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These Terms and Conditions (“Terms”) were last updated on 7 February 2018.
The website of bondcleanbeauty.com (“the Site”) is owned and operated by Bond Clean Beauty Pty Ltd (ACN 623 351 922) (“Bond Clean Beauty”).
A. These Terms together with the documents referred to within the Terms govern the supply of any products ordered by you on the Site and your use of the Site.
B. By ordering a product or browsing, accessing or using the Site, you agree to be bound by these Terms.
C. We reserve the right to change the Terms at any time. Changes take effect upon posting to the Site.
In this agreement, unless context indicates a contrary intention:
(a) (headings) clause headings and the table of contents are inserted for convenience only and do not affect interpretation of these Terms.
(b) (party) a reference to a party includes that party’s personal representatives, executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns.
(c) (including) including and includes (and any other similar expressions) are not words of limitation, and a list of examples is not limited to those items or to items of a similar kind.
(d) (corresponding meanings) a word that is derived from a defined word has a corresponding meaning.
(e) (singular) the singular includes the plural and vice-versa.
(f) (gender) words importing one gender include all other genders.
(g) (rules of construction) neither these Terms nor any part of them are to be construed against a party on the basis that the party or its lawyers were responsible for its drafting.
(h) (legislation) a reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it.
(i) (time and date) a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in New South Wales, Australia, even if the obligation is to be performed elsewhere.
(j) (we / us) means the party Bond Clean Beauty.
2. Access and Use of the Site
The use of this Site is provided on as “as is basis” and at your sole risk.
2.2 Accuracy of Information
We attempt to be as accurate as possible when describing our products and services on the Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the Site are accurate, complete, reliable, current, available or error-free.
2.3 External Links by us
Any hypertext links to other websites are provided for your convenience only. Linking to another website is at your sole risk. We are not responsible for the content, accuracy or any loss incurred by you from your use or access of those websites.
Any hypertext link does not constitute or imply endorsement or recommendation by us.
2.4 External Links by you
You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.
2.5 No Commercial Use
You may not: alter the content provided on the Site in any way; use the Site to reproduce copyrighted material; commercially exploit, create derivative works from, or sell any of the Site content.
Whilst every effort is made to protect your online order information, transmission of data over the internet is not guaranteed and your transmission is undertaken at your own risk.
2.7 Copyright & Trade Marks
The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights.
To place orders, and to access some features of the Site, you must register an Account with us. To register an Account, you must:
(a) give us accurate personal details, including your name, address, and a valid email address, and
(b) you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us.
Furthermore, when ordering items, you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
3.4 Use of other Accounts
You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
4.1 Follow Instructions
When making an Order, you must follow the instructions on the Site as to how to make your Order, and for making changes to your Order before you submit it.
Once you select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including the delivery charge.
Unless otherwise stated all prices and charges are in Australian Dollars.
4.3 International Orders
International Orders may incur taxes, customs charges and duties charged by foreign governments once the parcel reaches its destination port, and must be paid by the recipient directly. We are not responsible for and will not reimburse any of these taxes, charges or duties.
You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for the purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our Customer Service immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order.
4.7 Acceptance and Contract
A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited unavailability of stock.
Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
If you wish to cancel your order, please contact our Customer Service Team. No cancellation fees will apply. Once an order has been processed it cannot be cancelled and the item must instead be returned to us in accordance with the Returns Policy.
We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your Order, but we cannot guarantee any firm delivery dates. To the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.2 Authority to Leave
You may grant us an ‘authority to leave’ when placing your Order. If you do, you understand and agree that this authority to leave gives us and/or our couriers permission to leave the Order in question unattended by the front door, or, where applicable, at the reception or concierge’s desk, or as per your instructions, without obtaining a signature confirming delivery at the delivery location.
In these circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the Orders delivered and left unattended.
5.3 Accepting Delivery
You must ensure that you are able to accept delivery of the product without undue delay and at any time reasonably specified by us. If you are not, the couriers may leave a card giving you instructions on either re-delivery or collection from the carrier.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
(b) no longer make the product available for delivery or collection and notify you that we are cancelling the applicable Contract, in which case we will refund to your original payment method any money paid to us, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
All products purchased from us are transported and delivered by an independent carrier. All risk in the product shall pass to you upon delivery to the independent carrier. From the time when risk passes to you, we will not be liable for any loss or destruction of the product.
6.1 Faulty Product or Failure to Match Description
(a) If you have received a Product with a defect or does not match the description on the Site, please contact us as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment, or the product itself.
(b) If the Product is confirmed to have a defect or does not match the description on the Site, we will replace the Product or refund the Price of the Product to your original payment method at your request.
(c) If the Product is found not to have a defect or matches the description on the site, we will ship the Product back to you and you will be liable for the shipping costs both to and from us.
(d) It does not constitute a defect, if, in our reasonable opinion, the Product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
(e) By placing an order or you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
6.2 Change of Mind Returns
(a) For any Online purchase that is not Sale Merchandise, we offer an exchange or credit note provided the Product is returned to us:
(i) within 10 days of purchase,
(ii) in its original condition, and in the original packaging,
(iii) unworn, unused, unopened, and
(iv) with proof of purchase from us.
(b) Some Products may be excluded from the change of mind return policy. The exclusion will be noted on the Product page on the Site.
(c) We will not refund or provide a credit note for any delivery fees that you have paid at purchase to have the Product shipped to you.
(d) If the return, in our reasonable opinion, is not in compliance with this clause, we will contact you to ship the Product back to you and you will be liable for the shipping costs both to and from us.
6.3 Australian Consumer Law
Nothing in this clause is intended to exclude any rights in clause 6 or any of your statutory rights as a consumer under Australian Consumer Law.
7. Limitation for Liability / Warranties
7.1 Limitation of Liability
(a) You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.
(b) Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue, loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
(c) Our total Liability under any Contract shall in no circumstances exceed,(i) in the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(a) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
(a) You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.
10. Dispute resolution
A party must not commence court proceedings or arbitration relating to any dispute arising from this agreement without first complying with this clause, except:
(a) where a party seeks urgent interlocutory relief; or
(b) where the dispute relates to compliance with this clause.
10.2 Notice of dispute
(a) A party claiming that a dispute has arisen under this agreement must give written notice of the details of the dispute to the other party or parties in dispute.
(b) Each party that has given or received notice of the dispute under this clause must promptly:
(i) designate as its representative in negotiations relating to the dispute a person with authority to settle the dispute; and
(ii) use its best endeavours to resolve the dispute.
If within 20 Business Days of receipt of notice the parties to the dispute do not either, resolve the dispute, or agree as to:
(a) a dispute resolution technique (for example, expert determination) and procedures to be adopted;
(b) the timetable for all steps in those procedures; and
(c) the selection and compensation of the independent person required for such technique,
the parties must mediate the dispute, either:
(i) by mediation administered by the Australian Commercial Disputes Centre (“ACDC”). The mediation must be conducted in accordance with ACDC Mediation Guidelines, which set out the procedures to be adopted, the process of selection of the mediator and the costs involved; or
(ii) in accordance with the mediation rules of the Law Society of New South Wales and the parties must request the President of the Law Society of New South Wales or the President’s nominee to select the mediator and determine the mediator’s remuneration.
11.1 We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
Any notice given under or in connection with this agreement (Notice):
(a) must be in writing and signed by a person duly authorised by the sender;
(b) must be addressed and delivered to the intended recipient by hand, by prepaid post, by fax or by email at the address, fax number or email address last notified by the intended recipient to the sender; and
(c) is taken to be given and made:
(i)in the case of hand delivery, when delivered;
(ii) in the case of delivery by post, three Business Days after the date of posting (if posted to an address in the same country) or seven Business Days after the date of posting (if posted to an address in another country);
(iii) in the case of a fax, on the day and at the time it is sent, provided that the sender’s facsimile machine issues a report confirming the transmission of the number of pages in the Notice; and
(iv) in the case of an email, on the day and at the time that the recipient confirms the email is received.
This clause does not limit the way in which a notice can be deemed to be served under any Law.
12.2 Governing law and jurisdiction
The laws applicable in New South Wales govern these Terms.
The parties submit to the jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
(a) A word or provision must be read down if:
(i) these Terms are void, voidable, or unenforceable if it is not read down;
(ii) these Terms will not be void, voidable or unenforceable if it is read down; and
(iii) the provision is capable of being read down.
(b) A word or provision must be severed if:
(i) despite the operation of clause 12.3(a), the provision is void, voidable or unenforceable if it is not severed; and
(ii) these Terms will be void, voidable or unenforceable if it is not severed.
(c) The remainder of these Terms have full effect even if clause 12.3(b)(a) or 12.3(b) applies.
12.4 Entire agreement
These Terms constitute the entire Terms between the parties and supersedes any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter, whether orally or in writing.
You may not assign, transfer or in any other manner deal with your rights under these Terms.
12.6 Force majeure
We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
12.7 No Waiver
No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.