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Welcome to www.botaniqueskinnutrition.com.au (this Website). These Terms and Conditions apply to (a) your use or access to this Website; (b) the supply of our Products ordered by you; and (c) the provision of our Services to you via this Website or other methods or platforms (e.g. via text message, email or social accounts). These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you. Your use of this Website, the placing of any Orders of our Products, or your request of our Services, constitute your acceptance to these Terms and Conditions.
In these Terms and Conditions, unless the contrary intention appears:
Accepted Order means an Order accepted by us and for which payment has been received by us and an order confirmation notice is provided to you for such Order.
ACL means the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia or, for deliveries of Products, at the place of delivery.
Contract means a contract of sale referred to in clause 2.4.
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means an order for the Products placed by you.
Price means the price of the Products inclusive of GST listed on the Website.
Product means the goods listed on the Website, or the goods purchased or to be purchased by you which are the subject of a Contract.
Returns Policy means the returns policy for the Products purchased from us, as amended from time to time
Service means the services offered by us, including product advice given via online platforms (e.g. text message, email or social account) referred to below.
We, us or our means Botanique Skin Nutrition (ABN 26239057088) and its associated entities as defined in the Corporations Act 2001 (Cth).
You may place an Order for our Products by completing and submitting to us an online order and completing the checkout procedures on the Website. You must not order Products from us if you are under eighteen (18) years of age or we may void the order at our discretion.
Your order is an offer to buy from us which is not an acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
- accept the alternatives we offer;
- cancel all or part of your order and receive a full refund.
We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
If we accept your Order, we will acknowledge and accept your Order by providing you with an order confirmation number via email once your payment for the Products in your Order has been validated. Once your Order is accepted by us, a binding contract will come into existence between you and us in relation to the ordered Products.
You may cancel an Order any time prior to the time we send out the order confirmation notice to you. You may not cancel any Accepted Orders unless we agree to your cancellation, in which case you will be required to pay a cancellation fee of AUD$10.00.
PRICE AND PAYMENT
The price payable by you for the Products in an Accepted Order will be the Price for the Products at the time your Order is submitted. We may update or vary the Price from time to time without notice to you. Any changes will be effective once they are published on the Website.
Prices include goods and services tax (“GST”). If you show by your delivery address that you reside outside the Commonwealth of Australia, GST will be deducted at the payment point.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you
We accept payment for any Accepted Orders by PayPal, ZipPay, direct deposit or credit or debit card only. We will not be responsible for any loss or damage (whether direct or indirect) suffered by you if any of these means of payment are fraudulently used or used in an unauthorised manner by a third party.
Payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
Unless expressly stated to the contrary, all payments must be made in the currency specified in the Price on the Website for your transaction. Where conversion from foreign currency is required, such currency conversion will be performed by the payment platform and may be subject to a fee charged by them.
We will process payments as soon as you submit your Order. If your payment is declined or reversed for any reason, we reserve the right to reject your Order or cancel any Accepted Orders. We reserve the right to keep or sell the Products.
Your tax invoice will be sent to you when the Products are delivered. Please keep your tax invoice safely as it is your proof of purchase.
If we owe you money, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than working 15 days from the date when we accept that repayment is due.
DELIVERY & RETURNS
Delivery charges will apply to each Accepted Order and will be calculated at check out for standard shipping. For all delivery options, (including standard shipping within Australia) whether provided to you with or without charges, you will continue to be liable for any insurance, tax, tariff or duty (where applicable).
We will deliver the Products once full payment of the Price and all applicable charges have been received. Goods are delivered within 10 days to Australian addresses from the day you place an order to purchase the Goods.We will not be liable for any loss or damages (directly or indirectly) sustained by you as a result of our failure to deliver by a particular delivery date.
We deliver Products within Australia and internationally. All Products will be delivered by a postal service or courier selected by you at the time your Order is submitted. If you provide specific delivery instructions (including to the postal service or courier), for example, for your Product to be to be left at your nominated address without acknowledgment of receipt, we will not be liable or responsible for any loss or damage to your Products once the delivery is made in accordance with your instructions. We are also not liable or responsible for any loss or damage to your Products that occurs as a result of the handling of Products by the postal service or courier in the process of delivering such products to you.
If the Products are to be delivered outside of Australia, you must comply with all laws and regulations of the country where the Products of your Accepted Order is shipped. If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties, customs clearance and taxes of any kind levied in your country. You acknowledge that any delays caused by custom clearance are beyond our control. Our original estimated delivery timeframes do not take into account custom clearance. We are not liable for any loss or damage you suffer due to custom clearance delays.
Unless otherwise agreed, the Products are not insured by us and you will bear any risk of loss or damage to the Products when delivered to you.
We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them. The Goods must be returned to us as soon as any defect is discovered but not later than 15 days.
So far as possible, Goods should be returned as follows:
- With both Goods and all packaging as far as possible in their original condition;
- Securely wrapped;
- At your risk and cost.
If delivery was made to Australian address, you are also protected by the Competition and Consumer Act 2010. If we agree that the Goods are faulty, we will:
- Refund the cost of return carriage to a reasonable amount;
- Repair, replace or credit the cost of the Goods to you online account.
All intellectual property rights in and to this Website and all information, contents and photographs published on this Website, whether in relation to our Products or otherwise, belongs or is otherwise licensed to us. This includes copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software.
You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person, without our express written consent;
- to promote or market the Products in any way;
- in connection with goods or services that do not belong to us;
- in a manner that may be confusing, misleading or deceptive; or
- in a manner that disparages us, our Products, Services or the Website.
We may provide advice or give recommendations to you with respect to skin care and cosmetic products if you contact us and ask for advice via a text message, email or on social accounts. Any advice provided or any other information on the Website is strictly for general information purposes and should not be construed as specific or medical advice to your particular need.
The advice and recommendations given are suggestions only based on our experience and understanding of the Products and, where applicable, on the information provided by you. Our advice and recommendations, including with respect to Products, do not come with any guarantee or warranty of success or suitability.
Always seek the advice of your physician or other qualified health professional with any question or issue you may have regarding the condition of your skin, or other medical condition. Do not disregard professional medical advice or delay in seeking it because of something you have read on this Website, or pursuant to using our advice.
YOUR ACCOUNT AND PRIVACY
You may create a customer account with us by completing and submitting to us a completed online form on the Website.
By registering a customer account with us, or otherwise submitting an Order for our Products, we may require you to provide your personal information, including details such as your name, your email address, phone number, billing and delivery address. You warrant that all information submitted to us is true, accurate and up-to-date.
We shall not under any circumstances, divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:
- To correspond with you or deal with you as you expect;
- In a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
- To send you news about the services to which you have signed up;
- To tell you about other of our services or services of sister websites.
If you register a customer account with us, we will require you to create a password for your customer account. You are must ensure that your username and password are kept secure and confidential and not to be used by any third party, or otherwise permit any third party to access your account at any time. You agree to indemnify us against any loss or claims arising from the unauthorised use of your username and password.
You will immediately notify us through our website’s “Contact Us” section of any suspected or actual unauthorised use of your account, disclosure of your username and password or any other security breaches.
Your account registrations are subject to our acceptance. We reserve the right to deny, restrict, suspend or close any customer accounts at our discretion.
OUR WEBSITE AND YOUR USE
We have made reasonable endeavours to ensure that the information and content provided on this Website are accurate and current at the date of publication, and that the photographs of the Products listed on this Website are represented accurately (including the size, colour, texture and overall appearance of the Product and the colour and shades offered by the Products). However, you acknowledge and agree that:
(a) the effect and texture of the Products may appear different in real life in comparison to the images displayed on the Website due to the effect of the Products on different skin tones and the texture of different types of skin on which the Products are applied;
(b) the size of the Products may appear different in real life in comparison to the images displayed on the Website, for example, the Product may appear smaller or bigger than their actual size;
(c) the fill level of the Product may appear higher or lower than the fill level of the Product displayed on the Website (where applicable);
(d) information to certain Products may have been inaccurately described by our suppliers which we have relied upon and undertaken reasonable inspections, which would normally be expected in the course of business to verify the information; and
(e) we provide no (whether implied, expressed or otherwise) warranties, representations, or guarantees of any kind in relation to information, content and photographs on this Website.
We have used commercially reasonable efforts to provide you with access to this Website via the internet. You acknowledge and agree that access to and use of this Website may be temporarily suspended for scheduled or urgent server maintenance work or for other reasons beyond our reasonable control.
We will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you in connection with:
(a) your reliance on any information, contents or photographs on this Website, including any errors, omissions, inaccuracies in the information, content and photographs of this Website; and
(b) your use of or inability to use the Website or any defects in the Website.
(a) copy, collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer any content, information and photographs found on this Website, except expressly authorised by us;
(b) utilise any content you view on or obtain from this Website to provide any commercial service including any service that is competitive with us;
(c) remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of this Website;
(d) remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within this Website;
(e) create a deep-link to this Website for any purpose unless expressly authorised in writing by us;
(f) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in this Website, and must not use such processes to download or access our contact information or any other user of this Website;
(g) engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of this Website, unless expressly authorised in writing by us;
(h) attempt to or actually access this Website by any means other than through the interfaces provided by this Website;
(i) remove, cover or otherwise obscure any form of advertisement included on this Website; or
(j) interfere with or disrupt the availability of this Website, including but not limited to any servers or networks connected with this Website.
We may change any provision in these Terms and Conditions without notice. Any updated Terms and Conditions will be published on the Website and will only apply to orders submitted after the updated Terms and Conditions are published.
You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
If a dispute arises under these Terms and Conditions, neither of you and us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days