Thank you for shopping with Planet Terra.

 

Your use of the Planet Terra website (our Website) and any order you place for items featured on our Website (Items) each tell us that you have agreed to these Terms of Service (Terms) which form a legally binding agreement between Planet Terra (ABN 25 926 976 638) (we, us, our, or Planet Terra) and you. 

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USE OF SITE
We cannot guarantee that your use of our Website will be uninterrupted, timely, secure or error-free. There are instances where we may need to remove the Website for indefinite periods of time without notice to you. We reserve the right to limit sales of Items to specific geographical areas. By using our Website, you represent to us that you are purchasing the Items for personal use. We reserve the right to limit the quantities of Items that one person may purchase, including via separate orders. Email us if you have any enquiries about obtaining the Items for resale, wholesale or commercial use.

You may not use the Website or any Items for any illegal or unauthorised purpose. 
You must not transmit any worms or viruses or any code of a destructive nature.

 

This Website contains material which is owned by or licensed to us. We reserve all rights in this material including without limitation, the copy, design, layout, appearance and graphics. Reproduction of any part of the Website is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

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PURCHASES
You must provide complete and accurate personal details at the time of making your purchase. Take care to enter the correct delivery address and delivery instructions at the time of placing your order. If you enter delivery information incorrectly, Planet Terra may not be able to alter it and/or we may need to charge you additional administrative and shipping fees. Please email us immediately if you realise that you have entered incorrect delivery information after submitting your order.

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PRICE
All prices displayed on the Website are in Australian dollars and subject to change without notice. Prices are exclusive of GST and GST is payable in addition to the price displayed. There may be international transaction fees and credit card fees depending on your location and payment method which you are responsible for paying. Our prices do not include insurance or any secondary attempts to deliver Items to you which, if applicable will be charged to you and payment will be required in full prior to delivery.

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PAYMENT
Planet Terra accepts payment via the payment methods included on our Website. Payment providers may have their own terms and conditions which apply in addition to ours. It is your responsibility to familiarise yourself with them. After you make payment for your order, you will receive a transaction confirmation email which confirms receipt of your order. Your order is not binding on us until you receive this confirmation email. If we do not receive cleared funds within 48 hours of you submitting your order, we will email you at the email address nominated in your order to communicate about your payment. We may choose to cancel your order. In paying or attempting to pay for Items, you agree that you have not engaged in any fraudulent conduct or broken any law. If there is any suspicion flagged in relation to your order, we are not required to take any steps to verify authenticity and may instead opt to cancel it.

 

ITEMS
Descriptions of Items are subject to change at any time without notice. We reserve the right to discontinue any Item at any time. Whilst we make every reasonable effort to display the Items as accurately as possible, the colours and images of the Items as they appear on our Website may vary from how they appear in person. We cannot guarantee that your device will display any colours and images accurately. The natural features of the fabric used in the Items means that there are natural variations which are not depicted via the Website. Planet Terra does not make any promises that any specific products will be available or accept any liability if they are not available or are delayed for any reason. We may replace products with like products in our discretion. Our liability to you for any incorrect listings is limited to amending or withdrawing that Item or cancelling or refunding an affected order in our discretion once we are made aware of it. 

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CUSTOM ORDERS

Please allow up to 14 days from the date of order for custom orders to be completed. There are times when demand means that custom orders will take longer. We will be in touch to advise when these will be ready for shipping.

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SHIPPING
Shipping will be either via Australia Post or our network of couriers which we use at our discretion. We cannot guarantee delivery times. However, you should contact us if you have not received your delivery within the following timeframes:

• Standard shipping: between seven (7) and ten (10) days of us notifying you that your order has been shipped; and

• Express shipping: between one (1) and three (3) days of us notifying you that your order has been shipped.

There may be times where shipping will take a little longer (for example, during peak times such as promotional periods, Christmas or in the case of delivery interruptions). If we receive notification of a delay, we will notify you as soon as practicable. If you have not received your Items within our suggested timeframes, please email us with your full name and order number, and we will investigate on your behalf.

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CANCELLATION OF ORDERS
We reserve the right to refuse service to anyone at any time without being obliged to provide a reason. If we need to cancel your order, we will contact you and arrange a refund of the money you have paid. This does not apply if our bank or any other authority puts a stop on the order for reasons based in suspicion of fraud. If for any reason we are unable to provide you with the Items subject to your order, Planet Terra may cancel your order or part of your order. We will contact you should this occur. You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation. You are not permitted to cancel an order, unless we agree in writing.

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DELIVERY
If there is no-one at the delivery address and no arrangements have been made for someone to accept delivery, the Items may be left at the delivery address, whether or not you have instructed us to do so, or we may return the item to a depot and either try to deliver again later or require that it be collected from a depot. Risk in the Items passes to you when it is left at the delivery address or collected from a depot.

 

DAMAGED, LOST OR INCOMPLETE ORDER
Should your order be damaged, lost or incomplete, please email us within seven (7) days so that we may assist you. 

 

PRODUCT WARNINGS
Before purchasing, please ensure that you have considered the choking and suffocation risks associated with use of our products and that risk can be managed as appropriate for your household or the intended recipient. The Items are not suitable for any child under the age of 3. Some products may present potential choking or suffocation hazards for young children and infants. You use the Items at your own risk and must take responsibility for informing yourself and managing those risks for your family including using them under appropriate supervision. It is your responsibility to read all product labels and warnings and to ensure that they are suitable for your use. 

 

CUSTOMER CONTENT
If at any time you send creative ideas, designs, suggestions, proposals, plans, or other material, whether online, by email, by postal mail, or otherwise such as in relation to a custom request or as part of a submission for a competition, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, reproduce and otherwise use in our discretion any such material. We are under no obligation to maintain any material in confidence; to pay compensation for any material; or to respond to any comments.

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INDEMNITY
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Items and products and services delivered to you through the Website are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement except to the extent that those warranties cannot be excluded under law. We do not warrant that the quality of any Items, services, information, or other material purchased or obtained via our Website will meet your expectations, or that any errors will be corrected. Any links to third party websites are for your convenience and are not an endorsement of those sites. We do not accept any liability for the content of those websites or your use of them. To the maximum extent permissible by law:

1. we are not responsible for damages or injuries suffered from the use, or misuse, of Item sold by us. How the purchaser uses the Items once it is in their possession is beyond our control and it is up to you to ensure safe use;

2. our liability to you is limited to the price you have paid us for the Items or the cost of having the Items provided again, whichever is higher; 

3. if you have not paid us any amount, that liability is limited to $100;

4. we will not be liable for any delay or failure to perform our obligations if such delay is due to any circumstances beyond our reasonable control;

5. Planet Terra, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors are not 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 any delays or failure in relation to delivery of the Items, your use of any of the Website or any Items procured using the Website, or for any other claim related in any way to your use of the Website or any Item, 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 Website, even if we are made aware of their possibility; and

6. you agree to indemnify, defend and hold harmless Planet Terra and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Items, your breach of these Terms or the documents they incorporate by reference, or your breach of any law or the rights of a third party.

 

REFUNDS AND RETURNS
You will be entitled to a refund or replacement under the Australian Consumer Law. We are not required to provide a refund or replacement if you change your mind. In the event that you believe that you are entitled to a refund or replacement, we recommend that you first email us and provide us with:

• your full name and address;

• the order number; and

• the reason for claiming the refund or replacement.

 

We will ask you to return the Item(s) to us and suggest that you use tracked shipping. We reserve the right to assess the condition of a returned item prior to offering a refund or replacement.  We will not be able to offer you a refund or replacement if you have modified any part, or used any Item contrary to user instructions or packaging labels. You may be entitled to a refund equal to the cost of the affected Item. All replacements will be a new version of the same Item. In some instances, we may agree to offer you an exchange for another item of similar value in our reasonable discretion. The value of a returned item is determined by the amount paid by you. If you are exchanging for a new item, the value of the new item is determined by the online listed price at the time your exchange is processed. Exchanges are subject to availability. If another Item of a similar description is not available at the time, you may receive a refund or online credit in our absolute discretion.

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VARIATIONS
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time you place an order are those that govern that order.

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GOVERNING LAW
The laws of Victoria, Australia govern these Terms. Where the Australian Consumer Law is applicable to your use of the Website or purchase of Items, our policies are to be read subject to that law, with any modifications as set out in our policies which are not made contrary to that law. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

 

ENQUIRIES
Please email us if you have any questions about these Terms.

Terms and Conditions last updated 8 April 2024.