TERMS & CONDITIONS
1. About Enchant Jade
Enchant Jade Pty Ltd (“Enchant Jade”, “we”, “us” or “our”) is a company incorporated in Australia.
Our website primarily provides online retail and e-commerce products, including but not limited to everyday-use goods, small kitchen and household appliances, food and related products, handicrafts, accessories and other products.
In addition to the sale of goods, we may also provide travel planning, travel-related services or other services from time to time.
By using this website, browsing its content, or purchasing goods or services through the website, you agree to be bound by these Terms & Conditions.
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2. Definitions
In these Terms:
“Website” means the website and related pages operated by Enchant Jade.
“Customer”, “you” or “your” means any individual or entity accessing, browsing or using the Website, or purchasing goods or services through the Website.
“Goods” means physical goods sold to customers through the Website.
“Services” means travel planning, travel-related services or other services provided by Enchant Jade through the Website.
“Supplier” means a third-party supplier or fulfilment partner that supplies, manufactures, processes, packages or assists with the delivery of Goods to Enchant Jade.
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3. Product and Service Information
We will take reasonable care to ensure that the information about our Goods and Services provided on the Website is accurate, complete and up to date.
Product pages may include information such as product names, images, specifications, dimensions, colours, features, prices, availability, delivery and return information.
Due to differences in display devices, photography conditions, product batches or manufacturing processes, there may be reasonable differences between product images and the actual Goods, including differences in colour, appearance or details.
Unless otherwise required by law, the information provided on a product page should be read together with the specific information applicable to that product.
Product information may be updated due to changes in stock, supply, product availability or other business reasons.
The display of a product on the Website does not guarantee that the product will be available at any particular time.
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4. Enchant Jade as the Seller
E-commerce Goods purchased through the Website are sold to customers by Enchant Jade Pty Ltd as the seller.
When a Customer purchases Goods, the sales relationship for those Goods is between the Customer and Enchant Jade, and not directly between the Customer and the Supplier.
Enchant Jade may source Goods from third-party Suppliers and may arrange for a Supplier or other fulfilment partner to deliver Goods directly to the Customer’s nominated delivery address.
Where a Supplier or fulfilment partner delivers Goods directly to the Customer, this is simply part of our order fulfilment and logistics arrangements and does not change Enchant Jade’s role as the seller of the Goods.
The Customer’s rights in relation to Goods purchased through the Website will not be reduced merely because the Goods are delivered directly by a third-party Supplier or fulfilment partner.
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5. Product Prices
The price of a product is the price displayed on the relevant product page and checkout page.
Unless otherwise stated, delivery charges, applicable service fees or other applicable charges may not be included in the displayed product price.
Before submitting an order, the Customer should review the product price, delivery charges and any other applicable charges shown in the order and confirm the total amount payable.
If a product price contains an obvious technical error, data-entry error or other obvious human error, we may deal with the relevant order in accordance with applicable law and contact the Customer where necessary.
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6. Payment
Customers may make payment using the payment methods made available through the Website.
Some payments may be processed by third-party payment service providers.
Customers are responsible for ensuring that their payment, billing and other relevant information is true, accurate and complete.
If a payment fails, is declined, reversed, cancelled or blocked for security reasons by a payment service provider or financial institution, or if there is a reasonable risk that a payment method or transaction is unauthorised or fraudulent, the order may not be able to proceed.
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7. Orders and Order Acceptance
Submitting an order and completing payment does not necessarily mean that Enchant Jade has finally accepted the order.
Whether an order is accepted and fulfilled will depend on the payment status, delivery conditions, actual product availability and other applicable factors, and will be subject to these Terms & Conditions and applicable law.
If an order is not accepted or is cancelled where permitted by law, we will deal with any amount already received in accordance with applicable law and our applicable refund policy.
Once an order has been accepted and enters the fulfilment process, the Customer must comply with these Terms & Conditions and any applicable rules specified on the relevant product page.
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8. Shipping and Delivery
Different types of Goods may be subject to different logistics services, delivery methods, delivery areas, delivery times, delivery charges and other delivery conditions.
Different products, delivery regions or postcodes may be subject to different delivery charges. Please refer to the shipping information on the relevant product page for details of applicable delivery charges and conditions. If you are unable to interpret the applicable shipping charges or delivery terms yourself, please contact us for confirmation before confirming and paying for your order, to avoid any unnecessary loss arising from a misunderstanding of the applicable shipping charges or delivery conditions.
Customers should carefully review the shipping information provided on the relevant product page before purchasing.
Estimated delivery times are estimates only. Actual delivery times may be affected by carriers, weather, public holidays, customs, logistics arrangements, Supplier processing times or other factors beyond our reasonable control.
Customers must provide a complete and accurate delivery address, postcode and contact details.
If a delivery is delayed, returned or incurs additional costs because the Customer has provided an incomplete, inaccurate or unusable address or contact information, the Customer may be responsible for the resulting costs and consequences, except where otherwise required by applicable law.
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9. Returns, Refunds and Exchanges
Different types of Goods may be subject to different return, refund and exchange rules.
Please refer to the return and exchange information provided in the details of each product.
Different products may have different requirements regarding return conditions, refund conditions, exchange conditions, return periods, product condition, return methods and return shipping costs.
Customers should carefully review the specific return and exchange rules applicable to the relevant product before purchasing.
Any product-specific return or exchange rules must not exclude or restrict any consumer rights that the Customer has under applicable law.
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10. Change of Mind
For eligible e-commerce Goods, if a Customer wishes to return a product simply because they have changed their mind after purchase, Enchant Jade will accept the return and provide a refund of the eligible product purchase amount, provided that the return satisfies the applicable return conditions specified on the relevant product page.
For a Change of Mind return:
1.Any original shipping or delivery charge paid by the Customer will not be refunded;
2.The Customer is responsible for the cost of returning the Goods to Enchant Jade or the nominated return location;
3.The Goods must satisfy the return conditions specified on the relevant product page;
4.The return request must be made within the applicable return period; and
5.Goods that have been used, damaged, have missing accessories, packaging or other necessary components, or otherwise fail to satisfy the applicable return conditions, may not qualify for a Change of Mind return.
The Change of Mind policy applies only to eligible e-commerce Goods.
Travel bookings, travel services and other Services are not covered by this Change of Mind policy and are instead subject to their applicable booking, cancellation and refund terms.
Nothing in this section excludes or restricts any statutory rights that the Customer has under the Australian Consumer Law or other applicable law.
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11. Faulty, Damaged or Not as Described Goods
If e-commerce Goods received by a Customer have a quality issue, have been damaged during delivery, or materially differ from the description provided on the Website, the Customer should contact us promptly.
Enchant Jade may reasonably request photographs, videos, order information or other relevant information from the Customer to assess and confirm the issue.
For Goods that are confirmed to have a relevant issue, Enchant Jade will provide an appropriate remedy based on the nature of the issue, applicable law and the Australian Consumer Law.
Where a replacement is available and the Customer chooses replacement, Enchant Jade may prioritise providing a replacement of the same product and will bear the reasonable cost of delivery of the replacement.
If the Goods have a major failure under the Australian Consumer Law, the Customer has the legal right to choose a refund or replacement.
For a product issue that does not constitute a major failure, Enchant Jade will provide an appropriate remedy in accordance with applicable law.
Nothing in this section excludes, restricts or modifies any rights that the Customer has under the Australian Consumer Law or other applicable law.
Travel bookings, travel services and other Services are not covered by the ordinary e-commerce product issue procedures in this section and are instead subject to their applicable service terms.
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12. Order Cancellation
Enchant Jade may cancel an order that has not yet been completed in the following circumstances:
12.1 Payment or Transaction Security Risk
This may include:
•payment has not been successfully completed;
•a payment service provider rejects, reverses or returns the payment;
•there is a reasonable risk that the payment method is unauthorised; or
•there is a reasonable risk of fraud, an abnormal transaction or another transaction security issue.
12.2 Unable to Deliver
This may include:
•delivery to the relevant destination is not legally permitted;
•delivery cannot reasonably be completed due to logistics or other reasonable circumstances; or
•the delivery address provided by the Customer cannot be used for normal delivery.
•certain Goods may not be eligible for expedited air shipping due to international transportation safety requirements or restrictions. In such cases, the available shipping method and delivery time may be subject to the applicable transportation requirements and restrictions.
•certain Goods may not be eligible for expedited air shipping due to international transportation safety requirements or restrictions. In such cases, the available shipping method and delivery time may be subject to the applicable transportation requirements and restrictions.
12.3 Legal or Regulatory Reasons
Enchant Jade may cancel an order if fulfilling the order may breach applicable law, regulatory requirements or other binding rules.
If Enchant Jade cancels an order under this section and has already received payment from the Customer, we will provide an appropriate refund to the extent required by applicable law.
Travel bookings, travel services and other Services are not covered by these ordinary e-commerce order cancellation provisions and are instead subject to their applicable booking, cancellation and refund terms.
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13. Product Quality and Consumer Guarantees
Enchant Jade aims to provide Goods and Services in accordance with applicable law.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights granted to Customers under the Australian Consumer Law or other applicable law that cannot legally be excluded, restricted or modified.
Australian Consumer Law
Our Goods and Services come with consumer guarantees that cannot be excluded under the Australian Consumer Law.
For Goods that have a major failure, the Customer has the right to choose a refund or replacement.
For Services that have a major failure, the Customer has certain rights under the Australian Consumer Law, including, where applicable, the right to cancel the Services contract and receive a refund for the unused portion of the Services, or compensation for the reduction in value of the Services.
If a problem with Goods or Services does not amount to a major failure, the Customer may require us to remedy the problem within a reasonable time.
If the problem is not remedied within a reasonable time, the Customer may have further rights under the Australian Consumer Law, including rights to a refund, cancellation of Services or other remedies, as applicable.
If Goods or Services have a problem, the Customer may also have rights to compensation for other reasonably foreseeable loss or damage resulting from the problem.
These consumer guarantees do not affect any other rights the Customer may have under the Australian Consumer Law.
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14. Third-Party Suppliers and Fulfilment
Enchant Jade may use third-party Suppliers, manufacturers, warehouse operators, logistics providers or other fulfilment partners to assist with fulfilling orders.
Third parties may be responsible for sourcing, manufacturing, packaging, warehousing or delivering Goods.
In some cases, Goods may be delivered directly to the Customer by a third-party Supplier or fulfilment partner.
These third-party fulfilment arrangements do not change the sales relationship between Enchant Jade and the Customer.
If a Customer has an after-sales issue concerning Goods purchased through the Website, the Customer should contact Enchant Jade first, and we will assist as appropriate.
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15. Travel and Other Services
In addition to e-commerce Goods, Enchant Jade may provide travel planning, travel-related services or other Services.
Travel and related Services may involve hotels, airlines, tour operators, local service providers or other third parties.
Travel bookings and related Services may be subject to booking, payment, cancellation, amendment and refund rules that differ from those applicable to ordinary e-commerce Goods.
Customers should carefully review the specific terms and conditions applicable to a Service before purchasing or making a booking.
Where a third-party service provider has its own applicable terms, the Customer may also be required to comply with those terms.
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16. Website Use
Customers must not use the Website to:
•breach any applicable law or regulation;
•access, modify or interfere with the Website without authorisation;
•attempt to disrupt the normal operation of the Website or related systems;
•upload malware, viruses or other harmful content;
•use automated tools to obtain Website content in an unreasonable manner; or
•engage in fraud, misleading conduct or other unlawful activities.
Enchant Jade may, to the extent permitted by applicable law, restrict or terminate access to the Website where there has been a breach of these Terms & Conditions.
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17. Intellectual Property
Unless otherwise stated, the intellectual property rights in the text, images, graphics, logos, designs, page layouts, software and other content on the Website are owned by Enchant Jade or the relevant rights holders, or are used lawfully by us.
Without appropriate authorisation, Customers must not reproduce, modify, distribute, sell, commercially use or otherwise exploit content from the Website.
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18. Privacy
Enchant Jade will handle personal information in accordance with applicable privacy laws and our Privacy Policy.
Customers should read our Privacy Policy before using the Website or purchasing Goods or Services to understand how personal information may be collected, used, stored and disclosed.
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19. Website and Third-Party Service Availability
We will take reasonable steps to keep the Website operating normally, but we do not guarantee that the Website will always operate continuously, promptly, securely or without errors.
The Website may be affected by maintenance, technical failures, network issues, third-party service interruptions or other factors beyond our reasonable control.
If third-party payment, logistics, communications or other services used by the Website are temporarily unavailable, relevant functions may be affected.
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20. Limitation of Liability
To the extent permitted by applicable law, Enchant Jade will not be liable for indirect or incidental loss arising from a Customer’s use of, or inability to use, the Website.
However, nothing in these Terms & Conditions excludes, restricts or modifies any liability that Enchant Jade has under the Australian Consumer Law or other applicable law that cannot legally be excluded or restricted, including any refund, repair, replacement, cancellation of Services or compensation rights available to the Customer under applicable law.
Where applicable law provides that a particular liability cannot be excluded or restricted, that liability will continue to apply in accordance with applicable law.
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21. Customer Responsibility and Indemnity
If a Customer’s fraud, wilful misconduct, unlawful conduct or material breach of these Terms & Conditions directly causes Enchant Jade to suffer loss, costs or a third-party claim, the Customer may be responsible for the resulting loss to the extent permitted by applicable law.
The Customer is not responsible for loss that was not caused by the Customer’s conduct.
Nothing in this section excludes, restricts or modifies any consumer right or liability that cannot legally be excluded or restricted under applicable law.
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22. Accounts and Website Access
If the Website allows Customers to create accounts in the future, Customers must ensure that their account information is true, accurate and kept up to date.
Customers should take reasonable steps to protect their account login information and should promptly notify Enchant Jade of any unauthorised use of their account.
Enchant Jade may, to the extent permitted by applicable law, take reasonable measures in relation to accounts where there is a security risk, misuse or breach of these Terms & Conditions.
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23. Promotions and Discounts
Enchant Jade may offer discounts, promotional codes, special offers or other promotions from time to time.
Different promotions may be subject to different validity periods, product ranges, usage conditions and other restrictions.
Unless otherwise stated in the applicable promotion, promotional offers cannot be combined with other offers.
The specific terms of a promotion will be set out on the relevant promotional page or in the applicable offer information.
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24. Complaints and Dispute Resolution
If a Customer has an issue concerning Goods, Services, an order, delivery, refund or any other matter, the Customer should first contact Enchant Jade using our contact details.
We will take reasonable steps to understand the issue and work with the Customer towards a resolution.
Customers should provide, where possible, their order number, purchase date, product information and relevant information about the issue to assist us in handling the complaint.
If a dispute cannot be resolved through direct communication, either party may seek further dispute resolution options available under applicable law.
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25. Governing Law
These Terms & Conditions are governed by the applicable laws of Australia.
To the extent permitted by law, disputes arising in connection with these Terms & Conditions or the Website may be dealt with by a court of competent jurisdiction in Australia.
Specific state or territory law and jurisdiction: To be confirmed.
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26. Changes to These Terms
Enchant Jade may update these Terms & Conditions from time to time due to changes in our business, applicable laws, Website functions or other reasonable reasons.
Updated Terms & Conditions will be published on the Website and, where appropriate, the date of the update will be stated.
Where permitted by law, continued use of the Website or continued purchase of Goods or Services after the Terms & Conditions have been updated indicates acceptance of the updated Terms & Conditions.
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27. Severability
If any provision of these Terms & Conditions is determined by a court or competent authority to be invalid, unlawful or unenforceable, that provision will be modified or treated as unenforceable to the minimum extent necessary to the extent permitted by law.
The remaining provisions of these Terms & Conditions will continue to apply to the extent they are not affected.
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28. Entire Agreement
These Terms & Conditions, together with the following documents, form the applicable agreement governing the Customer’s use of the Website and purchase of relevant Goods or Services:
•Privacy Policy;
•Returns & Refunds Policy;
•Shipping Policy;
•specific rules stated on the relevant product page; and
•other terms applicable to specific Services.
If there is any inconsistency between these documents, they will be interpreted in accordance with applicable law and the specific scope of each document.
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29. Contact Us
If you have any questions about these Terms & Conditions, Goods, delivery, returns, exchanges, refunds, orders or other matters, please contact us.
Company Name: Enchant Jade Pty Ltd
Email:info@enchantjade.me
Website: enchantjade.me