Terms and Conditions
Vital Soils Services provide their services to you subject to the following conditions. By visiting Vital Soils Service’s website, you accept, and agree to, the content of these Terms and Conditions. We reserve the right to change the Terms and Conditions at any time and it is your responsibility to check regularly before ordering. This does not affect your statutory rights. In addition, when you use any current or future service provided by Vital Soils Services or purchase from any business affiliated with Vital Soils Services, whether or not included in the Vital Soils Services Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by Vital Soils Services. Vital Soils Services has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found here
Terms of Service
By placing an order via our website (www.vitalsoils.com.au), you are offering to purchase a product/service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Despatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contact Vital Soils Service for a service or product you must be over 18 years of age. Vital Soils Services retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Vital Soils services or may in some cases be a third party. Where a contract is made with a third-party Vital Soils Services is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card, or bank account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of international products and services may fluctuate. All prices advertised are subject to such changes.
Any recommendations provided by Vital Soils Services (VSS) is advice only. As no control can be exercised over storage, handling, mixing application or use, or weather, plant or soil conditions before, during or after application (all of which may affect the performance of our recommendation), no responsibility for, or liability for any failure in performance, losses, damages, or injuries (consequential or otherwise), arising from such storage, mixing, application, or use will be accepted under any circumstances whatsoever. The buyer assumes all responsibility for appropriate use of VSS products. products.
Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Vital Soils Services retains the right to accept or reject this offer before processing the order. A contract between us for the purchase of the goods/services will not be formed until your payment has been approved by us, the prices have been verified, and the order has been processed and despatched. A second email will be sent confirming these arrangements.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods/services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs, if applicable, will be charged in addition; such additional charges are clearly displayed where applicable and included in the Grand Total.
The website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Product Specifications and Suitability
Published product/service details, specifications and suitability information is the best available at the time. Vital Soils Services shall not be held responsible for the accuracy of any advice given regarding the suitability (or otherwise) of any part/s required for the repair of an item. If you have ordered an item that has an unsuitable product description, we will remedy this by providing you a full refund upon the return of the item. Please see our Returns Policy for details.
Returns Policy
NO CHANGE OF MIND POLICY
We do not return products for change of mind.
Purchased services such as Soil Test Analysis are non-refundable, unless processed online and an error was made at order stage. Once the sample has been sent to the lab the fee cannot be refunded. All services and on-farm agronomy visits are non-refundable once commenced.
FAULTY ITEMS
If products are faulty, sold out of use by date or damaged you must contact us immediately, provide proof and replacement product can be organised. Products remain the property of the business until paid for.
For return and replacement of damaged items please contact Ian on 0434 822 199 or by email: i.mot@vitalsoils.com.au
WRONG ITEM
If we have accidentally sent you the wrong item please contact us so we can rectify immediately and arrange for return and correct product delivery. Please ensure wrong items are not opened and remain in original condition.
Shipping information
Please refer to our Shipping Information page.
Payment
Payment over the Internet can be made via our secure check out pages using any credit cards accept by our PayPal service. Card charges will appear on your statement as Vital Soils Services.
All prices are quoted in Australian Dollars (AUD) and include GST at Australian rates. It may be necessary to adjust prices in the event of an increase in GST rates, or as a result of third-party price increase. Customers are entitled to a full refund if this is not acceptable.
Due to the nature of the clearing system your credit card payment will be taken at the point of processing. If a problem in supply should occur, your payment method will be refunded as swiftly as possible. The refund may take a couple of days to show as cleared funds on your account, depending on payment provider.
Vital Soils Services uses a secure credit card system supplied by PayPal Braintree for processing credit cards. All credit card payments are processed by Braintree and are protected under the security systems of Braintree. We do not store any credit card numbers. Vital Soils Services can also accept PayPal and Direct deposit payment methods, and as such, Vital Soils Services will never retain any credit card or bank account details. While we strive to protect your personal information, we cannot insure or warrant the security of any information transmitted by the customer via email or customer response forms. Please see our Privacy Policy for more details.
Governed Law
Vital Soils Services Terms and Conditions shall be governed by and construed in accordance with Australian Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Australian courts.
Delivery
Please refer to our Shipping Information page.
Cancellations
Product orders may be cancelled at any time before they are processed. Simply visit your account and follow the steps to cancel the order.
Soil Test Analysis Orders may be cancelled at any time before your samples are sent to the laboratory. Once your samples have been received by the laboratory, we regret we are unable to cancel your order.
Liability
We shall not be liable for incidental or consequential damages or expenses. This includes, but is not limited to, damage to property, lost income, profits, economic or commercial losses and third parties claims.
We will do our best to get all orders despatched as quickly as possible. We have no liability to you for any delay in the delivery of products ordered. You have the right to cancel delayed orders at any time and get a refund. You have the right to cancel a Soil Test Analysis prior to the item being analysed at the laboratory.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Vital Soils Services will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Vital Soils Services or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Vital Soils Services and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Indemnity
You agree to indemnify, defend and hold harmless Vital Soils Services, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Vital Soils Services. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Vital Soils Services.
Vital Soils Services
PO Box 220
Broadford, Victoria 3658