1. About these terms

These Terms of Sale apply to every order you place with us. They work alongside our Returns & Exchanges policy, 12-Month Warranty, 30-Day Taste Guarantee, Filter Subscriptions and Shipping & Delivery policy, which form part of your agreement with us. Where one of those documents deals with a topic in more detail, it applies to that topic.

Our Website Terms of Use cover using the site. Our Privacy Policy covers your information.

Nothing in these terms takes away any right you have by law that cannot be excluded.

2. Who we are

Retail Smart Group Pty Ltd (ABN 49 658 892 105, ACN 658 892 105), trading as Earths Water.

Email: support@earthswater.com
Support hours: 9am to 5pm Melbourne time, Monday to Friday, excluding Victorian public holidays. We reply to every email within 2 business days.

In these terms, "we", "us" and "our" mean Earths Water. "You" means the person placing the order.

3. Who can buy

You must be at least 18 and able to enter a binding contract. You must give accurate delivery, contact and payment details, and be authorised to use the payment method you select.

4. How to place an order

These terms and every order are in English. We keep a record of your order, which you can see in your account and in your confirmation email. These terms are always available on our website.

5. How your order becomes a contract

When you place an order you are making an offer to buy. Our order confirmation email acknowledges that we received it. A contract is formed when we dispatch your order, and only for the items dispatched.

We may decline an order before dispatch where an item is out of stock, we cannot verify your payment or delivery details, we cannot deliver to your address, an item was listed at an obviously incorrect price, or section 18 applies. If we decline an order you have already paid for, including a pre-order, we refund you in full within 5 business days and charge you nothing.

6. Our products

• Product photographs are accurate but indicative. Colours and finishes can look different on different screens, and natural materials such as bamboo vary in grain and tone between units.

• Specifications and filtration performance are listed on each product page.

• Cartridge life is the shorter of the two stated limits, litres or months, whichever comes first.

• We may change products over time. If a change is material and affects an order already placed, we will contact you before dispatch and you can cancel for a full refund.

7. Prices and payment

• Prices are in New Zealand dollars and include GST.

• Delivery charges and any optional extras are shown at checkout before you pay.

• The price that applies to your order is the price shown at checkout when you placed it.

• Pricing errors. Where an item is listed at an obviously incorrect price, we will not dispatch it at that price. We will contact you, offer it at the correct price, and refund you in full if you would rather not proceed. This applies before dispatch only.

• Buy-now-pay-later and other finance options are provided by third parties under their own terms.

• Payment is taken when you place your order, unless the checkout shows otherwise.

8. Promotions, discount codes and bundles

• Discount codes must be entered at checkout and cannot be applied to an order after it is placed. One code per order unless the offer says otherwise. Codes have no cash value, cannot be combined with other offers, cannot be used on delivery charges or to buy gift cards, and are valid only in the store they were issued for, unless the offer says otherwise.

• Refunds on discounted orders are the price you actually paid. Where a discount applied to the whole order, it is shared across the items in proportion to their price.

• Promotions run for the period stated. Where no end date is stated, we may end a promotion at any time, but never for an order already placed.

• Later price changes. We do not adjust the price of an order after it is placed if the price later drops or a new promotion starts.

• Free gifts are available while stocks last where stated. If you return the product that qualified you for a free gift, please return the gift too, unused. Otherwise we deduct its stated value from your refund.

• Bundles. If you return part of a bundle, we refund the bundle price less the full price of the items you keep.

• Quantity limits. We may limit quantities per order or per customer, including on promotional items.

• An offer or code used in breach of its conditions, including by creating multiple accounts, may be cancelled before dispatch.

9. Pre-orders

Some products are offered on pre-order before they arrive in stock. The product page and the checkout show that an item is a pre-order and its estimated dispatch date.

Change-of-mind, taste guarantee and warranty periods all start from the day your pre-order is delivered.

10. Gift cards

• Gift cards are valid for 3 years from the date of purchase.

• No fee applies to buying, holding or redeeming a gift card.

• Gift cards cannot be exchanged for cash, except where the law requires it, and are not reloadable.

• Treat a gift card like cash. We cannot replace one that is lost, stolen or used by someone else, except where the law requires it.

• Gift cards are excluded from change-of-mind returns.

11. Delivery, risk and ownership

• Delivery costs and estimated timeframes are in our Shipping & Delivery policy.

• Delivery timeframes are estimates. If your order is running late, contact us and we will chase it.

• If your order has not arrived within 30 days of the latest estimated delivery date, you can cancel it for a full refund, including delivery.

• Your order is our responsibility until it is delivered to you.

• Ownership passes to you on delivery.

• You are responsible for giving us a correct and complete delivery address.

12. Returns, warranty and guarantee

• Changed your mind, or something is wrong with your product, see our Returns & Exchanges policy. Original packaging is required on every change-of-mind return.

• Warranty. Our products carry a 12-month warranty against defects, given to the original purchaser.

• Taste. See our 30-Day Taste Guarantee.

• Gifts. Where you bought something as a gift, the recipient can contact us with your order number. Any refund goes to the original payment method.

Our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993.

13. Subscriptions

• A subscription is an ongoing agreement. It continues until you cancel it, and you are charged the subscription price shown at checkout each time an order is created, at the interval you chose.

• You can pause, skip, reschedule, change or cancel it yourself in your account, or by emailing support@earthswater.com, up to 24 hours before a scheduled order.

• Each subscription order is then held for 24 hours before dispatch. If you contact us in that time, we cancel that order and refund it in full.

• There is no minimum term and no cancellation fee.

• If the subscription price changes, we email you at least 14 days before the change takes effect, and you can cancel before it applies.

• Full terms are in our Filter Subscriptions document.

14. Optional extras

Optional extras such as Shipping Protection are shown separately at checkout with their price, and you can remove them before you pay. They are never required to buy from us. What Shipping Protection covers is set out in our Shipping & Delivery policy.

15. Using the products safely

Our filters treat water that is already supplied as drinking water, such as mains town water.

• They are not designed to make microbiologically unsafe water safe to drink. Do not use them on water of unknown quality, or where your supplier has issued a boil-water notice.

• Follow the instructions supplied, including flushing new cartridges and replacing them on schedule.

• Our products are not medical devices, and nothing we publish is medical advice.

• If a product safety issue ever affects something you bought, we will contact you using the details from your order.

16. Business buyers

Where you are in trade and buy for the purposes of a business, the Consumer Guarantees Act 1993 does not apply, and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to the extent permitted by section 5D of that Act. You agree that this is fair and reasonable.

In that case our liability is limited to replacing the goods, supplying equivalent goods, repairing them, or paying the cost of any of those.

17. Our liability

We do not exclude or limit any liability that cannot lawfully be excluded or limited. This includes your rights under the Consumer Guarantees Act 1993.

Subject to that:

• we are not liable for loss that was not reasonably foreseeable

• we are not liable for loss of profit, revenue, business, goodwill, data or anticipated savings

• we are not liable for loss caused by not following the instructions supplied with the product

• we are not liable for the acts or omissions of third parties, including carriers and payment providers, except where they act on our behalf

• our total liability in connection with an order is limited to the amount you paid for that order

18. Fraud and misuse

We may refuse or cancel an order, decline a claim, close an account, or refuse future orders where we reasonably believe there has been fraud, payment fraud, abuse of a policy, promotion or guarantee, resale of products bought as a consumer, or a pattern of claims that does not match ordinary use of the product.

Where we do this we will tell you, and you may ask us to review the decision. Any money owed to you for goods you have paid for and not received is refunded.

19. Payment disputes

If something is wrong with an order, please contact us before raising a dispute with your bank or card provider. We can usually fix it faster.

Where a dispute is raised, we give the payment provider our records of the order, its delivery and our communications with you. If you receive a refund or replacement from us and also through a payment dispute for the same order, we may recover the duplicate amount.

This does not affect any right you have with your bank or card provider.

20. If something goes wrong

Contact us at support@earthswater.com and tell us what happened. We acknowledge every complaint within 2 business days and aim to resolve it within 10.

Please give us the chance to put it right before starting any formal proceedings. This does not affect any right you have by law.

21. How we contact you

We contact you by email using the address on your order or account, including for order confirmations, delivery updates, delay notices and subscription notices. Keep it up to date.

Marketing emails are sent only where you have agreed to receive them, and you can unsubscribe at any time.

22. Changes to these terms

We may update these terms from time to time. The version that applies to your order is the version published when you placed it. Changes do not apply retrospectively to orders already placed, or to a subscription order already created.

23. Governing law

These terms are governed by the law of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria. If you are a consumer, you may also bring proceedings in the courts of New Zealand, and New Zealand consumer law continues to apply to you.

24. General

• Severance. If any part of these terms is unenforceable, it is severed and the rest continues to apply.

• Waiver. A delay in enforcing a right is not a waiver of it.

• Assignment. We may transfer our rights and obligations to another business, provided your rights are not reduced. You may not do so without our written agreement.

• Entire agreement. These terms and the documents they refer to are the entire agreement between us about your order.

• Events outside our control. Neither of us is liable for a failure caused by an event outside our reasonable control. Where we cannot deliver, you get a refund.

• Third parties. Nobody other than you and us has any right to enforce these terms.

• Language. These terms are in English.

• Intellectual property. Nothing in these terms transfers any of our intellectual property to you.

• Resale. Our products are sold for personal or business use, not for resale. Resale requires a separate written agreement with us.

• Survival. Sections 17, 18, 19, 23 and 24 survive the end of this agreement.