Terms and Conditions
About These Terms and Conditions
In these Terms and Conditions “we” and “us” refers to Earthlink Handcrafts of Caboolture, Qld 4510, and “you” means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australian Sales Only
Earthlink Handcrafts only sells and ships products within Australia. We are not able to make deliveries outside of Australia.
Legal Capacity to Transact
If you are under the age of eighteen (18) years you cannot place orders with Earthlink Handcrafts.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Earthlink Handcrafts suffer any damage or other losses as a result of a transaction entered into by a minor, Earthlink Handcrafts reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Earthlink Handcrafts .
Placing Your Order
You may place an order with us by filling in the Order Form on the Earthlink Handcrafts Web Site and clicking the “Check Out” button.
When you place your order, we will issue you and an Order Number. We will do this by email.
By placing an order with us, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. Information contained on the Earthlink Handcrafts Web Site constitutes an invitation to treat. No information on our Web Site constitutes or should be deemed as an offer by us to supply any products, however Earthlink Handcrafts will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email.
However, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Earthlink Handcrafts and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received, we will contact you by email or telephone.
Payment Methods and Processing
Earthlink Handcrafts currently accepts credit card and debit card orders through its account with PayPal as a payment method for any goods purchased on this site. All credit card information is collected by PayPal on their Web Site. Earthlink Handcrafts also accepts direct deposit into our account with Suncorp and Earthlink Handcrafts also accepts COD Educational Facility Australian accounts only.
Payment by Direct Deposit into our account with Suncorp does not occur immediately and make take up to three days for the payment to appear in our account.
Payments via PayPal may be received immediately but orders will only be shipped Monday to Friday – public holidays excluded.
All orders placed with this Web Site will take a minimum of 7 to 10 working days to reach you.
Business days are Monday to Friday but do not include Queensland public holidays.
For credit card, debit card and direct deposit payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
Please Note: we cannot accept part-payments or laybys.
Earthlink Handcrafts purchases include GST unless otherwise stated on a Product listing.
Earthlink Handcrafts reserves the right to change prices for Products displayed on this Web Site at any time.
Supply of Your Order
All items displayed for sale on this Web Site were in stock at the time you placed your order.
Delivery of Your Order
Delivery time takes up to 10 working days from the date your payment is received.
Earthlink Handcrafts makes every effort to deliver your order according to the estimated delivery times provided by Australia Post. The estimated delivery times are in business days (Monday to Friday) and do not include public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated shipping times may change due to circumstances beyond our control. If you order has not arrived after 10 working days have elapsed, please contact us.
We will deliver your order to the address you indicated on your order form. If no-one is available to take delivery of your order, our carrier (Australia Post) will leave a notice advising you on where you can collect your order.
We will use our reasonable efforts to deliver your Product(s) to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Right title and interest as well as risk of loss to all items in your order will pass to you on delivery.
If it becomes necessary to issue a refund that refund will be made via PayPal if the original payment was made via credit card or debit card and, if the original payment was made by Direct Deposit the refund will be made to the bank account that the payment came from.
Your Rights to Return A Product
No refunds, credit or replacements are offered if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order. Items returned because they are faulty will be replaced and a refund will only be given if we are unable to replace the items that has been returned.
Before you return a product please contact us by email or phone to advise us of the problem that you are experiencing with the product.
Products That Do Not Work on Arrival
An Earthlink Handcrafts product that shows symptoms of a failure or is discovered to be broken when first taken from its packaging is considered to be not working on arrival.
An Earthlink Handcrafts staff member will provisionally confirm whether the product is working upon arrival and where a product is provisionally determined as not working on arrival we will arrange to replace the product.
Refunds will only be offered where a replacement product cannot be provided.
Where Earthlink Handcrafts has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Earthlink Handcrafts.
If the product is deemed by Earthlink Handcrafts to be working on arrival Earthlink Handcrafts may in its absolute discretion refuse to replace the product or offer you a refund for the product.
When a Product is replaced, your replacement product becomes your property and the returned product that was not working on arrival becomes the property of Earthlink Handcrafts.
When a refund is given the returned product becomes the property of Earthlink Handcrafts.
Problems With Products After Delivery
If your Product is stops working after delivery and the product is covered by a manufacturer’s warranty you should contact the manufacturer direct.
If your product is not covered by a manufacturer’s warranty and it is not working when it arrives or you find a defect arises after delivery and a valid claim is received by Earthlink Handcrafts within 30 days of deliver Earthlink Handcrafts will exchange the product where possible, or refund you the purchase price of the product. Should you contact us outside the 30-day period Earthlink Handcrafts will consider each claim on a case by case basis on its merits.
Where Earthlink Handcrafts agrees to replace the product, or refund you the purchase price of the product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent back after 30 days from despatch.
Earthlink Handcrafts will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with the same Warranty as the returned Product.
Organising The Return Of Products That Do Not Work
Items that do not work on arrival must be returned whenever we agree to replace the Product or provide you with a refund.
When A Replacement Product Is Arranged
When a replacement Product is arranged:
- A replacement for the same Product that you ordered will be shipped to you at the expense of Earthlink Handcrafts after Earthlink Handcrafts has received your returned Product
• The delivery time for the replacement Product will be the same as stated for the original Product you ordered.
• Replacement Products are provided with the same Limited Warranty as the original Product.
When a Refund Is Arranged
- Refunds include all shipping and associated costs for the Product that was not working on arrival.
• No refund will be given to you until Earthlink Handcrafts has received the original Product back from you.
• Refunds will be issued by credit issued through Stripe if you used your credit card or debit card to pay for the item or a deposit back into the bank account that the payment came from if you paid via Direct Deposit
Products With A Manufacturer Only Warranty
Some products sold through Earthlink Handcrafts are serviced and supported exclusively by their manufacturer in accordance with the warranty information provided with the Product.
For items advertised and sold with a manufacturer’s warranty we would ask you to contact the manufacturer in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply Earthlink Handcrafts will replace the item or issue a refund of the purchase price for that item.
Earthlink Handcrafts will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
The maximum liability of Earthlink Handcrafts for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data – Use and Protection
Please refer to the Privacy Statement on this Web Site.
Credit Card Fraud
Earthlink will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Earthlink Handcrafts. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in Earthlink Handcrafts for breach of such conditions and warranties (other than a condition or warranty implied by Section 69 of the Act) shall be limited, at the option of Earthlink Handcrafts , to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Earthlink Handcrafts reserves the right t6o change the Terms and Conditions of sale at any time.
No Earthlink Handcrafts employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Earthlink Handcrafts shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Earthlink Handcrafts and Earthlink Handcrafts shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the non-exclusive jurisdiction of the courts of Queensland.