Definitions
“Gone Balmy” means any person acting on behalf of and with the authority of Gone Balmy.
“Client” means the person/s ordering the Product/s as specified in any invoice, document or order, and if there is more than one Client, there is a reference to each Client jointly and severally.
“Retailer” means business/entity ordering the Product/s as specified in any invoice, document or order, and if there is more than one Retailer, there is a reference to each Retailer jointly and severally.
“Product/s” means all Product/s or Materials supplied by Gone Balmy to the Client and/or Retailer at the Client’s request from time to time (where the context so permits the terms ‘Product/s’ or ‘Materials’ shall be interchangeable for the other).
“Price” means the Price payable for the Product/s as agreed between Gone Balmy and the Client in accordance with clause 4 below.
Acceptance
The Client and/or Retailer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client and/or Retailer places an order for or accepts delivery of any Product/s.
These terms and conditions may only be amended with Gone Balmy’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and/or Retailer and Gone Balmy.
Price and Payment
At Gone Balmy’s sole discretion the Price shall be either:
Indicated through website and other online social media outlets, quotes, orders and invoices provided by Gone Balmy to the Client and/or Retailer in respect of Product/s supplied.
Gone Balmy reserves the right to change the Price:
if there is variation in cost price of the Materials which are to be supplied is requested.
Payment may be made by electronic/on-line banking, Visa, Mastercard, PayPal, AfterPay,
Unless otherwise stated the Price will include GST. In addition to the Price the Client and/or Retailer must pay to Gone Balmy an amount equal to any GST Gone Balmy must pay for any supply by Gone Balmy under this or any other agreement for the sale of the Materials. The Client and/or Retailer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client and/or Retailer pays the Price. In addition, the Client and/or Retailer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
Delivery of Products
Gone Balmy’s responsibility is to ensure that Product/s are formulated within 5 business days. Following this the Client and/or Retailer will receive a confirmation email, advising shipping details. Please note this timeframe is Gone Balmy’s expectation, as all Product/s are handmade.
LIMITATION OF LIABILITY
- Gone Balmy does not take responsibility, advertise or is associated with medical practitioner and/or expert to cure any medical conditions.
- Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
- All information on Gone Balmy’s website is meant for educational and informational purposes only. Products and/or information are not intended to diagnose, cure, treat, or prevent any disease. Readers are advised to do their own research and make decisions in partnership with their health care provider. If you are pregnant, nursing, have a medical condition or are taking any medication, please consult your physician
Returns and Refunds
Any discrepancies must be reported within 5 business days of receiving your order. No returns or exchange will be allowed after 5 business days upon receiving your order. Upon satisfaction of Gone Balmy and the stability and nature of the Product/s and/or Materials be altered depending on storage conditions, return freight costs will be included in refund/credit.
Errors made by Retailers when placing their order can be returned if reported within 5 business days and Product/s and/or Materials are unopened. This will incur a 20% restocking fee. This includes change of mind returns also. Product/s and/or Materials must arrive in re-saleable condition. Return freight will be at Retailers expense. 20% Restocking Fee covers costs of time and labour involved with returning goods to the warehouse.
Product/s must be re-packed carefully for return and the package must include a letter identifying your invoice number, name, contact information as well as why the goods are being returned. Whether you require a credit or a replacement, it is extremely important to provide as much detail as possible about what you are returning so that the return can be processed accurately & promptly.
We do not accept cancellations and returns for change of mind on items.
Except as expressly set out in these terms and conditions or in respect of these terms and conditions including but not limited to the quality or suitability of the Product/s.
General
The failure by Gone Balmy to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Gone Balmy’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland in which Gone Balmy has its principal place of business, and are subject to the jurisdiction of the courts in Queensland.
Gone Balmy shall be under no liability whatsoever to the Client and/or Retailer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client and/or Retailer arising out of a breach by Gone Balmy of these terms and conditions (alternatively Gone Balmy’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Product/s).
The Client and/or Retailer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client and/or Retailer by Gone Balmy nor to withhold payment of any invoice because part of that invoice is in dispute.
Gone Balmy may license or sub-contract all or any part of its rights and obligations without the Client and/or Retailer consent.
The Client and/or Retailer agrees that Gone Balmy may amend these terms and conditions at
any time. If Gone Balmy makes a change to these terms and conditions, then that change will
take effect from the date on which Gone Balmy notifies the Client and/or Retailer of such
change. The Client and/or Retailer will be taken to have accepted such changes if the Client
and/or Retailer makes a further request for Gone Balmy to provide any Product/s to the Client
and/or Retailer.
This Agreement shall be governed by and construed in accordance with the laws of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.