In these Terms and Conditions "we" and "us" mean Blue Spinach Pty Limited ("Blue Spinach") of 348 Liverpool Street, Darlinghurst, New South Wales, Australia, 2010 and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
If you are under the age of eighteen (18) years you cannot place orders with Blue Spinach. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Blue Spinach suffer any damage or other losses as a result of a transaction entered into by a minor, Blue Spinach reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Blue Spinach.
Process to placing your Order:
You may place an Order by filling in the Order Form on the Blue Spinach website and clicking the "Submit My Order" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these terms and conditions. Information contained on the Blue Spinach website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email. However, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed. This is done for the purpose of preventing credit card or payment fraud. Blue Spinach reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and absolute discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email.
Payment and Processing:
Blue Spinach currently accepts Mastercard, Visa, American Express and Paypal only. If you wish to pay via direct deposit you must contact us at email@example.com for details and Blue Spinach in its sole and absolute discretion will determine whether it will accept payment by direct deposit. Payments by you via our website are processed using ANZ E-Gate.
Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday to Friday, excluding New South Wales Public holidays. We process credit card and PayPal payments after you click the "Submit My Order" button. For credit card and Paypal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase. All prices quoted on Blue Spinach's website are in Australian Dollars (AUD) and all orders are processed in Australian Dollars (AUD). Please be aware that you may be required to provide further identification for additional security reference checks.
All Blue Spinach purchases include GST unless a Product has been purchased by an international customer who spends less than the threshold of one thousand dollars (AUD $1,000.00). International customers who do not spend more than the above threshold are not required to pay GST. If relevant the GST will be automatically deducted from your order prior to purchase after you have selected your destination country for delivery.
Blue Spinach always seeks to list Products with the most competitive prices. Blue Spinach reserves the right to change prices for Products displayed at Blue Spinach's website at any time before you place an Order. The price of products shown excludes shipping costs for international shipping (no shipping costs for shipping within Australia). The shipping cost is a separate charge which is shown on the product page and is calculated as a fixed cost for international shipping if deemed to be a standard size.
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
Fraud – credit cards:
While Blue Spinach employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, Blue Spinach will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Fraud Protection and Prevention:
When you place your Order by either a Credit Card or Paypal you may be sent an email from Blue Spinach requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within seven (7) days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and Paypal account holders from online fraud.
We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as computer monitors vary, we cannot guarantee that your monitor's display will be completely accurate. We pride ourselves on the information we provide about the condition and quality of the products we represent for sale on our website. We quality check the products before delivery to ensure you are receiving the product we have displayed for listing.
We guarantee that our products are authentic. We stand by our products and product authenticities and offer a money back guarantee should any product we sell be proven to be non-authentic.
You shall not assign any rights and obligations under these terms and conditions whether in whole or in part without the prior written consent of Blue Spinach. Any unauthorised assignment shall be deemed null and void. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any term or condition constitutes a waiver of such term or condition. Such failure shall in no way affect the right to later enforce such term or condition. Blue Spinach reserves the right to change the terms and conditions of sale at any time. The terms and conditions applicable to you are those on our website at the time you order a product. No Blue Spinach employee or agent has the authority to vary any of the terms and conditions governing any sale.
To the extent permitted by law, Blue Spinach is not liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of Blue Spinach, and Blue Spinach shall be entitled to a reasonable extension of time for the performance of such obligations.
These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
“Your Account” with Blue Spinach has a credit facility. You may only use credits in “Your Account” as detailed here.
We may credit “Your Account” with Refund Credits from time to time. Blue Spinach will only provide Refund Credits under the terms and conditions detailed under "Returning a Product". Where “Your Account” holds Refund Credits and you place an Order for a Product or Products:
1. Where any outstanding balance due on a Product/s is less than the total Refund Credits in “Your Account”, you retain the future use of any unused Refund Credits to apply towards any future Product payments. You will need your Return Authorisation number to determine the total Refund Credits in “Your Account”; or
2. In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product/s, you must pay any remaining outstanding balance due on the Product by Mastercard American Express, Visa or Paypal.
Refunded Credits can be used towards a future purchase. To redeem your Refund Credits please contact us at firstname.lastname@example.org.
Australian Consumer Law Guarantees:
Consumer guarantees apply under the Australian Consumer Law. Nothing in these terms and conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au.