Terms & Conditions
Extra Hand Fundraising Terms and Conditions of Sale
Contents
User agreement
1.0 General
2.0 EHF In-House Products
2.1 General
2.2 Delivery, payment and cancellation
2.2.1 Delivery policy
2.2.2 Payment policy
2.2.4 Cancellation policy
2.3 Service and Guarantees
2.4 Privacy Policy
2.4.1 Use of collected personal information
2.5 Availability of stock
3.0 Donor Products
3.1 General
3.2 Delivery, payment and cancellation
3.3 Service and guarantees
3.4 Privacy Policy
4.0 Donor products processed by EHF
4.1 General
4.2 Delivery, payment and cancellation
4.3 Service and guarantees
4.4 Privacy Policy
4.0 Donations
5.0 Right to amend
6.0 Severability
7.0 Jurisdiction
User agreement
The following terms and conditions contained on this webpage constitutes a contractual agreement between the user/customer of the Extra Hand Fundraising website and Extra Hand Fundraising (hereafter, “EHF”). By utilising this website (whether for browsing or purchasing purposes), the user/customer agrees to be bound by the terms and conditions of this agreement.
1.0 General
The EHF website contains three types of products. The products contained on the EHF website include:
EHF in-house products: Products that have been provided (either sold or donated) to EHF by third-parties which EHF sells and ships.
Donor-products: Products that are listed on the EHF website that are available to purchase on our Donors’ website through the ‘Buy Now’ button.
Donor products processed by EHF: Donor products that are processed on the EHF website and are shipped by the relevant Donors.
Please read the separate terms and conditions pertaining to each distinct type of transaction prior to making a purchase.
2.0 EHF In-House Products
2.1 General
EHF supplies products that are for sale on the EHF website. These in-house products are under the possession of EHF up until shipment. The online transaction for these products will take place directly on the EHF website and customers will not be directed elsewhere to complete the transaction (except in the case of PayPal payments in which customers’ will be redirected to pay securely on the PayPal website).
2.2 Delivery, payment and cancellation
Customers should contact EHF directly regarding any issues or enquiries about the shipping, delivery and payment of a product/s. Customers will be informed of the payment, shipping and delivery method prior to, or at the point of sale.
2.2.1 Delivery policy
The title and risk of the purchased goods is passed to the customer on the date and time that the products in question are delivered to the delivery address specified on the customer’s order. Customers should therefore take diligent care to ensure the delivery information provided to EHF is correct and accurate.
EHF offers free delivery for all products listed on the EHF website. EHF offers standard free delivery only; express postage is not available.
EHF delivers to residential and business addresses only within Australia. In some circumstances it may be the case that EHF will not be able to deliver products to certain parts of Australia, and in which case customers will not be able to process orders through the EHF website. EHF can also deliver to Australia Post PO boxes and postal lockers.
Following the shipment of an order, EHF will e-mail the customer with confirmation of shipment and subsequent order updates.
Customers may be required to be available in person to accept the delivery of their purchased goods. Upon delivery of the goods, the customer may be required to sign a proof of delivery document. If the customer is not present at the time of the delivery, a calling card may be left at the delivery address by the postal service provider for collection of the products from a designated location at a later time or contact details for the customer to rearrange redelivery. If the goods are not collected within the specified time, they will be returned to EHF. Additional delivery fees will apply for redelivery. EHF will not offer refunds, returns or replacements for a customer’s failure to comply with this delivery policy.
If the customer requires the goods to be redirected to an address different to the one provided on the order, and the goods have already been shipped, EHF will use reasonable endeavours to redirect the goods to the new address and may charge a fee for doing this. It is best practice for customers to contact the postal service provider first to see if this is achievable.
EHF will endeavour to ship and deliver goods within any given stipulated timeframes. However, all delivery timeframes that are stipulated on the EHF website are estimates only. Accordingly, EHF does not warrant or guarantee that the estimated timeframe of shipment or delivery of goods will always be met, as there are many factors that may impact upon these timeframes. In every event, EHF will ship and deliver purchased goods as expeditiously as it is practicable to do so.
EHF employs the services of Australia Post to deliver products to customers. To the extent that cannot be excluded under law, EHF will not be liable to the customer or any other person, for any loss, damage, cost or expense sustained by a customer or any third-party as a direct or indirect result of the failure, delay or any other act or omission, carried out by our delivery contractor, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
2.2.2 Payment policy
EHF accepts payments via bank transfer, PayPal as well as credit card (Visa and MasterCard) or direct debit (which is processed securely by PayPal). EHF does not accept partial payments or AfterPay. Payment must be given in full using one of the authorised payment methods at the point of sale.
When placing an order on the EHF website, the customer agrees to pay the overall total amount of their order. The overall total amount for an order is inclusive of the product/s, GST, delivery fees and any additional fees imposed by the customer’s credit card provider, bank or PayPal. The overall total amount will be displayed prior to payment.
EHF will process and ship orders once payment has been received in full. In the event that a payment cannot be processed, the order will be rejected and the customer will be notified at checkout and/or via e-mail. The receipt of payment may be affected by the business-day timeframe as well as public holidays.
In paying or attempting to pay for Goods, the customer agrees that they have not engaged in any fraudulent conduct or contravened any law.
2.2.4 Cancellation policy
EHFs right to cancel
EHF reserves the right to cancel any order, at any time prior to delivery and for whatever reason. This includes, but is not limited to circumstances:
Where there is a limited amount of stock that has become unavailable;
An event beyond EHFs control (or our contractors control e.g. delivery services), such as weather events, strike or failure of computer systems, render EHF being unable to supply the goods within a reasonable time;
Where the goods ordered were subject to an error on the EHF website, for example, in relation to price, description or image, which was not realised prior to the order being accepted.
In complying with the customers right to cancel.
Where EHF cannot contact a customer about an order using the contact details provided in the order, after having made reasonable attempts to contact the customer, EHF may cancel the order, and may refund the money paid, if cancellation occurs prior to shipment.
Customers right to cancel
Unless provided for under this agreement, no cancellations or changes to orders will be accepted, and the goods will be delivered to the delivery address provided under an order.
However, customers may cancel an order, without being charged a cancellation or postage fees, in circumstances where EHF:
Has breached a material term of this agreement; or
Is not able to deliver the customer’s order within a reasonable time of the estimated delivery time listed on the website, however, this does not include situations where the delay:
was partly or wholly the responsibility of the customer (for example the customers failure to provide correct delivery information or the customers failure to pay).
was outside EHF’s control.
2.3 Service and Guarantees
EHF products are subject to guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth). EHF customers are entitled to a refund or replacement for a major failure and for compensation for any reasonably foreseeable damage or loss. A major failure is one that:
a customer would not have purchased if they had known about the problem;
is significantly different from the description, sample or demonstration shown;
is substantially unfit for its normal purpose;
is unsafe.
If the problem does not amount to a major failure and the goods fail to be of acceptable quality, then the customer is entitled to return the goods to EHF for repair at no cost (no refunds or replacements will be available unless the failure is beyond repair). For minor failures, goods will be repaired within a reasonable timeframe. An estimated time frame for repair may be provided, however this timeframe may vary product-to-product and may change due to reasons beyond the control of EHF or the repairers’.
If a customer wishes to request a refund, return or replacement for a product, the request must be made within a reasonable time after the date the item was received. This timeframe may vary from product to product and may depend on the nature of the goods, the price of the goods and any representations made about the goods. EHF reserves the right to reject a claim for a refund, return or replacement if the claim has not been made within a reasonable timeframe.
To obtain a refund, return or replacement, customers must provide proof of purchase from EHF and EHF needs to be satisfied that: the product is faulty, the cause of the fault and the problem with the goods was not the customers fault. EHF also reserves the right to have the returned goods assessed within a reasonable timeframe by the supplier or manufacturer to determine this.
EHF will process any refunds within a reasonable time of agreeing to do so. Payment will be paid via the same payment method (using the same account/card) that the payment was made for the original order.
EHF does not offer refunds, returns or replacements for change of mind, or for the customers failure to use due diligence to ensure that a product or service will satisfy their individual requirements.
To the fullest extent under law, EHF reserves the right to not provide a replacement, return or refund (or any other remedy) in circumstances where the product has been used predominantly in a commercial or business environment, or used for commercial or business purposes, and EHF has not, prior to purchase, expressly advised that the product is designed for that environment or purpose. EHF furthermore reserves the right to not provide a refund, return or replacement in circumstances in which the customer has used a product in way or in a manner that EHF has expressly advised that the product is not to be used in that way or manner.
To the fullest extent under law, EHF disclaims all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these terms and conditions.
By purchasing EHF products, customers warrant and represent to EHF that EHF will be excluded from liability for any injury or expense (including economic, consequential, special or indirect loss such as loss of profits, anticipated savings, loss of revenue, good will or business opportunity, or injury to reputation) in contract, tort, under statute or otherwise, howsoever caused including those arising directly or indirectly from, or in connection with, these terms and conditions.
EHF’s liability to the customer for loss or damage of any form arising out of these terms and conditions will be reduced or limited to the extent (if any) that the customer has caused or contributed to the relevant loss or damage.
2.4 Privacy Policy
EHF handles personal and sensitive information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained therein.
EHF defines personal information as information such as a customer’s postal or residential address, telephone number, e-mail address, name and title. Personal information is only collected by EHF in the event that a customer is making a purchase and/or is registering an account. Personal information is not collected by EHF if a user/accessor is only browsing this website (however, the user’s IP address may be collected).
EHF will take reasonable precautions to ensure that any personal or sensitive information provided to EHF is protected against unauthorised access and disclosure.
Any personal information that is provided to EHF by a customer during the completion of a transaction will be used solely for the purposes of carrying out that transaction and delivering goods. Such information will not be used for any other purpose, unless consent has otherwise been given by the customer (for further information please refer below to subheading 2.4.1).
EHF stores personal information from customers (both registered customers and guests) who purchase products on the EHF website. Personal information is stored on the EHF database for the purposes of potential refund/return/replacement claims as well as for the convenience of future transactions. Customers are welcome to contact EHF if they wish to permanently remove personal information from the EHF database.
EHF does not at any time handle (or therefore store) sensitive information, namely payment details. When a customer provides credit card, bank or PayPal details for purchasing on EHF, this correspondence is solely between the payment provider and the customer. EHF does not receive any sensitive information during this process. EHF will merely be notified whether or not the payment transfer has been successful, which will subsequently lead to shipment. Customers should therefore consult their payment providers policy in regards to privacy.
2.4.1 Use of collected personal information
Membership and order updates
EHF will use the customers e-mail address to send messages regarding the customers membership account and orders that have been placed (such as the order confirmation, invoice and status updates). EHF may also contact the customer via e-mail or telephone regarding any issues relating to the order.
Direct marketing
Upon registering an account with EHF, customers will be presented with the option for signing up to receive marketing information (this includes information about discounts, specials or informative product information). In accordance with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth), EHF will not use or disclose personal information for the purposes of marketing or transmit such information to third parties for the purposes of marketing, unless consent is given to do so.
Customers will only receive marketing information if they actively elect to enable this function by ticking the relevant check box at registration. Customers may, at any time, contact EHF and request for EHF to cease marketing correspondence. In any circumstance, EHF does not send personal information to third parties for the purposes of marketing.
2.5 Availability of stock
EHF is often provided with one-off quantities of stock which if of limited availability due to EHF being donated or sold products from companies that are inoperative or are soon to be inoperative. Accordingly, EHF cannot guarantee the short-term or long-term availability, whether in regards to the type or the amount, of certain stock items.
Customers acknowledge and agree, that periodically, certain products or services may be out of stock or unavailable. EHF reserves the right to withdraw or suspend the sale of any products or services contained on the EHF website, either temporarily or permanently, at any time and without notice to the customer. EHF will endeavour to ensure that customers are aware of the availability of stock by displaying the stock status on the product webpage. However, it is advised that customers should contact EHF directly to verify whether the stock amount that is available is sufficient to satisfy the customers individual requirements prior to purchase.
To the extent that liability cannot be excluded under law, EHF will not be liable to the customer, or to any other person, for any loss, damage, cost or expense sustained by a customer or any third-party, as a direct or indirect result of the unavailability or limited availability of any products or services at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.
3.0 Donor Products
3.1 General
Apart from the EHF “In-House Products”, all other products advertised on the EHF website are under the possession of our Donors. A customer purchasing a Donor product will be required to either complete the purchase on the EHF website in which EHF will send the relevant transaction information to the applicable Donor for shipment (see section 4.0) or, the customer will be redirected to the Donor’s website to complete the transaction (i.e. “Donor Products”).
3.2 Delivery, payment and cancellation
Once a customer makes a purchase of our Donor’s products, the Donor will assume the responsibility and liability for delivery and payment. When a customer purchases our Donor’s products, the commercial agreement being made is between the customer and the Donor; EHF is simply helping to bring about this commercial exchange. A percentage of the commission that EHF will earn by helping to bring about this commercial exchange will be donated to charity. Accordingly, any queries, complaints or problems that a buyer has, must be taken up directly with the Donor. Buyers should therefore consult the Donor’s website regarding delivery and payment as well as any other relevant terms and conditions, when and prior to, making a purchase.
A customer purchasing donor products will be subject to the cancellation policy of the relevant Donor.
Customers acknowledge that some Donor products are available for pick up only from the Donor’s store.
3.3 Service and guarantees
All Donor products listed on the EHF website are subject to the Donor’s terms and conditions relating to service and guarantees. Customers who purchase Donor products via the EHF website will be granted the same level of service and guarantees as any other customer who purchases directly from the Donor website. Customers should contact the Donor directly in the event of any problems or concerns with regards to a Donor product.
3.4 Privacy Policy
Customers who purchase Donor products will be subject to the privacy policy of the Donor company. Donors will grant the same rights and protections as those granted to customers who purchase directly from the Donor’s website.
For the purchase of Donor Products, EHF and a third-party affiliate will collect and store particular customer information (only the customer’s name and IP address) for the purpose of identifying any commission that EHF is entitled to for the purpose of donating to charity. This information will be stored by the third-party affiliate for 30-90 days.
4.0 Donor products processed by EHF
4.1 General
“Donor products processed by EHF” are products possessed by our Donors for shipment, but are processed on the EHF website, rather than the Donor’s website. The customer will provide EHF with the relevant personal information to process the order, and EHF will send that information to the Donor along with the successful receipt of payment, in preparation for shipping.
4.2 Delivery, payment and cancellation
The policy under section 3.2 of this agreement applies.
4.3 Service and guarantees
The policy under section 3.3 of this agreement applies.
4.4 Privacy Policy
Any customer information that may be imparted to EHF during this transaction process will be treated with the same degree of protection and secrecy as those granted to customers who purchase EHF in-House products (see section 2.4 of this agreement).
Customers who purchase Donor products will be subject to the privacy policy of the relevant Donor organisation. Donors will grant the same rights and protections as those granted to customers who purchase directly from the Donor’s website.
For the purchase of Donor Products, EHF and a third-party affiliate will collect and store particular customer information (only the customer’s name and IP address) for the purpose of identifying any commission that EHF is entitled to for the purpose of donating to charity. This information will be stored by the third-party affiliate for 30-90 days.
4.0 Donations
In all cases, the percentage of the cost that will be donated to charity through the purchasing of a product varies amongst each individual product listing. The percentage amount of the cost that will be donated to charity will be clearly displayed on each individual listing under the heading, ‘Listing Specific Terms & Conditions’. The amount that will be donated to charity will be calculated using the applicable percentage amount applied to the overall total cost of the order (this amount is inclusive of the purchased products, the GST and bank/credit-card/PayPal fees).
Once a transaction has been executed and the customer has possession of their product, and the period of refunds has ended, this will subsequently result in the relevant donation being made to charity on behalf of EHF.
5.0 Right to amend
EHF reserves the right to amend these terms and conditions at any time, and without notice to the customer. Any amendment will take effect from the time that the amendment/s appears on the EHF ‘Terms and Conditions’ webpage. A customer will be bound by the applicable terms and conditions that are in effect at the time that an order was placed. It is recommended that EHF customers review these terms and conditions each time an order is placed for possible amendments that may affect a customer’s satisfaction with an order or purchasing experience.
6.0 Severability
In the event that any part or provision of the EHF terms and conditions are deemed to be void, invalid, unlawful or unenforceable by a court of law, then the particular provision/s or part/s will be deemed to be severed from the EHF terms and conditions, and the remainder of this agreement will continue in full force and effect.
7.0 Jurisdiction
The terms and conditions of EHF will be governed and interpreted in accordance with the laws of Queensland, Australia. Customers and users of the EHF website must irrevocably agree that any dispute or legal proceedings that are initiated in relation to the EHF website shall be brought exclusively before the Courts of Queensland, Australia.
