Terms and Conditions of Sale
The following Terms and Conditions apply to all transactions via our website www.honeyflow.com (the “Website”) and your use of the Website itself. The Laws of New South Wales, Australia shall apply and you agree to submit to the exclusive jurisdiction of the courts located within the State of New South Wales, Australia should any dispute arise. In these terms “we” and “our” refers to Beeinventive Pty Ltd, operators of the Website, operators and licensees of the Flow™ brand, being a company incorporated and registered in New South Wales ACN 161 952 941 whose registered office is at 120 Jonson St, Byron Bay NSW 2481 Australia. “You/you” and “Your/your” refers to any visitor to the Website, any user of the www.honeyflow.com or any purchaser of products from the shop.
1. Orders, Order Acknowledgments and Contract
1.1 Upon receipt of an order from you, and subject to acceptance of that Order by an Order Acknowledgment (which may be in the form of an invoice receipt), we agree to sell the Goods on and subject to these Terms and Conditions (“Contract”). An Order can be made by you online, in writing or verbally. An Order is accepted when payment of the price (including Shipping) is received in full in cleared funds into our nominated account. You should receive an Order Acknowledgment online or in writing (including by e-mail).
1.2 Previous dealings or correspondence between us shall not have any effect on the Contract and any trade custom and/or trade usage is superseded by these Terms and Conditions. If at any time in relation to the supply of the Goods, you provide, refer to, submit or otherwise use terms and conditions other than these Terms and Conditions such terms and conditions will not form part of, or be incorporated into, the Contract.
2.1 All prices are in US dollar and as specified on our price list in force on the Website at the time of the Order Acknowledgement. For domestic supplies within Australia, the price charged for the Goods shall be inclusive of Goods and Services Tax (“GST”) in Australia. The price excludes any goods and services tax, sales or use tax, value added tax or any withholding tax, customs duties (import or export or other foreign country taxes) in any other country (“Taxes”). GST will apply to sales to customers within Australia and will generally not apply to customers outside Australia. You are responsible for all Taxes for supply outside of Australia.
3.1 We shall be entitled to payment for the Goods upon Order Acknowledgment. Payment is due immediately upon Order Acknowledgment and can be made via our secure billing system. Simply choose your product and click the ‘add to cart’ button and you will be taken to our payment page. We use the PayPal or Stripe system which takes payment directly from your bank a/c via your card details. The Shipping cost is added to the final price of the Goods. If you decide to cancel during the process, you will go to a cancellation page so you can be certain your Order is not proceeding. You do not have to have a PayPal account to make a transaction.
4.1 Unless specified otherwise in our Order Acknowledgment, the Price for the Goods is Ex Works (as per INCOTERMS 2010) at our factory location in Brisbane, Australia and shall exclude delivery and insurance costs charges and fees (“Shipping”), which will be calculated based on the nominated delivery location and added to the total amount due. We will make all reasonable efforts to have the Goods delivered to the address you specified in the Order. All promises of delivery represent ex-works dates, rather than delivery-to-destination dates.
4.2 We may notify you of an increase in the price of Shipping after an Order Acknowledgment and prior to delivery of the Goods if the price increase results from an increase in the price of any inputs which comprise part of the Shipping. The Customer may, upon the alteration of the price charged for the Shipping, cancel the Order within 7 days of notice of the change of price of Shipping.
5. Risk and Title to the Goods
5.1 Legal and equitable title to the Goods will only be transferred to you upon receipt of cleared funds into our account for the full price of the Goods and any Shipping. Risk in the loss of or damage to Goods passes to you upon shipment from our factory location (including all risks associated with loading or unloading) or upon title in the Goods passing to you, whichever is the earlier.
6. Problems upon Receipt
6.1 Please thoroughly inspect the Goods immediately upon receipt.
In the event that any items are lost or damaged during transit or have not arrived by the estimated delivery date, please contact us with your Order reference number. No claim for damage to or shortages of Goods may be made unless such claim is notified to us within 7 days of delivery.
No goods shall be returned for credit or adjustment without our prior written authorization and receipt of an RMA (Return Material Authorisation) Number.
7. Cancellation / Refunds
7.1 Cancellation within 10 days
You may cancel your Order via our website www.honeyflow.com within 10 days of placing the Order, in which case, and providing the item has not been shipped, we will refund of the price and shipping costs. A 5% fee may be charged for administration.
7.2 Cancellation after 10 days or after Shipping
Any request to cancel your Order after 10 days of placing the Order is at our discretion and may be subject to a cancellation charge of 10% for handling and administration. Any request to cancel your Order (other than due to faulty or incorrect supply) after the product has been shipped is at our discretion and will be subject to a cancellation charge of 20% for handling and restocking. If we agree to accept return of the Goods, we will provide you with the closest return shipping address and an RMA. Cancellation after shipment is subject to notification within 7 days and safe return within 30 days of delivery of your Order. The Goods must be unopened, in their original condition and fit for re-sale. Shipping charges are non-refundable unless the Goods purchased are found by us to have breached our warranty below.
8. Unused Incorrect, Damaged or Defective Goods.
8.1 If you receive incorrect, damaged or defective Goods, please contact us within 7 days and we will provide you with an RMA. All items must be returned to us within 30 days of delivery before a refund or replacement will be considered. You will be responsible for arranging return Shipping and any costs incurred for the return of the Goods shall be paid for by you. Upon receipt of the returned item, we will examine it and notify you via email whether you are entitled to a replacement or refund. In the case of faulty or incorrect Goods, we will either (at our discretion) repair and return the Goods, send you a replacement or issue a refund (which shall include your cost of return shipping).
9. Return to sender (RTS) or delivery refused
9.1 There will either be 15% restocking fee from the price or you will be charged re-delivery.
10. Used Items
10.1 We do not accept returns of used or opened Goods due to local, national and international quarantine and customs laws regarding the shipping of used bee equipment and products (including bee keepers suits) which may have come into contact with bees, honey or is otherwise not in original condition cannot be returned. Please contact us if you have a warranty claim for Goods that have been opened or used.
11. Warranties and Our Liability
11.1 We Warrant:
- That all Goods are new, free from defects, of merchantable quality and conform to any specifications provided on our Website or in the Order Acknowledgment;
- The Goods against defects of material or workmanship for a period of 30 days from the date delivered, when used within the designed conditions for which they were manufactured. For latent defects, we warrant the Goods for 12 months from the date delivered (“Warranty Period”).
This warranty is limited to replacement of parts which we agree are defective in material or workmanship and does not extend to claims for labour, expenses and other Consequential Loss or damage occasioned by such defect when in use.
This warranty does not (without intending to create any category or limitation) cover defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components; deterioration by corrosion, erosion, fair wear and tear, irradiation, inappropriate use, inappropriate storage, negligence, accidental damage, use of undue force in operating the product or any cause of failure other than defects in material or workmanship. This warranty does not apply to Goods offered to our Indiegogo investors as a perk for their investment or contribution to development of first models.
It is your obligation to ensure the use of the Goods shall comply any local or national by laws, codes, regulations, laws, permits, licenses or licensing requirements, registrations and or other restrictions imposed on products of a similar nature to the Goods and to exercise all due care and skill in use of the Goods.
To the maximum extent permitted by law, you accept full liability for any harm or damage resulting from your use of the Goods.
Except as expressly provided to the contrary in the Contract, all representations, warranties, terms and conditions in relation to the Goods (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
You agree that you have made your own enquiries in relation to the suitability of the Goods for your own purpose and do not rely on representations by us in relation to their suitability for a particular purpose or at the location or site where they are to be used or any steps which may need to be taken in relation to their use.
Our liability to you (and any party claiming through you), for any claim for loss or damages (including legal expenses) made in connection with the Contract whether under this warranty, in contract, tort (including negligence), under statute, in equity or otherwise shall end upon expiration of the Warranty Period. For any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited (a) to the cost of replacement of those Goods as soon as reasonably practicable, or (b) the repair of those Goods or (c) the repayment (or allowance) of the invoice price of those Goods (at our election).
In the case of claims for loss of or damage to physical property or persons arising under product liability, our liability is limited to the terms of our product liability insurance in place at the time of the claim and up to $5 million per event or series of events arising from one incident.
We shall not be liable for any costs relating to disassembly, removal, return and or re-installation of the Goods or any Consequential Loss, where “Consequential Loss” means any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods. "Indirect, special or consequential loss or damage" includes (whether deemed to arise directly or indirectly): (a) any loss of income, profit, production, contract, customers, business opportunity or business; (b) any loss of goodwill or reputation; and or (c) any loss of value of intellectual property.
12. Fraud, High Risk or other customers
12.1 We reserve the right to refuse orders not originating from Australia or Australian credit card holders due to high fraud risk. We also reserve the right to refuse Orders for trade compliance reasons. You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you state you are (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.
13. Force Majeure
13.1 Neither party is not liable for failure to perform the Contract to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by the party claiming force majeure because of circumstances outside that parties’ reasonable control.
If a provision of a Contract would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of the Contract.
15.1 A person who is not a party to this Order has no right to enforce any term of this Contract.
15.2 The Sale of Goods (Vienna Convention) Act 1986 (New South Wales) (and any similar legislation relating to the Vienna Convention in other States or Territories) does not apply to this Contract.
15.3 Both of us must attempt to resolve any dispute or claim arising out of or under a Contract by a negotiation in good faith before either of us litigates that dispute or claim.
16.1 We want to ensure that your experience shopping with us is a happy one. We want to know how we can make this experience better for you so, if you have any comments or suggestions, we want to hear about them.
17. Right to alter Terms & Conditions
We reserve the right to alter these terms and conditions without notice from time to time.