TERMS AND CONDITIONS
Welcome to the online store of Biotuff, registered Trademark of Environmental Resources Pty Ltd. We’re happy to have you here. We are committed to making our Terms and Conditions as easy to read and understand. If you have any questions, please contact us.
About these Terms and Conditions
These Terms and Conditions cannot be varied without our written consent. We may update these Terms and Conditions from time to time and the current version will always be shown on the Terms and Conditions page of our website. We encourage you to read these Terms and Conditions, and contact us if you have any questions or concern. If you do not agree to these Terms and Conditions, you must not use our website in any manner.
Accessing our Website
We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may need to restrict access to our website (wholly or partly).
You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of the Terms and Conditions, and that they comply with them.
Special Offers (e.g. Free Shipping)
Free shipping may be offered at specified times and on specified products. Where free shipping is offered, it will only be available on selected products and to selected locations. Free shipping does not qualify for Bulk orders purchases.
The following postcodes are excluded from free shipping.
800 - 886, 2898 – 2899, 4183 – 4184, 4216, 4385 – 4498, 4507, 4700 – 4746, 4801 – 4807, 4816 – 4830, 4871 – 4876, 4890 – 4895, 5641 – 5734, 6033 – 6044, 6084, 6123 – 6124, 6161, 6173 – 6176, 6207 – 6230, 6232 – 6799, 7012, 7017, 7020, 7022 – 7055, 7109 – 7216, 7252 – 7470.
Please be advised that Environmental Resources Pty Ltd uses the Logistic services of local couriers which deliver in all capital cities across Australia, but do not service P.O BOX addresses.
We endeavour to ensure that all the products on our website are accurately described, and we rely on information from our manufacturers / suppliers. Unfortunately, on some occasions it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. In some cases, the products we offer for sale are hand made from natural organic materials, and there may be small variations between the product image(s) and the product you receive. This will always be stated on the individual product listing.
On rare occasions our manufacturers / suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. Whilst we make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing and product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation.
Our Website changes regularly
We aim to update our website regularly, and may change content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. We will use reasonable endeavours to ensure our website contains accurate information and content, however, we reserve the right to update our website as soon as an inaccuracy or error is brought to our attention.
After you have placed your order and we have processed your payment, we will electronically confirm your order via email. This email does not guarantee that the product(s) you have ordered is/are available. It represents confirmation that we have received your order. Your order represents an offer of purchase, which we accept when we dispatch your product(s) and send you an email confirming that your product(s) has/have been dispatched. Once this email has been sent and the goods have been handed over to the designated carrier, the contract between you and us is complete. The sale contract is therefore concluded in the State of Victoria, Australia.
If delivery of an order will result in unacceptably high freight charges to Environmental Resources Pty Ltd, we will reserve the right to contact you to request further shipping fees or to cancel an order to dispatch. If we cancel your order in these circumstances, we will issue a full refund to you.
In the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you by email as soon as possible to let you know. You may have a store credit to your account or a refund to the value of the unavailable product. We reserve the right not to except your order in the event that we are unable to obtain authorisation for payment, where we suspect fraudulent activity, or where you do not meet the eligibility criteria set out, or otherwise contemplated, within these Terms and Conditions or our website. We reserve the right to refuse to process or refuse services to anyone at any time at our sole discretion.
Prices, payment and GST
All prices displayed on our website are in Australian dollars and include GST. All payments are processed in Australian dollars. We accept payment by Visa, MasterCard and PayPal.
The retail price for each product is provided on our website and are subject to change at times.
We reserve the right to alter or change prices on website.
Our website uses, Secure Socket Layer (SSL), industry standard encryption technology for your personal information transactions which creates a secure transaction environment on the internet. We use Trustwave Holdings Inc; Digital Security Certification for our SSL connection. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member’s card is used fraudulently.
In an effort to prevent fraudulent use of credit cards or other payment option, we will undertake efforts to validate the legitimacy of the order and payment method. This process may include requesting proof of identity and a formal check. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is okay. Orders undertaking a formal check will be placed on hold until we have received confirmation this transaction is legitimate. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you by email).
Delivery fees and times vary for different products and are calculated based on the size and weight of the order and its destination. The delivery price for each order will be displayed during the Checkout process, prior to payment and order confirmation and included in the total price of your order. Changes made to delivery address or delivery time after placing an order may incur additional charges, which we reserve the right to request to add to your original delivery charge. Delivery estimates calculated at Checkout are based on delivery to the front door of a ground floor. Approval for requests to have items delivered past this point be requested prior to an order being placed. This is a request and cannot be guaranteed. The request is based on courier availability and payment of this service.
Each product listing includes the estimated dispatch time frame for that product. Typically, items listed on the website will be dispatched from our warehouses within 24 to 72 business hours. In some cases, the estimated dispatch time frame will be longer. From time to time the delivery of specific items will exceed our usual stated delivery window for reasons outside our control. We work hard to process all orders as quickly as possible and we will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.
Risk in the products passes to you on commencement of delivery. We do not accept liability for loss, theft or damage to the products after delivery.
Delivery methods & locations: we work with a number of delivery partners and courier companies in order to deliver nationwide; in some cases, parcels, may be handed to a third party to ensure remote areas can be accommodated. Your order will be delivered to the delivery address provided by you during the Checkout process or as update through our Customer Care team after your order is finalised.
Delivery is a ground floor; if the delivery is in a multi-story building the delivery company will not travel past the ground floor front door.
For larger high volume items, E.g. pallet orders, we may be able to offer alternate delivery service., however this is not available for all items and all areas. Our Customer Care team can confirm if this is available to your order and area, applicable fees and charges will apply for this service.
Please contact us prior to placing order if this will be the case.
We cannot deliver to P.O. Boxes or Parcel Lockers because they’re usually too small to accept most of the items we sell and our carriers do not service these addresses.
Generally, the carrier would require a signature on delivery of parcel or cartons.
Our delivery partner may leave you a ’miss you’ card at the address if you are not available to take delivery of your parcel and you will need to ring up to redeliver, or on the second card left, you will then need to find the local depo for that carrier and pick up your item(s).
We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and areas that are inaccessible with standard courier and delivery services. In this case, you will choose to have an item delivered using your own carrier.
You agree to pay any shipping and handling charges presented to you at the time you make a purchase.
We deliver most products Australia-wide. In some cases, we will only be able to deliver products in metropolitan areas. This information will be shown on the product listing. We are not able to accept orders for international delivery at this time.
Delivery failure: it is important that you verify your information is correct before placing your order, especially your delivery address. If the address provided is incorrect and the package is returned, you will be billed for the additional shipping charges for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you provide wrong address information. We also require a contact phone number, which may be used by the courier to arrange delivery. If we and our delivery partner have been unable to deliver your order due to your error or fault after 21 days or 2 attempts (whichever is sooner), we reserve the right to cancel your order. In these circumstances, we will refund you the price of your order, less the delivery and handling fees incurred by us.
5 Day Return Policy
We want you to be happy with your purchases, if for some reason, you decide to change your mind, or the product does meet you expectations, we will be happy to provide a store credit to the value of the product less the freight and handling charges.
Please note we do not provide refunds for change of mind.
You will need to contact us and provide your name and order number to our Customer Support team.
Items returned must be in ‘as-new’ condition. This means you have not physically damaged the item(s). if you cannot return an item ‘as-new’ in its original packaging, a handling and restocking fees may apply up to 20% of the value of the item.
Within 5 days of receiving your return, and subject to confirming it is ‘as-new’ condition, we will issue you with a store credit voucher via email in an amount equal to the price you paid for the product, less any shipping costs.
Store credit vouchers codes will be valid for (1) year from date of issue.
If you have purchased an item that had discounted or free shipping applied and you returned it because of change of mind, we will deduct the actual cost that we incur for shipping that item to you from your store credit voucher.
Damage in Transit
Unfortunately, items are occasionally damaged in transit.
If an item arrives and the packaging or the item itself is clearly and significantly damaged, you should take photos showing the damage. Refuse to accept delivery and contact us immediately. We’ll share your feedback with our delivery partners and suppliers to ensure our service and the quality of packaging is improved.
The type of remedy we offer will depend upon the circumstances. We will work collaboratively with you to find an outcome that you’re happy with.
Determining if an order or item is lost in transit.
Environmental Resources Pty Ltd will determine whether an order or item is deemed lost in transit at its sole discretion. We will open a case to investigate and attempt to find and deliver all item(s) and an item cannot be claimed to be lost in transit if:
Determining if an order or item is damaged in transit
Our normal Damage in Transit Policy and processes apply.
We reserve the right to refuse a claim under our Freight Protection Policy in circumstances where we believe that the item is not lost in transit, or the item has been delivered.
You may cancel an order, or part thereof, only before it has been dispatched to you. In this case you will receive a store credit voucher or refund in the amount you paid for the product, including shipping. As we endeavour to send your order to you as soon as possible, which often will be within 24 hours, requests for cancellations need to be lodged as soon as practicable after ordering. Once items have been shipped, you cannot cancel them.
Unfortunately, we do not exchange. Simply return your items in accordance with our returns policy and place a new order.
Your Consumer Rights
The goods you purchase come with guarantees that cannot be excluded under Australian Consumer Law. If your product is faulty, or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law, please contact our customer support team as soon as possible and provide your name and order number.
We reserve the right to refuse a return in cases where we cannot be reasonably satisfied that you purchased the product from us and where we deem damage to a product to be due to misuse, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.
To the extent permitted by the Law, we, directors and employees, and third parties connected to us hereby expressly exclude:
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any liability which cannot be excluded or limited under applicable law.
Without limitation to the foregoing, we acknowledge that the laws in certain jurisdictions including Australia may imply warrantee / guarantee and conditions or impose obligations on the supply of goods and services through or by means of our website which cannot be excluded, restricted or modified except to a limited extent. If any such laws apply, then to the fullest extent permitted by the law of the relevant jurisdiction, and in the case of Australia to the extent permitted by the Competition and Consumer Act 2010 (Cth), our liability is limited and if any liability remains it will be limited to any one or more of the following in our sole discretion:
Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed the amount paid by you for the products in question, you agree to indemnify us, our directors, employees and representatives from and against all actions, claims, suits, demands, damages, liabilities or costs (including legal costs) arising from or which is directly or indirectly related to the use of our website, or any other products or services accessed via our website.
We are the owner or the licensee of all intellectual property rights (including without limitation, Trademarks and copyright) in our website, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, logos, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.
You must not scrape or modify the paper or digital copies of any materials you have printed off, downloaded or extracted in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
Third Party Websites
Where our website contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and conveniences only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them (not withstanding anything else contained herein).
Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators, or advertising material (as the context permits).
You may link to our home page provided your links do not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other site. Our site must not be utilised by third party web crawlers (or similar) in order to scrape content from our site for any purpose. We reserve the right to withdraw linking permission without notice.
Viruses and Hacking
You must not misuse our website by knowingly introducing viruses, Trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
Whilst we do our best to ensure that our website is virus-free, you acknowledge that the internet and e-commerce facilities may attract unknown contingencies out of our control. Accordingly, we will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. We always recommend all internet users ensure they have up to date virus checking software installed.
You consent to receive communication from us electronically, either by email or by us posting notices on our website and you agree that all communications that we provide to you electronically will satisfy any legal requirement that a communication be in writing.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of god, Government actions, shipping, postal or other relevant transport strike, postal theft, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, interruption of internet or a website (such as Facebook) or virus, accidents or breakdown of plant, machinery, software or communication network.
We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our website. Any changes are effective immediately upon posting to our website. Your continued use of our website thereafter constitutes your agreement to all such changed Terms and Conditions. Please read these Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must stop using our website.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
If any provision in these Terms and Conditions is found to be invalid or unenforceable by the court of law, such invalidity or unenforceability will not affect the remainder of these Terms and Conditions which will continue in full force and effect.