Terms and Conditions - Ella Searle

ELLA SEARLE – TERMS AND CONDITIONS

1 Acceptance

(a) This website (Site) is operated by Kelly Nadine Searle trading as Ella Searle (ABN 90 429 707 594) (we, our or us). It is available at: www.ellasearle.com.au and may be available through other addresses or channels.

(b) By accessing and/or using the Site you:
(1) warrant to us that you have reviewed these Terms and Conditions and our Privacy Policy (available on the Site) (Terms), with your parent or legal guardian (if you are under 18 years old);
(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
(3) agree to use the Site in accordance with the Terms.

2 Orders

(a) You may order products from us as set out on the Site. When you order products from us, you must ensure that any personal information you give to us is accurate and up-to-date, including your name, email, billing and delivery address. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(b) Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other charges and taxes) at the time you place your order.

(c) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(d) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(e) It is your responsibility to check the order details, such as pricing and selected products including to prevent possible allergic reactions, before you submit your order through the Site.

(f) When you order and pay on the Site and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

3 Certifications

(a) If indicated on the product and/or the Site, the ingredients in the product are reviewed and certified by Safe Cosmetics Australia. More information is provided on the website at www.safecosmeticsaustralia.com.au.

(b) AUSTRALIAN CERTIFIED TOXIC-FREE® (toxic-free tick logo) 01770768 AND Safe Cosmetics Australia, The Toxic-Free Campaign® 1491739, and MADE SAFE® 1780633 are registered trademarks in Australia, and are an endorsement used under license from the proprietor, Safe Cosmetics Australia owned by Organic Brands Pty Limited.

4 Price and Payments

(a) You must pay us the purchase price of each product you order plus any applicable delivery and insurance costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery and insurance costs separately from the product price.

(b) You must pay the Price using one of the methods set out on the Site, including Stripe.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If the Price is not paid in accordance with this clause, we will not deliver the products until we have received payment.

5 Promotional Discount Codes

We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.

6 Availability and cancellation

(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price, availability or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or to place your order on backorder. If you choose a refund, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.

7 Delivery, title and risk

(a) If possible, we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide but not internationally. Delivery costs are set out on the Site, if applicable.

(b) We normally dispatch products within 1 to 2 Victorian business days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(c) We may deliver the products using a range of delivery methods, including Australia Post’s Express Post. We may require for some deliveries to be signed for, as set out on the Site. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.

(d) Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(e) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

8 Returns

(a) Change of mind: We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):
(1) you have provided the proof of purchase and you received the products within 14 days prior to the request for an exchange or refund;
(2) the products are in their original condition and have not been opened, used, damaged, tampered with or altered;
(3) the products are in their original undamaged packaging with all product tags still intact;
(4) the products are not sale items, custom-made, special buy products or gift vouchers; and
(5) a return form has been completed.

(b) Adverse reactions: We offer refunds of products which have caused you to have an adverse or allergic reaction where:
(1) you have provided the proof of purchase; and
(2) a return form has been completed.

(c) In order for us to process your exchange or refund, you must return the products to us to the contact details at the end of these Terms. We will not cover the costs of delivery or re-delivery for a change of mind return and you must cover these yourself. We assume not liability for products lost during re-delivery.

(d) If you suffer an adverse reaction due to one our products, you must stop using it immediately.

9 Delivery defects

(a) In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a 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.

(b) If, within 7days after the delivery of product(s) to you, you notify us in writing of any fault, defect or damage (Defect) in a product due to its delivery, along with a photo and description of the relevant Defect, we will offer you an exchange or refund of the relevant product.

(c) If we ask you to, you must return the defective product together with the packaging, parts, documentation and proof of purchase to the contact details set out below.

10 Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b) You must not, without our prior written consent:
(1) copy or use, in whole or in part, any of our intellectual property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

11 Information

(a) The information and material available on our Site (Content) is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. We make no representation or warranty regarding the Content’s accuracy, completeness or currency to the extent permitted by law.

(b) The Content is subject to change without notice. However, we do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

(d) Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.

12 Limitations

(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, the products, or any injury or loss to any person;
(2) failure or delay in providing the products; or
(3) breach of the Terms or any law,
where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

13 Collection Notice

(a) We collect personal information about you in order to enable you to access and use the Site, to supply our products to you, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

(d) By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

14 General

(a) Disputes: A Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding their existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(e) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(f) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(g) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(h) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(i) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

For any questions and notices, please contact us at:

Kelly Nadine Searle trading as Ella Searle (ABN 90 429 707 594)

Address: PO Box 252 Lilydale Victoria 3140

Email: kelly@ellasearle.com.au

Phone: 0421 749 557

Last update: 4 March 2019