs > return minimum 120g for replacement.
2.3 CONDITION THREE: BrineShrimp.com.au have received the customer’s email notice that they are seeking a Replacement Guarantee consent approval within twenty one (21) days of placing the original order. Please send your request for a Replacement Guarantee to firstname.lastname@example.org Please note we strictly adhere to the date of order placement as noted on the BrineShrimp.com.au Australian Eastern Standard Times website.
2.3 Unfortunately BrineShrimp.com.au is unable to honour the Replacement Guarantee if either (i)the minimum weight is not met or (ii) the twenty one (21) days grace threshold since placing the order has elapsed.
DEFECTIVE RETURNS / REFUNDS: If the customer claims the goods are defective and seeks to return them:
3.1 The claim must be made within seven (7) days of delivery of the goods to the customers advised delivery address. Please email email@example.com
3.2 The claim must set out the nature of the defect claimed.
3.3 BrineShrimp.com.au will deal with the claim in accordance with these terms.
LIMITATION OF OUR LIABILITY AND INDEMNITY:
4.1 The customer accepts full responsibility for and indemnifies BrineShrimp.com.au against all claims in respect of any damage to property, injury to persons or any economic loss arising out of the use of the goods howsoever arising.
4.2 To the extent that it is permissible by law, all warranties in relation to quality, fitness for purpose, and/or correspondence with description and sample are expressly excluded from these conditions of sale, or from any representations or collateral arrangements relating to the sale.
4.3 In the case of a claim for defective goods which is accepted by us, our liability is strictly limited to (at our complete discretion):
4.3.1 Replacement of the defective goods; or
4.3.2 Refund of the original invoice amount.
4.4 Without limiting 4.1 above, no claims may be made, for defective goods or otherwise, if the goods supplied have been mixed with any other products or substances.
These conditions are agreed to be governed by the laws of New South Wales and the Courts of New South Wales are the appropriate forum for the resolution of any legal dispute, if it becomes necessary, regardless of: the origin of any goods supplied; the place where services are provided; or the place of business of the customer.