TERMS & CONDITIONS
INTRODUCTION
This website is operated by HEART SPADE. Throughout the site, the terms “we”, “us” and “our” refer to HEART SPADE. HEART SPADE offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By agreeing to these Terms, you are entering into an agreement with HEART SPADE (ABN 2931 8482 160) including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (HEART SPADE or we or us), and agree to comply with any and all applicable laws and regulations, whether domestic or international.
All of our terms and conditions and policies that are linked to or in the Websites, including our Privacy Policy, Shipping Policy and Return Policy, are incorporated into these Terms. You agree to comply with all such Terms when accessing or using our Services.
USE OF THE SERVICES
By using this website, you guarantee that you have read, understood and agreed that:
(a) you have the capacity to abide to this agreement and the authority to decide to this agreement,
(b) you are bound to these terms and conditions,
(c) you agree to comply with all applicable laws and regulations in Australia, in your state/country, in the location that you access the Services
HEART SPADE reserves the right to change terms and conditions at any time and without notice. These changes are effective immediately. It is your responsibility as the user to read and understand changes to the terms and conditions. The Terms and Conditions are relevant until terminated by HEART SPADE. We reserves the right to terminate these terms at any time without notice. HEART SPADE reserves the right to terminate any part of the website, any users access, any products provided or the website as a whole. If you do not agree to be bound by these terms and conditions, you cannot use the HEART SPADE website.
USER ACCOUNTS
To access and use some of the Services, you may be required to register an account with HEART SPADE. You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password. If you wish to amend your account details or delete your account, please refer to our info@heartspade.com.au.
You agree that User Content you provide to HEART SPADE to be made publicly accessible to third parties, including other users or visitors of the Services. You agree that HEART SPADE is not liable to you for the use or access of User Content by third parties.
HEART SPADE retains the right to screen and verify your identity or your business's identity (if applicable) in our sole discretion. You agree to submit to such screening and to provide to HEART SPADE at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including company records, copies of photo identification or other identifying documentation.
You understand that HEART SPADE may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, subscription or membership at any time, including if it is found that you have, or are suspected of, violating these Terms.
ORDERS AND CANCELLATIONS
You agree that any purchase of goods and services through our Services (Goods) is subject to these Terms.
ORDERS
An order for the purchase of Goods (Order) is accepted upon the latter of the following to occur:
(a)you have submitted your Order;
(b)you have paid the purchase price in full, including any taxes and shipping costs; and
(c)we have issued an Order confirmation.
By placing an Order, you are making an offer to purchase those Goods for the price (including the delivery and other charges and taxes) specified at the time that you place your Order.
HEART SPADE reserves the right to:
(a)accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order;
(b)request identification from you, including your name, address and phone number for verification purposes before we process your order;
(c)cancel an order at any time, for any reason; or
(d)restrict the quantity or total value of goods available for purchase to each person or address.
You must provide complete and accurate details at the time of making your purchase. You may be required to provide additional details upon our request to ensure the accuracy of your order.
You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address. LE ‘ MISSI l is not obliged to re-send the order to the correct address at our own expense. We shall not be liable for any loss or damage whatsoever arising from such acts.
CANCELLATIONS
Please note that you cannot cancel or amend an order once it has been placed (except as required by Australian Consumer Law).
In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by LE ‘ MISSI as a direct result of the cancellation (including, but not limited to, any loss of profits).
RETURNS
Any return of Products to us by you will be governed in accordance with our Returns Policy.
PURCHASE PRICE
All prices quoted on the Website or pursuant to your enquiry with us are in Australian Dollars (AUD) and include GST. Costs relating to international orders will be calculated via our integrated currency converter.
The actual international currency conversion that you are charged via your bank may vary.
We reserve the right to vary the prices displayed on the Website from time to time and without notice to you.
PAYMENT
LE ‘ MISSI accepts payment via credit card (Visa/Mastercard), Afterpay, Gpay and Paypal.
After you make payment for your order, we will email you an invoice, which confirms receipt of your order.
SECURITY
We recognize that protection and safety of information relating to your credit card is very important. Therefore, we provide you with a very safe and stress-free online shopping experience.
We use the highest strength Secure Sockets Layer (SSL) encryption to transmit your personal and credit card details. This means absolute security and privacy. SSL is a sophisticated method of scrambling data as it travels from your computer to our website servers.
Our Security Certificate is provided to us by Godaddy.
We do not store your credit card details at any time so consumer confidence and satisfaction is assured.
DELIVERY AND SHIPPING
Shipping and delivery will be handled in accordance with our Shipping Policy.
DOMESTIC (within Australia):
Shipping will be via Australia Post Express.
Orders placed on a business day before 10am AEST are usually shipped that same day. We cannot guarantee delivery times, however, you should receive your delivery within 1-3 days.
INTERNATIONAL:
We ship to all international destinations.
International delivery times are 1-3 weeks. If you have not received your ordered items within this timeframe, please email us your full name and order number and we will investigate on your behalf.
CURRENCY
As an Australian Based company all of our Credit Card transactions are processed in $AUD.
STORE CREDIT POLICY
Store credits will valids for 3 months. Store credits will be issued via email in the form of a CODE. Your store credit can be used for all products on the website and can be used over several transactions within the time limit.
INDEMNITY
You agree to indemnify, defend and hold harmless HEART SPADE, its agents, distributors and affiliates. This includes all officers, directors and employees.
TERMINATION
The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.
MISCELLANEOUS
We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in the Terms of Use are reserved.
If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
GUARANTEES ’ Australian Consumer Law ‘
These T & C’s do not exclude any rights that you may have under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For further information on Consumer rights and obligations click on the following link.
GOVERNING LAW
This website is governed by Australian Law and any other applicable State/Territory laws.