Carbon Shop E-Commerce Terms and Conditions

Effective date: 1 March 2023
This document sets out the terms on which we sell the Products on the Website. Please review the following terms carefully.
1. Acceptance of E-Commerce Terms and Conditions
1.1 You agree to these E-Commerce Terms and Conditions when you submit an Order on our Website.
1.2 Each Order you place will be a separate and binding agreement between you and us with respect to the supply of Products.
2. Customer Service Policy
2.1 We strive to ensure that:
(a) information provided about the Products listed on our Website are accurate; and
(b) the Order is Fulfilled by within 48 hours.
2.2 If we:
(a) have provided you inaccurate information in relation to any Product; or
(b) are unable to Fulfil your Order for any reason,
we will notify you as soon as practicable to:
(c) obtain relevant information from you as needed to Fulfil your Order;
(d) arrange a replacement Product; and/or
(e) refund any payment you have made for any Order that we are unable to Fulfil.
3. Order Placement
3.1 You may place an Order to buy any Product by completing and submitting an electronic Order form on our Website.
3.2 When you place an Order you make an offer to buy a Product and we may accept or reject an Order for any reason.
3.3 When you place your Order, you must provide accurate information about:
(a) the Product you are purchasing and any specifications you may choose (e.g. project type, standard, vintage, volume, etc.);
(b) any carbon neutral certification scheme under which you wish to retire credits in order to satisfy the requirements of a scheme applicable to you (e.g. Climate Active);
(c) name and contact information of Product recipient; and
(d) the name and retirement message to be entered into the Registry.
3.4 You acknowledge and agree that we are not responsible or Liable for any incorrect information provided by you pursuant to any Order placed by you.
3.5 Your Order is not accepted merely because:
(a) you received a notice that we acknowledged your Order;
(b) you received a request to confirm your identity or other details; or
(c) payment has been charged to your credit card.
3.6 We will:
(a) if your Order is accepted:
(i) notify you by email that it is accepted; and
(ii) Fulfil the Order by within 48 hours; or,
(b) if your Order is rejected:
(i) notify you by email that it is rejected; and
(ii) refund the Purchase Price to the credit card that you paid with.
4. Payment
4.1 Purchase Price and types of Products may change from time to time, and the Purchase Price for a Product will be calculated on the checkout page.
4.2 You must pay us the Purchase Price upon the placement of your Order.
4.3 If you pay by credit card, you warrant that your credit card details are true and correct and that you are authorised to charge the relevant credit card.
4.4 You agree to indemnify us, and keep us indemnified, from and against any loss or damage arising out of or in connection with a breach of warranty in clause 4.3.
4.5 All prices are in Australian Dollar ($AUD) unless otherwise indicated.
5. Security
5.1 All credit card transactions are implemented under industry standard Secure Sockets Layer (SSL) protocol with 128-bit encryption.
5.2 For credit card transactions, we use a third party processor (e.g. PayPal or Stripe) and/or payment gateway that we may change from time to time so that:
(a) payments are processed in real time; and
(b) we do not have access to your credit card numbers.
5.3 We use database management systems to store any personal information we collect and it contains security features, such as encryption, firewall and anti-virus, to ensure the protection and integrity of our data.
6. Variation or Cancellation of Orders
6.1 You may request to vary or cancel your Order as soon as practicable within 24 hours from your Order at our absolute discretion.
6.2 You acknowledge and agree that we cannot vary or cancel any Order that has been Fulfilled.
6.3 If we accept your variation request:
(a) you will pay costs we incur in varying your request including reasonable administrative costs; and
(b) we are not responsible for any delay in Fulfilling an Order caused by your variation request.
6.4 If we accept your cancellation request:
(a) you will pay any costs we incur in cancelling your request including administrative costs; and
(b) we will refund amount equivalent to Purchase Price less the costs incurred in clause 6.4(a).
7. Accuracy of Products Description
7.1 You acknowledge and agree that:
(a) all pictures and images of Products displayed on the Website are for illustration purposes only;
(b) you have read all descriptions about the Products prior to submitting your Order; and
(c) there may be technical or administrative errors in information including but not limited to Products description, pricing and availability.
7.2 We may correct any errors on our Website and if you placed an Order for any Product that had errors, we may at our discretion:
(a) inform you of the errors for you to re-submit your Order; or
(b) reject your Order and refund the full amount of payment you made.
8. Refund and Exchange
8.1 We do not provide a refund for any change of mind after an Order has been placed.
8.2 We only provide refund or exchange:
(a) if we have made an error or omission in Fulfilling your Order;
(b) for Orders Fulfilled that do not correspond to the Order placed by you;
(c) for breach of express warranties we provided in respect of the Products; and
(d) when there is a violation of any other warranties or rights you have under any legislation.
8.3 To request a refund or exchange, you must:
(a) show your receipt or proof of purchase; and
(b) provide us with information regarding the reason for the refund or exchange.
8.4 All refunds for credit cards are made only to the credit card that was used in the Order.
8.5 To the fullest extent permitted under the law, we do not accept or provide refund or exchange for an Order except as in accordance with this clause.
9. Warranties and Guarantees
9.1 To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) not otherwise specified in these terms.
Implied Terms
9.2 This Agreement includes, by implication, only those warranties, conditions and terms that:
(a) law or legislation implies into this Agreement; and
(b) law or legislation prohibits the parties from modifying, excluding or contracting away.
10. Limitation of Liability
10.1 To the fullest extent permitted by law, we are not liable in any way for indirect, special or Consequential Loss or Liability.
10.2 To the fullest extent permitted by law, our Liability to you for the supply of any Product is limited to the amount of the Purchase Price you have paid us for that Product.
10.3 To the fullest extent permitted by law, our Liability for any breach of any condition, warranty or guarantee (including any condition, warranty or guarantee implied under sub-clause 9.2) is, at our discretion, limited to the lesser of:
(a) the replacement of an Order for Product or the supply of an equivalent Product;
(b) the payment of the cost of replacing an Order for Product or acquiring an equivalent Product;
(c) a refund of the Purchase Price you have paid to us in respect of an Order for Product.
10.4 Nothing in this Agreement will exclude or limit our ability in respect of any:
(a) fraud or fraudulent misrepresentation on the part of us; or
(b) matter which would be illegal or unlawful for us to exclude or limit, or attempt to or purport to exclude or limit, its liability.
11. Disclaimer
11.1 We only sell Products registered under the Voluntary Carbon Standard and the Gold Standard.
11.2 The Products sold on our Website do not constitute Australian carbon credit units or emission units for the purposes of section 764A of the Corporations Act 2001 (Cth).
12. Indemnity
12.1 You indemnify us against all losses, Claims, Liabilities and expenses arising out of or in connection with:
(a) you supplying any Product to a third party; or
(b) a breach of this Agreement by you or any other person acting on your behalf.
13. Privacy Policy
13.1 We securely store and handle your private information. Please visit to access and view our privacy policy.
14. No Waiver
Method of Waiver
14.1 A Party waives a right under this Agreement only by giving written notice that it waives that right.
Limitation of Waiver
14.2 A waiver is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past instances).
No deemed Waiver
14.3 A right is not impaired or waived by:
(a) a failure to exercise that right;
(b) a delay in exercising that right;
(c) a partial exercise of that right;
(d) a previous exercise of that right; or
(e) negotiations between the Parties.
15. Jurisdiction
15.1 This Agreement is governed by the laws of the Australian Capital Territory.
15.2 The Parties irrevocably submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.
15.3 No Party may object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
16. Assignment
16.1 We may transfer, sub-license or otherwise deal with our rights and obligations under this Agreement without notifying you or obtaining your consent.
16.2 You may not transfer, sub-license or otherwise deal with your rights and obligations under this Agreement.
17. Severability
17.1 If all of or any part of any provision of this Agreement is invalid or unenforceable, then:
(a) that provision is severed from this Agreement to the extent necessary to remove the invalidity or illegality; and
(b) the remaining provision of this Agreement remains valid and enforceable.
18. Survival of Certain Terms
18.1 The terms of this Agreement which are capable of having effect after this Agreement ends continue to have full effect, including clauses in relation to:
(a) protection of intellectual property;
(b) post-agreement restraints; and
(c) guarantees, warranties, indemnities and limitation of liability.
19. Interpretation
19.1 In this Agreement, unless the contrary intention appears:
(a) a reference to this Agreement or any instrument includes any variation or replacement of any of them;
(b) a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
(c) a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
(d) the singular includes the plural and vice versa;
(e) words of one gender include any gender;
(f) headings do not affect the interpretation of this Agreement;
(g) reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
(h) reference to a thing (including a right) includes a part of that thing;
(i) if a Party comprises two or more persons:
(i) reference to a Party means each of the persons individually and any two or more of them jointly;
(ii) a promise by that Party binds each of them individually and all of them jointly;
(iii) a right given to that Party is given to each of them individually; and
(iv) a representative, warranty or undertaking by that Party is made by each of them individually;
(j) a provision must not be construed against a Party only because that Party prepared it;
(k) a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
(l) if a thing is to be done on a day which is not a Business Day, it must be done on the Business Day before that day;
(m) another grammatical form of a defined expression has a corresponding meaning;
(n) the word “include” is used without any limitation;
(o) the rights, duties and remedies in this Agreement operate to the extent that they are not excluded by law; and
(p) examples are descriptive only and not exhaustive.
20. Definitions
20.1 Unless the context otherwise requires:
(a) Agreement means these E-Commerce Terms and Conditions and any schedules and annexures to it, as amended and substituted from time to time.
(b) Business Day means a day except a Saturday or Sunday or other public holiday in the Jurisdiction.
(c) Claim means any claim, suit, action, demand, or right.
(d) Consequential Loss includes all forms of indirect loss including loss of revenue, loss of profits, failure to recognise profits or savings and any other commercial and economic loss, howsoever caused.
(e) E-Commerce Terms and Conditions means these terms and conditions as amended from time to time.
(f) Fulfil, in respect of any Product Order, means such time when carbon credits have been retired on the Registry.
(g) GST has the meaning given in the GST Act.
(h) GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(i) Liability means responsibility for any loss (either direct or indirect), damage, or expense and includes liability for Consequential Loss.
(j) Order means the order form (including but not limited to any electronic order form or paper order form) or email request you complete and lodge with us for the purchase of any Product.
(k) Party means a person or entity who executes this Agreement.
(l) Parties mean all the persons or entities who execute this Agreement.
(m) Product or Products means the carbon credits from certified climate action projects which reduce or avoid greenhouse gas emissions offered on our Website and as specified in your Order.
(n) Purchase Price means the total price (including GST, where applicable) for a Product as specified in your Order, calculated in accordance with price listed on our Website in respect of the relevant Product and the offset volume selected by you.
(o) Registry means the registries maintained by the Verified Carbon Standard and Gold Standard (as relevant).
(p) Service means any service provided in conjunction with this Website.
(q) We (whether capitalised or not) means Beyond Neutral Pty Ltd, ACN 128 938 278, of Level 3, 97 Northbourne Avenue, Turner ACT 2612, trading as Beyond Neutral and the words “us” and “our” have corresponding meanings.
(r) Website means
(s) You (whether capitalised or not) means the user of this Website who places an Order with us and the words “your” and “yours” have corresponding meanings.
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