OVERVIEW
This website is operated by E.J Aubin & A.D Poole. Throughout the site, the terms "we", "us" and "our" refer to E.J Aubin & A.D Poole, trading as Grounding Soul, a partnership registered in Queensland, Australia. We offer this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and buying something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced here and available by hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.
Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least 18 years of age. Our products are intended for adult use only. You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone at any time, to the extent permitted by law. You understand that your content, not including payment card information, may be transferred unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, to the extent permitted by law. All prices are shown in Australian dollars and include GST where applicable.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your screen's display of any colour will be accurate. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
Products sold on this website are made for us by a manufacturing partner and delivered by third-party logistics partners. We accept returns within 60 days of delivery for eligible orders, subject to the conditions outlined in our Refund Policy. This does not limit your rights under the Australian Consumer Law.
Grounding Soul products are bedding products for adult home use. They require an earthed power point, which nearly all Australian homes have, though some older properties still have unearthed wiring. It is your responsibility to confirm that the power point you intend to use is correctly wired and earthed. If you are unsure, use a socket tester or consult a licensed electrician.
SECTION 6 – DELIVERY REGIONS
We currently only accept orders for delivery within Australia. Orders placed with delivery addresses outside Australia will be cancelled and refunded.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 payment card or the same billing or delivery address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email or billing address or 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. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
A legally binding contract is formed when your payment is successfully processed and we send you an order confirmation email. We reserve the right to refuse or cancel orders at any time for reasons including but not limited to product availability, errors in the description or price of the product, error in your order, or fraud, abuse or pricing errors. This includes cases where incorrect pricing or product availability is displayed due to technical or human error.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post 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 to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. You agree that your comments will not violate any right of any third party, including copyright, trade mark, privacy, personality or other personal or proprietary right, and will not contain unlawful, abusive or obscene material. You are solely responsible for any comments you make and their accuracy.
SECTION 11 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. We are committed to protecting your privacy and complying with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice, including after you have submitted your order, except as required by law.
SECTION 13 – 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: for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any Commonwealth, state, territory or local laws, regulations or ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related website. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER
Grounding Soul products are bedding products for adult home use and are not intended for children. They are not therapeutic goods, they are not intended to diagnose, treat, cure or prevent any disease or medical condition, and they are not listed or registered on the Australian Register of Therapeutic Goods. Any information provided on this website, including explanations of how the product connects to the earth and any educational content, is for general information only and is not medical advice.
If you are pregnant, have a pacemaker or other implanted electronic device, have a medical condition, or take prescribed medication, consult a qualified healthcare professional before use. Discontinue use if irritation occurs.
Our products require an earthed power point and must be used according to the instructions provided. Do not connect the cord to anything other than the earth contact of an earthed power point.
By purchasing our products, you acknowledge that you assume responsibility for using them as instructed. Nothing in this section limits your rights under the Australian Consumer Law.
SECTION 15 – DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
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 to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
Subject to the paragraph above, we do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 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. Except as expressly stated by us, the Service is provided "as is" and "as available" for your use.
To the extent permitted by law, and subject to the consumer guarantees above, our liability for any claim relating to goods supplied by us is limited at our option to replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of doing any of these. In no case shall E.J Aubin & A.D Poole, our partners, employees, agents, contractors, suppliers, service providers or licensors be liable for any indirect, incidental, special or consequential loss, including lost profits, lost revenue or loss of data.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless E.J Aubin & A.D Poole and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party. This clause does not apply to the extent the claim arises from our own negligence or breach.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
Nothing in this section limits your rights under the Australian Consumer Law, and if you live in another Australian state or territory, you may also bring proceedings in your local courts where the law allows it.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@groundingsoul.com.
Business Information
Company Name: E.J Aubin & A.D Poole T/A Grounding Soul
Australian Business Number (ABN): 74 322 794 607
Registered address: 43 Laurel Street, Enoggera, Queensland 4051, Australia
Email: support@groundingsoul.com
Phone: +61 492 976 895
Hours of operation: Monday to Friday, 9:00 AM – 5:00 PM AEST
Response time: Within 24–48 hours