terms of use

Terms and Conditions

These terms and conditions apply to the use of this website and in accessing or using or browsing this website and/or purchasing goods and/or services from this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, then you must refrain from using this website. For the purposes of these terms and conditions, "this website" shall mean www.pearthworms.com.au and is owned by Pearthworms (ABN 14310394776). These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.

Confidentiality Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) if legally required to do so by the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep on the proviso that we are given reasonable notice of such a request. We will not sell, share or rent your personal information to any third party or use your e-mail address for unsolicited mail.

General Information All information provided by this website is for your general information and use only. While we have no reason to believe that any information contained on this website is inaccurate, incomplete or misleading, we do not warrant the accuracy, adequacy or completeness of such information. Pearthworms does not accept any responsibility or liability for any loss or damage suffered as a result of reliance by you upon the accuracy, completeness or currency of information contained on this website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Specific warnings You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Pearthworms does not accept responsibility or liability for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.

Policy for online purchase of goods and/or services If you intend to purchase goods and/or services through this website, you must confirm your acceptance of these website terms and conditions before we will process your order. You cannot purchase goods and/or services through this website unless you are capable of making legally binding contracts. In confirming your acceptance of the website terms and conditions, you also confirm that once your offer to purchase the goods and/or services is accepted by us, your order will constitute a binding contract between yourself and Pearthworms.

Ordering procedure for goods and/or services You may offer to purchase goods described on this website for the price specified on this website by completing the online order form. Your order must contain your name, email address, credit card details and any other information requested. Once your order has been processed you will receive an automated response confirming your details and the goods ordered. The dispatch of the goods from Pearthworms will constitute our acceptance of your offer to purchase those particular goods. We provide no warranty as to the availability of goods advertised through this website.

Payment for goods and/or services Products can be purchased using the secure online Mastercard and Visa transaction facility. Customers can be confident that all of their details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfillment. All prices are in Australian dollars (AU$). All prices are correct at time of publication, however we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order. Prices are exclusive of postage charges. You will be liable for all orders placed using your credit card details and agree to indemnify Pearthworms against any losses, claims or damages arising from the use or misuse of your credit card details by any other person. Ownership and title in the goods does not pass to you until we have received payment in full. We reserve our right to increase or decrease our prices without prior notice at any time. The name that will appear on your statement is Pearthworms. Pearthworms does not refund for change of mind.

Delivery of goods We only ship goods in Western Australia. We will aim to have the ordered goods dispatched and delivered to you within 5 working days of your order being placed with us. We may contact you to discuss delivery options available prior to shipping the goods. We may charge you more for postage and packaging. Pearthworms will not be liable for any delay in delivery of the ordered goods.

Damaged goods Risk of loss or damage to the goods passes to you upon dispatch of the goods to your postal address. If however, the goods are damaged or faulty when they are delivered to your delivery address, please advise us, and return the damaged or faulty goods to Pearthworms within 5 days, or in the case of live worms 1 day, of those goods being delivered. Pearthworms will consider whether to replace the goods or provide a refund to you. If the goods fail to arrive at your postal address within a reasonable time following your order being placed, please notify us. We may replace the goods free of charge. Pearthworms will comply with its obligations pursuant to the Consumer Guarantees Act 1993.

Return of goods No goods will be accepted for return without prior consultation. If we decide to substitute the goods or provide a refund to you, we will notify you, and will require the goods to be returned to us in the same condition as when the goods were dispatched and within 5 days of those goods being delivered to your postal address. Any postage and packaging charges on returned goods are non-refundable.

Colour Disclaimer While we try to ensure a consistency in our colour, the actual colour of our products may vary slightly from the colour of those printed on our website or seen in stores. The colour may also vary between production runs and between individual parts.

Security Pearthworms is committed to protecting the security of your data. No credit card or banking details are collected or stored on this website. When we transmit sensitive information (such as a credit card numbers) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. However, no data transmission over the Internet can be guaranteed as totally secure. While Pearthworms strives to protect such information, Pearthworms does not warrant and cannot ensure the security of any information which is transmitted to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information in accordance with the Privacy Act 1993 and our website Privacy Policy.