Terms and Conditions

 

The Shungite Experience is committed to offering a pleasant shopping experience, and we make ourselves contactable should the need arise. We value our service commitment to you! The Terms and Conditions form the basis of the contract between the customer and The Shungite Experience for the supply of products and services. We take all necessary care, but any errors or omissions in a listing are unintentional. Our terms and conditions are outlined below:

OVERVIEW

The Shungite Experience operates this website. Throughout the site, the terms “we”, “us” and “our” refer to the Shungite Experience. The Shungite Experience offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service”. You agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all site users, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. You agree to be bound by these Terms of Service by accessing or using any part of the site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.

Our store is hosted on WordPress. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colours and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. In our sole judgment, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor have any control over or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include third-party materials.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third party’s rights, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 – PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the store. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is and ‘as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Connell Investment Company/The Shungite Experience, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Connell Investment Company/ The Shungite Experience and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.
Suppose in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. In that case, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These terms and conditions are governed by and construed by the laws of New South Wales, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales, Australia.

We retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other appropriate country or jurisdiction.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

PRIVACY AND SAFETY

At The Shungite Experience, your privacy is paramount. We recognise that your personal information is important to you and share your concerns about how information is collected, used, and shared. We are committed to safeguarding your personal information and will always handle your personal information securely and carefully.

The Shungite Experience is committed to complying with all applicable Australian Privacy Laws and ensures that our staff understands their obligations. The following should give you a greater understanding of how we collect and use customer information.

Why we may collect information:

We collect information for several reasons, including:

  • To deliver products or services to you

  • To complete other transactions with you or on your behalf

  • To better understand your requirements and preferences

  • Improve our service

  • Provide offers that are of greater interest or benefit to you

How we collect this information:

We collect information in several ways:

  • When you order goods or services, particularly when those products are delivered

  • If you pre-order products or services

  • When you enter a store promotion offer

  • When you download and register for use of our smartphone app

  • When you communicate with us through our Facebook page

  • When you subscribe to our newsletter

What we collect

The personal information we collect is, in most cases, supplied by you when you place an order or provide feedback to us.

  • Name

  • Address

  • Delivery address

  • Phone number(s)

  • E-mail address

  • Transaction information

Who we may share your information with:

We will often need to pass your personal details, such as your name and address, to companies who perform part of our service delivery. This includes organisations such as Australia Post, major delivery companies, mail houses, and third-party fulfilment contractors. We may also disclose personal information to government authorities as required by law.

The Shungite Experience will not sell or pass your information to a third party for unsolicited marketing.

Shipping

The Shungite Experience is not liable for any damage, loss, or theft to any product during shipping where a customer has not taken out transit insurance concerning these occurrences. A customer must pay for transit insurance as an optional extra.

We pack all of our orders with care and extra attention to detail to make every effort that no damage will occur. Still, once the items leave our business, they become the carrier’s responsibility. The customer is the only person legally who can enter into a claim for any damages with the carrier.

A product will be delivered to the address specified at checkout, and we take no liability for incorrect delivery information supplied by the customer.

Warranty

We offer a full warranty on our products if returned to us within 14 days, in new and unused condition. If you receive a product and wish to return it, please contact us immediately. The warranty will be void if products are misused, modified, or used in a manner not intended. We do not offer a warranty on how Shungite will perform in regards to EMFs or any other area.

Returns Policy

If you wish to return your product, you may return any new item within 14 days of delivery for a full refund. ( Less fees, shipping costs and a 10% restocking fee ) You will receive a full refund on the purchase price, minus the shipping charges. So the customer is responsible for all postage costs if returning a product. We must be contacted prior to returning any item.

If goods arrive damaged we are to be notified immediately. We must be notified prior to you returning any goods. We will pay the return shipping costs if the return is a result of our error (you received an incorrect item, etc.) and will then offer a repair, replacement or refund where appropriate. We will pay all postage costs on faulty items. However, the buyer is responsible for all postage charges on return items, and once returned and assessed we will reimburse this payment. A refund or exchange will be issued once the item has been tested.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page.  However, you should not provide a link that suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Disclaimer

Please be advised that The Shungite Experience, the seller of this item, its directors, staff, and associates are NOT responsible or liable for any disregard for public safety, injuries to self or a third party, loss of limb, death, or property damage caused as a result of using any of our products. We make no claim to the safety of any product that we sell. These types of products may be dangerous if used improperly or in dangerous conditions, even when safety gear is properly worn.
The purchaser, Parents, and Guardians MUST accept all responsibility and risks associated with usage. We make no claims to any products regarding legislation. Each purchaser is responsible for researching his or her own state laws and regulations prior to purchase.

Views Expressed Disclaimer

All the information published on this website or in any article or Testimonial herein is true and accurate to the best of the author’s knowledge. Information on this site should not be a substitute for legal or health advice. No liability is assumed by Connell Investment Company Pty Limited or individual members of Connell Investment Company for losses suffered by any person or organisation relying directly or indirectly on information published on this site. Views expressed in any article are the authors’ views individually and do not necessarily reflect the view of Connell Investment Company or The Shungite Experience.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by us. In this case, we may require you to sign a License Agreement. If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: info@theshungiteexperience.com.au.

Trademarks

The trademarks and logos contained on this Website are trademarked to Connell Investment Company Pty Ltd.  Use of these trademarks is strictly prohibited except with our express, written consent.

Our Shungite

As Shungite is a natural mineral, the pictures displayed on this website may be different to the actual item that you receive. In particular, Elite or Noble Shungite, in its raw form, will usually not be the same as the picture displayed. The exception to this would be a large piece of Elite Shungite that is a one-off.  All our products are guaranteed genuine and are subject to our return policy.