Terms Of Online Sale

Terms and Conditions of Online Sale

• Our agreement
  • What is this agreement?
  • These are the online terms and conditions of sale for goods on our website located at seedsync.com.au
  • These terms and conditions also incorporate our Terms of Use and any special conditions that apply to discount codes, gifts and disclaimers that can be found on our website.
  • If there’s a conflict between any applicable terms, the hierarchy is as follows:
    1. a) these terms and conditions;
    2. b) any applicable discount terms;
    3. c) our Terms of Use.
  • Who is this agreement between?
    • This agreement is between you (the person purchasing goods on our website) and Seed Sync Pty Ltd (ACN 673 736 751) trading as Seed Sync (‘we’, ‘us’).
  • How long will this agreement last?
    • This agreement will start when you accept it (and we’ve confirmed your acceptance) and will terminate once each party has performed their obligations under this agreement.
    • If you’ve signed up for a subscription with us, this agreement will continue unless or until it is terminated in accordance with this agreement.
  • Where we say so in this agreement, certain terms will continue to apply once this agreement has been terminated (for example, terms about confidentiality and intellectual property).
  • How can changes be made to this agreement?
    • Please ensure that you’ve read these terms and conditions carefully as they can only be waived or varied in writing and signed by us.
  • How can you accept this agreement?
    • You can accept this agreement by:
      • proceeding to purchase goods on our website; or
      • clicking ‘I agree’ or a ticking a box next to those words.

In accepting our terms and conditions, you warrant to us that you’ve read and understood them.

 Fees and payment

• • eCommerce
    • While we’re careful to ensure our website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).
    • It’s important to understand that when you submit an order through our website, no agreement is formed with us until we process and accept your order and send you a confirmation.
    • If there’s been an error leading to your order (such as a pricing error), we may choose not to complete the order, but we’ll contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another).
    • If we’re unable to fill your order, we’ll process a full refund as soon as possible.
  • Payment
    • You agree to pay us the purchase price listed on our website. Our prices are listed in Australian dollars (AUD) and include GST unless we say otherwise.
    • We can change our prices at any time on notice by updating the prices on our website. Price increases won’t be applied to orders that have already been confirmed by us.
  • How you can pay us
    • We accept payment via the methods set out on our website, such as PayPal and EFT, which may change from time to time.
    • If we accept payment through a third-party processer, this is for your convenience, and you agree to pay any third-party merchant fees or charges notified to you at the time of checkout.
    • If you make a payment using a third-party processor, you’ve told us that you’ve read and agreed to their terms and conditions. We’re not responsible for any issues, loss or damage arising out of your use of those facilities. If you have an issue with a third – party provider, please contact them directly.
  • Subscriptions
    • If you have subscribed to a membership with us, you authorise us to automatically debit our fees from your nominated payment method on a recurring basis as set out in the membership tier you selected when you checked out.
  • What happens if you don’t pay us?
    • You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement.
    • If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.
    • If after receiving reasonable notice from us, you don’t pay us, we can choose to do one or a combination of the following:
      • suspend or terminate this agreement (which may include cancelling your order);
      • suspend of terminate your membership;
      • charge interest on outstanding money at a rate of 10% per year from the date you owe us the money until you pay us; or
      • refer the matter to a debt collector or lawyer (you’ll have to pay their costs). 

• Discounts and store credit
  • Discounts, store credit and gift cards can only be redeemed for products sold by us on our website.
  • They are non-transferable, not redeemable for cash and can’t be applied to postage costs.

 
Refunds

Australian Consumer Law (ACL) refunds

• If you believe that your order fails to meet a consumer guarantee under the ACL, please submit an ACL-claim by email to us at info@seedsync.com.au
• We will require proof of purchase (order number or receipt) and evidence of the fault (such as a photograph).
• We will provide you with a remedy in accordance with our obligations under the ACL.
• Claims under the ACL must be received within a reasonable time of delivery, which we’ve determined based on the nature of the goods to be 3 days.

 Postage and delivery

• • Rates

You agree to pay to us postage fees as calculated at checkout, including any applicable local customs fees. If there’s an error regarding postage fees, we’ll contact you before processing your order.

• We work with delivery partners who may change their fees from time to time. If they change their fees, we’ll need to update our fees, too. We can do this on notice to you by updating the fees on our website. Price increases won’t be applied to orders that have already been confirmed by us.

• Delivery timeframes
  • We use Australia Post to help us get our products to you within Australia.
  • Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider.
  • We will endeavour to dispatch your order within 2-3 days after it is placed. As a guide, for standard delivery within Australia, you may expect to receive your order within 7-10 business days of dispatch.
  • For express delivery within Australia, you can expect to receive your order within 1-4 business days.
• Delivery address
  • It’s your responsibility to make sure that your email and postal address details are correct. We won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement.
• Orders lost in transit
  • We make no representations as to responsibility or liability for any lost or misdelivered orders.
  • If your order is lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.
• Risk
• We won’t be responsible for your order once it’s delivered to your nominated address, including if you’ve authorised for the delivery to be left unattended at that address or if someone else at your address signs for your parcel.
• If for any reason you must mail something to us as part of a return procedure, we won’t be responsible for that item until it’s delivered to us. We recommend that you purchase insurance in these circumstances.
  
  
  
• Personal use
  • By placing an order with us, you warrant to us that you are purchasing our products for personal consumption.
  • You’re prohibited from distributing, attempting to distribute or assisting any other person to distribute our products on a commercial basis without our written permission. If you’re a business and would like to discuss wholesaling our products, please contact us at Hiba@seedsync.com.au.

• We list ingredients and label our products as required under relevant law. It’s your responsibility to ensure that the contents of our products are suitable for your consumption based on your allergies and intolerances. Please ensure that you carefully read our ingredient list and if you’re at all unsure, please contact us before consuming, so that we can confirm your query with the manufacturer.
• You understand and agree that we won’t be liable for any damage or loss arising from your failure to observe label warnings and ingredients on our products.
• This clause will continue to apply even if this agreement ends.

• Advice and Information
  • We may give you advice, recommendations, information, or assistance in relation to products on our website, their use or application.
  • We give that information to you in good faith, believing it’s accurate, appropriate, and reliable at the time but we don’t give any warranty of accuracy, appropriateness, or reliability.
  • Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice.
  • We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our website, unless otherwise required by law.
  • This clause will continue to apply even if this agreement ends.

• Promotion
  • You grant us permission to use and reproduce your name, photograph, or likeness, as well as evidence of services delivered, and results achieved to promote our business.
  • We may provide you with the option to leave a review or comment on our website about your experience with our products. If you submit a review or testimonial, you’re agreeing to us being able to use and reshare that review and testimonial to promote our business without compensation to you.
  • We reserve the right to remove a submission on our website if it contains material that is defamatory, obscene, offensive, or scandalous, harasses or causes distress or inconvenience to any person, or disrupts the website.
  • This clause will continue to apply even if this agreement is terminated.

• Intellectual property
  • Our intellectual property
    • All of our content (including our website content and seed cycling guides) is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own or control all intellectual property rights in our products and services.
    • You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you.
  • Lawfully using our content
    • As a user of our website, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our website in accordance with these terms, to copy and store the website and its content in your device's cache memory and to print pages from the website for your own personal and non-commercial use.
    • This licence allows you to use our website for the purposes of viewing our goods and services, making a purchase and making enquiries with us about working together.
    • We don’t grant you any other rights in relation to our intellectual property.
    • You’re specifically prohibited from using our website content for commercial purposes.
    • If you breach these terms, we reserve the right to revoke your licence immediately without notice to you.
  • Sharing our website and social media content
    • If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so if you credit our work and link back to our website.

For example, if we post on Instagram and you want to share that post, you can do so, but you must credit us and link back to our Instagram profile.

If we have a copyright notice on our work, you should contact us to get permission before sharing our work. If you’re unsure about sharing or using our content, its best to contact us at Hiba@seedsync.com.au.

• What happens if we disagree?
  • No rush to Court

If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.

This kind of order would be relevant if immediate action is needed, such as to stop something from happening or to force someone to do something.

• For example, let’s say that you take our documents or work prepared for you and try to set up in competition with us by selling it online without permission. If you don’t stop once you’re asked, we might need to urgently apply to a Court to get an order forcing you to stop that.

• Working it out between us
  • We agree to follow the steps set out in this clause first.
    • First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.
    • Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days.
  • If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.
• Mediation
  • If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
  • If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in NSW to appoint a mediator for us.
  • If we must mediate, we agree to attend mediation virtually and where that is not possible, to go to mediation in Sydney, NSW and split the fees of mediating equally between us.
• If, after trying in good faith to resolve the issue between us we can’t get anywhere, then we may commence proceedings.
• This clause will continue to apply even if this agreement is terminated.

• Ending our agreement
  • We can end this agreement as set out in the below table.

• How to end this agreement
  • Either party may terminate this agreement by giving notice in writing via email.

• Limitation of liability
  • Liability under the Australian Consumer Law (ACL)
    • Our Australian customers are entitled to guarantees under the ACL. We can’t and won’t change these. We specifically exclude all other guarantees that might apply to our services.
  • Liability for breach of contract

To the maximum extent applicable by law, we specifically exclude all liability for breach of contract.

• Other liability, including for negligence
  • To the maximum extent applicable by law, we specifically exclude all other liability to you, including for negligence.
• Liability for consequential losses

To the maximum extent permitted by law, we exclude all consequential losses, however arising. 

• General
  • Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
  • We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the services, provided always that we will remain the head contractor and will be responsible for the delivery of services in accordance with this agreement.
  • This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
  • If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
  • Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
  • Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
  • The law of New South Wales (NSW) governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of NSW.
  • Notices
    1. A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
    2. delivered personally;

• posted to their address, when it will be treated as having been received on the second business day after posting; or

1. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.

• Interpretation
  1. If we refer to a piece of legislation, this includes changes or updates to it, and instruments and regulations introduced under it.
  2. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;

• Headings are just for convenience, not for interpretation.

1. Grammatical forms of defined words or phrases have corresponding meanings;
2. Dates and times set out in this agreement are in reference to Sydney, New South Wales, Australia;
3. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;

• References to a party are intended to bind their executors, administrators and permitted transferees; and
• Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

• Definitions
  1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  2. Business Day means a day on which banks are open for business in Sydney, other than a Saturday, Sunday or public holiday.