This website www.emotiveearth.com.au is owned and operated by MK Investments and Developments trading as Emotive Earth ABN 40 607 847 969, referred to here as owners and operators. The words users and customers refer to registered users, customers, resellers, associates, suppliers or general public visitors to Our website.
By visiting, viewing or ordering from Our website You agree to acknowledge and be bound by these terms and conditions outlined below. We may amend these terms and conditions from time to time without prior notice, at Our discretion.
We may correct errors or inaccuracies and change or update information on Our website at any time without notice, including in respect of prices and availability of items.
We will notify You by email if an item You have selected differs from the item listed on the website or on Your order.
If you order or register on www.emotiveearth.com.au you accept that we will add your contact details to our database for both transactional and marketing purposes. You will receive emails regarding your transactions, shipments and product review requests. We may also email you with offers and product information. You can easily be removed from this database by using the unsubscribe link in any of the emails or by contacting firstname.lastname@example.org at any time.
All orders and purchases made through this website are subject to these terms and conditions. By placing an online order through Our website, You will be deemed to have accepted these terms and conditions.
We will email You confirmation of the items that You purchase. If an item is out of stock You will be notified at the earliest time possible and the purchase of that item will either be cancelled or put on back order. Alternatively, if there is a similar product, We will offer You that instead.
Unless otherwise stated, all prices on Our website are quoted in Australian Dollars (AUD). All listed prices displayed include Goods and Services Tax.
Prices are subject to change without notice. You agree to purchase goods at the listed price, at the time of the transaction, and in the event that the drop drops at a later date, you cannot hold Us liable for the difference.
We reserve the right to refuse or decline an order if the listed product contained incorrect information or pricing due to a data entry error. We can decline or refuse this order even after your credit card has been charged and the order confirmed electronically. In this case we will issue a refund immediately.
Shipping & Delivery
Your order will be dispatched within the stated timeframe after We receive clear payment. Depending on Your location, delivery can take between 5 to 10 working days. If We provide a delivery date or time in Our order confirmation, then that is approximate and is not to be taken as a guarantee by Us that Your goods will be delivered by that date.
If You select the ‘Authority to Leave’ option during the transaction, You take full responsibility for goods left unattended at Your delivery address. We are not liable for loss or damage that may result.
We reserve the right to use whichever shipping method we choose when delivering goods. Factors such as location, weight, dimensions and product type all affect which shipping method and carrier we may choose to use in order to deliver goods.
We will not be responsible to You or any person claiming through You for any loss or damage to goods in transit caused by any event of any kind or by any person, whether or not We are legally responsible for the actions of that person.
Please note that you must inform us within 7 days of receiving your delivery if items have arrived damaged. Outside of this 7 day window the returns policy does not cover you for goods damaged in transit.
If you think you may be missing an item or a part, please let us know within 7 days of receiving your delivery so that we can investigate what might have happened and organise a replacement for you if the item is not already on its way.
Passing of risk
The risk in the goods will pass to You once Your order has been dispatched from Our warehouse or collection of the order from Our warehouse or once Your order has been collected by Our courier, as the case may be.
The goods We offer for sale on our website are covered by the warranty given by the manufacturer of the goods. We do not provide any separate warranty in relation to the goods that You purchase. Clearance items comes with only 1 year warranty regardless of what is stated on packaging or any other materials. To be eligible for warranty claims products must have been installed by a licensed electrician. We may ask for the licensed electrician details while processing a warranty claim.
Warranty does not cover freight costs or, installation, removal and labour costs. Under no circumstances will We be liable for any electrical costs associated with a faulty product.
Limitation of liability
(a) Subject to paragraph (b) and to the fullest extent permitted by the Australian Consumer Law and relevant state legislation, Our sole obligation under these terms and conditions is to use Our best endeavours to provide the goods or to repair the goods or repair or replace (at Our discretion) any part of the goods which is found to be defective during the period of warranty. In no event shall We be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the goods, and any direct, indirect, special or consequential damages or injury to any person, corporation or other entity.
(b) If the goods We supply to You under these terms and conditions are supplied to You as a consumer of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation then You will have the benefit of certain non-excludable rights and remedies in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. However, if the goods are not goods ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64 of the Australian Consumer Law and similar provisions of relevant state legislation then Our liability is limited to payment of an amount equal to the lowest of:
(i) the cost of replacing the goods or supplying equivalent goods;
(ii) the cost of repair of the goods;
(iii) the cost of having the goods repaired or replaced.
(c) Subject to paragraph (b), We will not be liable for default or failure in performance of Our obligations pursuant to these terms and conditions resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond Our reasonable control.
(d) Subject to paragraph (b), We will not be responsible for any loss caused by an error or defect in the goods or errors or faults caused by the goods.
Limitation to price of goods
Subject to your statutory rights (including under the Australian Consumer Law), Our total liability for loss and damage of every kind:
(a) whether arising pursuant to these terms and conditions; or
(b) out of or in relation to the goods, their sale, delivery or the way they behave, in tort or contract or in any other cause of action; or in any other way whatsoever, is limited to the amount paid by You to Us for the goods at the date when such liability arises.
These terms and conditions, and any agreement arising from Your acceptance of these terms and conditions, shall be governed by the laws of the State of Western Australia.
You can cancel your order at any point prior to the goods being dispatched for delivery and receive a full refund. In the event that the goods have been shipped, we reserve the right to decline the cancellation request or charge a cancellation fee.
We may, from time to time, offer promotions to You on Our website. These promotions cannot be used in conjunction with any other promotion We may offer to You.
We may automatically choose the promotion that gives You the greatest value.
Questions and Enquiries
Should You have any questions about Our terms and conditions, please contact Us via our online ‘Contact us’™ form.