Merchandise policy

The Heart Foundation online shop has been designed to create a user friendly, fast and efficient viewing and purchasing process for Heart Foundation merchandise and printed health brochures. Other health information is available on our website at www.heartfoundation.org.au.

1. Terms and conditions

1. By submitting an order through the Heart Foundation’s website, you confirm and agree that you have read, understood and accepted the terms and conditions contained within this Merchandise Policy (Policy).

2. Upon the Heart Foundation’s acceptance of your order, these terms and conditions form a binding agreement between you, the User (User, You or Your) and National Heart Foundation of Australia ABN 98 008 419 761 (We, Our, Us or Heart Foundation).

3. We may, without notice, at any time, amend or modify this Policy by posting the amended version to this website.

4. This Policy should be read in conjunction with the Privacy Notice and Website Terms & Conditions of Use, which can be found at www.heartfoundation.org.au

5. If You disagree with any of the terms and conditions contained in this document, You must not submit an order. Submission of Your order is confirmation of Your acceptance of these terms and conditions.  

2. Intended audience

All information provided on this website has been prepared in accordance with Australian law and is intended for use by residents of Australia. Persons residing outside of Australia use this website at their own risk and should take into consideration the legislative requirements of their country of residence when accessing this website. Should you choose to make a donation to the Heart Foundation, you should confirm that doing so will not constitute a contravention of the laws of your country of residence. Our online shop does not currently accept international orders. We can only service orders for shipping within Australia.

3. User Information

1. By agreeing to this Policy, You affirm that all information provided by You is complete and accurate.

2. We agree to keep Your information in accordance with this Policy and Our Privacy Notice.

4. Privacy and use of information

1. We agree that We will at no stage intentionally sell, distribute, transmit, disseminate or release Your User information or uploaded data to third parties without Your consent, except where required by law, or to facilitate payment for and delivery of goods ordered.
2. To the extent permitted by law, You acknowledge that:
1. We cannot guarantee the security or privacy of information submitted by You to Us; and
2. You release Us from all liability in connection with the matters contained in this section of this Policy.
3. Further information relating to Our use of information can be found in our Privacy Notice and Website Terms and Conditions of Use, which will be deemed to form part of this Policy. In the event of any inconsistency between the terms of the Privacy Notice or the Website Terms and Conditions of Use and this Policy, the terms of the Privacy Notice or Website Terms & Conditions of Use, as relevant, will prevail. The current Privacy Notice and Website Terms & Conditions of Use can be found at www.heartfoundation.org.au.

5. Ordering

1. Many of our health resources are available to members of the general public and to health professionals, who reside in Australia, in limited quantities FREE of charge.  Should you wish to place an order for resources, which exceed our maximum FREE quantity please contact us via email at [email protected] to find out more.

6. Shipping and delivery

a) Warehouses

Goods ordered through the Heart Foundation’s online store may ship from one of two warehouses:

• Heart Foundation warehouse - for items we hold in stock, such as brochures and skipping ropes.

• Dropship warehouse – for items which are printed on-demand (at point of order), such as t-shirts, crop tops, sweatshirt hoodies andhomewares each of which has customised design/messaging.

b)  Order processing/fulfilment

Standard order fulfilment processing times are:

• 24 hours processing for orders shipping from the Heart Foundation warehouse.

• 7 working days processing for orders shipping from our dropship warehouse (as items are printed upon order placement).

c) Same-day processing cut-off time

Orders received after midday AEST/AEDST will be processed on the next business day.

d) Processing days

Orders are processed and shipped   Monday – Friday from New South Wales (Heart Foundation warehouse) and Monday – Friday Victoria (dropship warehouse).

e) Post Office Box delivery addresses

Orders can be shipped to a PO Box, however if the parcel is large you will be required to retrieve the parcel from your local Australia Post office.

f) Are all shipping methods available on all items?

Yes, both standard and express delivery are available on all items.

g) International shipping

International orders are not accepted at this time.  We can only service orders for shipping within Australia.

h) Shipping charges and estimated shipping times.

Our estimated shipping times include order processing time and ‘in transit’ time.

NB: If your order includes items shipping from both the Heart Foundation warehouse and our dropship supplier then you will be charged the shipping fee applicable to each, with the order items shipping separately, so you will receive more than one delivery. If your order is over $100 and includes items shipping from both warehouses, free standard shipping will be honoured. Free shipping is not available on orders over $100 where Express shipping has been requested.

Important Information regarding your order:

• You should receive an email confirming your order shortly after you’ve placed it. If you don’t receive that email, please check your spam/junk folders.  This is important because if you don’t receive that email you also won’t receive the email with your shipment notification and tracking information.
• You will not hold Us responsible for any loss caused by late delivery. 
• We are not responsible for delivery to an incorrectly submitted address. 
• We will assume, unless notified otherwise, that any person appearing to reside at the Delivery Address is authorised to accept Your order. 

7. Right to refuse sale

We reserve the right to refuse sale of a product at any point up until delivery. In the event that You have been charged for an item that We have subsequently refused or been unable to sell, You will be refunded the amount charged in full.

8. Responsibility of customer to pay (debt collection proceedings)

1. You agree that if You place an order, You will make payment for all items ordered through Our website within the prescribed timeframe.
2. You affirm that You understand that failure to make payment for items ordered through Our website may result in Your order being cancelled, or, if your order has already been processed, debt collection proceedings being initiated against You.
3. You agree You are liable for the cost of any debt collection proceedings, or legal fees incurred in association with debt collection. 

9. Risk and title in the goods

Risk in any goods purchased shall pass to You upon delivery to Your specified address, and title in the good shall pass to You upon full payment being received by Us.

10. Availability of goods

We make no warranty regarding the availability of any item listed on Our website. By using this website, You agree that You will not hold us liable in any way for any direct or indirect loss incurred as a consequence of the unavailability of any item listed on the site.

11. Photography

The product images used on this website should be viewed as a guide only. Colour variations may occur as the colours represented in photographs may not be accurate, and photos are not to scale. Our images may have been cropped to show detail. Our brochures are updated from time to time and may not display the most current version of any items available for purchase.

12. Indemnity

1. You agree to indemnify Us, Our employees, directors, officers, committee members, honoraries, research fellows, servants, agents, volunteers, contractors, subcontractors and collaborators from any loss or damage, including any and all legal costs (including lawyer’s fees), which We may incur as a result of Your usage of this website.
2. You agree to cooperate fully with Us in the defence of any claim.
3. You agree that We have full immunity from any liability whatsoever in relation to any information, data, publication, transmission or communication of any kind made by You on or in relation to Our website.
4. You agree to indemnify Us from any action by a third party in relation to Your agreement with Us.
5. In no event will We be liable to You or any other party for any direct or indirect loss in connection with any data uploaded by You to Our servers.

13. Consumer Guarantees

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 and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Due to the custom nature of many of the goods We offer We are not able to offer exchanges or refunds due to change of mind. ‘Change of mind’ includes but is not limited to:

• Ordering the wrong size/preferring another size
• Ordering the wrong colour
• Ordering the wrong design

14. Manufacturer warranties

Products (except brochures) purchased from this website may carry a manufacturer's warranty.  Any such warranty is in addition to your statutory rights under the Australian Consumer Law. Warranty claims can only be made by the original purchaser, who should also produce a receipt. The Heart Foundation would be happy to assist You by passing on your claim to the relevant manufacturer. Please contact us via email on [email protected] regarding any warranty questions.

15. Refunds and returns

1. It is Our intention to process each order correctly. If a delivery error occurs, please contact us immediately via email at [email protected]. We will arrange for the goods to be returned to a prepaid address.
2. Should you receive a damaged product, please contact Us immediately. Please do not discard any damaged packaging.
3. At Our discretion We may send a replacement at no charge upon receiving photographic evidence of incorrect or damaged items (that is, the design, style, colour, size that you have received is not as you ordered).
4. All returns are to be sent via a traceable method. We accept no responsibility for any returns sent via Australia Post that are not traceable. We will provide you with a prepaid returns address.

16. Return process

Please include the following information with Your return shipment:

1. Name and contact phone number;
2. Order number;
3. Quantity and description of each item being returned; and
4. Reason for return.

17. Force majeure

No party will be liable to the other party for any failure or delay in performing any obligations under this Policy (except for the payment of money) to the extent that this is caused by or arises from events which include, but are not limited to:

1. fire, flood, lightning, storm or extreme weather conditions;
2. strikes, lock-outs, boycotts or other industrial disputes;
3. acts of war, terrorism, riots, civil commotion and explosions; or
4. government restrictions.

18. Severability

Each provision of this agreement is severable. Severance does not affect any other provision.

19. Governing law

1. These terms and conditions are governed by, and must be interpreted in accordance with, the laws of Victoria.
2. By accepting these terms and conditions, you agree to submit to the exclusive jurisdiction of the courts in Victoria.

20. Entire agreement

This Policy, together with the Privacy Notice and Website Terms & Conditions of Use referred to in clause 3, constitutes the entire agreement between the parties in relation to purchasing any Heart Foundation goods or merchandise, and supersedes any prior contracts, arrangements and understandings between the parties, unless otherwise agreed.

21. Questions

If you have questions, special requests or concerns about Heart Foundation merchandise, health brochures or our online shop, please email us at [email protected].