Terms and Conditions
lcome to Thurlby HF Pty Limited (“Thurlby”) website online wholesale and retail store.
Terms of Use
By visiting this website and/or placing an order you agree to be bound by the terms and conditions set out below. Please also read our Privacy Policy regarding how we manage information provided by you.
Availability
We cannot guarantee that our products will always be available on a continuous or uninterrupted basis. Whilst we endeavour to keep our stock levels up to date, there is a possibility the item you have ordered may be out of stock. In this unlikely event, we will suggest an alternative or refund you immediately. Some items are sold in packs with mixed fragrances and colours.
Delivery, Payment & Pricing
Online Retail Customers
Purchases may be made by Visa, MasterCard credit cards via PayPal (retail only), through our online payment facility. We aim to ship your order within 2 to 3 working days from Walpole, Western Australia. Within Australia delivery is $18.50 or FREE for orders over $100.
Generally, all products will be shipped out within 1-3 days, we will always attempt to deliver a product within the estimated period. If the expected delivery period for your requested product/s is significantly longer than estimated, you will be contacted and will have the opportunity to cancel your order.
All due care will be given to packing your item for safe delivery.
Online Wholesale Customers
For wholesale orders, you, the purchaser are authorised to place orders on behalf of the company you are representing.
Some items are sold in packs with mixed fragrances and colours.
Delivery of the order will incur freight. Freight is calculated on a weight or cubic basis and calculated at the time of dispatch. Freight will be charged at whichever is the cheapest rate offered by Australia Post or our Freight Carrier.
For NSW, SA & VIC customers - For all orders over $1,500 (ex GST) we offer free freight
For NT, QLD & TAS customers - For all orders over $1,500 (ex GST) we offer half price freight
For WA customers - For all orders over $1,500 (ex GST) we offer free freight
Terms: New Accounts - repayment required before dispatch. For established account customers, strictly 30 Days from invoice date. Stock remains the property of Thurlby Herb Farm until invoice is paid in full.
Orders under $200 + gst incur a packing and handling charge of $20.00 plus freight costs.
Interest is payable by the purchaser at 2% per month on all accounts outstanding for 30 days from date of invoice.
Payment methods that we accept are Visa/Mastercard (by phone), Direct Deposit/EFT (details on invoice) and cheque.
All prices are in Australian Dollars. Prices listed on our website are correct at time of publication, however, we reserve the right to alter the prices for any reason.
All transactions are settled in Australian Dollars (AUD). If you are ordering from outside of Australia and your account details are held in a different currency, it will be automatically converted to Australian Dollars when you complete the transaction. The final charge to your credit card is made in Australian Dollars and the conversion rate will be determined by your bank or card provider (who may also charge a small currency conversion fee). As such, we do not take responsibility if the final amount charged to your card differs slightly from the amount shown on the order receipt.
International orders are not subject to sales tax, so all prices are less 10% when purchased from overseas. Local import duties and taxes may apply in some countries when you receive your goods and it will be the responsibility of the buyer or recipient to pay this. Once you have placed your order online, we will contact you by email to confirm these costs. Please look out for an email and contact us if you do not receive it within two days. International orders will be dispatched by Airmail unless otherwise advised.
Returns and Exchanges
We want you to enjoy shopping with us. If you are not entirely satisfied please contact us so that we can make sure we meet your expectations.
Please choose your purchase carefully as all sales are final. No returns or exchanges on any product will be accepted unless faulty or the incorrect item is shipped to you. Please see our Shipping and Returns Policy for further details.
We will gladly refund, credit or exchange products in original sale condition on presentation of the original Thurlby sales receipt. Delivery and packaging charges are not refundable unless as a result of our error. For returns please contact us on (08) 98401249 or info@thurlbyherb.com.au
Faulty goods: Should you believe a product is faulty, please email us immediately to discuss the best course of action.
Please do not return products without first contacting us on (08) 9840 1249 or info@thurlbyherb.com.au
Intellectual Property
Our website includes copyright material, images, trademarks and registered trademarks which are the property of Thurlby. This material may only be used for the purposes of browsing our website and purchasing products. Permission will need to be sought if images or information is to be printed or copied for any other reason.
Limitation of Liability
To the maximum extent permitted by law, our liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at our option. Our exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity, even if we have been notified of the possibility of such loss or damage. You agree that our liability, if any, to you at law will be reduced by the extent, if any, to which you contributed to the loss.
Disclaimers
Thurlby reserves the right to change or withdraw products without notice and amend prices at any time. Information contained throughout the web pages is believed to be accurate and reliable at the time of publishing, however there may be misprints, human errors, and omissions. We also take all due care in ensuring that our website is free of any virus, however we are not responsible for any damage to your computer system which arises in connection with your use of our website on any linked website.
The customer is responsible for determining whether a particular product is fit for purpose or use. Every effort has been made to ensure the accuracy of the information contained on this website. Thurlby, however, shall have no liability to any entity with respect to any inaccuracy, misleading information, loss or damage caused directly or indirectly by the information contained on this site. We reserve the right to correct and amend inaccurate information and are not bound in any way through the publication of incorrect information to honour or commit to obligations as a result of those inaccuracies. The information contained on our site is general in nature and is not an endorsement of any particular product.
Promotional Offers
We reserve the right to verify the validity of any promotional offer redeemed by you at any time. If we have reason to believe that there has been unauthorised use of a promotional offer or code, it is open to us to revoke the order and/or cancel your order at our discretion.
Unforeseen Events
You acknowledge that in the event of any failure on our part to deliver goods or services resulting from events beyond our control and that are not reasonably foreseeable, we are released from any liability or obligation to fulfil contractual agreements. These events could include war, conflict, natural disasters, fire or flood, strikes or lack of delivery from our suppliers.
Entire Agreement
The Agreement (being these Terms and Conditions and any other policies displayed on the Website) represents the entirety of the agreement between you and us, and supersedes any prior agreement of understanding between you and us, whether oral or in writing.
Any indemnity, agreement, representation or promise provided by you to us, as set out in this Agreement, shall be taken to be an indemnity, agreement, representation or promise also provided by you to our employees, officers, agents and shareholders and any related entity of ours in relation to the Website.
Waiver
If we fail at any time to insist upon strict performance of any of your obligations under this Agreement, or fail to exercise any of the right to which we are entitled under them, this shall not constitute a waiver of any subsequent default. No waiver by us of any term of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Termination
We reserve the right to terminate this Agreement at any time. We shall not be liable to you for any cost, expense, or damages whatsoever for terminating this Agreement.
Severability
If any provision of this Agreement is determined by any Court to be invalid, unlawful or unenforceable to any extent, the provision is to be severed from the Agreement, such that the remaining provisions of this Agreement continue to be valid to the fullest extent permitted by law.
Jurisdiction
This Agreement is governed by the laws applicable in Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia. While this Website may be accessed both in Australia and overseas, we make no representations that the content of the Website complies with any laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your risk and must comply with the laws in force in that country.