TERMS AND CONDITIONS OF SALE

Hello from Greenstorm Foods Pty Ltd, trading as "Austral Herbs" (ABN 90 655 386 646). We're thrilled to have you explore and purchase our delightful range of dried herbs and spices. When you shop with us at https://www.australherbs.com.au/, these Terms and Conditions of Sale, along with our Terms of Use, Refund Policy, and Privacy Policy, will guide our relationship. Let's make your shopping experience smooth and enjoyable!

A sale contract for the sale and supply of all goods and services can be made by you making an offer to us via our Site, to purchase goods and services (Order) at the specified price, subject to these T&C’s.

1) Orders

Order constitutes offer

By placing an order through this Site, you make an irrevocable offer to us to purchase the products that you have selected pursuant to these Website Terms of Use. Information contained in this Site constitutes an invitation to treat only. No information in this Site constitutes an offer by us to supply any products to you – however, the Company will endeavour to supply your selected products to you.

You are required to report any errors or discrepancies prior to formal confirmation of your order. Once the order is confirmed, any changes or corrections may incur additional costs.

We will not commence processing any order made through this Site unless and until:

• payment for the order has been received by us in full; and
• the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

• at any time prior to your order being accepted in accordance
  with these Website Terms of Use, cancel all or part of your order; and
• refuse to provide products to you;
• terminate your access to this Site; and/or
• remove or edit any content on this Site.

Acceptance of orders

You will receive an email once your Order has been confirmed and payment has been made. If you have any questions
regarding your Order please contact customer service.

If for some reason we are unable to accept your Order we will notify you by telephone or email and arrange for a full refund of any payment made by you.

Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If we are unable to supply a particular product, we will notify you by telephone or email as soon as possible.

Acceptance of each order will take place if and when the Company ships the requested items to you, at the time at which the items are despatched by the Company. Title to, and risk in, the items will pass from the Company to you at that time. After the items have been sent, we will send you an email confirming that shipment has taken place.

2) Prices

The Company reserves the right to change the prices for products
displayed in this Site at any time before you place an order.

Shipping costs

Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout.

GST

Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

3) Payment Methods

Payment for orders placed through this Site may be made:

• by credit card processed online using the secure Shopify payment
  gateway; or
• by credit card processed online using the secure Paypal payment
  gateway; or
• via direct bank deposit by electronic funds transfer (EFT).

Credit and debit card payments

It is not necessary to have a Shopify or Paypal account in order to make a purchase on this Site. All major credit cards and debit cards are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.

Payment by EFT

If you are eligible and elect to pay for an order by direct deposit using EFT, after your order has been submitted, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.

Security

While Shopify Payments, Paypal and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than the Company.

The Company may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as the Company considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Trade Credit Accounts

This clause shall apply where you seek to have an Order placed on a credit account.

You acknowledge and agree that:

• orders sought to be placed on a credit account shall not take effect until you have completed a credit application with the Company and it has been approved with a credit limit established for the account
• in the event the Order request exceeds your credit limit and/or the account exceeds the payment terms, the Company reserves the right to refuse to accept the order or to make delivery;
• you must promptly advise the Company in writing of any proposed changes to the Business, Company or Trustee;
• the credit account must be paid within 30 days from the date of invoice;
• interest on all overdue accounts will be charged at 2% above the rate notified by National Australia Bank from time to time as being that bank’s indicator lending rate calculated from the due date for payment of the amount up to and including the date of payment;
• debt collection costs (including legal expenses and debt collection commissions) incurred by the Company in obtaining payment will be paid for by you and will become a debt owed by you to the Company;
• the Company may suspend or withdraw your credit account and refuse to supply goods on the credit account at any time if in the Company’s reasonable opinion there is cause to do so.

4) Supply and Delivery

Subject to your delivery location, items which are marked as ‘in stock’ are otherwise available for delivery and will be sent to your nominated delivery address within 14 business days of your order being processed. 

If we notify you that we are unable to deliver your Order which was listed on our Site as ‘in stock’ within 10 business days of receipt of your Order, or 20 business days for those items listed on our Site as ‘available to order’, due to lack of stock,  you may cancel your Order without charge, and we will arrange for a full refund of any payment made by you to be processed.

Delivery by Post or Carrier

The delivery address must be an address within Australia or New Zealand and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.

Once your Order has been received and processed by us it will be dispatched to your specified delivery address generally within 3 business days of the date you placed your Order. 

Products are shipped via Australia Post, and delivery times can vary depending on your location as well as the demand on their services. Typically goods arrive within 10 business days no matter where you are within Australia though you can check out estimated delivery times by clicking, here.  Our post code is 2354.

For those orders which are urgent we may be able to arrange delivery via courier. Unfortunately, once your order is in the courier’s hands, it’s out of ours - so always let us know as soon as possible if you need speedy shipping. We're not located inside the Australia Post networks reach though if goods are shipped via express post, parcels are prioritised as soon as they reach the Australia Post depot in Syndey our closet capital city.  

If you still haven’t received your online order after 10 days, please contact us and we’ll launch an investigation.  We’re known for our detective prowess, and most lost or missing parcels can be tracked down (or simply show up at our warehouse if there are issues with delivery). So, don’t hesitate to email us at contactus@australherbs.com.au with any concerns.

We will not accept responsibility for delivery failures or delays by our third party delivery contractor.

Shipping to New Zealand

It is the customer's responsibility to ensure that products ordered are suitable for importing to New Zealand. If goods are seized by customs on entry, the customer is liable for for charges and products costs.

For further information, please refer to this list: Stored Plant Products for Human Consumption

All Seed products may require inspection on arrival.

Please note - the link provided above may not be a comprehensive list or only source of guidance for every product available that may have import restrictions.

5) Damaged or faulty Products and Refund Policy

Title and risk in the ordered goods, such as loss and damage, pass to you on delivery or collection, as the case may be.

You must inspect the goods on
delivery. Good will be deemed to
have been accepted by you of you do not notify us in writing, within seven (7)
days of delivery, of any
evident defect/damage, shortage in quantity, or failure to comply with the
description set out in any Order.

If any item ordered by you arrives damaged or is not of acceptable quality you may have:

(a) rights under our Refund Policy;

(b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or

(c) to have the item replaced or to receive a refund of the price paid by you for the item.

If your Order arrives damaged, please visit our Refund Policy page. 

The sale of the Goods may be subject to certain laws, including the Australian Consumer Law.  The Australian Consumer Law provides a buyer with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose which the Seller represents they will be fit for, and that the Goods will correspond with any relevant description.  Nothing in these Terms shall be read or applied to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

Refunds and other remedies

Except as expressly provided otherwise in these Terms, all amounts paid through this Site are subject our Refund Policy. 

Order Enquiries

If you have any query about the progress of your Order please contact customer service.

6) Limitation of Liability and Indemnity

To the extent permitted by law and subject to clause 5, all conditions or warranties (whether express or implied by statute or common law or arising from conduct or by previous course of dealing or trade custom or trade usage or otherwise) as to the quality of the goods or their fitness for any particular purpose (even if that purpose is made known expressly or by implication to Austral Herbs) are hereby expressly excluded.

Any advice, recommendation, information, assistance or service provided by Austral Herbs in relation to the good sold is given in good faith, is based on our own knowledge and experience and shall be accepted without liability on the part of Austral Herbs, and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the goods.

Without limitation to the foregoing, we makes no representation, and provides no warranty or guarantee, that the Customer will achieve any particular results from the provision of the goods.

Nothing in these Conditions excludes, restricts or modifies the application of the ACL and any rights which the Customer may have thereunder.

To the fullest extent permitted by law, Austral Herbs’ liability for any breach of a consumer guarantee implied by the ACL (and which cannot be excluded) shall be limited to any one or more of the following (as determined by Austral Herbs in its absolute discretion):

Subject to any rights which the Customer may have under the ACL, Austral Herbs accepts no liability for any loss, damage, cost, loss of profits, anticipated savings, wasted expenditure, loss of contracts with third parties, goodwill or any type of loss, suffered by the Customer and whether or not we were aware that such loss was possible or such loss was otherwise foreseeable, whether such loss arises from any representation, recommendation or advice made or given in relation to the goods, the use of the goods, or the failure by Austral Herbs to observe and fulfil its obligations under these terms or otherwise. Notwithstanding this, should Austral Herbs be held liable for any loss by a court of competent jurisdiction, such liability is limited to that of the Price paid for the goods or services.

The Customer shall indemnify Austral Herbs for and in respect of claims by any third party under the ACL in relation to the goods which arise from, or can be attributed to, a breach by the Customer of these terms, or a negligent, fraudulent or unlawful act or omission of the Customer, its employees, agents or contractors.

Austral Herbs will defend, indemnify and hold the Customer harmless against all liability and expenses arising from any claims brought by third parties (including our employees, representatives and other agents) against the Customer which relate to failures in the goods due to the negligence, omission, misrepresentation or wilful acts of Austral Herbs, our employees, representatives and other agents, in connection with these terms.

7) Consequential Loss

To the extent permitted by law and subject only to any express exceptions contained in these terms, Austral Herbs will not be liable for any form of loss, damage or expense sustained or incurred by the Customer or any other party in consequence of or resulting directly or indirectly out of the supply of goods or Services by Austral Herbs, the use or receipt of goods or Services, any breach by Austral Herbs of any Contract incorporating these terms, or the negligence of Austral Herbs. Without limiting the generality of the foregoing, Austral Herbs is not liable in any circumstances whatsoever (including any fault or default of Austral Herbs) for any indirect or consequential losses (including loss of goodwill, business or anticipated savings), loss of profits or use, any rectification costs or any third-party claims in connection with the goods, Services or a Contract.

8) Promotions and Discounts

Discount Codes: We love giving you deals! But remember, you can't use discount codes in conjunction with other offers, and they're only for full-priced items.

Enjoying Our Offers: Keep an eye out for our special promotions – they're our way of saying thanks for choosing Austral Herbs!  Please note our promotions run for limited time only and are not offered outside of the times listed.

For our valued Trade Customer Accounts, we'd like to highlight that the promotions, discounts, and shipping rates you see on our main website are not applicable for orders placed through our Trade portal. Don't worry, though – this is because we've already tailored special pricing just for you, ensuring you're getting the best possible deal every time you order with us.

Promotions: Winner of the Naturally Good Expo 'Scan to Win' Competition was drawn at random on Thursday 13th June 2024. "S.Baguley, NSW" was the recipient of the $500 VISA card. 

Winner of the Austral Herbs Trade Promotion Competition 2024 was drawn at random on Tuesday 2nd July 2024. "J Elliot from Zee Tea" was the recipient of the $500 VISA card.