Website Terms and Conditions of Use
These terms apply to the ordering, purchase and delivery of Goods and Services from the Website, and form a contract between you and Chakra Angel ABN 70 794 198 190 Perth, Western Australia. (Chakra Angel) (Terms). If you have a username account on the Website, you agree that these Terms (as amended from time to time) will apply to all of your Orders.
These Terms contain important information about the ordering, processing and delivery of Goods, including limitation of liability.
- Compliance with Term
1.1 You will be bound by these Terms each time you submit an Order. Each Order you place will be a separate contract between you and Chakra Angel for the supply of Goods.
- Orders for Goods and Products and Services Disclaimer (including Healing Therapies and Readings)
2.1 You acknowledge that all Goods purchased under these Terms are intended for personal use.
2.2. From time to time, Chakra Angel restricts the quantity of Goods which can be purchased in one Order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.
2.3. Chakra Angel will not be liable to you for loss you or any third party suffers for a delay or failure to process your Order or deliver Goods due to inaccurate or incomplete details provided in an Order.
2.4. You agree to obtain consent to provide Chakra Angel with Personal Information of recipients of gifts or Goods Ordered by you.
2.5. You may Order from Chakra Angel if you are aged 16 years or over, and have an active email account or a telephone number at which you can be contacted.
2.6. If you place consecutive or separate Orders, we cannot consolidate your Orders. A separate Delivery Fee, if applicable, will apply to each Order. Subject to any applicable quantity restrictions, you can order as many Goods as you wish in one Order.
2.7. Chakra Angel reserves the right to accept or reject your Order for any reason at any time. If Chakra Angel rejects your Order you will receive a refund of any money paid.
2.8 Product Disclaimer for Tumbled Stones, Gem Stones and Crystals:
Tumbled Stones, Gem Stones and Crystals have been described on the Website with product details as accurately as possible. However, from time to time Chakra Angel has no control over the manufacturers and importers changing aspects’ of their products like altering colours, descriptions of products, markings may be different, general finishing’s and packaging and marketing materials altered without notice. We will make every effort to advise you should the product be different to the image shown on the Website.
As tumbled stones, gemstones and crystals are generally sourced from the earth, each one is unique, a master piece from Mother Earth, therefore please note that there will be variations in appearances of the stones and crystals that are pictured on the Website.
In the event where the stone/crystals appear smaller than what is portrayed in grams on the product description on the website two of the same stone will be provided.
2.9 Healing Therapies and Readings Disclaimer
You acknowledge that by purchasing any healing therapies or readings through Chakra Angel Website the following:
- Any messages received in a reading or a healing session is not a substitute from a licensed medical, psychological, legal or financial professional.
- There are no guarantees, or implied warranties from the Healing Therapists, Readers or Employees, or Subcontractors of Chakra Angel. They are not liable for decisions made or action take as a result of interpretations from information provided. No responsibility will be taken for the choices you make after a reading or healing therapy session.
- The information provided in a reading at Chakra Angel is to be used for guidance only.
- It is advised before making any life changing decisions to seek professional advice.
- For legal reasons Chakra Angel advises that all services under healing therapies and readings are provided for entertainment purposes only.
- By engaging in a reading at Chakra Angel, you understand our readers/healing therapist do not diagnose illnesses, including questions pertaining to pregnancy and death.
- You understand that the use of this website is merely for referencing purposes and is not intended to be regarded as professional judgment or advice.
- Chakra Angel or anyone involved with the provision of these services shall not be liable for any damages arising from the inability to use the services or from errors caused by negligence or otherwise.
- Chakra Angel is not liable for delays in providing information or carrying out our obligations due to factors beyond our control.
- Availability of Goods
3.1. From time to time, some Goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your Order. If this happens, we will refund you the price paid for the Goods impacted.
3.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Chakra Angel will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of sale of a particular Good.
3.3. Where a Good (product) which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.
3.4. Chakra Angel reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, and Chakra Angel will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.
3.5. If your Order is affected by a genuine error (including in a description, an image or a Price), we reserve the right to cancel your Order and refund any money paid to us.
3.6. You acknowledge and agree that:
- all pictures and images of Goods displayed are for illustrative purposes only;
- any accessory featured with the Goods is for illustrative purposes only, and may or may not be sold separately; and
- where we provide dimensions and measurements in the description of a Good, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order.
4. Price and payment
4.1. When you place an Order, we will charge you and you agree to pay the Price and any applicable Delivery Fee.
4.2. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
4.3. Chakra Angel reserves the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, we will supply your Goods at that Price
4.4. Payment methods are specified on the Website at the time you place your Order. They may include coupons, gift certificate, reward system, credit card, PayPal or Direct Debit. The name on any credit card used for payment must match the name on the Order. No cash or cheques can be used through the online website for Chakra Angel.
4.5. Any payment for an Order must be cleared by Chakra Angel before Goods are dispatched. If your payment cannot be processed, your Order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your Order.
4.6. In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
Chakra Angel uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address and phone number, will be supplied to the Delivery Agent for the purpose of delivering your Goods.
5.1 We are able to deliver to PO Box addresses for interstate orders only.
5.2 Delivery is available within Australia in our pre-defined delivery areas for all Goods.
5.3 The Delivery Fees for Chakra Angel Orders are:
- a) Perth Outer Area which is defined by postcode is a flat rate service and takes 1-3 days delivery from date the order is packed and ready for dispatch. The weight allowance is up to 10kg. The cost is $12.95.
- b) Perth Metro Area which is defined by postcode is a flat rate service and is a next day delivery service from date the order is packed and ready for dispatch. The weight allowance is up to 10kg. The cost is $10.95
- c) Perth Regional Area which is defined by postcode is a flat rate service and takes 2-4 days delivery from date the order is packed and ready for dispatch. The weight allowance is up to 10kg. The cost is $25.85
- d) Interstate including ACT, NSW, NT, QLD, SA, TAS and VIC.
Flat Rate Express Post up to 5kg is $25.00. Delivery between 1-3 days working days
Flat Rate Parcel Post up to 5kg is $18.00. Delivery is between 4-10 working days
Flat Rate Express Post up to 3kg is $16.00. Delivery is between 1-3 working days
Flat Rate Parcel Post up to 3kg is $14.00. Deliver is between 4-10 working days.
5.4 You will be notified of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order, and we will refund any payment made.
5.5 Notwithstanding the delivery times in clause 5.3:
- a) Chakra Angel cannot guarantee that delivery will occur in the delivery time frames; and
- b) Chakra Angel is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
5.6 During sales events or specific times of the year like Christmas period Orders may experience delivery delays. Chakra Angel will provide notification on the Website of such delays.
5.7 Delivery of Goods will take place at the Delivery Address specified by you in the Order.
5.8 If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative’s instructions as if they were your own.
5.9 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID or proof of age (for delivery of Restricted Goods). Chakra Angel or its delivery agent may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age.
5.10 To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by specifying details in the notes on the checkout page. This includes, without limitation:
- a) restricted access or parking for our truck;
- b) restricted or limited access to the premises; or
5.11 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a calling card will be left for you to collect the Goods from a local Australia post office for interstate buyers. In the case of Perth, a calling card will be left to organise redelivery. Should you wish for the delivery to be redelivered to a different location a redelivery fee will be charged from the Delivery Agent. It is your responsibility to follow the instructions stated on the calling card.
5.12 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.
5.13 For Interstate Buyers, where you do not collect your Goods from the Australia Post office within 10 days of a failed delivery, Chakra Angel accepts no responsibility for the non-claiming of your delivery. It will be your responsibility to check with Australia Post the location of the parcel. In the event that the order is sent back to Chakra Angel, a redelivery fee may apply to have the ordered re delivered.
5.14 Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order. You must let us know about any damaged, missing and incorrect Goods as soon as possible by contacting 0422 450 980 or email to email@example.com. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any exchanges due to you changing your mind about your purchase will attract another Delivery Fee.
5.15 Insurance and express immediate delivery are not available.
- Restricted Goods
6.1. If you Order Goods that are or contain Restricted Goods, you:
- warrant that you are aged 18 years or over;
- acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years (where relevant); and
- you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.
6.2. Where Chakra Angel has reasonable grounds for believing you have not complied with the above clause, Chakra Angel may cancel your Order and refund any money paid to us in respect of your Order. Chakra Angel may, at its discretion, charge you a fee to cover its administrative costs.
- Order cancellations and returns
7.1. Unless provided for under these Terms or as otherwise agreed by Chakra Angel, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the Delivery Address in an Order. You should carefully check that your Order is accurate before you submit it. You will, however, be able to return Goods under the Returns Policy.
7.2. If we cannot contact you about your Order using the contact details you provided in the Order, after having made reasonable attempts to contact you, we will cancel your Order and refund any money paid.
7.3. Delivery Fees will not be refunded if you return Goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
7.4. Goods can only be returned in accordance with these Terms and the Returns Policy. The Returns Policy forms a part of these Terms.
7.5. Chakra Angel will process any refunds within a reasonable time of agreeing to do so.
7.6. If the original payment was made:
- on a credit card, refunds will be processed on the same card as the original payment was made.
- by a combination of Gift Cards and credit card then:
- refunds will be processed on the same card as the original payment was made first.
- Return card for remaining amount will be emailed to the email address entered at the time you placed your order.
7.7 If you would like to make a return under the Returns Policy and you do not please phone 0422 450 980 or email firstname.lastname@example.org.
- Product Recalls
8.1. If a Good is subject to a product recall, an email will be issued with instructions on the recall.
8.2. You consent to us contacting you or the gift recipient, using the personal information provided on your Order, to notify you of a product recall by telephone, email, SMS, MMS or post.
- Promotions and discounts
9.1. The Goods, Prices, and promotions offered on the Website as in our store.
9.2. You may receive online offers and promotions, whether mailed to your home, distributed with your previous order or emailed to you. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
9.4 All references to times in promotions are based on the local time in Perth, Western Australia.
10.2 We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
10.3 Unless otherwise indicated in your account settings or at the time you placed your Order, Chakra Angel may send you marketing information
10.4 If you wish to change or update your online account information (including your email address, password or communication preferences), simply login to your account with your username and password provided.
10.5 Chakra Angel reserves the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
- Risk & Liability
11.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods by the Delivery Agent or when collected.
11.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
11.3 Chakra Angel excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
11.4 You represent and warrant to Chakra Angel that Chakra Angel will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
11.5 Chakra Angel excludes to the fullest extent possible under law, that, any information provided on the Website is not intended as a treatment or a health diagnosis. The information should also not replace any advice given by your health care professional. Any information provided on the Website specific to healing/tumbled stones/crystals or gem stones and Healing Therapies is from an alternative perspective and does not replace any needed medical care, assessment and evaluation from your healthcare professional.
11.6 Chakra Angel does not guarantee that the information provided on the Website is up to date, correct and complete.
11.7 Chakra Angel is not liable for the misuse of the information contained the Website and no warranty or guarantee is provided. Any advice given on the Website is to be used at your own discretion.
11.8 You agree to defend, indemnify and not hold liable Chakra Angel, its employees, officers, agents, subcontractors, suppliers, from and against all claims, actions, demands, liabilities and settlements, including without limitation, reasonable legal fees on a solicitor/own client basis, arising in connection with your use of the website or resulting, or alleged to result from, your use of the website, or your violation of any of these Terms and Conditions.
11.9 Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12.1 We may, at our discretion, terminate the agreement for the supply of Goods to you:
- for convenience, at any time, on giving notice to you; or
- immediately if Chakra Angel reasonably believes that you have breached these Terms and:
- that the breach is not capable of remedy; or
- if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
13.1 Chakra Angel reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an Order are those that govern that Order.
13.2 Chakra Angel may give notice to you by email. You may give notice to Chakra Angel by email to email@example.com.
13.3 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
13.4 A failure or delay by Chakra Angel to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Chakra Angel does not preclude its future exercise or the exercise of any power or right.
13.5 The laws of Western Australia govern this agreement. Your transaction is deemed to have taken place in Perth, Western Australia.
- Links to and from the Website
14.1 Chakra Angel does not permit the right to establish a link to the Website without written consent.
14.2 The Website may from time to time contain links to other websites. These links are provided as customer service to our users and Chakra Angel is not responsible for the maintenance, content or privacy compliance of the websites. The link to another website does not imply an endorsement, support or sponsorship of the owner of that website or the information, services or products that they provide.
- Copyright and Intellectual Property
15.1 Copyright for content on the Website is the property of Chakra Angel. Unless otherwise permitted by law, the material and information on this site may not be sold, reproduced, copied, displayed or distributed to any person or another website without written approval from Chakra Angel.
15.2 Intellectual property for processes, software, coding and marketing and design of this Website are the property of Chakra Angel.
The following definitions apply to these Terms.
Delivery Address means the address to which the Goods are to be delivered, as stated on your Order.
Delivery Agent means a third party delivery or shipping company engaged by Chakra Angel to deliver Goods.
Delivery Fee means a fee for the delivery of Goods
Goods means the items offered for sale on the Website
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from Chakra Angel under these Terms
Personal Information has the meaning given in the Privacy Act 1988.
Price means the purchase price of each Good as specified on the Website.
Restricted Goods means Goods subject to restrictions on sale in particular jurisdictions, including Goods which may not be sold to minors
Returns Policy means the Chakra Angel Returns Policy.
Website means the sites available from www.chakraangel.com.au
Website Terms means the terms governing your use of the Website, in addition to these Terms. View the Website Terms here.
You and Your means you as the purchaser of Goods from Chakra Angel pursuant to these Terms.