Terms and conditions
The Website and acceptance of Terms and conditions
This 'Website' is operated by Kunzea Tasmania. Access to and use of the Website, or any of its associated products, is provided by Kunzea Tasmania.
Please read these terms and conditions ('Terms') carefully. By using and/or reading the Website, this signifies that you have read, understood and agree to the Terms. If you do not agree with the Terms, you should stop using the Website, or any of its products or services.
Kunzea Tasmania has the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
If you have any questions about the Terms and conditions you should contact us.
Who can accept the Terms and conditions of the website?
You can only accept the Terms of the Website (and therefore access the Website and purchase items for sale) if you are of a legal age to form a binding contract with Kunzea Tasmania. The products are not available to those under 18 years and anyone else who is legally prohibited from entering into binding contracts.
You are given access to this Website in accordance with these Terms and any orders placed by you must be strictly in accordance with these Terms.
Personal information and your obligations in using the Website
You warrant that any information you give to Kunzea Tasmania in registering as a customer will always be accurate, current and correct; and you will notify us of any changes to Personal Information.
You will use the Website only for the purposes that are allowed by the Terms and any applicable law, regulation or accepted guidelines in the relevant jurisdictions.
You must not impersonate any other person or use a name that you are not authorised to use.
You will not use the Website in connection with any commercial activity except those approved by Kunzea Tasmania. You will not use the website for any illegal or unauthorised use including collecting data about other users and sending unsolicited emails or any communication linking to the Website.
Indemnity
You agree fully to indemnify, defend and hold us, and our employees and suppliers, harmless from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities as a result of using this Website, or any person accessing the Website using your account and/or Personal Information.
Copyright and intellectual property
The Website and all products, services, names and information related to Kunzea Tasmania are subject to copyright. The information on the Website (including but not limited to text, logos, videos, photos and graphics) is protected by copyright under the laws of Australia. All ownership and control of the Website and its contents is reserved by Kunzea Tasmania.
Our rights
We reserve the right to:
modify or withdraw this Website (or any part thereof) without notice to you and that we will not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change to the Terms, and your use of the Website after any changes will be deemed to be your acceptance of such change. It is your responsibility to check if the Terms have been changed. If you do not agree to the Terms then you must stop using the Website.
Third party links
We may offer links to other websites or resources for you to access if you wish. You accept and agree that, as you have chosen to enter the linked website we are not responsible for the external sites or resources. We do not review or endorse and are not responsible or liable, directly or indirectly, for the privacy policies of these websites, any of the content on the websites, or the use that others make of these websites or resources, nor for any damage, loss or offence caused, nor the use of or reliance on any advertising, content, products, goods, services or other materials available on external websites or resources.
Privacy
See our Privacy Policy .
Orders
We will take all reasonable care, within our power to do so, to keep the details of your order and payment secure. However in the absence of negligence on our part we cannot be held liable for any loss if a third party gains unauthorised access to any data you give when accessing or ordering from our Website.
Contract creation and electronic contracting
The contract will be in English.
A contract between you and Kunzea Tasmania is created following these steps:
You place an order for products on the Website by pressing the confirm/submit button at the end of the checkout.
We will send you an email confirming the order and the products you have selected.
Order acceptance and the completion of the contract will happen when the products ordered are dispatched to you, unless we have advised you that we do not accept your order or you cancel the contract.
Non-acceptance of an order may be due to:
The product/s ordered being unavailable; our inability to get authorisation for your payment; a pricing or product description error; and/or you not being eligible to order.
Contract cancellation
You are entitled to cancel this contract if you wish, as long as you do so before receiving the email that credit card payment has been successful. If you want to cancel the contract after your payment has been made, please follow the process in our refunds policy.
Refunds policy
See our refunds policy
Description of products
Each product is sold subject to its product description which outlines specific information related to that product.
We make every effort to display and outline as closely as possible the specification of products on the Website. However, the actual colours for example that you see depends on your monitor, which is not in our control.
We will make very effort to ensure that all details, descriptions and prices of products on the Website are correct at the time when the information is entered. We aim to keep the Website as up to date as possible, but the information including product descriptors or photos, may not always reflect the situation exactly at the time you make an order.
Limitation of liability
While we will make reasonable efforts to verify the accuracy of any information on the Website, we make no warranties, express or implied, about its accuracy. The Website is provided on an 'as is' basis and we make no warranties of any kind, in relation to the Website, or any transaction that may occur on or through the Website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will be uninterrupted, error-free, that defects will be fixed, or that the site or the server are free of viruses or bugs or represents the full functionality, and reliability of the Website. We will not be responsible or liable to you for any loss of content uploaded or transmitted through the Website.
To the fullest extent permissible under law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not impact on your statutory rights as a consumer, nor does it impact your contract cancellation rights. See our Website content disclaimer.
We will not be liable, in contract, pre-contract, other representations, or otherwise, out of or connected with the Terms for:
any financial losses (including but not limited to loss of income, profits, contracts, business or expected savings); or any loss of goodwill or reputation; or any specific or indirect losses arising out of or connected to any matter under the Terms. Nothing in the Terms will exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants or employees. Should of any part of the Terms be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed to be severable from the Terms and will not impact the validity and enforceability of any of the remaining Terms.
Survival and waiver
Each provision of the Terms will be viewed as separately applying and surviving even if for any reason one or more of these provisions is inapplicable or unenforceable in any situation.
No waiver by us will be seen as a waiver of any proceeding or succeeding breach of any Term.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to obey all laws, statutes and regulations relating to the Website and any transactions processed on or through the Website.
Entire agreement
These Terms and Conditions oversee our relationship with you. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save, insofar as the same has expressly been made a condition of these Terms and you agree that you will have no remedy in respect of any representation. Your statutory rights are not impacted by these Terms and Conditions. Nothing in this clause will limit or exclude our liability relating to any fraudulent or negligent misrepresentation whether or not such has become a condition of the Terms.
Law
The Terms will be governed by and read in accordance with Australian law and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.
The Website and acceptance of Terms and conditions
This 'Website' is operated by Kunzea Tasmania. Access to and use of the Website, or any of its associated products, is provided by Kunzea Tasmania.
Please read these terms and conditions ('Terms') carefully. By using and/or reading the Website, this signifies that you have read, understood and agree to the Terms. If you do not agree with the Terms, you should stop using the Website, or any of its products or services.
Kunzea Tasmania has the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication.
If you have any questions about the Terms and conditions you should contact us.
Who can accept the Terms and conditions of the website?
You can only accept the Terms of the Website (and therefore access the Website and purchase items for sale) if you are of a legal age to form a binding contract with Kunzea Tasmania. The products are not available to those under 18 years and anyone else who is legally prohibited from entering into binding contracts.
You are given access to this Website in accordance with these Terms and any orders placed by you must be strictly in accordance with these Terms.
Personal information and your obligations in using the Website
You warrant that any information you give to Kunzea Tasmania in registering as a customer will always be accurate, current and correct; and you will notify us of any changes to Personal Information.
You will use the Website only for the purposes that are allowed by the Terms and any applicable law, regulation or accepted guidelines in the relevant jurisdictions.
You must not impersonate any other person or use a name that you are not authorised to use.
You will not use the Website in connection with any commercial activity except those approved by Kunzea Tasmania. You will not use the website for any illegal or unauthorised use including collecting data about other users and sending unsolicited emails or any communication linking to the Website.
Indemnity
You agree fully to indemnify, defend and hold us, and our employees and suppliers, harmless from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or any other liabilities as a result of using this Website, or any person accessing the Website using your account and/or Personal Information.
Copyright and intellectual property
The Website and all products, services, names and information related to Kunzea Tasmania are subject to copyright. The information on the Website (including but not limited to text, logos, videos, photos and graphics) is protected by copyright under the laws of Australia. All ownership and control of the Website and its contents is reserved by Kunzea Tasmania.
Our rights
We reserve the right to:
modify or withdraw this Website (or any part thereof) without notice to you and that we will not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change to the Terms, and your use of the Website after any changes will be deemed to be your acceptance of such change. It is your responsibility to check if the Terms have been changed. If you do not agree to the Terms then you must stop using the Website.
Third party links
We may offer links to other websites or resources for you to access if you wish. You accept and agree that, as you have chosen to enter the linked website we are not responsible for the external sites or resources. We do not review or endorse and are not responsible or liable, directly or indirectly, for the privacy policies of these websites, any of the content on the websites, or the use that others make of these websites or resources, nor for any damage, loss or offence caused, nor the use of or reliance on any advertising, content, products, goods, services or other materials available on external websites or resources.
Privacy
See our Privacy Policy .
Orders
We will take all reasonable care, within our power to do so, to keep the details of your order and payment secure. However in the absence of negligence on our part we cannot be held liable for any loss if a third party gains unauthorised access to any data you give when accessing or ordering from our Website.
Contract creation and electronic contracting
The contract will be in English.
A contract between you and Kunzea Tasmania is created following these steps:
You place an order for products on the Website by pressing the confirm/submit button at the end of the checkout.
We will send you an email confirming the order and the products you have selected.
Order acceptance and the completion of the contract will happen when the products ordered are dispatched to you, unless we have advised you that we do not accept your order or you cancel the contract.
Non-acceptance of an order may be due to:
The product/s ordered being unavailable; our inability to get authorisation for your payment; a pricing or product description error; and/or you not being eligible to order.
Contract cancellation
You are entitled to cancel this contract if you wish, as long as you do so before receiving the email that credit card payment has been successful. If you want to cancel the contract after your payment has been made, please follow the process in our refunds policy.
Refunds policy
See our refunds policy
Description of products
Each product is sold subject to its product description which outlines specific information related to that product.
We make every effort to display and outline as closely as possible the specification of products on the Website. However, the actual colours for example that you see depends on your monitor, which is not in our control.
We will make very effort to ensure that all details, descriptions and prices of products on the Website are correct at the time when the information is entered. We aim to keep the Website as up to date as possible, but the information including product descriptors or photos, may not always reflect the situation exactly at the time you make an order.
Limitation of liability
While we will make reasonable efforts to verify the accuracy of any information on the Website, we make no warranties, express or implied, about its accuracy. The Website is provided on an 'as is' basis and we make no warranties of any kind, in relation to the Website, or any transaction that may occur on or through the Website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will be uninterrupted, error-free, that defects will be fixed, or that the site or the server are free of viruses or bugs or represents the full functionality, and reliability of the Website. We will not be responsible or liable to you for any loss of content uploaded or transmitted through the Website.
To the fullest extent permissible under law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not impact on your statutory rights as a consumer, nor does it impact your contract cancellation rights. See our Website content disclaimer.
We will not be liable, in contract, pre-contract, other representations, or otherwise, out of or connected with the Terms for:
any financial losses (including but not limited to loss of income, profits, contracts, business or expected savings); or any loss of goodwill or reputation; or any specific or indirect losses arising out of or connected to any matter under the Terms. Nothing in the Terms will exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants or employees. Should of any part of the Terms be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed to be severable from the Terms and will not impact the validity and enforceability of any of the remaining Terms.
Survival and waiver
Each provision of the Terms will be viewed as separately applying and surviving even if for any reason one or more of these provisions is inapplicable or unenforceable in any situation.
No waiver by us will be seen as a waiver of any proceeding or succeeding breach of any Term.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to obey all laws, statutes and regulations relating to the Website and any transactions processed on or through the Website.
Entire agreement
These Terms and Conditions oversee our relationship with you. You confirm that, in agreeing to accept the Terms, you have not relied on any representation save, insofar as the same has expressly been made a condition of these Terms and you agree that you will have no remedy in respect of any representation. Your statutory rights are not impacted by these Terms and Conditions. Nothing in this clause will limit or exclude our liability relating to any fraudulent or negligent misrepresentation whether or not such has become a condition of the Terms.
Law
The Terms will be governed by and read in accordance with Australian law and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.
