Terms and conditions
Our disclosures:
Our complete terms are below, but here are the important points before you become a customer:
· We don't accept returns for change of mind.
· Our liability under these terms is limited as set out in clause 9.
· Subscriptions renew automatically until you cancel. We'll email you before each charge, and you can cancel at any time.
Nothing in these terms limits your rights under the Australian Consumer Law.
1. Introduction
This website is operated by East Forged Pty Ltd (ABN 29 632 440 110, ACN 632 440 110) (we, our or us). These terms and conditions (Terms) govern your use of our website and the purchase of products through it. By using our website or placing an order, you accept these Terms and enter into a binding agreement with us.
Our [Refund Policy] and Privacy Policy are available on our website and form part of these Terms.
2. Orders
a) You need legal capacity to enter into a contract to order from us. If you're ordering for a business, you confirm you're authorised to do so.
b) By placing an order, you agree to buy the products at the total price shown at checkout. We may accept or reject any order and will tell you within a reasonable time if we reject one. Our agreement is formed when we email you an order confirmation.
c) We start processing your order once payment has cleared and it passes our fraud checks. If we need more information to complete those checks, we'll ask. If we don't hear back within a reasonable time, we'll cancel the order and refund you in full.
d) All orders are subject to availability. If we can't supply something you've ordered, we'll refund that part of your order in full.
e) We take care to describe our products accurately. If what you receive doesn't match how we described it, you have rights under clause 5 and we'll make it right. Screen and device settings mean colours can look a little different online to the product in your hand.
f) If we find an error in the price, description or image of something you've ordered, we'll contact you before despatch and you can go ahead at the corrected price or cancel for a full refund. We won't charge you more without asking.
g) We may cancel an accepted order before delivery if we can't supply the products, if there's been a significant delay, or because of an error on our website. We'll contact you using the details you gave when ordering and refund you in full.
3. Prices and payment
a) Prices are in Australian dollars and include GST. You pay in full when you place your order. The total at checkout includes the product price, GST and any delivery charge.
b) We may change our prices at any time. A change doesn't affect an order we've already accepted.
c) We accept the payment methods shown at checkout. Where we offer payment through a third-party provider, your use of that service is governed by their own terms and privacy policy, which you accept directly with them. We don't see or store your full card details.
4. Delivery, title and risk
a) We deliver anywhere in Australia. Delivery is free within Australia unless we say otherwise at checkout.
b) We aim to pack your order within 1-3 business days and despatch it the next business day. Delivery timeframes on our website are estimates only. If we expect a delay, we'll email you.
c) Our orders travel with an Authority to Leave as the default. This means our delivery partner doesn't need a signature to leave your order — if they judge there's a safe place to do so, they can leave it there. If you're home when they arrive, they may still ask you to sign. If you'd prefer a signature every time, please mark this in the Notes in your order.
d) If our delivery partner can't leave your order safely, they'll take it to your nearest Post Office, depot or parcel locker and let you know where to collect it or how to arrange a re-delivery.
e) Once your order has been left at your address under an Authority to Leave, it's been delivered.
f) Please check your delivery address before you order. If a parcel can't be delivered because the address you gave was wrong or incomplete, or because it wasn't collected within the carrier's holding period, we'll contact you to arrange re-delivery. A delivery fee plus a $10 handling fee applies, and we'll tell you the amount before we charge it.
g) We retain title to the products until we receive payment in full. Until title passes to you, you must not create or allow any encumbrance, security interest, charge or lien over them.
h) Risk passes to you when the products are delivered.
5. Australian Consumer Law
a) We don't accept returns for change of mind. However, you may have rights to a repair, replacement or refund under the Australian Consumer Law.
b) Nothing in these Terms attempts to modify or exclude the conditions, warranties, undertakings and other legal rights under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any other warranties or conditions not guaranteed by the Australian Consumer Law are excluded where permitted, except to the extent they're expressly given in these Terms.
c) To make a claim, email hello@eastforged.com with your order number and, where you can, a photo. We'll respond within 2 business days.
d) Where you return products to seek a remedy, you'll need to cover the cost of returning them to us. Where your claim is valid, we'll refund your return delivery cost and either replace the products or refund you, depending on the failure. Please contact us for further information.
6. Subscriptions
a) When you buy a subscription, you agree to receive repeat deliveries at the frequency you choose at checkout. Your payment details are stored securely by our payment provider and charged automatically for each delivery, unless you've paid in advance for a fixed number of deliveries.
b) Your subscription continues until you cancel. We'll email you at least 2 days before each renewal charge, telling you the amount and when it will be taken.
c) You can pause, change or cancel at any time — from your account, from the link in your order confirmation email, or by emailing hello@eastforged.com. Cancelling applies to any delivery we haven't already charged you for. If you cancel after we've charged you for a delivery, we'll still send it.
d) If we change a subscription price, we'll give you at least `[30]` days' notice and you can cancel before the new price applies.
e) Some payment methods aren't available for subscriptions. We'll show you which ones you can use at checkout.
7. Promotions
a) Promotional offers and discount codes are subject to the conditions published with the offer, which form part of these Terms for anyone who uses them. Unless we say otherwise, an offer can be used once, by the person it was sent to, and can't be combined with another offer.
b) Where an offer requires you to sign up to marketing emails, you're consenting to receive them. You can unsubscribe at any time using the link in any email, and unsubscribing doesn't affect an order you've already placed or a discount you've already used.
c) We may withdraw or change an offer at any time. That won't affect an order you've already placed using it.
8. Product information
Ingredient, allergen, nutritional and storage information is on the can and on the product page. Please read it, particularly if you have an allergy or intolerance. Our teas contain caffeine, which occurs naturally in tea. Information on our website is general only and isn't health, dietary or medical advice.
9. Limitations
a) Nothing in this clause limits your Consumer Law Rights, or our liability for fraud or for death or personal injury caused by our negligence.
b) Despite anything to the contrary, but subject to clause 9(a), to the maximum extent permitted by law:
i) neither party will be liable for indirect or consequential loss, or loss of profits, revenue, goodwill or business opportunity;
ii) each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's acts, omissions or failure to mitigate their loss; and
iii) our total liability arising from or relating to these Terms or the products will not exceed the amount paid for the products the claim relates to.
10. General
a) Disputes. If you're unhappy about anything, email hello@eastforged.com first — most things get sorted out that way. If they don't, both of us agree to meet in good faith to try to resolve the dispute before starting court proceedings, and to appoint a mediator and share the cost equally if that doesn't work. None of this stops either of us seeking urgent court orders, or stops you taking a complaint to your state consumer affairs body, tribunal or the ACCC.
b) Notices. Notices must be in writing, sent to the contact details you gave when ordering or to ours below. Emails are taken as received when sent; letters 48 hours after posting.
c) Force majeure. Neither party is liable for delays or failures caused by events beyond their reasonable control — such as supply chain disruption, cyber attack, natural disaster, government action or a pandemic — provided the affected party promptly notifies the other and takes reasonable steps to limit the impact.
d) Assignment. You can't transfer your rights or obligations under these Terms without our written consent. We may transfer ours as part of a sale or restructure of our business, as long as it doesn't reduce your rights.
e) Privacy. We collect, use and disclose your personal information in accordance with our privacy policy, available on our website.
f) Amendment. We may update these Terms by publishing revised terms on our website. The Terms that apply to your order are those in effect when you place it.
g) Governing law. These Terms are governed by the laws of Queensland. Both parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts that hear appeals from them.
Website terms of use
This website (Site) is operated by East Forged Pty Ltd (ABN 29 632 440 110) (we, our or us).. These website terms of use (Terms) apply to your use of, and access to, the Site. If you buy from us, our terms and conditions above apply as well.
Information and availability
While we use reasonable attempts to keep the content and materials on the Site (Content) accurate and complete, to the extent permitted by law (including the Australian Consumer Law) we don't warrant the accuracy, completeness or suitability of any Content. It may change without notice and we don't undertake to keep the Site up to date. The Content is general information only. We also don't warrant that access to the Site will be uninterrupted, error-free or free from viruses.
Intellectual property
Unless we say otherwise, we own or license the Content and all intellectual property rights displayed or used on the Site, including copyright, designs, artwork, trade marks, logos and domain names (Our Intellectual Property).
We authorise you to access and use the Site for your own personal use, and to display, print and download Content onto your personal device, provided you don't remove any copyright notice. Beyond that, your use of the Site doesn't grant you any rights in Our Intellectual Property, and you must not:
a. copy or use any of Our Intellectual Property, in whole or in part;
b. reproduce, retransmit, distribute, display, sell, publish or broadcast any of Our Intellectual Property; or
c. alter or modify it, frame or embed it in another website or platform, or create derivative works from it.
None of this stops you posting or reposting our Content on your own social media or blog, provided you don't claim it as your own, don't suggest we endorse you unless we've agreed in writing, don't damage or take advantage of our reputation, and comply with the rest of these Terms.
Conduct we don't accept
You must not do, or attempt to do, anything unlawful, prohibited by law, that we would consider inappropriate, or that might bring us or the Site into disrepute. This includes:
a. breaching anyone's privacy or other legal rights, including uploading someone's personal information without their consent;
b. using the Site to defame, harass, threaten, menace or offend anyone;
c. using the Site for unlawful purposes, or providing false or misleading information;
d. interfering with any other user of the Site, or placing an unreasonable load on it;
e. tampering with or modifying the Site, transmitting viruses or malware, or attempting unauthorised access to any part of the Site or our systems;
f. sending unsolicited electronic messages;
g. using data mining, robots, screen scraping or similar tools on the Site; or
h. helping anyone else do any of the above.
Accounts
You don't need an account to buy from us, but you can create one. Keep your login details secure and don't share them, and tell us at hello@eastforged.com if you think someone else has used your account. Give us accurate information and keep it up to date. We may suspend or close an account being used to breach these Terms, or where we reasonably believe it's being used fraudulently — and unless the situation is urgent, we'll tell you first and give you a chance to respond.
User content
You may be able to upload or post content to the Site, such as reviews, comments, photos or videos (User Content), subject to our approval and these Terms.
You're responsible for your User Content. You confirm you own it or have the rights, consents and permissions needed to post it, and that it doesn't breach any law or infringe anyone's rights, including copyright, trade mark, privacy and data protection rights.
By posting User Content you grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, display and perform it in connection with the Site and our business, including to promote the Site and our products.
We're not obliged to publish User Content, and we may edit or remove it at any time without notice — including content we believe breaches these Terms or that we find objectionable.
Third party sites
The Site may link to websites operated by third parties. Unless we tell you otherwise, we don't control, endorse or approve, and aren't responsible for, the content on those sites — please make your own enquiries about them. If you buy from a third-party site linked from ours, that third party supplies you, not us.
If we ever receive a benefit — such as a referral fee or commission — for a link or a featured product, we'll make that clear where it applies.
Our liability is limited
You may have rights under the Australian Consumer Law in relation to the Site and the Content, and you can contact us for more information. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind — including consequential loss, indirect loss, loss of profit, benefit, opportunity or reputation — arising out of or in connection with the Site or the Content. Nothing here limits our liability for fraud, or for death or personal injury caused by our negligence.
Privacy
We respect your privacy and understand that protecting your personal information is important. Our Privacy Policy, available on the Site, sets out how we collect and handle it.
If we discontinue the Site
We may, at any time and without notice, discontinue the Site in whole or in part, or exclude any person from using it.
Which laws govern these Terms
These Terms are governed by the laws of Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and any courts entitled to hear appeals from them.
Changes to these Terms
We may vary these Terms at any time by publishing the varied terms on the Site. We recommend you check the Site from time to time so you're aware of our current terms.
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For any questions and notices, please contact us at:
East Forged Pty Ltd (ABN 29 632 440 110)
Email: hello@eastforged.com
