Terms and Conditions

 

TERMS AND CONDITIONS

In these Terms and Conditions “we” and “us” mean The PachaMama Project  ABN 62 403 240 864, the Website Owner, and “you” or “client” means you the customer or site visitor. Terms and Conditions, Terms, and Terms of Service may be used interchangeably. Please read the Terms and Conditions carefully before placing any orders on www.thepachamamaproject.com.au.

These Terms and Conditions together with your order constitute an agreement between you and These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The PachaMama Project and the entire contract between us and you for the supply of products. No other Terms and Conditions will apply. The contract may not be altered unless agreed to by us in writing via email. By using this website you acknowledge that you have read and understood these terms and conditions and agree to bound by the Terms and Conditions of this agreement.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

DEFINED TERMS

"Conditions" means these Conditions and any agreed written variations.

"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.

"Goods" means Goods described in an Order.

"Intellectual Property Rights" includes all rights in respect of copyright, trademarks, designs, protection of confidential information, and any other intellectual or industrial property rights whether arising under statute or otherwise.

"Order" means an order by you to purchase Goods from The PachaMama Project.

“Custom Order” means an Order placed for Goods otherwise unavailable on the Website.

"Service(s)" means various levels of services, assistance and or facilitation provided by The PachaMama Project.

"Product List" means the list of Goods displayed on www.thepachamamaproject for sale, as amended from time to time.

"Shipping" means the fee payable to The PachaMama Project in respect of delivery of the Goods and handling costs associated with processing your Order as advised by The PachaMama Project from time to time.

"Terms and Conditions" mean these terms and conditions.

"Business Day" means a day on which banks are open for business in Melbourne, Australia.

"Website" means www.thepachamamaproject.com.au.

“Force Majeur” means a party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement under such circumstances. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimise delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event deemed force majeure.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Please direct all enquiries for online purchases to smiles@thepachamamaproject.com.au.

 

 

SECTION 3 – PRICE OF GOODS

All prices on our site are displayed in Australian dollars (AUD) and will be charged in Australian dollars. The price you shall pay for the Goods at the price specified on the Product List at time that Goods are confirmed as ordered. You also agree to pay the delivery and handling fee (when applicable) in respect of each Product Ordered and all taxes, including goods and services tax, which The PachaMama Project is required to collect from you. All prices are subject to variation without notice. The price payable for the Goods shall be the price applicable on the date the Goods are confirmed as ordered.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – ORDERS, STOCK AND PRODUCTS

Our products are handmade with the highest craftsmanship and quality, but please note that due to the uniqueness of our products being handmade, there may be slight variations between the colour and style of the product photo listed and the product which you receive.

From time to time, The PachaMama Project online store may be closed for taking Orders (e.g. we are travelling to discover new artisans). In which case, it will be made known on the Website and we will endeavour to return to ‘business as usual’ as soon as possible. If a product is out of stock and you wish to purchase that product, you may contact us to custom order a product. Custom orders are fulfilled at the discretion on The PachaMama Project. Due to the way in which our products are manufactured, we offer no guarantee that your desired product shall be available for order or purchase, nor that ‘out of stock’ products will be replaced.

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – METHOD OF PAYMENT

Payment for the Goods must be made at the time of placing your Order. We currently only accept payment by PayPal, whereby you will be redirected to sign or register within PayPal. We do not accept payments made using credit card on the Website. This may change in the near future. The PachaMama Project’s does not accept cash or cheque payment for the Goods purchased in any way.

 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 8 – SHIPPING AND DELIVERY

We currently only take orders for items paid for, shipped and delivered in Australia, European Union countries and New Zealand. We are aiming to include more countries for international orders in the near future. Please allow up to eight (8) business days for delivery within Australian metropolitan regions, up to ten (10) days for delivery in regional Australia, up to fifteen (15) days for delivery to New Zealand, and up to fifteen (15) days for delivery to European Union countries. Custom orders may take longer. 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, or by an event of force majeure including such events that we have no control over, or any event which is out of our reasonable control or foresight, including but not limited, those defined above and to any delay caused by an incorrect delivery address being provided to us.

SECTION 9 – INTERNATIONAL ORDERS

We also ship to New Zealand and European Union countries. All product prices include 10% GST by Australian law. GST is excluded in international orders at the time of payment. It is important to know that international orders may be subject to import customs, duties, taxes and brokerage fees. Any additional charges must be borne by the recipient. These charges are not included in the prices included on ThePachaMama Project, nor are they set by The PachaMama Project, these fees are charged by the government and/or local delivery contractor in the recipient’s country.  This may be collected upon delivery. These fees are not collected by The PachaMama Project and we have no authority to have these fees or taxes waived. The customer is responsible for assuring that the product can be lawfully imported to the destination country. The recipient is the importer and must comply with all laws and regulations of the destination country.

SECTION 10 – RETURNS AND REFUNDS

Items may be returned or refunded only if you receive an incorrect, damaged or faulty product, in which case we will provide a replacement or a refund on return of the product. To return an item please contact us within seven (7) days of date of delivery with the reason for return and if possible a photograph of the item (as received) and we will advise you on what to do next. All refunded items must be returned unused and with the original receipt. We endeavour to process returns within two (2) weeks of receipt, however this may take long during busy periods and public holidays. In the event that an order cannot be fulfilled, a full refund or your order will be processed.

 

SECTION 11 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 12 - COMPLAINTS

We are committed to providing you with the best possible customer experience. If, for some reason you are unhappy with the product or service please contact us on smiles@thepachamamaproject.com.au with your name, the date your order was purchased, what you purchased, order reference number (if applicable) and a brief description of your problem.

 

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 14 – COPYRIGHT

All content on this website such as text, graphics and images, logos, software, digital downloads and data completions is the property of The PachaMama Project or its suppliers unless noted otherwise. As such all content on this website is protected by Australian and international copyright laws. All content or any part thereof must not be reproduced in any form without the express and written permission on The PachaMama Project and relevant suppliers.

 

SECTION 15 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 16- THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 17 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 19 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 20 – GOVERNING LAW

The agreed terms in these Terms and Conditions shall be governed by the laws of Victoria, Australia. The Courts of Victoria shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with this Agreement.

 

SECTION 21 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The PachaMama Project website is provided on an “as is” basis (except as expressly stated by us) and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.. The PachaMama Project makes no warranties of any kind as to the operation of this website and its software and by using this website you agree that it is at your sole risk. The PachaMama Project will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. To the extent that liability cannot be excluded, the liability of The PachaMama Project, its directors and employees is limited to the cost of the products The PachaMama Project provides to you the Client.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. In no case shall The PachaMama Project, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 22 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The PachaMama Project and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 23 - SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 24 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 25 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

GENERAL

Headings in these Terms and Conditions and the Privacy Policy are for convenience only and do not affect the interpretation of these Terms. The PachaMama Project reserves the right to change these Terms and Conditions and any other information relating to service at any time. The client’s subsequent use of the Website will be governed by the varied Terms and Conditions. In the event that any of the provisions of these Terms and Conditions are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.

 

Questions about these Terms should be sent to us at smiles@thepachamamaproject.com.au.

 

Last updated 22 October  2012.

 

© The PachaMama Project  2012. All rights reserved.

 

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