Terms & Conditions
Terms & Conditions
This Heart Affair Shopping site at www.heartaffair.com.au, (the “Site”) is a shopping website where you can browse, select and order products from Heart Affair (ABN 69 45297 4269 ) (“us” or “we”)
Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
Placing an Order for Products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (plus the delivery and other charges and taxes) at the time you place the order.
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 Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site.
Acceptance or Rejection of an Order
In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
Each order placed for Products through the Site 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; and
provide you with an email confirmation of that order.
If we reject an order placed through the Site, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Because our giftware range changes regularly we cannot always guarantee availability of stock. If we do not have the stock at time of ordering we will credit your account.
If we do not have an item we will notify you of the following:
if available its delivery date;
Offer you a credit back into your account
Offer to hold you’re your until the full your order can be delivered or send separately
With our fragrant range of goods we will make reasonable endeavors to fill your order within 14 days. (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
Our Back Order Policy is incorporated into these terms and conditions. Should you have any queries please contact us on email@example.com
Delivery of Products
We will only deliver Products ordered through the Site to a location where Australia Post provide delivery services.
You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
All goods will be shipped via Australia Post either by registered mail or using an Express Post Pack using a tracking number. This number will be forwarded to you by email for your reference and tracking. From time to time we may us a courier service.
We want you to love our products and enjoy your shopping experience with us. Should something not be right, please contact us on 0402 824 447 or email firstname.lastname@example.org. We’ll try to fix the issue for you as simply and quickly as possible.
It should be noted that a lot of our giftware is handcrafted and hand finished. Minor variations or sizes, designs and finishes are inherent characteristics of hand crafted products and they should not be considered as defects
We do not refund if you change your mind about an item. If you change your mind before the items has been shipped we will credit your account less any applicable merchant fees.
If an item is faulty, wrongly described or different from a sample shown then we will meet our legal obligations which may include refunding the purchase price and delivery charges or providing a replacement product, provided the item is returned within a reasonable time with proof of purchase.
To return a faulty the item please call us on 0402 824 447 or email email@example.com within 7 days of receipt of goods.
We may ask you to take a photograph of the item and its faults and send it to us by email firstname.lastname@example.org detailing the faults and wait for further instruction, or:
ask for the item to be sent back to us at your expense
Seek approval for the postage cost
if the items is found to be faulty we will credit the postage cost (that we agree to in writing prior to returning of the goods)
We will respond with an acknowledgement to your email within 5 days and advise you of the next steps
To verify the purchase you will need to provide us with your name, address and payment method.
Once we have received the item/photographs and verified it is faulty, wrongly described or different from a sample shown, we will refund the full purchase price. Refunds will only be credited to the original purchaser by the same method as payment was revived. (i.e. PayPay or direct bank deposit).
Please note that purchases made online cannot be returned to any of our authorsied distributors. These terms and conditions do not vary your statutory rights.
Cancelling an Order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you, for that cancellation at any time if:
the Products in that order are not available; or
there is an error in the price or the product description posted on the Site for the Product in that order; or
that we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
You may cancel an order (whether it is accepted by us or not) by contacting us on 0402 824 447 between 8:30 am and 6:00 pm. any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you the order cannot be canceled.
Fees and Charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Productsinclude GST where applicable.
The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product and we are not obliged to match any prices.
Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order. If you cancel an order then: we will refund any amounts paid by you for that order/portion of order cancelled;
We accept the following payment methods for goods ordered:
Direct bank Deposit or: PayPal;
If we are unable to successfully process your account or PayPal payment for your order that is accepted by us, then we may cancel your order.
If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated bank account or PayPal account.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us by emailing email@example.com.
If you notice damage to a Product after delivery, you should notify us within 7 days of delivery. If so, you may return the product to us in accordance with this clause.
You must first contact us on 0402 824 447 or email firstname.lastname@example.org.,au.
Our Returns Policy is incorporated into these terms and conditions. You can view our Returns Policy. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.
Subject to clause 3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for
Subject to clause 3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
in the case of services: the resupply of the services; or the payment of the cost of resupply; and
in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.