Below are our Terms of Service, whilst they are annoyingly lengthy, they need to be in order to protect Wombat Warmth against a small minority of people that try to take advantage of small businesses like us.

If you have any issues or queries with these Terms of Service, please head to our contact page and submit an inquiry request.

1. OVERVIEW

a) Welcome to WombatWarmth.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have listed for sale through the Website (the ‘Products ‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services ‘). This website is operated by Wombat Warmth Pty Ltd; throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Wombat Warmth. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

b) By visiting our site and/ or purchasing something from us, you engage in our ‘service’ and agree to be bound by the following terms and conditions (referred to as ‘terms of service’ or ‘terms’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are customers, merchants, vendors, browsers, and/or contributors of content.

c) By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

d) Any new features, options, products, or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

e) You may not use the Purchase Services and may not accept the Terms if:

  • a) you are not of legal age to form a binding contract with Wombat Warmth Pty Ltd; or
  • b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

f) Please read these Terms of Service carefully before accessing or using our website.

2. ONLINE STORE TERMS

a) By placing an order, you are offering to purchase a product on and subject to these Terms of Service. Product(s) which are ordered by you are subject to availability and confirmation of the order price.

b) By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

c) You may not use our products or website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services and may result in legal action.

d) ‘Discount’ or ‘coupon’ codes are only applicable as advertised on our website, these codes are also subject to their individual terms and conditions as well. Only a single discount code can be applied upon checkout. We reserve the right to cancel and refund orders at any time.

e) Risk and title in any products ordered by you through the Service passes to you on the date and time of delivery of those products to the nominated third party delivery or shipping company as selected by us. If your payment is declined or reversed for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Aside from any manufacturing defects covered under our warranty policy, risk of loss, damage or deterioration to any products will pass to you on delivery to your nominated address It is your responsibility to ensure that you enter delivery address details correctly.

f) The special terms associated with our current offers, discounts and applicable products can be found here. We may offer discount codes to be used from time-to-time. No more than one (1) discount code may be used in relation to a single transaction.

g) We provide efficient, extensive, and sustainable shipping options to ensure you have a frictionless customer experience. We use Sendle as our delivery partner, and the usual shipping service is Standard Delivery. By default, this service will require a signature. By purchasing a product from Wombat Warmth, you authorise us to transact with Sendle on your behalf to ship the product to your elected delivery address.

h) You acknowledge that you accept our Warranty Policy, and that Wombat Warmth’s warranty obligations to you end once the warranty period of the product has expired.

i) Purchasing a product from Wombat Warmth, your order will automatically be elected to our Covered Shipping. Under our Covered Shipping, if your product is lost, damaged or stolen in transit, we will arrange for a free replacement order to be sent to you. In providing a free replacement order, Wombat Warmth in no way accepts responsibility for the actions of Sendle and merely provides you with an additional service by agreeing to replace your lost, damaged, or stolen product at no extra cost to you. In the event of your product being, lost, damaged, or stolen, we ask for more details. We do not take responsibility for any delays caused by Sendle. Our Covered Shipping does not apply if you change your mind regarding your order. If you change your mind on a product or order you will be required to follow our 30 day returns policy and send the product back to us.

3. GENERAL CONDITIONS

a) We reserve the right to refuse service to anyone for any reason at any time.

b) You understand that your content (not including credit card information), may be transferred unencrypted and involve:

  • a) transmissions over various networks; and
  • b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  • c) You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
  • d) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION

a) We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

b) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

5. MODIFICATIONS TO THE SERVICE AND PRICES

a) Prices for our products are subject to change without notice.

b) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

c) We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Strikethrough prices may consider the discount code mentioned in the description.

6. PRODUCTS OR SERVICES (IF APPLICABLE)

a) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Warranty Policy.

b) We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

c) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

7. ACCURACY OF BILLING AND ACCOUNT INFORMATION

a) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

b) You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

c) For more detail, please review our Returns Policy, which forms part of these Terms of Service.

8. INTELLECTUAL PROPERTY

a) The intellectual property rights of all content that appears on, or in connection with this site, including the “Wombat Warmth” brand and all other trade marks, trade names, and logos made available to you on or through this Website remains exclusively the property of Wombat Warmth Pty Ltd or its licensors and are protected by intellectual property laws around the world. All such rights are reserved by Wombat Warmth and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content of the site or copies of the content supplied to you or which appears on this site, nor may you use any such content in connection with any business or commercial enterprise.

9. OPTIONAL TOOLS

a) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

b) You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

c) Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

d) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

10. THIRD-PARTY LINKS

a) Certain content, products and services available via our Service may include materials from third-parties.

b) Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

c) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

a) If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

  • a) to maintain any comments in confidence;
  • b) to pay compensation for any comments; or
  • c) to respond to any comments.

b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

c) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

12. PERSONAL INFORMATION

a) Our collection of personal information through the site and store is governed by our Privacy Notice, the terms of which are incorporated into these Terms of Service. Our Privacy Notice can be viewed here. By accessing the site and purchasing products from our store, you expressly consent to the collection of your personal information as governed by the Privacy Notice.

13. ERRORS, INACCURACIES AND OMISSIONS

a) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

b) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

14. PROHIBITED USES

a) In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  • a) for any unlawful purpose;
  • b) to solicit others to perform or participate in any unlawful acts;
  • c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • f) to submit false or misleading information;
  • g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  • h) to collect or track the personal information of others;
  • i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • j) for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

a) We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

b) You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

c) You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use.

d) Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded, in no case shall Wombat Warmth, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

e) Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

f) Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded, you have a one year warranty on any Wombat Warmth products purchased on this website. The year begins on the date of delivery to your nominated address. You may be entitled to certain rights under consumer protection law or other laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth.).

g) Our liability to you for loss or damage of any kind arising out of your use of the Service or these Terms of Service will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

16. INDEMNIFICATION

a) You agree to indemnify, defend and hold harmless Wombat Warmth and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17. SEVERABILITY

a) In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18. TERMINATION

a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

b) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

c) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

19. ENTIRE AGREEMENT

a) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

b) These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

c) Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

20. GOVERNING LAW

a) These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and, in the event of a dispute or claim associated with these Terms of Service, you hereby submit to the exclusive jurisdiction of the Courts of the State and the Victoria District Registry of the Federal Court of Australia.

21. CHANGES TO TERMS OF SERVICE

a) You can review the most current version of the Terms of Service at any time at this page.

b) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

If you have any questions about these Terms of Service, please head to our contact page and fill out the inquiry form.

Last updated: 20/9/2021