These Terms and Conditions describe your rights and responsibilities and what you can expect from Ambience Eco Fires. Please take a few minutes to review these Terms and Conditions. Your use of the Web Site (or purchase of any of our products) constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the Web Site.
Ambience Eco Fires reserves the right to add to, delete or change these Terms and Conditions from time to time and without notice. By continuing to use the Web Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
Placing orders through the Web Site
You must be at least 18 years old to place any orders with Ambience Eco Fires. By using the Web Site you acknowledge that you are at least 18 years old.
By purchasing any goods through the Web Site, you make an offer to us to purchase the goods you have selected based on these Terms and Conditions. Information contained on the Web Site constitutes an invitation to treat. No information on the Web Site constitutes an offer by us to sell any goods. Ambience Eco Fires reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order after payment is received we will contact you by email or telephone.
Copyright/Trademark Information
This entire Web Site, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2010 ambienceecofires.com.au. The Ambience trade mark and logo are trade marks of Ambience Eco Fires. Permission to use documents delivered from the Web Site and/or server and related graphics is restricted. The name of Ambience Eco Fires may not be used without Ambience’s specific prior written permission. The information contained on the Web Site is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.
Colours & Materials
We have done our best to display as accurately as possible the colours & materials of the products shown on the Web Site. However, because the colours & materials you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colours or materials will be accurate.
Correction of Errors & Inaccuracies; Limitations on Quantity
Whilst Ambience Eco Fires makes every reasonable effort to present accurate information on the Web Site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order and/or made payment).
Such errors, inaccuracies or omissions may relate to product description, pricing and availability. If, for example, the price or description of a product offered for sale on the Web Site is incorrect due to a technical or administrative error, any agreement arising from any acceptance of such offer will, in Ambience Eco Fires discretion, be void. We also reserve the right to limit quantities (including after you have submitted your order and/or made payment). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
Sale of Goods & Delivery
On your request, we will organise for the delivery of your order to your designated delivery address. The Online Shop will show the delivery charge for that item. We endeavour to keep our freight costs to a minimum.
Some of the products available for sale through the Web Site may not be held in stock & will therefore need to be ordered direct from the manufacturer. Please note that if the goods are not held in stock & need to come from the manufacturer delivery time will be approximately 3-8 weeks. Customs, Duties and Taxes are all paid by Ambience Eco Fires in respect to the importation of all goods.
Indemnity
You agree to indemnify and hold Ambience Eco Fires and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, reasonable legal costs and expenses on a full indemnity basis) incurred by you or by the Parties arising from any claim, demand, suit, action or proceeding by any person against you or the Parties where such loss or liability arises out of, in connection with or in respect of your use of the Web Site, any breach by you of these Terms and Conditions and/or any goods purchased by you from Ambience Eco Fires.
Limitation of Liability
In no event shall Ambience Eco Fires or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. To the maximum extent permitted by applicable laws, Ambience Eco Fires liability is limited to an amount equal to the purchase price of the relevant good(s).
To the extent permitted by applicable laws, Ambience Eco Fires does not accept any liability for:
- Any damage or injury of any nature caused by the use or misuse of products purchased from Ambience Eco Fires.
- Errors, mistakes or inaccuracies on the Web Site.
- You acting, or failing to act, on any information contained on or referred to on the Web Site and/or any linked website.
- Any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers.
- Any interruption or cessation of transmission to or from the Web Site and/or
- Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Web Site by any third party.
Miscellaneous
These Terms and Conditions are legally binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the Queensland. Each party submits to the exclusive jurisdiction of the Courts of Queensland.
These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Ambience Eco Fires. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter.
No failure or delay by Ambience Eco Fires in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. If any part of these Terms and Conditions is found to be void, unlawful or unenforceable then that part will be deemed to be severed from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers but not to New Zealand customers. New Zealand customers do not pay GST when purchasing from Ambience Eco Fires. Where GST becomes payable on arrival of orders to New Zealand these costs will be covered by Ambience Eco Fires.
Statutory Conditions & Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.