Terms and Conditions

Send Em 2 Heaven Pty Ltd ACN 666 003 121

Send Em 2 Heaven Pty Ltd (“the Company”, “us”, “we, “our”,) provides the Goods on the following Terms.

1. Definitions

In these Terms unless the context requires otherwise:

Goods means the goods purchased by the Customer by placing an order on the Website

Price means the price paid for the Goods, as advertised on the Website or as advised for custom orders

Order means any order made through the Website

Terms means these terms and conditions of sale

Warranty means the consumer warranties under the Australian Consumer Law or manufacturer’s warranties

Website means sendem2heaven.com

2. Delivery

   1. Delivery times will be subject to location of delivery address, and method of delivery nominated by the Customer.
   2. Delivery is via a third party and timeframes are not guaranteed by the Company. The Company will not be liable for late delivery.
   3. Estimated standard delivery times are as follows:
      1. Metro Melbourne: 3 -4 business days
      2. Regional Victoria 3 – 5 business days
      3. Other: up to 7 business days
   4. The Customer must ensure that all delivery details are correct and current.
   5. The Company is not responsible for returns, re-delivery, or failure to deliver, and will not be liable for re-delivery, replacement or refund due to the Customer entering an incorrect or prior address in an Order.
   6. If for any reason beyond the control of the Company, including strike, trade dispute, fire, flood, accident, tempest, death, war declared or undeclared, blockade, governmental or quasi-governmental restraint or lockdown, pandemic, unavailability of Goods, loss or destruction of Goods, delays in transport or an act of God, the Order cannot be filled, the Company is not required to supply the Goods to the extent and for the period that it is so unable to supply the Goods, and the Company is not liable to the Customer in respect of any inability on its part to perform its obligations, except to the extent that the Customer is entitled to a refund for unavailable Goods.

3. Warranties, Liability and Indemnity

   1. The Customer accepts all risk involved in the use and/or possession of the Goods.
   2. Except as provided under the Australian Consumer Law, the Company accepts no responsibility and is not liable for any direct or indirect, special or consequential loss or damage or injury to any person, corporation or other entity in connection with the Goods and Services, howsoever caused.

   3. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods exchanged or repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

   4. If the Goods are faulty, the Customer must notify the Company within 14 days of delivery.

   5. The Company does not provide refunds where a Customer changes its mind or requires a change of sizing. In these circumstances, the Company will provide an in-store credit with a three year expiry for exchange.

   6. The Customer is only entitled to a refund under clause 3.3, or an in-store credit under clause 3.5 if the Customer sends the Goods back to the Company. All returns are required to be fully tracked via Australia Post, and delivery notification must be received for proof of return.

   7. The Customer acknowledges that it is not entitled to in-store credit under clause 3.5 if the Goods have been used in any manner.

   8. The Customer acknowledges that it is not entitled to a refund under clause 3.3 if the Customer has damaged the Goods in any way.

4. Jurisdiction

   1. The Customer and the Company submit to the jurisdiction of the Courts and Tribunals of Victoria.