Terms and Conditions of Sale

The Merkabah is full of gratitude that you are considering purchasing, but I do need to ensure you understand the conditions of trade. If you have questions, please contact me before items are processed and shipped.


These are the Terms and Conditions of Helen Hargrave trading as The Merkabah (ABN7170000671382) (“The Merkabah”,“we”, “us”) on our website located at www.themerkabah.com.au, which is owned and operated by us (www.themerkabah.com.au). These Terms and Conditions also incorporate our Terms of Use & Disclaimer, Additional Terms of Service & Privacy Policy, all of which can be found on our Website.


Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.


1. E-commerce

While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue). 


Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable. 


2. Products & Pricing

All pricing quoted is in Australian Dollars (AUD / AU$) and inclusive of 10% GST. Delivery charges are calculated as an additional charge according to the number of item/s ordered and the receiver’s delivery address. All pricing, products and stock availability are subject to change at any time.


PLEASE ENSURE YOU READ the Postage & Delivery section in this article too.


Place your order on-line through our website or alternatively you can use the Contact Us form and we will assist you. Sometimes the piece has been sold via non-website channels and we will do our best to source alternatives for you to consider or refund the money.


3. Payment

You agree to pay us the purchase price listed on the Website (subject of course to the provision above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.


You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.


If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.


We currently accept payments by Stripe & PayPal. 


If you would like to pay by Direct Bank Transfer please contact us 


In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor or credit provider (such as PayPal, Stripe), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider on our Website, please contact them directly.


4. Discounts and Coupon Codes

We may offer discounts or coupon codes from time to time. 


Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both). 


Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).


Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only. 

Coupon codes are non-transferable and are not redeemable for cash under any circumstances. 

We reserve the right to revoke any discount offer or coupon code at any time without notice. 


5. Store Credit

We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.


Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order. 

You’ll need an account on our Website to receive and redeem store credit. If you don’t already have an account on the Website, you’ll need to create one prior to store credit being provided. 


Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.


Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.


6. Gift Vouchers

If at any time we sell gift vouchers on our Website. The gift voucher will be emailed to you and may be redeemed on our website. 

It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient. 

Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply. 


Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for cash or applied toward any special, promotion or discounted offer.


Voucher Expiry

Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:

  • the voucher is able to be reloaded or topped up
  • it has been donated for promotional purposes
  • it is available only for a specified period
  • it has been supplied at a genuine discount
  • it is part of an employee reward scheme
  • it is part of a customer loyalty program
  • it is a second-hand gift card
  • it is part of a temporary marketing promotion

in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.


Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.


7. Postage and Delivery

I post products Worldwide. I use the delivery service provider Australia Post to help us get our products to you. 


a) Rates

You agree to pay to us postage fees as calculated at checkout.

Except for electronic gift certificate purchases, delivery costs are calculated according to the number of item/s ordered, weight, dimensions and delivery destination as per Australia Post 

To calculate the delivery cost place the item/s in your Shopping Cart, enter your location for your delivery.

I use APIs that calculate Australia Post prices. These seem to be accurate but only cover the first $100 insurance if not delivered or damaged/broken in transit.(Australian residents only)

As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).

Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website. 

International Shipping: Every country has their own method for calculating duties and taxes. All Duties & Taxes are payable by the customer (you)


b) Dispatch Timeframes

I will try to process all orders within 3 days of receipt of payment. Once an order is processed, I’ll do my best to dispatch orders on the same business day or the next business day.

We ask for your patience as this handling period may vary, for example, if we have a high volume of orders. 

You acknowledge that we’re not liable for any delay in dispatch of your order.


c) Delivery Timeframes

Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider. As a guide, your orders should arrive within14 days, unless advised otherwise. International may be up to 28 days.


d) Delivery Address

It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement. 


e) Orders Lost in Transit

When we dispatch your order, we will give you a tracking code for you to track the progress of your order.

If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law. 


Please allow up to 14 days Australian Residents & 28 days International for delivery before submitting an inquiry into a lost parcel. We will work with Australia post on your behalf to locate the missing item. 


f) Risk

Risk in each order passes to you on delivery to your nominated address. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person. 

If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.


SHIPPING INSURANCE AUSTRALIAN RESIDENTS

Australia Post offer $100 cover in their basic price for standard shipping which comes with tracking

We strongly recommend that you purchase insurance if you place an order that is over $100.

For Australia Post this is $2.50 for every $100 with $3.40 for “signature on delivery” being required by Australia Post on insurance over $300.


INTERNATIONAL SHIPPING INSURANCE 

International Standard comes with up to $100 compensation for loss or damage & tracking with Australia Post.

Extra Cover provides additional loss or damage cover up to $5,000.

If your item is lost or damaged while being carried by Australia Post and you haven't purchased Extra Cover, you may be entitled to compensation of up to $100 and a refund of postage (proof of value may be required). This applies for most items you sent. Claims for compensation are assessed on a case-by-case basis.


Items will not be shipped internationally without insurance.


8. Events Beyond Control

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution. 


9. Advice and Information

We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.


10. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to 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. 

Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence. 


Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to: 

  • replacement of the product;
  • repair of the product; 
  • payment of the cost of having the product repaired; or
  • such other fair and reasonable remedy as we are ready and willing to provide.


We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.


If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.

To make an ACL-related claim, please contact us atcustomer service email address or phone number.


11. Refund Procedure

Broken / Damaged Goods/Lost in Transit: 

I take the utmost care to ensure that breakages do not occur, all packages are carefully wrapped in bubble wrap and packed tight with extra padding inside. 


If you receive items that has been damaged in transit from The Merkabah & the damage was done by Australia Post or their 3rd Party Couriers then I will help you with your insurance claim if you paid for insurance. 

The Merkabah is unable to refund goods damaged or lost in transit if the appropriate insurance was not purchased.

You will only be eligible for a refund up to the amount of insurance purchased. 


If your product has unfortunately broken or has been damaged in transit please take a photo within 24 hours of receiving it and email us by replying to your order invoice.


I strongly recommend if the box is damaged, compressed or torn on arrival you photograph damages as you open it. 

Photos must include: 


  • The Box
  • The products before they are ‘unwrapped’ 
  • Damaged/broken products after unwrapping. 
  • Tarot & Oracle cards removed from the manufactures sealed plastic are not eligible


Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be approximately 24 hours


Change of Mind/Exchange: Store credit (not including postage) may be issued for change of mind within 5 days of purchase. All change of Mind/Exchanges must be submitted in writing to The Merkabah for approval.

Once approved the item must be sent back to The Merkabah;

  • At your expense with the appropriate insurance cover
  • With the same care in packaging it was sent to you.
  • It must be in original unused condition so that the item can be resold. 
  • Tarot & Oracle cards must remain in the manufactures plastic seal to be eligible.
  • A tracking number must be provided to us 


The Merkabah has the right to refuse an exchange or refund if the goods are not returned in the unused original condition, returned damaged in transit and are not covered by the appropriate insurance.

Please ensure you read all the product details, sizes and specifications prior to purchase to help prevent this from happening.


12. Intellectual Property

You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.


13. Dispute Resolution

If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in New South Wales (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief). 


14. Variation

We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted. 


15. Severance

If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.


16. Termination

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.


17. Jurisdiction

As we are based in New South Wales , these terms will be governed by the laws of New South Wales . In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales and courts of appeal from them.

This document was last updated: 10/11/2021