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Terms and Conditions

INTRODUCTION

This website is owned and operated by Stem Retail Pty Ltd ("Stem", "we", "our", "us") (ABN 30 603 518 761) whose office is at 295 Darling Street, Balmain, New South Wales, AU, 2041, making this online merchant based in Australia. By visiting www.stemonline.com.au (the "Website") and/or purchasing something from us, you engage in our “Service” and agree to the following terms and conditions ("Terms and Conditions", "Terms of Service", "Terms"). We reserve the right to change the Terms and Conditions at any time. You should check the Terms and Conditions posted on the website periodically to ensure that you are aware of and comply with the current version.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

If you have any questions about the Terms and Conditions, the goods or the Website please email us at info@stemonline.com.au.

THE CONTENT OF THIS WEBSITE

All content which forms a part of this Website, including without limitation, all text, design, graphics, images, logos, emails, video and  (collectively, the "Content") belongs to Stem, or its affiliates. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Stem's prior written permission.

GUESTS AND REGISTRATION

You may access and/or use the Website as a guest or as a member. To register with www.stemonline.com.au you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are true, accurate, current and complete in all respects; and you are not impersonating any other person or entity. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details or emailing us at info@stemonline.com.au. You must not use another members’ account without permission. You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account. We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms.

ORDERS

All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by email (or by other means if no email address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.

Your order only constitutes an offer to purchase goods from us, and does not form a binding contract until accepted by us. We accept your order for an item when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

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.

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 email 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.

PRE-ORDERS

Pre-ordered items will be charged in full and secured for you as soon as your order is placed. Our customer service team will be in contact via email about shipment and approximate delivery dates. You will receive a follow up e-mail with delivery details once your item is available and has been dispatched. If for any reason your order cannot be fulfilled, a full refund will be issued.

If you have any questions concerning the availability or delivery of a particular item, please contact info@stemonline.com.au or call +61 2 9810 5222.

PRICE & PAYMENT

All product prices are in AUD$, are inclusive of GST, and are correct at the time that the product description was first entered on to the Website. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time.

Delivery charges will be applied based on the delivery address chosen and these will be displayed in the order process.

All payments must be made in full prior to delivery. You may pay for the items that you order by online or telephone, by supplying your credit or debit card details. Payments must be made via the secure payment gateway facilities accessible via the Website or by direct deposit to our bank account.

DELIVERY

After ordering online, you will receive an email confirmation containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. For your protection, all orders will be sent via Australia Post or with a courier within 2 working days, both of which have tracking numbers that will be made available to you on dispatch.

Stem will contact you via email if the goods you have order are not available at the time of order processing or an additional charge for bulky items or remote delivery is applicable. If you wish to query a delivery or have not received your order within the days specified below please contact us at info@stemonline.com.au.

Please note that during sale times or other busy periods delivery may take longer.

Standard Delivery

Standard delivery orders will be received within approximately 5-7 working days.

Express Delivery

Express delivery is available for Australian delivered orders within the Express Post-delivery network. Orders must place your order by 12pm (AEST) on any business day for next day delivery.

Free Delivery

Standard delivery is free for orders over $150, within Australia, excluding heavy or bulky items.

Click & Collect

'Click & Collect' is a complimentary collection service available online. Orders will generally be available for collection within 1-10 business days from the date that you placed the order. Collection must be made in person, within store hours, with a confirmation of the order and a photo ID.

International Delivery

You may request international delivery of your order by contacting us directly at info@stemonline.com.au. International delivery charge(s) applicable to your order will be quoted on an individual basis, thus it is important that we have your correct email and contact phone number. Delivery lead times to an international address will vary according to its destination. Countries outside Australia and New Zealand will receive orders in approximately 7-14 working days however, arrival time is an estimate and unfortunately, cannot be guaranteed. Stem shall not be liable for any delay or failure by us to deliver your order within the estimated timescales.

RETURNS. REFUNDS AND/OR EXCHANGES

How to Return or Exchange

If you are not completely satisfied with your purchase, simply notify us of your intention to return the goods via info@stemonline.com.au within 14 days of receipt. We will issue you a full refund (excluding original delivery charges) upon receipt, provided that the item has not been worn, used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken.

All returns of purchased items must in their original condition and packaging. The cost and safety of the goods are your responsibility until they reach us, therefore, we recommend that you return the product via Registered post and that you pre pay all postage. You assume any risk of lost, theft or damage to goods during transit and therefore advise you take out shipment registration of insurance with your postal carrier. Stem will not be responsible for parcels lost or damaged in transit if you choose not to insure.

Incorrect goods/faulty product received

We inspect all products sent before shipping to ensure the highest possible standards, but if for some reason the product you have received is not what you ordered or in some way faulty, please contact info@stemonline.com.au immediately. We ask you to quote your order number, provide details of the product you wished to purchase or the damage or fault with the items and, if possible, a photo of the goods received. We will then advise on how to proceed with the return.

Please note that sale items are not returnable.

GIFT CARDS

Gift Cards may be used for purchases in-store, online or by phone. Your Gift Card will be valid for use for 6 months from the date of issue or as otherwise indicated to you by us. Any balance that remains on the Gift Card after expiry will not be available for use. You can check your Gift Card balance and expiry date at any time by visiting the unique gift card link sent to you via email. Gift Cards cannot be returned or exchanged for cash. Stem is not responsible for lost or stolen gift cards or for use without your permission.

GIFT WRAPPING

A free gift wrapping and message facility is available during checkout. We do not take any responsibility for the contents of messages communicated by you to a third party. Where you use this facility you agree that your message will not include any material that could be construed as defamatory, abusive, obscene, racist, offensive, harassing, threatening, vulgar or which could cause embarrassment or distress to any person. You agree not to impersonate any person, including but not limited to any of our employees or customers.

Please note that when choosing gift wrapping, the entire order will be wrapped and not each individual item.

ERRORS

We try to make sure that all information on the website, including descriptions of our goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

LEGAL

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.

PRIVACY POLICY

Please review our Privacy Policy.

SECURITY

Your personal information shall be used and protected in accordance with our Privacy Policy.

If you are issued with an account password by Stem, you agree to take responsibility for the safekeeping of your password. You are liable if an unauthorised person uses your password. You agree to release and forever indemnify Stem in relation to any liability howsoever arising out of the unauthorised use of your password.

THIRD PARTY LINKS

This website may contain links to other websites. All such other websites are independent from this website and from Stem. We are not responsible for such websites or material nor do we review or endorse them. Please review our full terms in our Privacy Policy.

INDEMNIFICATION

You agree to fully indemnify, defend and hold harmless stemonline 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.

DISCLAIMER OF LIABILITY

We make no representations or warranties, express or implied, with respect to this Website. Its content, and the information and services available on or through it, are provided "as is". To the extent permitted by law, you agree that your use of, or inability to use, the service is at your sole risk. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 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.

To the maximum extent permitted by law, in no case shall Stem, 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.

SEVERANCE

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

WAIVER

If you breach these Terms and Conditions and we take no action, this shall not constitute a waiver of such right or provision.

ENTIRE AGREEMENT

These Terms form the entire basis of any agreement reached between you and us. 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.

GOVERNING LAW

These terms and conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 295 Darling Street Balmain New South Wales AU 2041.

Stem Terms and Conditions Version 1.2 March 2016