Terms of service

The Arthly Box Website and Online Store: Terms & Conditions
General

(a)  The Arthly Box website and online store, located at https://thearthlybox.com (Website), is owned, controlled and operated by the business called The Arthly Box (ABN 24 276 499 475) (The Arthly Box, we, our and/or us).

(b)  As a condition of using and/or purchasing from the Website, you agree to the following terms and conditions (Terms) and our Privacy Policy (Privacy Policy) and agree to be legally bound by the Terms and Privacy Policy.

(c)  If you do not agree to the Terms and the Privacy Policy, you should immediately cease using the Website.

(d)  The Arthly Box has the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use and/or purchase from the Website you agree to be governed by the Terms as varied from time to time.

Ordering via the Online Store

(a)  By placing an order via the Website (Order), you are offering to purchase the products on, and subject to, the Terms. You agree that we have the right to accept or reject an Order for any reason at any time, and that all Orders are subject to availability of the products.

(b)  An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to your Order; verbal, written, graphic or otherwise. Any changes to the Order may only be made with our express approval.

(c)   To purchase products via the Website, you must possess a valid credit or debit card issued by a bank acceptable to Us. We use Shopify, a third party payment processor, to process all payments and do not collect or store any credit or debit card details provided by you when making purchases via the Website.

(d)   Product prices are listed on the Website. Unless otherwise stated, all prices are in Australian Dollars and inclusive of GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) where applicable.

(e)   We reserve the right to change pricing at our discretion and without notice.

(f)    We currently only ship within Australia.  All purchases are posted via Australia Post and other suitable delivery partners as determined by us from time to time within 3 business days of full payment in cleared funds being received by us under clause 2(c). All shipped items will have a tracking number. You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs are calculated according to your postcode and will be outlined at the checkout prior to payment.

(g)   Any period or date given by use for the shipping and/or delivery of an Order is intended as an estimate only and may be subject to change. We take no responsibility for any Loss suffered by you where an Order is not delivered within the estimated time frame.

(h)   Title in the products comprising an Order is retained by us and will not pass to you until full payment in cleared funds is received by us.

(i)    To the fullest extent permitted by law, all risk of loss or damage to the product passes to you when the Order is delivered to you at your nominated delivery address.

(j)    It is your responsibility to inspect all products on delivery. If required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature. If you believe that your Order has been lost or damaged in transit, please contact info@thearthlybox.com.

Australian Consumer Law and Refund Policy

(a)   Our goods come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms.  Nothing in these Terms will override your rights as a ‘consumer’ under the Australian Consumer Law or otherwise at law.

(b)   Due to the nature of the products and subject always to clause 3(a), we do not accept returns due to ‘change of mind’ unless we expressly agree otherwise.

(c)    Subject to clause 3(a) and to the extent permitted by law, our liability to you for any Loss or Claim you may suffer in respect of any goods supplied to you via the Website, including in respect of any failure to comply with any Consumer Guarantees:

          (i)   if the goods have a minor problem: is that we will at its election, repair, replace or refund the goods; or

         (ii)   if the goods have a major problem: is that we will at your election, repair, replace or refund the goods.

(d)    If you believe any of the products purchased on or through the Website are faulty, defective or have a problem, please notify us immediately by email to info@thearthlybox.com (together with supporting images) so we can discuss and resolve the issue with you. We kindly request that you notify us of any fault or damage by email within 72 hours of receipt of delivery. Where we have accepted that the products are faulty, defective or have a problem, we will send you a confirmation email and our postage address. You must pay for all relevant postage and delivery costs in these circumstances.

User Accounts

(a)   You may but are not required to set up a user account to use the Website.  We may assign you a username and password and account information to access and use certain areas of the Website or require you to establish your own account access using a username and password chosen by you (Login). Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Terms.

(b)    It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login.

(c)   You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website’s security that you may be aware of.

Personal Information

(a)   We are committed to the transparent management of your personal information.

(b)   So that we can fulfil your Order/s, we will need to collect certain personal information from you. 

(c)   We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy.

Product Disclaimers

By purchasing any products on our Website, you agree and acknowledge that the products may not be suitable to your particular circumstances – you should make your own inquiries and seek relevant independent advice before using our products, as well as acting on any information or material made available to you via the Website in relation to the Products or otherwise.

Limitation of Liability

(a)   All material displayed on the Website is for informational purposes only.

(b)   Subject always to clause 3(a) and your rights under the Australian Consumer Law, to the fullest extent permitted by law:

           (i)  your use of, and reliance on, this Website is entirely at your own risk; 

           (ii) The Arthly Box does not make any representations, warranties or guarantees in relation to the supply of goods via the Website; and

           (iii) The Arthly Box hereby disclaims all liability in connection with any Loss and damage arising out of or in connection with any use of, or reliance on, the Website.

(c)   Subject always to clause 3(a) and your rights under the Australian Consumer Law, to the fullest extent permitted by law we are not liable to you for any kind of consequential loss arising out of or in connection with your use of the Website or any goods purchased via the Website. For the avoidance of doubt, ‘consequential loss’ means special, incidental, indirect or consequential damages, loss of revenue, anticipating savings, profits, goodwill, reputation, interest or business.

Indemnity

You agree to indemnify and hold The Arthly Box (and its officers, employees and other representatives) harmless from all Loss and any Claims suffered by you arising out of, due to, or in any way connected to your breach of the Terms.

Third Party Links

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on the Website. You agree that we are not responsibility for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party websites, or that third party websites will be virus free.

Intellectual Property

(a)   Product and brand or business names displayed on the Website may be trademarks of their respective owners.

(b)   We are the exclusive owner of, or otherwise have a license to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content). You may download, view, copy and print any Content for your personal, informational and non-commercial purposes only. All other uses are strictly prohibited and you must obtain our prior written permission if you would like to use, copy, repost, store, sell, upload, distribute or reproduce any part of the Website or Content for any other purpose.

Laws

The Terms are governed by the laws of Victoria. You agree that the courts of Victoria or Federal Courts sitting in Victoria will exclusively adjudicate over any dispute in relation to the Terms. 

Definitions

Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

Loss means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including all legal and other professional costs (calculated on an indemnity basis).