BOOKING TERMS AND CONDITIONS 

These Booking Terms and Conditions apply to bookings made with Helen Barnes t/as Emerald Again [ABN 43784735848] (“we, us, our”) for any video shopping consultation and associated services (“Consulting Services”/"Services"). These Terms together with any other terms and conditions and policies we publish or link to on our online platforms and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours making a booking or using our Services. If you do not agree, you cannot make a booking.  If we consider that you may have any issues understanding these terms, or our arrangement and relationship, we may request that you get a doctor's certificate confirming your mental capacity, or we may seek authority from your legal personal representative.

 

SERVICES WE PROVIDE

We will perform the Consulting Services with due care, skill and diligence. The Consulting Services will be performed personally by Helen Barnes, or by her representatives where prior agreed. The Consulting Services provided include facilitating the process of browsing through second-hand shops and managing the purchase of any goods you may desire from these shops. All goods purchased on your behalf will be posted by us. We also offer a follow-up consultation which will involve a discussion of the experience, and cup of tea.

Please note that it is the nature of second-hand shopping that there is some luck involved in what is found, so sometimes preferred goods may be found quickly, but other times it may take longer can be found on a single visit, however, other times they may not be are not found in a single visit, and it may take multiple shopping visits for a desired good to be found. Therefore, the Service cannot guarantee that you will find goods that you would like to purchase during the Service. The primary focus of the Service is instead to create an opportunity for the experience of browsing second-hand shops from the convenience of your desired off-site location, and we will gladly assist you to purchase and receive goods should you find something you like. 

The Service also provides access to a private Facebook group, The Emerald Village. Please refer to our online platforms policy for the terms and conditions for participating in this group.

YOUR OBLIGATIONS

You must provide all information we request in order for us to perform the Consulting Services. You represent and warrant that: 

  • all information you provide is true, correct, current, and to the best of your knowledge;

  • you will respond promptly to any of our requests for further information and will notify us immediately if any information changes;

  • you will be on time for your consultation.

 

RELIANCE ON ADVICE

You acknowledge and agree that on occasion during the Services, we may provide information about government or other welfare, community or environmental services, however, the information provided does not constitute professional or specialised advice. You agree not to rely upon any statements made or information provided during the Service as if it were professional or specialised advice.

 

GOODS PURCHASE

We facilitate the shopping experience only and any purchase of goods is a contract between you and the shop, and we are not responsible for any product defects or harm that arises from purchase or use of the product. We are also not liable for any lost or damaged goods. Where you provide us with monies to purchase goods, we act as your agent to buy those goods. Where you request, we purchase goods on your behalf any monies outlaid become immediately due and payable by you. You must reimburse us as soon as reasonably practicable.

To enable confident purchasing of clothing items, a return and full refund is available on clothing which traditionally requires trying-on to check for fit. This does not include items which can be reasonably considered as not requiring trying-on, such as clothing accessories. Returns need to be in the same condition as when they were received, and sent back in the post within 7 days.

For other items purchased, the purchase of goods is a contract between you and the shop, and we are not responsible for any refunds or returns. However, retailers should comply with the Australian Consumer Law which gives you right to a refund in certain instances. For example, you have a right to refund where the goods are misdescribed or are not fit for purpose. We may work with you in these instances to enable your exchange or refund.

THE FEES YOU NEED TO PAY

You agree that you will pay us the Consulting Fee for the Consulting Services. Consulting Services are charged per package, and we will invoice you as follows:

  • For service packages purchased by the user of the service, a booking fee will required upfront at the time that you book in with us, and the remainder of the service fee will be invoiced after the final follow-up consultation.

  • For service packages purchased as a gift (treated like a voucher), the full-service fee is to be paid upfront by the purchaser.

  • Following a shop, an invoice will be issued with the cost of any items purchased during a shop, and their associated postage costs.

  • For NDIS-related Consulting Services, we will invoice you for the Consulting Fee following each key consultation in accordance with NDIS guidelines.

These terms apply unless otherwise agreed upon. Please note that if we are required to travel to a particular Site as requested by you, a separate Travel Fee will be applied.

All invoices are due within 14 days of the invoice. If you do not pay on time, unfortunately we will be required to charge interest on any unpaid invoices at the rate of 10% per annum calculated monthly. Any legal collection fees that are incurred will also be charged to you.

 

RESCHEDULING, CANCELLATIONS AND REFUNDS

We understand that sometimes things don’t always go according to plan. We may reschedule the Services subject to our availability, and will provide you with as much notice as is practicable in the circumstances. We ask that you let us know as soon as possible, with a minimum of 48 hours notice required for any rescheduling, or it will be considered a cancellation. This is because we haven’t taken any other bookings at the time that your booking was for.

If a cancellation is made with less than 24 hours' notice, the Consultation Fee will not be refunded. For NDIS participants, the full fee will be invoiced in such cases, and private paying participants will forfeit their booking fee.

Any cancellations made with less than 48 hours' notice will incur a Cancellation Fee. We will provide a full refund for cancellations made with more than 48 hours' notice.

Private paying gift participants have a 2-year period to claim their Service. If they don't provide sufficient notice for cancellation, we will attempt one rescheduling. Beyond this, any further cancellation will be considered as a no-refund cancellation.

To the extent permitted by law, any other refunds for any cancellations of the Consulting Services are at our absolute discretion. No refunds will be given after a consultation has occurred. We do not provide refunds within 48 hours of the scheduled Service for your change of mind, where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our information and recommendations.

 

THE AUSTRALIAN CONSUMER LAW

Our Services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a Service, you are entitled to:

  • cancel your Agreement with us and to a refund of the unused portion; or

  • to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion.

 

PRIVACY DURING GROUP SESSIONS

We understand that during the group sessions, you and others may share personal or sensitive information. We want to ensure that everyone feels safe and supported, so we ask that you keep all information shared during the sessions confidential and not share it outside the group.

We also kindly ask that you do not record any group sessions, as this could compromise the confidentiality and privacy of all participants.

Rest assured, we take your privacy seriously and we will not disclose any Confidential Information unless we are required to by law. You can find more information about how we handle personal information in our Privacy Policy.

We want to remind you that while we encourage confidential communication, we cannot guarantee that any online technology will be completely secure. We are committed to making every effort to maintain your privacy and confidentiality while accessing online technology, but there is always some degree of risk involved.

 

PUBLICITY

You permit us to use your name, and any photos, videos and testimonials you provide to us, or that we take during the Services whether alone or in a group setting for marketing and information purposes, or publications, exhibitions and professional awards. This could include on social media channels such as Instagram and Facebook. By granting your consent, you agree to let us have the Copyright in all the recordings where you might appear, whether it's a full or partial shot, or if your image is changed or added to. You won't have a say in how the photos or recordings are used, or get to approve of them, so if you’d like to place any conditions on this , please let us know at the time of booking.

 

LIMITED LIABILITY AND INDEMNITY

To the extent permitted by law, our liability is limited, at our option to:

·       the replacement of the services or the supply of equivalent services; or

·       the payment of the cost of replacing the services or of acquiring equivalent services.

You agree and acknowledge that we are not liable for any Loss or Damage which may result from the Consulting Services. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.

You acknowledge, agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Consulting Services, and any third-party claims.

 

TERMINATION

We may either suspend the Consulting Services or terminate this Agreement where any threats, intimidation, or abusive behaviours are made towards us, or any other party involved in the Service. We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay us all accrued Consulting Fees owing up to the date of termination.

 

FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

IF THERE IS A DISPUTE

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media website. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

THE GOVERNING LAW AND OTHER MATTERS

This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement is governed by the laws from time to time in force in the state of VIC Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of VIC for determining any dispute concerning this Agreement.

 

DEFINITIONS:

“Agreement” means these terms and conditions, and any Proposal we may provide you with.

“Booking” means any booking for a consultation made with us for our Services.

“Cancellation Fee” means the cancellation fee we charge you where you cancel with limited notice.

"Claim" means any claim under statute, tort, contract or negligence, any demand, awards or costs.

“Consulting Fees” means the consulting fees as further advertised on our website.  

“Information” encompasses all the data we need from you in order to effectively provide our Services. This could include your postal address, name, preferred pronouns, any accessibility requirements, email address, and phone number.

“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.

“Loss or Damage” means any direct, indirect, consequential or incidental loss or damage. It includes, but is not limited to any loss, personal injury, death, negligence, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Consulting Services.

“Online Platforms” refers to all digital platforms operated and managed by Emerald Again [ABN 43784735848], including but not limited to the website www.emeraldagain.com.au, The Emerald Village Facebook community, the Emerald Again Instagram page, and any other digital platform or service we may introduce in the future. This term encompasses all content, services, features, and functionalities provided through these platforms.

“Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives.

"Site" refers to the location where you require the Consulting Services to be performed from time to time. This could be a particular second-hand shop.

"Travel Fee” refers to the additional fee charged when travel is required.

“We, us, our” means Helen Barnes t/as Emerald Again [ABN 43784735848] and includes any of our employees, agents, partners and contractors.