Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to Verticality Pty Ltd (Trading as Wilderbean). Your access to and use of all information on www.wilderbean.com.au (Website) including purchase of our product/s is provided subject to the following terms and conditions.
Please read these terms and conditions before accessing or using the Website. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Website. You accept these terms and conditions when you use the Website.
We reserve the right to amend these terms and conditions at any time and your use of the Website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our Website you read these terms and conditions.
Our Website Services
1. All prices are in Australian Dollars (AUD) and are exclusive of GST. If GST becomes payable on any supply made or provided, on which GST is not payable at the date of these terms and conditions, you will be liable to pay us an additional amount equal to the value of consideration for the supply multiplied by the then prevailing GST rate.
2. We endeavour to ensure that our price list is current. Our price list can be accessed from our “Shop” page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
3. We strive to ensure that our products are described as accurately as possible on our Website. Where we become aware of any inaccuracy, we reserve the right to make corrections.
4. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design relating to that product.
5. Any order placed through the Website for a product is an offer by you to purchase the particular product for the price notified (excluding the delivery and other charges and taxes) at the time you place the order.
6. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our Website.
7. Delivery is an additional charge, calculated at the time of purchase.
8. When you order from us, we require you to provide us with current, complete and accurate details including your name, address for delivery, your email address, telephone contact and credit card details. We undertake to treat this information with due care however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
9. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.
10. Payment for an order through the Website must be made by credit card.
11. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
12. Delivery timeframes and methods for your ordered product/s will be as set out on our Website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the “Shop” page.
13. All risk of loss or damage to the goods passes to you when we (or our nominee) despatch the goods.
Acceptance or rejection of an Order
14. We reserve the right to accept or reject your order for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the Website, or an error in your order. If we reject your order, we will endeavour to notify you within a reasonable time after you submit your order. Where your credit card has been charged, we will refund your credit card for the total amount debited.
15. Each order for products placed through the Website that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.
16. We undertake to replace any product delivered to you that is faulty. If you wish to return a faulty product, you must notify us at email@example.com.
17. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase excluding delivery charges.
18. When you visit our Website, we give you a limited licence to access and use our information for personal use only.
19. You are permitted to download a copy of the information on this Website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
20. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Website without our prior written permission.
21. The licence to access and use the information on our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Website without our prior written permission.
22. We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
the frequency and nature of any downloads; and
the time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
23. This Website may from time to time contain hyperlinks to other Websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance, by any linked Website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through that website. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Intellectual Property Rights
25. Unless otherwise indicated, the copyright to all content on the Website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. All rights are reserved by us.
26. All trade marks, brands and logos used on this Website are either owned by us or we have a licence to use them. Your access to our Website does not license you to use those marks in any commercial way without our prior written permission. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
27. Whilst we have taken all due care in providing the information on our Website, we do not provide any warranty either express or implied concerning the information.
Quality of the Website
28. We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications from us cannot be guaranteed.
Statutory Guarantees and Warranties to Consumers
29. As a supplier of goods in Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Limitation of Liability
30. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the re-supply of the goods or payment of the costs of having those goods supplied again.
31. We do not accept liability for anything contained in the post of a user on our Website or in any form of communication which originates with a user and not with us.
32. We do not participate in any way in the transactions between our users.
33. By accessing our Website, you agree to indemnify us and our employees, agents and subcontractors from and against any claims and all loss, actions, damages, costs and expenses including legal fees suffered or incurred by us from or in connection with your use of our Website.
34. If a Force Majeure event causing delays in processing orders continues for more than 30 days, we may reject your order by giving at least seven days’ notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
35. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria, Australia and you agree to submit to the jurisdiction of those Courts.
36. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary a void, illegal or unenforceable provision of these terms may be severed without affecting the enforceability of the other terms.