Terms Of Use

Here's all the 'legal' guff you have to have! Get a strong coffee if you're reading all the way through. :)

TERMS OF USE

Thanks for visiting Heartfire At Home’s Blog Shop. My aim is to make your shopping experience as easy and pleasurable as possible. Please take the time to read through these Terms and Conditions.

 The owner and operator of this website shop (referred to as Heartfire At Home’s Blog Shop, Heartfire, we, us, our, Site), is Linda Ogier trading as ‘Heartfire’ of Yarrowee St, Sebastopol, Victoria, Australia, 3356.
 By proceeding beyond this page and/or purchasing an item from this Site and/or subscribing to our Newsletter, you acknowledge that you have read these Terms and Conditions, and expressly agree to be bound by them.
 We may revise these Terms and Conditions from time to time by updating the information on this page. Any new and/or updated Terms and Conditions will be effective immediately they are posted on this Site.

General:
 The goods displayed on this Site are only available for purchase by those persons over the age of 18 who have full capacity to enter binding contracts.

Intellectual Property Rights:
 You acknowledge that all content on this Site is subject to copyright and possibly other Intellectual Property Rights. In these Terms and Conditions content includes things that you may see, read, hear, download or access on or via the Site. Including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials.
 Unless expressly authorised by law you must not yourself, or permit any other person to sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the content in any way for either public or commercial use without the written consent of Heartfire. (Bloggers, feel free to reprint pics as long as a link back and comment about the shop is given!)

Your Use of the Site:
 You must not disrupt or interfere with the Site or servers or other software, hardware, or equipment connected to the Site or via the Site.
 You must not violate any Applicable Law relating to your use of the Site.
 You must not collect or store personal data about other users of the Site.
 All information provided by you when placing an order or accessing any part of this Site is referred to as ‘user information‘. When you provide user information you are representing and warranting that it is true and correct and are agreeing to indemnify us for any losses, costs, and expenses or damages we may suffer if any of this user information is not correct.
 You must not transmit or attempt to transmit any material of any kind that may or does contain a virus, malicious computer code, or other harmful component to any part of this Site.
 If any user information provided by you is incomplete or inaccurate, or you transmit material of any kind to this Site which contains a virus, malicious computer code, harmful component of any type, or you otherwise attempt to alter any of the content on this Site, we retain the right to terminate your use of this Site and to prosecute you to the full extent of the law.
 We reserve the right to withdraw your capacity to purchase goods from this Site at any time without notice. All rights and remedies of either party accrued at the time of termination, and all disclaimers and limitations of liability will survive termination.
 In these Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing.

i. any law, rule or regulation of any country, or political sub-division of a country;
ii. any lawful and binding determination, decision or direction of a regulator in any country or political sub-division of a country;
iii. any obligation under any licence in any country or political sub-division of a country.

Orders:
 If you place an order or make a purchase on this Site, this is deemed and constitutes an offer/agreement by you to purchase the quantity of goods for the price (including delivery) specified on this Site at the time you place your order.
 We reserve the right to accept or reject your offer for any reason. Including, without limitation, an error in the price or the product description posted on this site, the unavailability of any product, or an error in your order.
 Prices of products and delivery and any other charges displayed on this Site are current at the time of issue, but may change at any time and are subject to availability.
 The availability of products may change from time to time.
 We retain ownership of and title to the products you have ordered until you have made payment in full for those products, however, all risk in or related to the products will pass to you on dispatch of the product or products from our warehouse.
 All prices posted on this Site are GST inclusive, but you are responsible for any duties, taxes or other liabilities imposed by any government, government authority or government agency on any products acquired or ordered by you from this Site.

Delivery:
 Delivery times given on this Site are indicative only. Heartfire will not be held responsible or liable for any failure to observe these delivery times.
 You acknowledge and agree that you are not entitled to withdraw or alter any commitment made for the purchase of products from this Site for any reason, including without limitation, because of any delivery delay.
 All risk in the products you have ordered pass to you upon dispatch of that product or products from our warehouse. Our courier/postal company will not be held liable for any loss or damage of goods in transit.
 At times we may need to order products which are not immediately in stock from our suppliers (the lovely lady cushionistas!). This may result in an extended delivery time, or the products may be unavailable or discontinued. If this happens, we will notify you immediately to arrange a full refund or exchange at your option.

Returns:
 You agree to be bound by the terms of the returns policy specified in this section i.e. Returns. The liability of Heartfire in relation to returns is limited as expressed in this section and generally in these Terms and Conditions.
 Goods will be accepted for return only if they are received by Heartfire within sixty days of dispatch, with all in-store packaging and labelling intact, and otherwise in resaleable condition.
 You must pay the cost of return freight and insurance before the return will be accepted, unless you received goods that were faulty, or goods that you did not order. In the case of faulty goods, or delivery of incorrect goods, Heartfire will cover return delivery costs.
 Once Heartfire has received any returned goods, confirmed the reason for their return, and accepted their condition as suitable, then a refund or exchange will be arranged.

Security:
 When you purchase any goods from this Site, your payment is made using PayPal.
 Your credit card details (if paying by credit card) are protected by the highest encryption level available to the industry and are completely secure.
 We do not hold, nor do we have access to any of your credit card details.

Credit Card Protection:
 Most banks limit your liability in the case of credit card fraud to $50. However, in certain circumstances, you may be held liable by us for fraudulent use of your credit or debit card if your actions have contributed to the unauthorised use of your credit card. In the event of unauthorised use of your credit card, you must immediately notify your credit card provider in accordance with its reporting rules and procedures.

Links:
 This Site may contain links with other sites on the Internet that are owned by third parties. In using this Site, you accept that Heartfire cannot be responsible for the operation or content of any such sites, and you agree that Heartfire will be a beneficiary of protections of any kind that such sites may claim for themselves.
 We do not endorse and expressly disclaim all liability, expressed or implied, of any nature regarding the use and content of third party sites linked to Heartfire.

Viruses and Bugs:
 Information (including any file), obtained from or through this Site is not represented to be, nor can it be relied upon to be free from computer viruses, bugs, faults or defects.
 It is your responsibility to scan any information for computer viruses.
 You expressly agree that Heartfire will not be liable to you, or to any other person for any damage or loss (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may occur directly or indirectly from any such information.
 To the extent that any Applicable Law that cannot be excluded imposes any liability on Heartfire, that liability shall be limited to the cost of re-supplying that information.

Release and Indemnity:
 You hereby waive, release, forgive, relinquish and discharge any and all claims that you now have or may have against us, our related bodies, employees or representatives which are connected with, arise out of, relate to, or are incidental to any transaction.
 You hereby agree to indemnify, defend and hold us, our related bodies, employees and representatives harmless from and against any and all claims, loss, damage, liability, tax, and/or expense that may be incurred by us, our related bodies, employees and representatives arising out of or in connection with the performance of our or their actions or powers as described in these Terms and Conditions including the legal costs, expenses and fees of defending ourselves and themselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
 You further agree to indemnify and hold us, our related bodies, employees and representatives harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your use of this Site, the violation of these Terms and Conditions by you, the infringement by you, or other user of this Site using your user information and credit card details of any intellectual property or other right of any person or entity.

Limitation of Liability:
 Heartfire makes no expressed or implied representations or warranties of any nature regarding this Site or its content or operation.
 Heartfire will not under any circumstances be liable for any direct, indirect, incidental, consequential, accidental or special damages, resulting from your use or your inability to use this Site or for the cost of procurement of substitute products or services or resulting from any products purchased or messages received or transactions entered into through this Site or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Site (including but not limited to damages for loss of profits, loss of opportunity, data, use or other intangible), even if Heartfire has been appraised of the possibility of such damages.

Applicable Law/Jurisdiction:
 These Terms and Conditions are governed by and are to be construed in accordance with the laws of the state of Victoria, Australia.
 No failure by us to enforce or exercise any provisions or rights of these Terms and Conditions constitutes a waiver of such provision or right unless acknowledged and agreed to in writing by us.
 The sole jurisdiction and venue for any litigation arising from your use of, or orders made on this Site shall be governed by the laws of the state of Victoria, Australia.