Terms and Conditions
By continuing to use the Website you agree to be bound by such revised Terms.
SECTION 1 - ACCESS AND USE OF THE WEBSITE
1.1 You must only use the Website in accordance with these Terms and any applicable law
1.2 You must not (or attempt to):
1.2.1 interfere with or disrupt the Website or the servers or networks that host the Website;
1.2.2 use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
1.2.3 interfere with security-related or other features of the Website
1.3 If you register for an account with us (“Account”), you confirm that the information provided to us is true and correct. You must not register more than one Account.
1.4 To create an Account you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us.
1.5 To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account. We are not responsible for any unauthorised activity on your Account, including (without limitation) if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant regulatory authorities.
1.6 You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact us immediately and take immediate steps to re-secure your Account.
1.7 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other web Website linked to or from our Website.
1.8 You must not link to our Website or any part of our Website in a way that damages or takes advantage of our reputation, including but not limited to:
1.8.1 in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
1.8.2 in a way that is illegal or unfair.
SECTION 2 – INFORMATION ON THIS WEBSITE
2.1 The Website and the content on the Website are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to us.
2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Website, including audio and video excerpts, except as permitted by statute or with our prior written consent.
2.3 Information about goods on the Website is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2.4 Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and accessories) may differ in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received.
SECTION 3 - ORDER AND FORMATION OF CONTRACT
3.1 When making an Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your Order before you submit it.
3.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Website) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars (AUD).
3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.
3.4 By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
3.5 If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact us immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.
3.6 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
3.6.1 unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product or size);
3.6.2 we suspect that you might on-sell our products to other consumers;
3.6.3 if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;
3.6.4 if there has been an error in the imagery, price or product description on the Website;
3.6.5 if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.
3.7 Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.
3.8 Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell products and services to you.
SECTION 4 - CANCELLATION
4.1 We may terminate an Order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.
4.2 If you want to change anything at all with your order (e.g. delivery address, size or colour, payment method), we recommend cancelling your order within 30 minutes and placing a new one with the correct details.
4.3 If you wish to cancel or modify your order and 30 minutes has passed, we can attempt to stop dispatch for you but we cannot guarantee this is possible. Please get in touch as soon as possible so we can assist.
SECTION 5 - SPECIFIC PROMOTIONS
5.1 From time to time we may run promotions on our Website which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions in respect of selected styles, colours, collections, purchase periods, purchase methods, minimum spend requirements, and bundle discounts.
5.2 You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).
SECTION 6 - USER GENERATED CONTENT
6.1 From time to time we may reach out to our customers via social media to encourage you to share your own content (“Content”) using specific hashtags (#) alongside your Content in line with a campaign we might be running at that time.
6.2 By responding to our post and using the required hashtag, you acknowledge and agree that:
6.2.1 You comply with the terms and conditions of the platform you are using to create that Content;
6.2.2 You own all rights in respect of your Content and/or have obtained appropriate rights and consents from any other persons featured in your Content;
6.2.3 Your Content and social media handle may be featured across our social media platforms as well as our Website;
6.2.4 We may enhance, adapt, crop or otherwise modify your Content. Any such modifications would only occur to the extent deemed reasonably appropriate by us; and
6.2.5 You are solely responsible for your Content and will not seek to hold us liable for any demands by a third party related to our use of your Content.
6.3 You may revoke your permission for us to use your Content at any time by sending a request to email@example.com. Upon receiving such a request, we agree to remove your Content from our online platforms as soon as reasonably practicable, and removed to the extent technically practicable.
SECTION 7 - DISCLAIMER AND LIABILITY
7.1 This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:
7.1.1 the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Website (or any part of it or them); or
7.1.2 otherwise in relation to these Terms or the entering into or performance of these Terms.
7.2 Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for:
7.2.2 death or personal injury caused by our Breach of Duty;
7.2.3 any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or
7.2.4 any other Liability which cannot be excluded or limited by applicable law.
7.3 In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
SECTION 8 - INDEMNITY
8.1 You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party
SECTION 9 - DISPUTE RESOLUTION
9.1 In the event of any dispute under these Terms the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance.
SECTION 10 - GENERAL
10.1 Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Website.
10.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
10.3 Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
10.4 No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
10.5 Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.
10.6 Third party rights: All provisions of these Terms apply equally to and are for the benefit of us, our subsidiaries, any holding companies of ours, our (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).
10.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
10.8 Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
10.9 Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of Western Australia and both parties hereby submit to the exclusive jurisdiction of the courts of Western Australia.
SECTION 11 - DEFINITIONS AND INTERPRETATION
11.1.1 In this document, terms are defined either (i) in the body of this document above, or (ii) defined as set out below, unless the contrary intention appears:
11.1.2 Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;
11.1.3 Breach of Duty means the breach of any:
22.214.171.124 obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
126.96.36.199 common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
11.1.4 Liability means liability in or for Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and
11.1.5 “WE THE EARTH”, "we", "our", "us" means WE THE EARTH PTY LTD (ABN 48 667 030 953) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
11.2.1 Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
11.2.2 Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
11.2.3 Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
11.2.4 References to includes or including or like words or expressions shall mean without limitation.