All references to Hearty Pens, “we” or “us” in these Terms and Conditions refers to Hearty Pens.
- By using Hearty Pens website and our social media pages (“website”) you accept these terms and conditions (“agreement”) and our Privacy Policy (“privacy policy”). These website terms of use (“terms of use”) and the associated privacy policy govern your access to and use of the website. Before using this website, you should read these terms of use and the privacy policy carefully.
- You may register for an account to make orders and access some features of the website. You will provide us with current and accurate personal information including your name, address, and a valid email address. By using the website and its associated functionality, you grant us your express consent to send you direct marketing communications to the email address you provide, from which, at any time, you may unsubscribe. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you decide to leave the page while transaction is in progress. You must be at least 18 years old to register an account and use the website, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
- The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are indicating that you agree to be bound by these terms.
- We may review and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.
- On this website, we do not warrant the accuracy, adequacy or completeness of its material. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Hearty Pens. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before placing your order.
- We do not guarantee that the website will be free from viruses, or that website access will be uninterrupted.
- The copyright for the content on this website is owned or licensed by Hearty Pens and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be adapted, reproduced, uploaded to a third party, linked to, framed, performed in public, transmitted or distributed in any way by any method or procedure without specific written consent of Hearty Pens. All custom graphics, icons, and other items that appear on the website and all associated trademarks, are properties of Hearty Pens.
- Our privacy policy governs the use of information collected from or provided by you at the website. A policy statement provided by us for the purposes of being made available to customers and the general public declaring the business’s commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a business required to comply is available at https://www.heartypens.com.au/privacy-policy.
- We do not encourage you to make suggestions, feedback, comments or requests (“comments”) but these comments may be made to hello@heartypens.com.au. By making comments, you acknowledge that: these comments will not be considered confidential or proprietary, and Hearty Pens is under no obligation to keep such information confidential, and we will have an irrevocable, unrestricted, world-wide, royalty free right to use, reproduce, communicate, display, distribute, publish and exploit such comments in any chosen means.
- The website may contain links to third-party resources and websites (“linked sites”). These linked sites are not endorsed by Hearty Pens and are provided solely as a convenience to you. We make no representations or warranties regarding the correctness, availability, accuracy, performance or quality of the linked site or any content, service, software or application found at any linked site. We may receive commissions and/or payments from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from our website.
- We generally agrees and encourages your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Hearty Pens. However, linking to any other page of the website is strictly prohibited, without express written permission from Hearty Pens.
- This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria. By entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
- We make no representations or warranties about the accuracy, security, completeness, or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
- If Hearty Pens is found responsible for any damages, we are responsible for actual damages only. In no event shall we, be liable for any indirect, incidental, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
- The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute an exclusive and complete statement of the agreement and understanding between you and Hearty Pens with respect to the subject matter hereof.
- All prices are shown in Australian dollars (AU$). Prices may be subject to change without notice.
- We have made every effort to display as accurately as possible the colours of the goods that appear on our website. However, we cannot guarantee that your monitor’s display of any colour will be accurate as the actual colours you see depend on your monitor.
- The goods delivered under this Agreement shall be of normal commercial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
- The products available on the website for sale under these Conditions of Sale are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. The products are only available for sale to individuals who can make legally binding contracts. By placing your order you are verifying to us that you are able to make a legally binding contract.
- You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
- Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
- Before placing your order, you must review your order carefully. Once an order is confirmed, you are unable to change or cancel it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement and the return policy. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.
- Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
- These Conditions of Sale may change from time to time. You are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
- We reserve the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, an error in your order or the availability of the product. Your contract with Hearty Pens only comes into existence when we forward you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
- On the occasion that we cancel or are unable to fulfil your order, we will arrange for a full refund of any payment received.
- We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. In the event we cannot fulfil your order, you may receive a full refund or store credit (at your election).
- This contract shall be governed by and construed in accordance with the law in effect in the State of Victoria and by entering into contract both parties are accepting the jurisdiction of the courts of the State of Victoria in relation to any dispute between them.
- You shall inspect the goods immediately upon their arrival and shall within seven (7) days give notice to Hearty Pens if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by us within seven (7) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
- When we accept your offer and assigns product in our warehouse, ownership and property in the goods supplied/delivered shall pass from Hearty Pens to you. Risk passes to you upon delivery to you or to an agreed delivery point.
- We shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and Hearty Pens shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal/political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
- You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify Hearty Pens in respect of any such use. We are not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods when used by you are not damaged and no liability will be accepted by Hearty Pens for the consequences of the use of damaged goods by you.
- Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of Hearty Pens implied by the Goods Act 1958.
Social Media and Content
- You understand that all information, such as messages, comments, text, images, photos, files, video, sounds and other materials (“content”) linked from, posted on, transmitted through the website, Twitter feed, our Instagram, Facebook page, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
- You understand that we are not responsible for and have no control over material and content made available through the website or Social Media unless it originates from us. Subsequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is indecent, offensive, misleading, inaccurate, or otherwise objectionable. You use the website at your own risk and to the extent permissible at law we do not accept liability in this regard.
- As a member or participant on our Social Media pages, you agree that you are responsible for any content posted, submitted, or made available through the website via your account; and you must not post (or allow) content to be posted through your account that:
- is deceptive or misleading;
- is defamatory or in contempt of any legal or other proceedings;
- you do not have the right to post;
- is offensive or discriminates against any group of persons being a group defined by reference to race, colour, sex, origin, nationality or ethnic or national origins;
- denounces political or religious beliefs;
- contains political or religious material;
- is vulgar, indecent, obscene, pornographic or offensive;
- infringes any patent, trade mark, copyright or other intellectual property right of another person;
- contains any unauthorised or unsolicited promotional or advertising material;
- links to or contains viruses, spyware, malware or similar software; or
- impersonates any person or misrepresents your relationship with any person.
- Without providing any reasons, in our absolute discretion, we reserve the right to pre-screen, refuse or remove any content from the website or our Social Media pages.
- Even if you have changed, removed, or deleted your content from public display, you agree and understand that we may retain server and backup copies of your submitted content.
MailChimp
We use MailChimp as our marketing automation platform. By subscribing to our newsletters and services, you acknowledge that the information you provide will be transferred to MailChimp for processing in accordance with their Privacy Policy and Terms.