Terms and Conditions
Last updated: October 6, 2021
Please read the following Terms and Conditions carefully.
These terms and conditions (the “Terms and Conditions”) govern the use of this Website. By accessing this Website, you agree with the Terms and Conditions outlined in this agreement.
Interpretation & Definitions
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Headings and fonts in these Terms and Conditions are for convenience only and do not affect interpretation.
For the purposes of these Terms and Conditions:
us, we, our and/or Company means Art at Heart Pty Ltd as Trustee for the Bonvie Trust, trading as Heart Press.
you and/or your means the individual accessing or using, or the company, or other legal entity on behalf of which such individual is accessing or using the Website or associated Services.
Account means a unique account created for You to access our Service or parts of our Service.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Goods means any product(s) or merchandise, whether physical or digital, available for purchase on the Website.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website and any and all processes involved in obtaining and delivering Goods purchased by you.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
Code of Practice
Goods & Services. We will use all reasonable care and skill to provide the Goods and/or Services as described on our Website.
Service Provider Selection. We may use independent Service Providers to assist in providing Services with you. We will take reasonable care in selecting Service Providers. We are not responsible for the actions or omissions of such Service Providers.
Accurate Information. Both you and we will ensure all information provided to the other party is as accurate as possible and as known at the time. If relevant information (including but not limited to contact information) changes, the other party must be notified in a reasonable amount of time.
Courtesy. Both you and we agree that all interactions (including but not limited to video calls, phone calls, emails, instant chat, comments section) will be conducted civilly and respectfully at all times. Under no circumstances will either party:
- Harass or mistreat any users, staff, or affiliates of our Website.
- Violate the rights of any users, staff, or affiliates of our Website.
- Violate the intellectual property rights of Heart Press or any third party associated with us.
- Hack into the account of another user of the Website.
- Use the Website illegally or for illegal purposes.
- Act in any way that could be considered fraudulent.
- Post any material that may be deemed inappropriate or offensive.
Complaints. Please notify us at https://heartpress.com.au/contact/ if you experience any difficulties or problems with any Goods, Services, and/or staff.
Unless stated otherwise, all content published and made available on the Website is the property of the Company, Heart Press. This includes, but is not limited to, images, text, logos, documents, and downloadable files.
Currency. Amounts payable must be in Australian Dollars. Prices quoted are inclusive of GST unless otherwise stated. Any currency conversion costs, fees or charges are your responsibility to pay and apply in addition to the purchase amount.
Discounts, Coupons & Vouchers. All discounts, coupons and/or vouchers are under the following conditions:
- Redeemable only for the Goods and/or Services specified with the discount, coupon or voucher.
- Valid for only one use, unless otherwise stated.
- Discounts, coupons and/or vouchers cannot be used in conjunction with other discounts and/or coupons.
- Discounts, coupons and/or vouchers cannot be used in conjunction with credit vouchers.
- Discounts, coupons and/or vouchers are only valid for use in the time frame specified.
Replacement and Refund Policy
Change of Mind. We do not provide any refunds if you change your mind or choose the wrong Goods. All sales are final.
Replacements & Refunds. We only accept replacement or refunds when:
- Goods are damaged in transit, or
- the incorrect Goods were sent to you, or
- required by law.
Consumer Rights. This agreement does not in any way undermine your consumer rights.
Postal Charges. You will not be charged any additional postal charges if you receive replacement Goods. Any postage, shipping and/or handling costs are non-refundable. If you receive a refund, the cost of any postage, shipping and/or handling will be deducted from your refund.
Replacement and Refunds Process
To obtain a replacement or refund, you must contact us at https://heartpress.com.au/contact within 14 days of receiving your Goods or on which a third party you have appointed, who is not the carrier, takes possession of the Goods. Delivery to you nominated address or local parcel collect is deemed as the date you receive your Goods.
You must also return the incorrect or damaged Goods to us at your expense.
For a speedy resolution, please include the following details in your message to us:
- The name and email address used when placing the order.
- Your order number.
- A description of how your Goods were damaged or what Goods were incorrectly sent to you.
- Tracking details for the returning of the Goods
After we have received your message, we will respond via email within 14 business days to either obtain further information or update the status of your request. Requests will not be accepted until we receive the returned Goods.
If your request is accepted by us, we will send replacement Goods to you within 30 business days of accepting your report.
If replacement Goods cannot be sent to you within 30 business days of accepting your report, we will notify you by email. You may have the choice of waiting for the Goods to be available or receiving full refund of the purchased price. In the latter circumstance, your refund will be processed within 14 business days after you inform us by reply email of your choice. Once you inform us of your choice, you may not change it.
All information on the Website is provided in good faith, however we make no representation or warranty of information on the Website. Under no circumstances shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the Website, or reliance on any information provided on the Website, or reliance on any information contained in or associated with any of our Goods.
Third Party Content. Any opinions, advice, statements, offers, or other information or content expressed or made available by third parties are those of the respective authors and not of us.
External Links. The Website may contain (or you may be sent through the Website or through communication from us to) links to other websites or content belonging to or originating from third parties. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy of reliability of any information offered by third-party websites linked through the Website or through communication from us. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of goods, products, or services.
Testimonials. The Website may contain testimonials by users of our Goods and/or Services. These testimonials reflect the real-life experiences and opinions of such users. We do not claim, and you should not assume, that all users will have the same experiences. The testimonials on the Website appear verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contains in the testimonials belong solely to the individual user and do not reflect our views and opinions. Users are not paid or otherwise compensated for their testimonials.
Non-compliance. If you do not comply with any of the above conditions, We reserve the right to refuse any Goods and/or Services to You, or to impose different or additional conditions.
Amendments. We may update our Terms and Conditions from time to time. We will notify you of any changes by posting the new Terms and Conditions on this page. You are advised to review these Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on this page.
Governing Law. These Terms and Conditions are governed by the laws of the State of Queensland in Australia.
Disputes. If any dispute arises between you and us, the laws of the State of Queensland in Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia in Queensland and waive any right that you may have to object to an action being brought in those courts.
Limitation of Liability. To the extent permitted by law, Heart Press excludes any liability for any injury, damage, or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special, or consequential loss or damage) sustained by you or any other person, or for any costs, charges, or expenses incurred by you arising from or in connection with this agreement and any act or omission by Heart Press. We accept no liability for any failure by us to comply with these Terms and Conditions when such failure is due to circumstances beyond our control.
If you need to contact us for any reason, please do so by visiting this page on our website: heartpress.com.au/contact