Terms and Conditions

WEBSITE TERMS AND CONDITIONS

DATED: THE First DAY OF December  2009 WEBSITE TERMS AND CONDITIONS


In these terms and conditions, “we” “us” and “our” refers to PeacefulSilkworms.  Your access to and use of all

information on this website including purchase of our product/s is provided subject to the following terms and

conditions.


We reserve the right to amend this Notice at any time and your use of the website following any amendments will

represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that

each time you access our website you read these terms and conditions.

 

Products:

 

We offer no guarantee for worms fed on mulberry leaves. Mulberry leaves are often contaminated either by chemicals

or fungas/bacteria which can cause death or disease in Silkworms.

 

All shipping and handling costs are included in the price for each item, Peaceful Silkworms chooses to ship orders

that total over a given amount via Express or Registered shipping.

 

If express shipping is required please request either in your checkout comments or via email

info@peacefulsilkworms.com.au.

 

If you experience a considerable fail rate in hatching of your silkworm eggs please contact immediately, replacement

eggs will be sent out only after failed eggs are returned and viewed.

 

If returned eggs appear to have been eaten out or damaged in anyway by bugs or atmosphere such as excessive

moisture, dryness or heat or if failed eggs are not returned, there will be no replacement offered.

 

Our Website Services

 

15.    Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our

website, you acknowledge that you are over 18 years of age.


16.    All prices are in Australian Dollars (AUD) and are exclusive of GST.  We endeavour to ensure that our price list

is current.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any

time.  If you have placed an order, we reserve the right to cancel your order should our prices change.


Product Descriptions


17.    We strive to ensure that our products are described as accurately as possible on our website, however we do

not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to

correct any error or omission.


18.    Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce

in true colour nor that any given image will reflect or portray the full design or options relating to that product.


Product Orders


19.    Our products are for sale to adults over the age of eighteen (18) years.  By proceeding to purchase through our

website, you acknowledge that you are over 18 years of age.


21.    We endeavour to ensure that our product list is current however we give no undertaking as to the availability of

any product advertised on our website.


22.    All prices are in Australian Dollars (AUD) and are exclusive of GST.  Our price list can be accessed from our

home page and we reserve the right to amend our prices at any time.  If you have placed an order, we undertake to

fulfil your order at the price listed at the time you ordered.


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24.    When you order from us, we require you to provide your name, address for delivery, your email address and

telephone contact.  We undertake to take due care with this information; however in providing us with such

information you accept that we are not liable for its misuse due to error in transmission or virus or malware.


25.    We undertake to accept or reject your order within 7 days.  If we have not responded to you within 7 days, your

offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the

most likely reason for rejecting your offer will be that we do not currently have that product in stock.


26.    Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your

offer is still pending.


27.    Delivery of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we

have received payment.  Our terms of payment are set out on the order page.


28.    All risk of loss or damage to the goods passes to you when we despatch the goods.


Product Returns


30.    We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition.  If

you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage

where we set out our requirements relating to return of such goods.


32.    If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for

the amount for the purchase including packaging and postage charges.


Site Access


34.    When you visit our website, we give you a limited licence to access and use our information for personal use.


35.    You are permitted to download a copy of the information on this website to your computer for your personal use

only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use

of our content in any other way infringes our intellectual property rights.


36.    Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish,

distribute or display any of the information on this website without our prior written permission.


37.    The licence to access and use the information on our website does not include the right to use any data mining

robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our

prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or

mirroring of our website.


Hyperlinks


38.    You may link our website with our consent.  Any such linking will be entirely your responsibility and at your

expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and

you must not frame or reformat any of our pages, files, images, text or other materials.


Intellectual Property Rights


40.    The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or

we have a licence to use those materials.


41.    All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this

website are either owned by us or we have a licence to use them. Your access to our website does not license you to

use those marks in any commercial way without our prior written permission.


Disclaimers


44.    Whilst we have taken all due care in providing the information on our website, we do not provide any warranty

either express or implied including without limitation warranties of title or implied warranties of merchantability or

fitness for a particular purpose.


45.    To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and

conditions is excluded.


46.    We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware,

however we are not responsible for any damage to your computer system which arises in connection with your use of

our website or any linked website.


47.    From time to time we may host third party content on our website such as ad

vertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with

the owners of that material and we are not responsible for any errors or omissions in such material.


Limitation of Liability


48.    To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the

supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied

again.


49.    We accept no liability for any loss whatsoever including consequential loss suffered by you arising from

product/s we have supplied.


Indemnity


50.    By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs

and expenses including legal fees arising from or in connection with your use of our website.


Force Majeure


51.    If a Force Majeure event causing delay continues for more than 14 days, we may terminate this Agreement by

giving at least 2 days Notice to you.  “Force Majeure” means any act, circumstance or omission over which we could

not reasonably have exercised control.


Jurisdiction


52.    These terms and conditions are to be governed by and construed in accordance with the laws of QLD Australia

and any claim made by either party against the other which in any way arises out of these terms and conditions will be

heard in QLD and you agree to submit to the jurisdiction of those Courts.


53.    If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed,

construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If

necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will

remain in full force and effect.


Privacy


54.    We undertake to take all due care with any information which you may provide to us when accessing our

website. However we do not warrant and cannot ensure the security of any information which you may provide to us. 

Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve

such information in a secure manner.


55.    Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from

the bottom of any page on our website.