Terms and Conditions

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Terms and Conditions 2018-07-11T19:38:46+00:00

Better Earthing Terms & Conditions

Welcome to our website. By using this website, you are agreeing to comply with and be bound by the following terms and conditions of use. If you disagree with any part of these terms and conditions, please do not use our website.

Terms

This is an Australian website owned and operated by Texocare Pty Ltd (ACN: 126 617 436,). Throughout the site, the terms “we”, “us” and “our” refer to Better Earthing (our Registered Trading name) and Texocare Pty Ltd). The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website (and E-newsletter) is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

We do our best to ensure accurate and quality content, however you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website (or E-newsletter) meet your specific requirements.

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 , Better Earthing’s liability for any breach of a term of this agreement is limited to: the supplying of the goods to you, and any repair or replacement of goods to you.
You must be over 18 years of age to use this website and to purchase any goods and services.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Products

Our products are available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy, and in accordance with Australian consumer protection legislation.

We have made every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Within the bounds of Australian consumer protection legislation, we reserve the right to void or limit and order and the sale of our products to any person, geographical region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer or sell. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any services, information, or other material obtained by you will meet your expectations, or that any errors will be corrected. Please note we provide a 2-year warranty, and a 1-year money back guarantee on our products as covered below.

Shipping

Products are shipped between Monday and Friday within Australia at a flat rate of $10.00 via Australia Post or other reputable courier companies. For your convenience, please ensure that someone is able to receive your items at the shipping address that you specify. For security, our shipments to you need to be signed for .

Please allow up to 3-10 business days for delivery within Australia.

Orders are processed promptly upon receipt of full payment.

Where Australia Post or our courier have attempted to ship the products to you without success, and then return the products to us as ‘Un-Deliverable’, you may either receive a full refund for the products orders minus the shipment costs, or we can reship the order to you after collecting an additional shipment fee.

For international shipping please see our Shipping and Returns page.

Incorrect Shipping Address

If you have typed the wrong shipping address and the product is returned to us, you must pay for the re postage prior to re dispatch. If you have typed the wrong shipping address and the product is lost in transit or not received by the rightful owner no refund will be offered or authorized. As a goodwill gesture we may decide to supply a replacement product to you (at your correct address) at a heavily discounted cost to you.

Changes to Order

Changes must be made promptly and directly to a Customer Service Representative on our telephone number/s listed on our website. If the order has already been shipped we cannot change the order and you will need to go through the returns process. We can help you with this by phone. If additional information is needed, you can email us at [email protected]

Returns and Refunds

Better Earthing handles refunds in accordance with the Australian Consumer Protection legislation.

We offer a 1-Year Money-Back Guarantee on all Better Earthing products. Please see Our Guarantee page for details.

We give a 2-Year Repair or Replace Warranty on almost all of our products (including accessories), with a few exceptions. Earthing Pillowcases and Earthing wraps have a 1-Year Warranty as these products are subject to tougher conditions.  Please see our Warranty page  for details.

Backorders

When ordering multiple products and one or more items are on backorder, the entire shipment will be held until all items can be shipped together unless Customer Service is contacted to request otherwise. If shipped separately additional shipping charges may apply.

Defects

Defective returns under Warranty does not include returns for incompatibility. Better Earthing reserves the right to replace defective parts or to issue a refund when seen fit, in accordance with Australian Consumer Protection legislation.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.

Typographical Error

In the event that an item is listed at an incorrect price, Better Earthing reserves the right to withdraw an item from sale, and to refuse or cancel orders.

Better Earthing shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. Better Earthing will make all reasonable effort to contact the customer using the details provided and all received monies will be promptly refunded via the payment method received. This means any credit that may be applicable will be refunded to the credit card originally used to purchase the goods.

Claims

TGA Statement

Information within this website is for educational purposes only. Statements on this site have not been evaluated by the Australian Therapeutic Goods Act. Products and information on this site are not intended to diagnose, treat, cure or prevent any disease. Better Earthing representatives are not medical doctors and cannot make claims or give medical advice.

Copyright

All content appearing on this website (and E-newsletters) is owned by us or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, logo, graphics. You are not permitted to reproduce the documents, information or materials on the website for the purpose of sale or use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise distribute any of the materials, documents or products that may be available for download from time to time on this website.

As a user, you are authorised only to view, copy and print documents on this website so long as it is for personal and non-commercial use; you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Links to Other Websites

Our website may from time to time contain links to other websites or information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement or approval or arrangement between Better Earthing and the owners of those websites. Better Earthing takes no responsibility for any of the content found on the linked websites.

Better Earthing’s website may contain information provided by third parties for which Better Earthing accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without endorsement. We shall have no liability whatsoever arising from or related to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through our Better Earthing website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms and conditions.

User Feedback and Other Submissions

If, at your request, you send certain specific submissions (for example contest entries), or without our request you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (Collective, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, inflammatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Better Earthing or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Disclaimer

To the fullest extent permitted by law, Better Earthing absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties or merchantability and fitness for any particular purpose. Better Earthing gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

Your Privacy

We are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. Better Earthing respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully.

If you believe that any of the information we have about you is incorrect or incomplete, please email us as soon as possible at [email protected]

Security Policy

We take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, SSL encryption, passwords, anti-virus software, and email filters act to protect all our electronic information.

We do not store credit card information, we securely submit credit card information to our bank for processing.

Third parties

We will not sell, distribute or lease your personal information to third parties. We may, however use data in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and its services but not for any other use.

Agreement

These terms and conditions represent the whole agreement between you and Better Earthing concerning your use and access to Better Earthing’s website and your use and access to documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

These terms and conditions and any separate agreements whereby we provide you services shall be governed and construed in accordance with the laws of Queensland, Australia and you agree to submit to the exclusive jurisdiction of the courts of Queensland.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

We may revise these Terms and Conditions from time to time.

Please contact us on [email protected] if you have any questions, problems or feedback regarding our website.

Thank you

Peter, Corrina & the Better Earthing Team