Terms and Conditions

DEFINITIONS

In the following Terms and Conditions of Sale shall mean embraceOrganics (ABN 58 261 013 675) and its related bodies corporate. The"Customer" shall mean the entity purchasing the goods or services the subject of these terms and conditions of sale.

1. ORDERS

Orders accepted by embraceOrganics, trading as www.embraceorganics.com.au will be subject to the following terms and conditions of sale as amended from time to time. Any such orders accepted will be effected in multiples of standard pack quantities. Minimum invoice value $25.00. All orders are to be from the legal entity/parties .
embraceOrganics accepts these orders either verbally, e-commerce or in writing. In good faith in the belief they are true and correct. Should any order be verbal, the customer acknowledges that the embraceOrganics's records are true and correct and will not be disputed.
The Customer acknowledges that it is their full responsibility to advise the embraceOrganics of any changes to any of the details relating to the purchased items and method of payment before the shipping date and any incurred cost will be borne by the customer.
The Customer acknowledges that failure by them to advise embraceOrganics of any change does not in any way limit embraceOrganics's right to pursue full payment or recovery cost arising due to a breach in any of the Terms and Conditions of Sale.

2. TIMING OF PAYMENT

Payments shall be deemed to have been made:
(a) If cash is tendered-on date it is entered; and
(b) If a cheque (bank or otherwise) or other negotiable is tendered - on date upon which such cheque or other negotiable instrument is negotiated and cleared by embraceOrganics's bankers. The Customer acknowledges that any costs incurred due to uncleared funds will be passed on to the Customer.

3. TIME OF ESSENCE

In respect of the Customer's obligation to make payment for goods sold by the embraceOrganics to the Customer, time shall be of the essence for the entire contract.

4. PRICING

Orders will be accepted at the prices in effect at the date of shipment. Prices are subject to change without notice. Any reference to retail prices contained in embraceOrganics's official pricing are recommended retail prices only; there is no obligation to comply with the recommendation. embraceOrganics's price list shall not be construed or operated as an offer or obligation to sell but shall be an invitation to treat only and embraceOrganics reserves the right to accept or reject in its absolute discretion any orders which may be received by it.

5. GST

GST will be charged on all items sold in accordance with the A.C.C.C. and tax legislation guidelines. All invoices will show total GST paid and total amount due including GST.

6. DELIVERY

Every effort will be made to ensure prompt delivery of goods ordered. However embraceOrganics cannot accept responsibility for delivery delays. Delivery charges on orders required by overnight transport, airfreight or other special delivery will be at the Customers expense unless otherwise arranged.

7. RISK AND INSURANCE

Upon delivery to the Customer or in the Customers custody (whichever is the sooner) the goods shall be at the risk of the Customer and the Customer shall, at its own costs, insure the goods (in its name and in the name of the Company) against all risks for which a prudent owner would insure his goods and for their full replacement value. The Customer shall upon request provide a copy of the insurance policy to the Company.

8. ACCEPTANCE

The Customer shall inspect the goods forthwith upon delivery and shall within 7 days from the date of delivery give written notice to embraceOrganics of any matter or thing by reason whereof the Customer alleges that the goods are not in accordance with the Contract.
If the Customer fails to give such notice then to the extent permitted by statute the goods shall be deemed to have been accepted by the Customer, in accordance with the provision hereof.

9. RETURNS

All return’s must be accompanied by a Photocopy of the original invoice.
We will not accept goods returned no later than ten (10) days from the date of invoice.
Where stock is ordered in error by the customer, freight for the return of this stock is the responsibility of the customer.

9.1 RETURNS WILL NOT BE ACCEPTED

With Price Tags or Markings
If stock is shop soiled or damaged
For stock that is on special sale e.g. Clearance specials

10. RETENTION OF TITLE

(a) As long as the Customer owes embraceOrganics any part of the price of goods supplied at any time, embraceOrganics shall retain the legal title to all: goods supplied and not yet used or resold in the ordinary course of business. When such goods as used, even with loss of identity, the legal title to the resultant product shall vest in embraceOrganics. Proceeds of sale of unused goods or resultant products shall be received by the Customer as agents of embraceOrganics and on their account such proceeds to be kept in the separate account or to be account for it to embraceOrganics on demand. If goods are in the possession of a Customer to which title has not passed, the Customer is under obligation to retain them in good and merchantable condition and to ensure that they are stored separately and marked as the property of embraceOrganics until either paid for or collected and to allow embraceOrganics and/or its servants or agents on to the premises where they are stored for the purpose of collecting the goods.
(b) Goods supplied to the Customer shall be at the risk of the Customer from the time the goods ceased to be within the actual possession of embraceOrganics or its agents.
(c) Until payments of all debts owing to embraceOrganics, embraceOrganics may, without prejudice to any of its other rights without prior notice, re-take and resume possession of any goods which remain embraceOrganics 's property and by its servants and agents, enter upon the Customer's premises, or any other place where the goods may be, for the purposes if:

10.1 There is any breach of any contract between embraceOrganics, the Customer: or
10.2 The Customer commences to be wound up or is placed under official management, or a receiver or a receiver and manager, or a voluntary administrator is appointed in respect of the Customer, its undertaking or property or any part thereof, or an encumbrancer. by itself or by an agent, taken possession of the Customer's undertaking or property or any part thereof: or The Customer parts with possession of the goods or any of them otherwise than by way of sale to a customer in the ordinary course of business.embraceOrganics may recover the price of the goods by such action as it considered appropriate including proceedings to appoint a liquidator to the Customer, if the goods are not paid for within embraceOrganics 's terms, or any separate arrangement for credit made by embraceOrganics with the Customer, notwithstanding that property in the goods has not passed to the Customer.
10.3 Any legal action to recover the goods/services will be borne by the customer.


11. Typographical Errors
While we make every effort to ensure the products information and pricing on our website is accurate and current, there may be instances where inaccurate or incomplete data is displayed. In the event that item data is incorrect, such as listed with an incorrect price, availability, or with incorrect information, embraceOrganics shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item.