Emani Australia Website & Online Store Terms
Effective: 5 December 2020.
These Terms apply to your use of our website and to the placement and fulfilment of Orders.
By continuing to use this website, or placing an Order with us, you accept and agree to be bound by these Terms. If you do not accept these Terms, you must not continue to use this website or place any Order with us.
These Terms supersede and take precedence over any prior agreements, negotiations, conversations or undestandings in relation to their subject matter.
This section relates to placement and fulfilment of Orders.
- Orders form separate contracts
Each Order you place (subject to our acceptance) will form a separate contract between you and us. These Terms are incorporated into and form part of the terms of each Order placed.
If the contract for a specific Order is terminated, these Terms will continue to apply to all other Orders you have placed prior to that time or place in the future, and to your use of this website.
- How to place an Order
All Orders for products must be placed through our online shopping cart available on our website.
By placing an Order, you represent and warrant to us that:
- all information provided with the Order, such as name, delivery address, email address and contact details are complete, true and correct;
- you have full legal capacity, legal majority and authority to acquire property and to be bound by these Terms;
- you are the account holder, or authorised user, of any payment method tendered by you as payment for the Order; and
- you are acquiring the products specified in your Order for personal or domestic use only, and not for the purposes of resale or commercial use.
You acknowledge that it is your responsibility to ensure that all Order details, including delivery address, contact details and ordered products are complete, correct and accurate prior to placing an Order. To the maximum extent permitted by law, we do not accept responsibility for errors, non-delivery or other loss, damage or failure in respect of your Order where you have provided us with incorrect, incomplete or inaccurate information.
- When you may cancel or amend an Order
You may request cancellation or amendment of an Order by giving us notice prior to dispatch. Please note that we endeavour to dispatch Orders within 2 business days after receiving payment. Accordingly, we can only consider cancellation or amendment requests that are received by email during business hours on the same day that the Order is placed. If same-day dispatch is applied to your Order, the request for cancellation or amendment must be received within 1 hour after placement of the Order.
Once dispatch has occurred, you may not cancel or amend an Order unless we otherwise agree.
If we agree to allow you to cancel or amend an Order under this clause, you agree to indemnify us and our Related Parties against any loss we incur as a result of the cancellation or amendment, including but not limited to any payment processing charges, postal/delivery charges, or postal/delivery retrieval costs, incurred by us. We reserve the right to offset such amounts against, or deduct them from, any amounts otherwise refundable by us.
- When we may reject, cancel or amend your Order
All Orders are subject to acceptance by us in accordance with these Terms. We reserve the right to reject any Order for any reason at our discretion.
In addition to any other rights or discretions we may have, we may reject, cancel or amend your Order by giving you notice if:
- we determine that a product included in your Order (Ordered Product) has been incorrectly advertised, including where the Ordered Product is advertised for an incorrect price or with an incorrect product description or specification;
- we determine that an Ordered Product has been discontinued by our suppliers and existing stock has been depleted;
- we determine that there is, or is likely to be, a shortage of stock for an Ordered Product, and that there is likely to be a significant delay in replenishing stock of the Ordered Product;
- an Ordered Product becomes subject of a voluntary or mandatory recall;
- you Order what we determine to be unreasonable, excessive or commercial quantities of any Ordered Product;
- we are unable to fulfil all or part of your Order due to restrictions imposed on us, including by an Uncontrollable Event, or we otherwise determine that it would be unlawful for us to fulfil your Order;
- your Order is incomplete or incorrect, or we determine you have provided false, misleading or fraudulent information with your Order;
- you die, are determined to be bankrupt or insolvent, or otherwise lose your legal capacity, prior to the fulfilment of your Order;
- a payment in relation to your Order is cancelled, denied, charged-back or dishonoured;
- where payment is not made at the time of placing an Order, full payment is not received by us within 2 business days (or such longer period as we may allow) after the placement of an Order;
- an Order is returned to us as "undeliverable" or "delivery refused" (In such case, we may refund the purchase price of the Order, less applicable delivery fees incurred).
If we reject, cancel or amend your Order other than due to your breach of these Terms, where applicable, we will contact you to arrange a replacement or substitute product, or a refund or store credit for the relevant amount paid by you.
If we reject, cancel or amend your Order due to your breach of these Terms, you agree to indemnify us (and our Related Parties) against any loss we incur as a result of the rejection, cancellation or amendment, including but not limited to any payment processing charges, postage/delivery charges, or postage/delivery retrieval costs, incurred by us. We reserve the right to offset such amounts against, or deduct them from, any amounts otherwise refundable by us.
- Backordering & out-of-stock policy
If one or more Ordered Products is out-of-stock, we may:
- suspend your entire Order until stock of the Ordered Product(s) becomes available; or
- dispatch part of your Order and suspend the remaining part of your Order until stock of the Ordered Product(s) becomes available; or
- offer to amend your Order to substitute the Ordered Product(s) with an available alternative product; or
- offer to cancel the Order in respect of the Ordered Product(s) and issue a refund or store credit for the relevant purchase price.
- Price changes due to amendment or cancellation of Orders
If we offer, and you accept, an amendment or cancellation to an Order that results in an increase to the price payable for the Order, you must pay the difference in price prior to dispatch of the Order or the balance of the Order, as applicable.
If the amendment or cancellation of an Order (other than due to your breach of these Terms) results in a decrease to the price payable, we will offer to refund or issue a store credit for the difference in price.
- Orders form separate contracts
- Dispatch & delivery
Postage/delivery charges (if applicable) for your selected delivery method will be calculated and displayed at the Order checkout.
Orders will be dispatched only after receipt of full payment in cleared funds for the Order. Unless we otherwise agree in writing, we are not obliged to dispatch any Order prior to receipt of full payment.
Title to the goods in your Order does not pass to you until receipt of full payment or dispatch of the Order, whichever is the last to occur.
Any quoted delivery timeframes are estimates only and are based upon information from our delivery service providers. We are unable to guarantee delivery of any Order by any given date. During peak periods, you should ensure that you allow additional time for delivery of your Order.
If an Order is returned to us as "undeliverable" or "delivery refused", we reserve the right to charge additional delivery fees if you request re-delivery of the Order.
Prior to dispatch we take care to ensure your goods are safely packaged to reduce the risk of damage in transit. However, all goods are at your risk from the point of dispatch of the Order. To the maximum extent permitted by law, and subject to any consumer law rights you may have, we will not accept liability for lost, delayed, damaged, stolen, returned, undeliverable, misdirected or misdelivered Orders.
Your Order will be taken to be delivered once left at your delivery address. You should ensure that there is a safe place to leave goods if the delivery address is unattended.
We recommend that you consider selecting delivery insurance and/or delivery tracking options (where available) to cover your Order against loss or damage whilst in transit.
To the maximum extent permitted by law:
- store credits are valid for a period of 3 years from the date the store credit is issued, unless otherwise expressly stated;
- store credits are not transferrable to any other person unless we otherwise agree;
- store credits may be applied to the purchase of goods from our store, and (except where required by law) cannot be refunded or redeemed for cash; and
- the remaining value of any unused store credit will be forfeited upon expiry.
Gift Cards purchased from our store are valid for a period of 3 years from the date of issue, or such longer period as may be required by law, unless otherwise expressly stated.
The above expiry period does not apply to Gift Cards that are able to be reloaded or topped up, limited time only promotional Gift Cards, or Gift Cards for purchasing goods at a discount. The applicable expiry date will be stated on the Gift Card.
To the maximum extent permitted by law:
- Gift Cards cannot be refunded or redeemed for cash; and
- the remaining value of any unused Gift Card will be forfeited upon expiry.
Gift Cards are highly negotiable and should be treated like cash. You should keep them secure in a safe place at all times. We are unable to replace lost, damaged or stolen Gift Cards.
- Your consumer law rights
This clause applies to you if you are deemed to be a "consumer" within the meaning of the ACL (or equivalent laws in your jurisdiction). This clause will continue to apply in respect of each Order, notwithstanding the termination or expiry of these Terms in respect of that Order.
Our goods come with guarantees that cannot be excluded under the ACL (or equivalent laws in your jurisdiction).
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.
To the extent that our goods are supplied with any express warranties or guarantees, those warranties or guarantees will apply in addition to your consumer law rights.
- Warranty claims & returns policy
If you believe you are entitled to make a claim under your consumer law rights, or under an express warranty or guarantee, we ask that you contact us prior to returning any goods.
Prior to providing you with a refund or replacement, we may ask you to provide sufficient details or evidence of your claim, such as providing us with proof of purchase, Order details, or photographs of the relevant product(s).
Subject to your consumer law rights, if you return the relevant products to us for assessment of your claim, you will be responsible for the cost of return postage. If we determine you have a valid claim, you may be entitled to claim the cost of return postage subject to providing us with suitable proof of payment for those costs.
Please note that we are not required to offer a refund or replacement because you:
- got what you Ordered, but simply changed your mind, found the goods cheaper somewhere else, decided you did not like the goods, or had no use for the goods;
- misused the goods in any way that caused the problem; or
- knew of, or were made aware of, any faults before you bought the goods.
To the extent permitted by law, we are not able to offer refunds or exchange on products purchased via third-party suppliers or distributors, such as other online stores or marketplaces.
This clause will continue to apply in respect of each Order, notwithstanding the termination or expiry of these Terms in respect of that Order.
- Limitation of liability
Subject to any consumer law rights you may have, where you acquire goods or services other than those of a kind ordinarily acquired for personal, household or domestic use or consumption, our liability for the failure to meet a statutory guarantee or any other warranty or guarantee that is implied into these Terms is limited to:
- in relation to goods:
- the replacement of the relevant goods or the supply of equivalent goods;
- the repair of the relevant goods;
- the payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
- in relation to services:
- the supplying of the relevant services again; or
- the payment of the cost of having the relevant services supplied again.
- in relation to goods:
Except where consumer law rights apply, to the maximum extent permitted by law, we exclude all liability for any claim arising from your use of this website, including but not limited to claims, whether arising under contract, tort (including negligence), strict liability, or otherwise, for direct, indirect, consequential, special or punitive loss or damages of any kind, legal costs, loss of income, loss of profit, or loss of data whatsoever.
To the maximum extent permitted by law, we will not be liable for any loss or damage arising due to the ocurrence of an Uncontrollable Event, including as a result of delay, frustration or prevention of performance of our obligations under these Terms due to such Uncontrollable Events.
This clause will continue to apply in respect of each Order, notwithstanding the termination or expiry of these Terms in respect of that Order.
- Website content
This website and its contents are made available on an "as is" basis.
To the maximum extent permitted by law, we do not warrant or guarantee that:
- this website and its features or content will be accessible at all times, or otherwise free from errors, inaccuracy, omissions or bugs; and
- any products advertised on this website will be available for purchase at any given time.
The content of this website, including any product descriptions or specifications, are intended for general information only and are not intended to constitute professional advice or recommendations of any kind. You should consider whether you need to obtain professional advice prior to placing any Order or relying upon any content or information published on our website.
- Pricing, taxes and duties
Prices advertised are subject to change at any time without prior notice.
In particular, we reserve the right to correct any price that we determine has been incorrectly advertised without prior notice.
Except as otherwise stated, all prices advertised on this website include Australian GST (Goods and Services Tax) where applicable. The total GST applied will be displayed at the time of checkout, or on a tax invoice provided with your Order.
If you are located outside of Australia, or your Order is for delivery to an address outside of Australia, you acknowledge that your Order may be subject to local taxes, tarrifs and customs or import duties in that jurisdiction. You acknowledge that you will be solely responsible for payment of such costs, and that these costs may apply to you in addition to the prices advertised on this website.
- Product availability
All products advertised on our website are advertised on a "while stocks last" basis. Unfortunately, from time to time, a product may be out-of-stock due to temporary supplier shortages or increased demand.
To ensure that we can meet demand for products, we reserve the right to limit Orders for affected products to a reasonable quantity per customer at our discretion.
Stock levels displayed are approximate only.
- Promotions, limited time only & clearance items
Some products may be advertised on a promotional, "limited time only" or "clearance" basis and may be withdrawn from sale at the end of the relevant promotional period, or upon depletion of available stock.
Unless otherwise stated, we do not offer rainchecks or store credits if a promotional, limited time only or clearance item is unavailable at the time you place your Order.
Additional terms or conditions may apply to the purchase of some promotional products. Such additional terms will be communicated to you as part of the checkout process, or published with the relevant product.
- Product appearance & specification
All product images or videos published on our website, or on other channels including social media, are for illustration, indication or as a suggestion only. Product descriptions and specifications are based on supplier information or product research and are published as a good faith description of the relevant product, but may be incomplete.
Due to variation in composition, materials and ongoing product development, some products may vary in appearance or specification from the images or descriptions shown.
You acknowledge that display calibration, colour representations and image resolution may vary between devices and displays. The actual product colours may vary slightly from the colour or image represented on your device or display.
- Amendments & corrections
We reserve the right to amend, modify or withdraw any part of this website, and any product or content published on this website, for any reason without notice, including for scheduled or unscheduled maintenance, to correct any error, omission or inaccuracy, or due to product or supplier shortages or unavailability.
- Skin & beauty care product use & storage
As with all skin and beauty care products, we recommend that you store and use our products only in accordance with the manufacturer instructions and recommendations.
Do not use any product after its best before or use by date, or if product seal or product container is broken or shows signs of tampering or damage before the first use.
We recommend that you immediately discontinue use and seek medical advice should you experience any irritation, pain or other adverse effects after use of any product.
Some products may not be suitable for use by children, or by customers with allegies, skin conditions or other medical conditions.
We recommend that you seek qualified medical advice prior to using our products if you have any known allergies, skin conditions or other medical conditions.
Please dispose of packaging and unused product thoughtfully.
The content of this website is protected by IP Rights, including rights recognised under Australian and international copyright laws, conventions and regulations.
We are the owner, licensee or authorised user, of all IP Rights used in connection with this website. To the extent that this website comprises any content that is subject of third-party IP Rights, such content has been used under the licence or authorisation of that third-party, or is otherwise used in good faith and is considered to be a fair dealing or fair use of such third-party IP Rights.
Nothing in these Terms will be deemed to constitute an assignment or transfer of title in any IP Rights owned by, or licensed to, us in your favour.
- Prohibited use
Except as permitted by law, or as incidental to your ordinary, reasonable, personal and temporary use of this website, you may not without our prior written consent reproduce, aggregate, download, store, broadcast or comunicate to the public, in any manner, any part of this website, its content or any IP Rights subsisting therein, including but not limited to documents, images, logos, trade marks, videos, sound recordings, multimedia, photographs, product descriptions, product specifications, brochures, guides, marketing copy, articles or blog posts.
- access, use, reproduce, aggregate, download, store, broadcast or communicate to the public, in any manner, any part of this website, its content or any IP Rights subsisting therein for:
- the creation or operation of a similar store, or operating as a wholesaler, aggregator, reseller, commercial supplier or distributor of the products advertised on this website;
- the aggregation or compilation of product databases, lists or directories;
- the transmission of unsolicited electronic messages or malicious software; or
- any unlawful purpose;
- reverse engineer or gain unauthorised or unlawful access to this website;
- attempt to do any of the foregoing; or
- authorise, incite or assist any other person to do or attempt any of the foregoing.
- User Content
This clause applies where we allow or invite you to submit any comment, product review, testimonial, suggestions or feedback (User Content) including content for internal use, market research, product development, or potential publication on this website.
In submitting any User Content to us, you agree that you will:
- only submit User Content that is your reasonable and genuinely held opinion given in good faith, and that you otherwise reasonably believe to be truthful and accurate;
- not submit any User Content that is offensive, derogatory, defamatory, harrassing, unlawful, fraudulent, false or misleading;
- not submit any User Content that infringes the IP Rights of a third party;
- not submit any User Content under a false name or alias; and
- indemnify us, and our Related Parties, against any liability or claim made in relation to your User Content.
You grant us an irrevocable, perpetual, world-wide, royalty-free licence to use, reproduce, publish and modify any User Content you submit (including any IP Rights subsisting therein) for the purpose of operating this website, promoting the products sold on this website, and for improving our website and related services.
If User Content is published as a testimonial, we reserve the right to edit such User Content for the purpose of readability, length, accuracy or formatting, or otherwise as permitted by law.
Any User Content is published at our discretion, and we are not obliged to publish any User Content whatsoever. We may remove or alter any previously published User Content at our discretion without notice. We may also impose other requirements, criteria or limitations on the publication of User Content (such as moderation) at our discretion.
- Third-party associations & content
Third-party trade marks referenced on this website are the property of their registered owners.
Except as otherwise expressly stated, the use of, or reference to, a third-party trade mark or product does not represent or imply any affiliation or association with, or sponsorship, endorsement or approval by, that third-party or vice versa.
Where a link is provided to a third-party website (eg a product supplier or manufacturer's website):
- such link is provided for convenient reference only;
- unless otherwise stated, such link does not imply any association or affiliation with, or endorsement, approval or sponsorship by, that third party or vice versa; and
- to the maximum extent permitted by law, we do not accept responsibility for, nor do we make any representation or warranty regarding, any infomation or content that may be published on the third party's website.
- IP Right claims
If you claim that any content on this website infringes, or is likely to infringe, any third-party IP Rights, we request that you contact us. We may require you to provide substantiation of your claim, including as a minimum:
- identification of the third-party IP Rights alleged to be infringed;
- identification of the allegedly infringing content on this website;
- identification of the alleged owner of the third-party IP Rights; and
- a warranty that you are, or are authorised to represent, the owner of the third-party IP Rights.
Except as permitted by law, you may not without our prior written consent:
Unless the context otherwise requires, the following words and phrases used in these Terms will have the meanings set out below:
- the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- Gift Card
- has the meaning defined under s99A of the Competition and Consumer Act 2010 (Cth).
- IP Rights
- all rights of intellectual property, including copyright, trade marks (whether or not registered), patents and registered designs.
- an order placed on our website.
- Related Parties
- our employees, servants, officers, contractors, affiliates, service providers, licensors, related bodies corporate, and agents
- Uncontrollable Event
- any event or occurrence that is beyond our reasonable control, including but not limited to: acts of God, accidents, natural disasters, pandemics, outbreaks of disease, fires, floods, earthquakes, tsunami, storms, and other extreme meteorological and weather events and phenomena; wars, radiation, nuclear incidents, invasion, acts of terrorism, riots, disruptions to government or law and order, and civil unrest; industrial action, work stoppages and strikes; imposition of laws, rulings, policy and regulations; imposition of quarantine, embargoes, trade sanctions and customs clearance regimes or restrictions; shortages of labour or materials; disruptions to mail, shipping, freight, transportation or cargo services; disruption or failure of telecommunications or information technology infrastructure, systems and software; or disruption or loss of access to, or corruption or loss of, data due to unauthorised intrusion, interception, hacking, denial-of-service attacks, computer viruses, malware or other malicious computer code.
- we / us / our
- Best of Natural Beauty Pty Ltd (ACN 639 229 100), trading as Emani Australia (ABN 98 639 229 100)
- Rules for interpretation
Unless the context otherwise requires, these Terms are to be interpreted in accordance with the following rules:
Unless otherwise stated, a reference in these Terms to:
- the singular includes the plural and vice versa;
- any gender includes each other gender;
- any law or legislation includes its subordinate legislation, regulations, re-enactments and amendments;
- times or dates are to Australian Eastern Standard Time (AEST) / UTC+1000;
- monetary amounts are to Australian Dollars (AUD);
- a business day is a day that is not a Saturday, Sunday or public holiday in the relevant place.
Anything done on a day that is not a business day in the relevant place will be taken to be done on the next business day. Anything done after 5:00pm on a business day will be taken to be done at 9:00am on the next business day. If anything that is required to be done falls due on a day that is not a business day, that thing may be done on the next business day.
If any part of these Terms is deemed to be void, unlawful or unenforceable, that part may be severed from these Terms without affecting the remaining parts.
The failure, or waiver, of a party to enforce any right under these Terms does not operate as a waiver of any subsequent right.
Notices and other communications under these Terms may be given by electronic communication to the address nominated by the recipient.
Where you have placed an Order, your nominated address will be the email address provided to us in connection with the Order. It is your responsibility to ensure that your nominated email address is accessible and able to receive messages at all times.
- Governing Law
These Terms are goverened by the laws of the State of Queensland, Australia.
You irrevocably agree to submit to the non-exclusive jurisdiction of the courts, tribunals and legal processes in the State of Queensland, Australia, in relation to any dispute, claim or legal process arising under these Terms and in respect of the interpretation or construction of these Terms.
We may vary these Terms at any time by publishing an amended version of these Terms on our website.
The amended Terms will take effect from the later of the date specified in the amendment or their date of publication.
You may not amend or vary these Terms in any way, unless we otherwise expressly agree in writing to such amendment or variation.
You may not assign, transfer or novate these Terms or your rights hereunder, or subcontract your obligations under these Terms, to any person without our prior written consent.