Terms and Conditions

Our Terms and Conditions

Thank you for visiting our website. We hope you find the information on our website valuable and useful. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

If for any reason you need clarification of these terms and conditions we ask that you contact us on our email address below…

TERMS AND CONDITIONS

1 INTRODUCTION AND GENERAL DEFINITIONS

(a) In these terms and conditions (the Terms and Conditions), “we” “us” and “our” refers to Feng Shui Dragon Enterprises Pty Ltd.

“Customer” and/or “client” means you and all other persons who use your personally identifiable information (including credit card, IP address or otherwise identifiable information) to purchase Products or Services from our Online Shopping area, or, as the context requires, includes any person browsing the Online Shopping feature or information on the Feng Shui Dragon Enterprises Pty Ltd website.

“Products” means any Feng Shui Item or Remedy for sale in Feng Shui Dragon Enterprises Pty Ltd Online Shopping via direct online immediate purchase or via manual purchasing including fax, phone, written, verbal, mail or email order.

“Services” means any Feng Shui Item or Remedy for sale in Feng Shui Dragon Enterprises Pty Ltd Online Shopping via direct online immediate purchase or via manual purchasing including fax, phone, written, verbal, mail or email order.

“Intellectual Property” means all intellectual property whether written or presented via audio, graphic, video, or via use of any other media including (without limitation) patents, designs, present and future trademark or copyright, including rights reserved whether or not registered or registrable by any means [as appears], and the right to file an application for registration thereof.

“Feng Shui Dragon Enterprises Pty Ltd Online Shopping” means this internet site owned by Feng Shui Dragon Enterprises Pty Ltd, being the medium by which Products are offered for sale online by Feng Shui Dragon Enterprises Pty Ltd to the Customer.

(b) Please read the Terms and Conditions carefully as they apply to your use of the internet site www.fengshui.com.au (the Site). By using the Site and any Online facilities including payment facilities via the Feng Shui Dragon Enterprises Pty Ltd Online Shopping you agree to be bound by the Terms and Conditions of the Site including those revisions referred to in (c).

(c) We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted. These terms and conditions shall prevail over any other document purporting to have a contractual effect.

(d) In reference to all purchases off this website but not restricted to, your access to, and use of, Feng Shui Dragon Enterprises Pty Ltd Online Shopping is subject to the following terms and conditions. By using this website in any way you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them.

(e) Your use of some parts or features of the Site may be governed by additional terms and conditions such as Intellectual Property Rights (but is not strictly limited to this). Where this is the case you will be notified accordingly by the Copyright Symbol or another means of communication, and those additional terms and conditions:
(i) will apply to your use of such parts or features of the Site in addition to these terms and conditions; and
(ii) will prevail over the Terms and Conditions to the extent of any inconsistency.

(f) All material on this website https://fengshui.com.au is subject to change without notice. For any questions relating to products, pricing or other matters please contact us via email, phone or fax.

2 SPECIAL TERMS AND CONDITIONS OF ONLINE SHOPPING WITH US

(a) Access and Use
Your access to, and use of, Feng Shui Dragon Enterprises Pty Ltd Online Shopping is subject to the following terms and conditions. By using Feng Shui Dragon Enterprises Pty Ltd Online Shopping you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Feng Shui Dragon Enterprises Pty Ltd Online Shopping constitute legal offers to purchase, and are capable of being accepted by Feng Shui Dragon Enterprises Pty Ltd without any further reference to the Customer or Client.

These terms and conditions shall prevail over any other document purporting to have a contractual effect, including the usual Feng Shui Dragon Enterprises Pty Ltd Operating Policies.

(b) Registration and Membership including via Purchase
Feng Shui Dragon Enterprises Pty Ltd has the absolute discretion to refuse the registration application of a potential Customer or Client via the membership site or via any registration means for any reason whatsoever.

(c) Feng Shui Dragon Enterprises Discretion to Accept Orders
Feng Shui Dragon Enterprises Pty Ltd has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Feng Shui Dragon Enterprises Pty Ltd may, on occasion, cancel an order for any reason whatsoever. In these instances, if payment has been automatically processed via the shopping cart, we will immediately refund all previously accepted payment by the close of business on that day or the following business day. On these rare occasions, Feng Shui Dragon Enterprises Pty Ltd shall not be liable for any charges relating to financial institution or other financial charges if Feng Shui Dragon Enterprises Pty Ltd is unable to or declines to supply a Product for any reason whatsoever.

(d) Suspension and Termination
Feng Shui Dragon Enterprises Pty Ltd may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through Feng Shui Dragon Enterprises Pty Ltd Online Shopping for any reason whatsoever. In these instances, if payment has been automatically accepted via the shopping cart, we will immediately refund all previously accepted payment by the close of business on that day or the following business day. On these rare occasions, Feng Shui Dragon Enterprises Pty Ltd shall not be liable for any charges relating to financial institution or other financial charges if Feng Shui Dragon Enterprises Pty Ltd is unable to or declines to supply a Product for any reason whatsoever.

(e) Customer Liability in relation to orders
Customers are liable for every order made using their personally identifiable information including, registration, membership, credit cards and IP Addresses.

(f) Online Security
Feng Shui Dragon Enterprises Pty Ltd uses all reasonable endeavors including third party security to prevent any unauthorized entry into Feng Shui Dragon Enterprises Pty Ltd Online Shopping. However, no member of Feng Shui Dragon Enterprises Pty Ltd will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorized access. Our employment of the SSL security system ensures your credit card and contact details are safe and secure. All data is secured by 128 Bit SSL.

(g) Online Information, pricing, description and accuracy
Feng Shui Dragon Enterprises Pty Ltd endeavours to ensure that the information provided on Feng Shui Dragon Enterprises Pty Ltd Online Shopping is free from error, however, occasionally there could be small variations in the remedies due to manufacturing changes. Feng Shui Dragon Enterprises Pty Ltd does not warrant its accuracy, adequacy or completeness and shall not be responsible or liable for any error in, or omission from, the information provided on Feng Shui Dragon Enterprises Pty Ltd Online Shopping. We reserve the right to make changes to the information provided on Feng Shui Dragon Enterprises Pty Ltd Online Shopping at any time and without notice.

(h) Product availability
Every effort will be made to fulfil orders placed with Feng Shui Dragon Enterprises Pty Ltd Online Shopping, but Feng Shui Dragon Enterprises Pty Ltd shall not be liable to any person if Feng Shui Dragon Enterprises Pty Ltd is unable to or declines to supply a Product for any reason whatsoever.

(i) Online Shopping Specials
Specials are subject to availability while stocks last. Feng Shui Dragon Enterprises Pty Ltd reserves the right to limit the amount of products or services available where applicable. In these instances customers will be advised of product/services limits prior to purchase and each customer agrees to the purchase knowing the limit may have been fulfilled [and the purchase may need to be refunded]. Feng Shui Dragon Enterprises Pty Ltd agrees to maintain this information with as much accuracy as possible at the time of sale and where applicable create waiting lists for certain products or services. Occasionally, Feng Shui Dragon Enterprises Pty Ltd Online Shopping may not allow back orders for specials that are out of stock. On these rare occasions, Feng Shui Dragon Enterprises Pty Ltd shall not be liable for any charges relating to financial institution or other financial charges if Feng Shui Dragon Enterprises Pty Ltd is unable to or declines to supply a Product for any reason whatsoever.

(j) Packaging and Postage
Packaging and postage is an additional charge, calculated at time of purchase and will be reflected in the Shopping Cart.

(k) Product Returns and Refunds
We do like for our customers to be satisfied with out products and services and we offer a Satisfaction Guarantee on our Products and most Services off the site. However, we do have terms and conditions in relation to refunds, exchanges, repairs or faulty products and we consider any purchase to be as conclusive proof and evidence of your agreement and acceptance of these “terms and conditions.” For full information on our Product Return and Refund Policies please visit our Refund Policy page to access our most up to date information on Returns, Refunds, Exchanges, Credit Notes or Gift Vouchers.

(l) Our “Abuse Free” Environment
At Feng Shui Dragon Enterprises Pty Ltd we actively work in an “Abuse Free” Environment everyday. Because we want our customers to be happy with their purchases or the services that we offer to people we actively strive to create positive solutions to make our Customers happy.

For this reason we are very interested in conducting all of our communications in a positive and respectful way with everyone at all times and we hope you want this too.
We support a “Zero Tolerance” Policy in our work place including our websites. In short, we do not tolerate abusive behavior or continue abusive relationships with our Customers and Clients.

We reserve the right to decline fulfillment on any product or service we offer if we believe it is not possible to have an environment of positivity, harmony and respect with our Customers and Clients.

3 INTELLECTUAL PROPERTY RIGHTS

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

(a) You acknowledge that the content on the Site is subject to copyright, trade mark and possibly other intellectual property rights. In these Terms and Conditions, “content” means anything that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, artwork, design, photographs, illustrations, text, music, songs and other materials or subject-matter on the Site).
(b) Unless you are expressly authorized by us, or otherwise by law, you must not do any of the following yourself, or permit or authorize any other person to:
(i) sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the content (or any readily identifiable portion of the content) in any way without our prior written consent; or
(ii) otherwise infringe the intellectual property rights of any other person in using the Site or any content.
(c) Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated.
(d) You agree that Feng Shui Dragon Enterprises Pty Ltd owns the copyright and of this website unless stated. You agree not to use our copyright without our prior written consent. All other copyright statements appearing on our Site are the property of their respective owners.
(e) Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
(f) If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

4 YOUR USE OF THE SITE

When you visit our website, we give you a limited licence to access and use our information for personal use. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

Trademarks and Restriction of Use:
You are not permitted to use any trade marks, trade names, graphics or designs that are on Feng Shui Dragon Enterprises Pty Ltd’s website. If you breach Feng Shui Dragon Enterprises Pty Ltd’s trade marks then Feng Shui Dragon Enterprises Pty Ltd reserve the right to take action against you.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

(a) You must not:
(i) use the Site without the authority and supervision of a parent or guardian, if you have not reached the age of majority under any Applicable Law;
(ii) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(iii) reproduce any content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion;
(iv) violate any applicable law relating to your use of the Site; or
(v) use or disseminate personal data or private information about other users of the Site.
(b) In the Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(i) any law, rule or regulation of any country (or political sub-division of a country);
(ii) any obligation under any licence in any country (or political sub-division of a country); and
(iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

5 CONTENT OF THE SITE

(a) We attempt to keep the content of the Site up to date. However, we do not warrant the accuracy or currency of the content
(b) You acknowledge that the content on the Site is subject to change at any time.
(c) All prices quoted on the Site are in Australian dollars and do not include GST due to the Global nature of the internet. All prices quoted will reflect GST charges for Australian residents only in Shopping cart at the time of purchase.
(d) Prices quoted on the Site should be used as a guide only as they may change from time to time.

6 LINKS, DOWNLOADS, PLUG-INS, ADVERTISEMENTS

(a) We have not reviewed all of the websites, downloads, plug-ins, features or advertisements linked to this Site and are not responsible for the content or accuracy of any such off-site materials, including any websites linked to this Site through advertisements or search engines (collectively, Third Party Material). The linking of our Site to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. We do not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there.
(b) Your correspondence or dealings with, or participation in promotions or business of, advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
(c) You may link to our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

7 COOKIES

(a) During your use of the Site, we may issue to and request from your computer blocks of data known as “cookies”. By using this Site you authorize us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site. Please refer to our Privacy Policy for more detail about the purpose for which we obtain cookies and how we use such information as well as how we respect your privacy.

8 USE OF THE SITE IS AT YOUR OWN RISK – DISCLAIMER OF LIABILITY

Disclaimer of Liability
(a) Your use of the Site is at your own risk. You must not rely on any statement published on or linked to https://www.fengshui.com.au without first making your own inquiries to verify the information.
(b) We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
(c) We exclude all warranties and liability to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties or liability but does allow limitation to a certain maximum extent, then we limit our warranties and liability to that extent.
(d) To the extent permitted by law, all information on or linked to on the Site is provided “as is” and “as available” without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, safety, quality, freedom from defects or non-infringement.
(e) To the extent permitted by law, we do not accept any responsibility or liability for:
(i) any statement in the material on or linked to the Site; or
(ii) any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Site and its content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(f) From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
(g) To the extent we cannot exclude all liability, our aggregate liability to you arising in relation to your use of the Site or the content (whether arising from breach of these Terms, in negligence or any other common law or statutory cause of action) is limited to the following, the choice of which is at our sole discretion:
(h) In the case of goods any one or more of the following:
(1) the replacement of the goods or the supply of equivalent goods (provided by us);
(2) the repair of the goods (provided by us);
(3) the payment of the cost of replacing the goods or of acquiring equivalent goods (provided by us); or
(4) the payment of the cost of having the goods repaired (provided by us); or
(i) in the case of services: we refer to the supply of the services again (provided by us)

Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.

Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website

9 PAYMENT AND PRIVACY OPTIONS
We aim to provide all of our customers with a safe online shopping experience. Our system encodes your credit card (using 128 bit SSL technology) and contact details to ensure its safe transfer to us.

We respect your privacy and personal information, and will not share it with anyone else. We may use your email address to send our email newsletters and other announcements regarding promotions, new products and special features.

Should you wish to be removed from our mailing list at any time, please use the unsubscribe feature positioned at the bottom of any email we send you or let us know via email, phone or fax and we will unsubscribe you.

For full and further information related to our privacy policy please refer to our privacy policy.

10 GENERAL PROVISIONS

(a) If any part of the Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) The Terms and Conditions, and the use of the Site and any contents thereof, are in all respects governed by and according to the laws of the State of New South Wales, Australia. By using the Site, you irrevocably agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Site or any material contained therein, or accessed thereby.

11 OUR “ABUSE FREE” ZONE

At Feng Shui Dragon Enterprises Pty Ltd we work in an “Abuse Free” Environment. Because we want our customers to be happy with their purchases or the services that we offer to people we actively strive to create positive solutions to make our Customers happy.

For this reason we are very interested in conducting all of our communications in a positive and respectful way with everyone at all times and we hope you want this too.
We support a “Zero Tolerance” Policy in relation to abusive behavior and abusive relations.

We reserve the right to decline fulfillment on any product or service we offer if we believe it is not possible to have an environment of positivity, harmony and respect with our Customers and Clients.

For Further Clarification on any of our Terms and Conditions please contact:

Feng Shui Dragon Enterprises Pty Ltd
ABN: 47 069 583 491
PO Box 89, Haberfield NSW 2045 Sydney Australia
Phone: +612 9362 8089