Terms & Conditions

1. About these terms and conditions

You should read the terms and conditions set out below before purchasing goods using this website.

These terms and conditions apply to the purchase of Agartha’s products over this website. In using this website for this purpose, you agree to be bound by these terms and conditions. If you do not understand or accept these terms and conditions, you must refrain from purchasing Agartha’s products using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website, including the Legal Disclaimer, Privacy Policy, and Copyright Notice.

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Agartha, the website owner.

2. Ordering procedure

You may offer to purchase Agartha’s products or other goods described in this website for the price specified on this website.

Your order must contain your name, postal address, phone number, e-mail address, payment details and any other ordering information specified on this website.

Confirmation of your purchase will be sent to your e-mail address once your payment has been cleared. If you do not receive a confirmation e-mail within two business days please contact info@agarthashop.com

You may not cancel an order once it has been submitted, even if our confirmation e-mail is still pending.

We do not have a minimum order requirement. However, substantial savings can be achieved by ordering larger pack size/volume, as well as our free shipping offer for orders over $150 (within Australia).

All orders are to be placed via our website, or via email for bulk purchases.

No verbal orders or telephone orders will be accepted to avoid miscommunication and disclosure of personal information.

The goods are offered for sale only to persons who can make legally binding contracts.

3. Payment and price

Payment must be effected by credit card or paypal using the ordering facility on this website.

Prices are inclusive of goods and services tax and any other charges which must be mandatorily disclosed under the Competition and Consumer Act 2010 (Cth).

4. Cancellation due to error OR unavailability

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price, with incorrect information, or which are unavailable due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods.

If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

5. Delivery

Delivery of Agartha’s products will be effected in the manner described on this website (i.e. Products purchased online will be dispatched by ordinary mail within three business days of receiving your order).

Ordinary mail (Australia Post) may take up to 5 business days from dispatch for delivery.

Risk of loss of, or damage to, the goods, as well as any additional costs due to events occurring after the time of despatch, transfers from us to the customer when the goods are despatched by us to Australia Post or any other carrier.

Price does not include freight.

Freight will be calculated and charged prior to your order being finalised. Freight is calculated on size, weight and Dangerous Good (DG) classification of your order.

All orders should be checked and any discrepancy or error must be lodge within seven (7) days of receipt of goods. Refer to our 'Returns' Policy for more information.

Returned orders due to incorrect addresses provided will incur a re-delivery charge to re-ship the order.

6. Refunds/replacements

Any product that is delivered in a faulty or unusable condition will be subject to a full refund. Proof of the faulty product must be supplied within 7 days of delivery along with a description.

If for some reason you no longer want the purchased product, a refund will be supplied with the following criteria:

The product is returned unopened and undamaged, at the expense of the customer;
The product be returned (shipped) within 7 days of purchase.

But honestly, we’re very reasonable and will try to help in any way we can.

7. Security

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including your credit card details, is transmitted at your own risk.

Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

8. Privacy

please see our privacy policy

9. Disclaimer and limitation of liability

To the extent permitted by law, we exclude all liability arising from or relating to your use of this website including the online purchase of Agartha’s products, as set out in our Legal Disclaimer.

Details contained on this website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and, if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.

Errors such as misprints or omissions are excepted. We reserve the right to make changes and corrections anytime in prices, products and specifications without notice.

If we have made an error in pricing, we will notify you of the correct price.

We will not accept any liability for any loss or damage or error which may be incurred by any person acting in reliance upon this information. Information is for education purpose only and individuals must exercise their independent judgement in determining if the product is suitable for their particular purpose or usage.

Liability is limited to the value of the goods and does not include any losses including consequential losses.

If products are not stored correctly, this could alter the stability and nature of the products. Also, if used with other ingredients, this could also cause product stability issues. Agartha shall not be held liable for this.

10. Changes to these terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

11. Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

12. Governing law

These terms and conditions are governed by the laws in force in Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

13. General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

We allow you to print and download material contained on our website for personal and non-commercial use only.

You agree and acknowledge that the intellectual property in our website vests in Agartha and is protected by Australian and international copyright law and other intellectual property laws. Agartha does not grant you any licence to use the material contained on our website except to the extent as set out in the clause immediately above, (We allow you to print and download material contained on our website for personal and non-commercial use only).

You also agree that all material contained on our website may be the logo, trademark or other intellectual property of third parties and you agree that you will not use, modify or duplicate this material in any way, shape or form, except as authorised under law or by the relevant intellectual property owners.

You agree and acknowledge that Agartha does not guarantee the accuracy of the information contained in the material on our website and we exclude all liability to the extent possible under law.

The information contained on this website is educational and general in nature and is not intended as legal or medical advice. The subject matter and applicable law in all legal and medical areas is in a constant state of change. The information provided is from general sources, and, although we believe it to be accurate, we cannot represent, guarantee, or warrant that the information contained in this website is accurate or is appropriate for the usage of all readers. The content of this website may be fact specific and dependent upon the special needs and purposes of the visitor. Each situation stands on its own.

These products are not intended to diagnose, treat, cure or prevent any disease or illness. Health benefits from products may vary per person.

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 e‑mail 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.

14 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

15 PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Agartha, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

17 INDEMNIFICATION
You agree to indemnify, defend and hold harmless Agartha 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.

18 FORCE MAJEURE
If a Force Majeure event causing delay continues for more than 14 Days, we may terminate this Agreement by giving at least 7 Days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.