Ecommerce, Shop and Online Payments Terms and Conditions
All goods ("Products") supplied by Heather Fahnle - Mosaics by the Bay also known as www.heatherfahnle.com are supplied on these terms and conditions.
2) Order acceptance
No order shall be binding on www.heatherfahnle.com until accepted by Heather Fahnle - Mosaics by the Bay . An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Heather Fahnle - Mosaics by the Bay of an order from the Customer. Heather Fahnle - Mosaics by the Bay reserves the right to accept any order in whole or in part. Where Heather Fahnle - Mosaics by the Bay makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Heather Fahnle - Mosaics by the Bay.
2.1) Sale Items
Heather Fahnle - Mosaics by the Bay will always do their best to ensure all sale items are in stock in all of our outlets, however, in circumstances there may be limited stock only available in one, some or none of our outlets. 'End of line' and other sale items that are out of stock, may not be re-ordered. There may be instances where out of stock items remain on the website for a period after going out of stock. Heather Fahnle - Mosaics by the Bay will always remove these products in the most timely manner possible.
3) Payment terms
Payment must be made in full and on checkout in the online shopping cart without set off or deduction unless we have the option for offline payment such as bank transfer and if the customer chooses this option. Heather Fahnle - Mosaics by the Bay will investigate any disputed amounts, and resolve them by issuing a credit to the Customer if and when required.
4) Title to products
Ownership of the product does not pass to the Customer until the relevant order has been fulfilled and dispatched from the Heather Fahnle - Mosaics by the Bay location. Heather Fahnle - Mosaics by the Bay reserves the right to void any order if deemed necessary prior to dispatch.
- Heather Fahnle - Mosaics by the Bay reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Heather Fahnle - Mosaics by the Bay.
- A handling fee may be incurred on all orders
- Items over 1m in length or 3kg in weight may travel by road freight courier. Road courier deliveries require a signature on delivery and cannot be sent either to a PO box or C/O a post office.
- Bulky items, over 3kg in weight, may incur a freight surcharge. Any such surcharge will be notified to the customer prior to any such charges for additional freight being added to the amount charged by credit card, unless these are already indicated on and included in, the price from the website.
5.1) Delivery Insurance
If a customer purchases optional insurance on their Products during checkout, the insurance is limited to protecting the items whilst in transit. Once the Products have been confirmed by the freight company to have been delivered, the order is thereafter not insured by Heather Fahnle - Mosaics by the Bay.
Heather Fahnle - Mosaics by the Bay is not responsible for the loss or damage to goods if chosen to leave at address upon completion of delivery.
6) Returns - Heather Fahnle - Mosaics by the Bay has a hassle free returns policy
Please refer to our [Return Policy Page](). Any Products which are damaged or defective, or which are not otherwise in accordance with the Customer's order, or which the law provides may otherwise be returned to Heather Fahnle - Mosaics by the Bay within 7 days after the Customer has received the Products, at no cost to the Customer.
- Products must be in their original packaging, unopened, of a current make and model, and otherwise as new and in a saleable condition.
- Return product at the Customer's own expense.
- 15% restocking or return fee may be charged.
Heather Fahnle - Mosaics by the Bay will not accept a returned Product where the Customer has caused the Product to become un-merchandisable or failed to take steps to prevent the Product from becoming un-merchandisable or the Product has become damaged by abnormal use whilst in the possession of the Customer.
7) Customer Specific Stock
Where Heather Fahnle - Mosaics by the Bay has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Heather Fahnle - Mosaics by the Bay may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Heather Fahnle - Mosaics by the Bay against all claims, demands, loss, costs and expenses incurred by or made against Heather Fahnle - Mosaics by the Bay, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Heather Fahnle - Mosaics by the Bay may use, print or reproduce at the Customer's request.
8.1) Except for those required or implied by legislation, Heather Fahnle - Mosaics by the Bay gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Heather Fahnle - Mosaics by the Bay. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of Heather Fahnle - Mosaics by the Bay under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or Heather Fahnle - Mosaics by the Bay to:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired;
8.2) Except to the extent the law provides that liability is not able to be excluded, Heather Fahnle - Mosaics by the Bay shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Heather Fahnle - Mosaics by the Bay or the failure of Heather Fahnle - Mosaics by the Bay to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, Heather Fahnle - Mosaics by the Bay will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Heather Fahnle - Mosaics by the Bay reserves the right to change these Terms and Conditions at any time.
All prices listed on the Heather Fahnle - Mosaics by the Bay website are inclusive of GST if indicated on the product and in the checkout. Some products listed on our website may be GST free. Any consideration and all other amounts to be paid from a purchase through the Heather Fahnle - Mosaics by the Bay online shopping store will be liable for GST. Upon checkout Heather Fahnle - Mosaics by the Bay will issue a tax invoice showing the amount of GST applicable for the particular purchase.
These terms and conditions are governed by and will be construed in accordance with the laws of Victoria and the parties agree to submit to the jurisdiction of the courts of that state.
12) No Waiver
The failure by Heather Fahnle - Mosaics by the Bay to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.
13) Export Agreements
Not all products listed on this website are available for export outside the Australian market due to distribution agreements in certain territories.
14) Unauthorized Resale of Products
Heather Fahnle - Mosaics by the Bay reserves the right to deny service and/or take legal action against any individual or individuals who procure products from Heather Fahnle - Mosaics by the Bay with the intent to resale those products on external websites.
15) In Store Pickup
In Store Pick up orders will be available for collection in store for a period of 1 month; if the order isn't collected by this point the order will be refunded back to the original account unless a prior arrangement is made with Heather Fahnle - Mosaics by the Bay.
16) Backorder Items
If the customer is unreachable for a period of 14 days or more Heather Fahnle - Mosaics by the Bay will ship the remaining items on the order while refunding the item in question to the customer to avoid any additional delays. A notification email of this will be sent to the customer. If they wish to look at an alternative product after this has occurred they can contact the customer service team prior to selecting an alternative for a reduced shipping fee on their next order.
17) Uncontactable Customer, Refunding item.
If the customer is unreachable for a period of 14 days or more Heather Fahnle - Mosaics by the Bay will refund the item returned back to the account from which the item/s were originally purchased. A confirmation email will then be sent through to the customer. If the customer wishes to purchase an alternative to the missing item after this has occurred they can contact our customer service team for a reduced shipping charge on the remaining item.
18) In-store pickup policy
When placing an in-store pickup the goods can only be collected by the person who placed the order. Heather Fahnle - Mosaics by the Bay may request proof of identity upon collection.
19) Hostile and Abusive Customer Behavior
Abusive customer behavior will not be tolerated. Heather Fahnle - Mosaics by the Bay staff reserves the right to deny service to any customer or business who exhibits hostile or abusive behavior and are subject to the conditions below.
Examples of this behaviour include, but are not limited to:
- Threats of physical violence; swearing; inappropriate cultural, racial or religious references; and rudeness, including derogatory remarks.
- Demanding responses within an unreasonable requests.
- Repeatedly contacting or insisting on speaking to a particular member of staff who is not directly dealing with the matter.
- Excessive telephone calls, emails or LiveChats (this also includes unsolicited marketing calls, letters and emails that are considered to be 'spam' or 'phishing').
- Sending duplicate correspondence requiring a response to more than one member of staff; persistent refusal to accept Ban or Block.
- Customer can be Blocked or Banned from purchasing products or contacting our staff via email, social media, phone and livechat channels.
- Take legal action, such as applying for an injunction or court order to prohibit contact/poor behaviour.
20) Price Match Policy.
To price match an item with a competitor, the price match must be made on the day of purchase and is valid for that day only.
- Price match must be agreed to prior to the purchase with an Heather Fahnle - Mosaics by the Bay team member either via telephone, email or in store.
- Price match must be done prior to purchase and can only be done via the telephone or in person.
- Price matching cannot be activated retrospectively.
- The price agreed upon is valid for the day of purchase only and is not valid in conjunction with any other offer.
- The price match policy is only offered if the same size and model of the product is available and in stock with the competitor.
- The competitor that we price match with must be a physical store located in Australia.
21) Software and Technology Issues.
In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither Heather Fahnle - Mosaics by the Bay nor the Software Provider will have any liability to you or to any third party in respect of such errors. Heather Fahnle - Mosaics by the Bay reserves the right in the event of such errors to remove all relevant products from the Website and take any other action to correct such errors.
22) Promotion Codes and Free Gifts
Promotion codes, also referred to as coupon codes, discount codes or vouchers, and free gift offers:
- are only valid online
- cannot be used in conjunction with any other offer or price matching
- cannot be used/claimed when purchasing Heather Fahnle - Mosaics by the Bay Gift Vouchers
cannot be enacted retrospectively
- free shipping codes only apply to deliveries within Australia
- any Heather Fahnle - Mosaics by the Bay promotion codes used online will apply the discount value evenly across all products in your purchase. In the event of a discounted item being refunded, only the amount paid for the item can be refunded.
23) Taxes and Duties (International Orders)
Within Australia, prices are inclusive of Australian GST, however if you live outside of Australia, there may be additional taxes or import duties imposed at the receivers end. Heather Fahnle - Mosaics by the Bay is not liable for these charges and it is up to the customer to liaise with Customs regarding their delivery.
In Australia there will be no additional costs.
Heather Fahnle - Mosaics by the Bay endeavours to ensure all prices are correct at time of publication; however if a pricing error does occur, Heather Fahnle - Mosaics by the Bay reserves 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.
We reserve the right to withdraw any product from sale without notice, for any reason. However for various reasons, that product might still appear on our website for a period of time after that withdrawal. We make no undertaking that a product shown on this website will be available for purchase online at all stores or at a specific store.
25) Gift Vouchers
Gift vouchers are not redeemable for cash
For vouchers purchased after November 1st 2019, all gift vouchers are valid for 12 months from date of purchase
The 1 year expiry period for gift vouchers/promo codes does not apply to:
- promotional gift vouchers (donated vouchers or promotional one off vouchers)
- vouchers for specific events
- customer loyalty programs
- part of a temporary marketing promotion