Terms of service
TERMS OF SERVICE
1. About Wild Horizon
This website is operated by Wild Horizon, a business name operated by
D Gawthorne & RA Gawthorne, an Australian partnership ("Wild Horizon", "we", "us" or "our").
Throughout these Terms of Service, "you" and "your" refer to the person accessing our website or purchasing products from us.
Our online store is hosted by Shopify, which provides the e-commerce platform that enables us to offer our products for sale.
By accessing wildhorizon.com.au, using our website or purchasing from us, you agree to these Terms of Service and any policies referred to in them.
2. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).
Nothing in these Terms of Service, our Returns & Refund Policy, Shipping Policy or any other Wild Horizon policy is intended to exclude, restrict or modify any right or remedy you have under the ACL or other applicable Australian law.
Where these Terms conflict with a right or remedy available to you under the ACL, your rights under the ACL will apply.
3. Online Store
You may only use our website and products for lawful purposes.
You must not use our website in any way that violates applicable laws, infringes another person's rights, introduces malicious software or interferes with the security or operation of the website.
We reserve the right to refuse or cancel an order where reasonably necessary, including where:
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a product is unavailable;
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incorrect product or pricing information has been displayed;
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we reasonably suspect fraud or unauthorised activity;
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an order cannot reasonably be fulfilled or delivered; or
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accepting the order would breach applicable law.
If we cancel an order after payment has been received, we will provide an appropriate refund of the amount paid for the cancelled item or order.
4. Products and Product Information
We make reasonable efforts to ensure that product descriptions, specifications, images, availability and pricing displayed on our website are accurate.
Colours and appearance may vary depending on your screen or device.
Product measurements and specifications may be approximate where indicated.
We may correct genuine errors or inaccuracies on our website when identified.
Nothing in this section limits your rights under the Australian Consumer Law where a product does not correspond with its description, is faulty, is not fit for its disclosed purpose or otherwise fails to meet an applicable consumer guarantee.
5. Pricing and Payment
Unless otherwise stated, prices displayed on wildhorizon.com.au are in Australian dollars (AUD).
Prices may change from time to time. A price change will not alter the amount payable for an order that we have already accepted, except where required or permitted by law.
You agree to provide current, complete and accurate billing and order information when making a purchase.
Payment is processed using the payment methods made available through our Shopify store and associated payment providers.
6. Product Availability
Products may be available in limited quantities and availability may change without notice.
Occasionally an item may become unavailable after an order is placed, including because of inventory discrepancies or supplier stock changes.
If we cannot supply an ordered product, we will contact you and provide an appropriate remedy, which may include a refund.
7. Shipping and Delivery
Orders are delivered in accordance with our Shipping Policy.
Delivery estimates are estimates rather than guaranteed delivery dates unless we expressly state otherwise.
Delivery times may be affected by circumstances outside our reasonable control.
However, nothing in this section limits any rights or remedies available to you under Australian Consumer Law in relation to delayed or undelivered goods.
Some locations may be subject to delivery restrictions or additional freight charges. Where an additional charge applies that was not collected at checkout, we will contact you before proceeding with the affected order.
8. Returns, Refunds and Faulty Products
Returns, refunds, repairs and replacements are handled in accordance with our Return and Refund Policy and the Australian Consumer Law.
Our change-of-mind policy is separate from your rights under the Australian Consumer Law.
Where a product has a major problem, you may be entitled to choose a refund or replacement in accordance with the Australian Consumer Law. Other remedies may apply for minor problems.
Any manufacturer's or supplier's warranty offered with a product is in addition to, and does not replace, your rights under the Australian Consumer Law.
9. Third-Party Services and Links
Our website may contain links to third-party websites, applications, payment providers or other services.
Third-party services may operate under their own terms and privacy policies.
We are not responsible for the content or operation of independent third-party websites that we do not control.
Nothing in this section limits any responsibility that Wild Horizon has under applicable Australian law in relation to products or services purchased from Wild Horizon.
10. Intellectual Property
Unless otherwise stated, the content of the Wild Horizon website, including our branding, text, graphics, website design and original content, is owned by or licensed to Wild Horizon.
You may access and use our website for personal, non-commercial shopping purposes.
You must not reproduce, distribute, sell or commercially exploit our original website content without permission, except where permitted by law.
Third-party product names, trademarks and imagery remain the property of their respective owners where applicable.
11. Reviews, Feedback and Submissions
If you voluntarily provide a product review, feedback, photograph or other content to Wild Horizon, you confirm that you have the right to provide that content.
You must not submit content that is unlawful, defamatory, misleading, infringing, abusive or contains malicious software.
We may moderate or remove content from our website where reasonably necessary.
12. Privacy
Our collection, use and handling of personal information is described in our Privacy Policy.
By using our website, you acknowledge that information may be processed by Shopify and other service providers necessary to operate our store, process payments, fulfil orders and provide our services, subject to applicable privacy laws and our Privacy Policy.
13. Website Availability and Errors
We aim to keep our website available and accurate but cannot guarantee that it will always operate without interruption or technical error.
We may update, maintain, modify or temporarily suspend parts of the website where reasonably necessary.
If we identify an error affecting an order, product, price or other material information, we will take reasonable steps to correct it and, where relevant, contact affected customers.
14. Liability
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
To the extent permitted by law, Wild Horizon is not responsible for losses arising solely from circumstances outside our reasonable control or from misuse of a product contrary to its instructions, warnings or intended purpose.
This section does not limit any liability that cannot legally be limited.
15. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes to our business, website, policies or legal obligations.
The current version will be published on this page.
Changes will apply from the date the updated Terms are published and will not retrospectively remove rights that have already arisen under an existing purchase.
16. Governing Law
These Terms of Service are governed by the laws applicable in New South Wales, Australia, and applicable Commonwealth laws of Australia.
Nothing in this section limits any rights you may have under applicable consumer protection legislation.
17. Contact Us
Questions about these Terms of Service or an order can be directed to:
Wild Horizon
Operated by D Gawthorne & RA Gawthorne
New South Wales, Australia
Email: wildhorizonau@gmail.com
Our ABN and additional business contact information are available through our Contact Information page.