Terms & Conditions
These terms and conditions apply to all purchases made from Yellow Earth. These Terms and Conditions together with your order constitute the entire Contract between Yellow Earth and you for the supply of products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Trademarks, Copyrights and Restrictions
All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Yellow Earth, its related companies or by other parties that have licensed their material to Yellow Earth. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Yellow Earth.
The use of this website and these conditions shall be governed by and construed in accordance with the laws of Australia. Any legal action arising out of its use shall be brought and enforced under the laws of the state of Victoria, Australia. By using this site, you agree to submit to the laws of the state of Victoria, Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the laws of the state of Victoria, Australia.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not place orders with Yellow Earth. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Yellow Earth suffer any damage or other losses as a result of a transaction entered into by a minor, Yellow Earth reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Yellow Earth.
Orders & Delivery
All orders placed through this web site are subject to confirmation and acceptance by Yellow Earth.
Yellow Earth may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you.
Yellow Earth or its agent, will deliver goods you order to the address you specify in your order, subject to their availability. Where the goods are not available you will be notified of this by Yellow Earth as soon as possible. Anyone at the delivery address who receives the goods will be presumed by Yellow Earth to be authorised to receive the goods.
If there is no-one at the delivery address, or no-one of the appropriate age to receive and pay for the order, Yellow Earth may charge you additional delivery fees.
Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.
Yellow Earth reserves the right to restrict sales to retail quantities, when supplying resellers and distributors.
As a general rule we do not ship goods to the PO Boxes. If you have special delivery requirements, please contact us for further information.
Any order cancellations, after completion of payment, will incur a 15% cancellation fee, to cover administrative overheads. Cancellation requests after the dispatching of goods will be treated in accordance with Yellow Earth’s returns and refunds policy.
Returns & Refunds
Please choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order reference number.
If a product is wrongly described, different from a sample shown or faulty, you may choose between a replacement, store credit or refund. Yellow Earth will pay all freight charges. Please note the incorrectly sent item will need to be returned in its original condition.
If you purchased your product from a Yellow Earth store and wish to return or receive a refund on your product, please contact the store directly.
Other types of returns and refunds may be agreed to at the discretion of Yellow Earth.
Please contact us if you wish to return or receive a refund on one of our products.
Prices & Payment
For each online order, you must pay:
- the applicable price for the relevant goods, confirmed by Yellow Earth; and
- the delivery and handling fee, specified on the web site at that time.
Your order and credit card details are safe and secure. All personal and credit card information provided to Yellow Earth is encoded using 128-bit Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet.
At this stage we can only accept payments using the methods stated on the Payment page upon the checkout.
We are unable to accept COD charges.
The payment shell be made in full and must be cleared before the goods are dispatched.
Australian customers, please note, that all prices listed are inclusive of GST.
For customers with a delivery address outside of Australia, you may be required to pay any additional fees that include duties, taxes, VAT, brokerage fees as mandated by the country for which the shipment is received. Fees will be paid to the delivery agent/courier.
Your Account
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Yellow Earth in connection with any use (whether authorised or unauthorised) of your user name or password. Yellow Earth may suspend or cancel your account at any time without prior notice.
Pictures
Yellow Earth aims to include up-to-date pictures of all products on this web site. However, our pictures of the products may differ from the actual products. Yellow Earth makes every attempt possible to reflect the actual colour of the products in the pictures presented. The accuracy of pictures displayed is also depends on the type of monitor used and the computer setting. Where possible, multiple views of the product are provided, to minimise any discrepancies.
Privacy
Yellow Earth will comply with it`s Privacy Policy. Yellow Earth will not reveal your personal information to external organisations except for the purposes of fulfilling your order.
Liability
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Changes To Terms
Each order is governed by the terms and conditions current when the order is placed. Yellow Earth may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.
Force Majeure
Yellow Earth shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Yellow Earth, and Yellow Earth shall be entitled to a reasonable extension of time for the performance of such obligations.
Applicable Law
All purchases, and these terms and conditions, are subject to the laws of the state of Victoria, Australia.
GST
All purchases at Yellow Earth include GST unless otherwise stated on a product listing. A GST compliant receipt is included with every customer order.
For orders shipped to outside of Australia the 10% GST will not be applied at the checkout time of your purchase.
