Earth Runner – Terms and Conditions
“Products” means products offered for sale on this Website, including active wear and other sports accessories.
“We” means Earth Runner ABN 58 526 639 594.
“Website” means earthrunner.com.au.
“You” means any user of this Website or purchaser of our Products.
Nature of Information
Any information provided under this Website, including blog posts, are of a general nature only.
Use of This Website
- Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.
- You must only use this Website for lawful purposes, which may include:
- browsing any part of this Website solely in order to view it;
- purchasing our Products.
- Email addresses, contact forms and any other communication forms that appear on this Website are for professional communications only and must not be used to send unsolicited messages.
- You must not in any way reproduce, publish, communicate or adapt any part of this Website, including these terms and conditions, without our prior written consent. Unless otherwise indicated, we own or license all copyright in this Website and its contents, and reserve all rights in relation to copyright material.
- When purchasing a Product from this Website, the price for the Product and any shipping or delivery costs will be displayed. Prices are in Australian dollars and excluding GST unless otherwise stated.
- You will be required to pay for the Product in full at the time of placing your order. Payment is accepted by PayPal, debit card or credit card.
- When you place an order to purchase a Product, you will receive a confirmation email from us. Your order is not accepted by us until shipped or delivered and 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 if stock for that Product is unavailable.
- Delivery charges are as follows:
- Orders over $80 – Free shipping;
- Orders equal to and under $80 – $9.95 (unless express post has been chosen).
- Please allow 3 to 5 business days for standard deliveries.
- You may also select to have your Product delivered by express post for a flat fee of $15 for next day delivery. Your order will be delivered by Australia Post.
- Delivery is within Australia only. Unfortunately, we do not offer international delivery at this time.
- We will use our best endeavours to deliver the Product to you at the place of delivery specified by you within the time indicated by us at the time of your order, but we cannot guarantee any delivery times.
- You may grant us authority to leave the Product at a designated area (for example, at the front door) when placing your order. If you do, you understand and agree that this authority gives us and/or our courier’s permission to leave the Product unattended at the place specified by you without obtaining a signature confirming delivery. In such circumstances, you understand and agree that by granting us authority to leave the Products, we and our couriers are released of all responsibility and liability for the Products delivered and left unattended, and that this responsibility and liability transfers to you on delivery.
- All risk in the Product shall pass to you upon delivery. You must immediately check the Product upon delivery and advise us of any faults or damage. It is your responsibility to take care when opening the Product or packaging so as not to damage it. From the time when risk passes to you, we will not be liable for loss or damage to the Product.
Refunds and Returns
- If you have received a Product with a fault, damage or defect, please contact us immediately and provide evidence of the fault, damage or defect along with proof of purchase.
- If the Product is confirmed to be faulty, damaged or defective, we will exchange the Product or refund the price of the Product to your original payment method at your request. The faulty Product must be returned to us prior to us processing your exchange or refund.
- We will reimburse you for your reasonable postage costs in returning a faulty, damaged or defective Product to us, so please keep your receipts.
- At Earth Runner, we want you to love every purchase you make, so are happy to offer an exchange or refund for change of mind if you return the Product to us within 30 days of purchase and provided you meet the following conditions:
- the Product must be in its original condition, unworn, unsoiled and still have any tags attached;
- you are responsible for any postage or delivery costs in returning the Product to us;
- you must provide proof of purchase; and
- the Product is not a sale or promotional item.
- Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law.
You agree to indemnify and hold us harmless from all liabilities, claims, and expenses, including legal fees that arise from your use or misuse of this Website or your breach of these terms and conditions.
Limitation of Liability
- Except as otherwise provided at law, we make no warranty or representation about the accuracy, completeness or fitness for any purpose of the contents of this Website or the Products. Any condition or warranty regarding this Website or our Products that would otherwise be implied into these terms and conditions is excluded.
- This Website may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.
- To the extent permitted by law, we accept no responsibility and exclude all liability to you on any basis (including negligence) for any loss or damage, however caused, which you may suffer in relation to your use of this Website or the Products. Any liability in connection with this Website and the Products under any statutory right (including any condition or warranty implied by law or any guarantee or other right under any statute) that cannot be excluded is limited to the resupply of the Products or the payment of the reasonable cost of same.
- We may, in our absolute discretion, change these terms and conditions from time to time without notice to you.
- Parts of this Website may not be updated regularly and may therefore be out of date.
- If any part of any of these terms and conditions is void, then the part that is void may be severed.
- These terms and conditions, your use of this Website and the Products and any dispute arising out of these are governed by the laws of the State of Victoria, Australia.