Terms & conditions
Welcome to Lemon Myrtle Products. Thank you for your interest in our Australian native botanicals.
In these terms, we also refer to Lemon Myrtle Products as 'our', 'we', or 'us', and you are 'you'!
What are these terms about?
These terms apply when you use this Website, being lemonmyrtle.com.au and any other websites we operate with the same domain name and a different extension ('Website').
These terms also apply when you purchase goods or services, including Australian native botanicals, through the Website (Goods).
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
• PART A: Terms for when you buy Goods (applies when you buy and incorporates Part C)
• PART B: Terms for when you browse and interact with this Website (applies when you browse)
• PART C: Liability and warranties, and interpretation provisions (applies to buying and browsing)
Please let us know if you have any questions about these terms, and do not continue using this Website or purchase any of our Goods unless you have read and agree to these terms.
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
FOR WHEN YOU BUY OUR GOODS
1. OFFER TO PURCHASE
By submitting an order for purchase of a Good using the Website's functionality (Purchase Order) you represent and confirm that you:
(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(b) are authorised to use the debit or credit card included in your order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
(a) All prices are:
(i) as displayed and accepted by you at the time of checkout;
(ii) in Australian Dollars; and
(iii) subject to change without notice prior to you completing a Purchase Order.
(b) (Payment obligations) Unless otherwise agreed in writing:
(i) if Lemon Myrtle Products issues an invoice to you, payment must be made by the time specified in such invoice;
(ii) in all other circumstances, you must pay for all Goods at the time of placing a Purchase Order; and
(iii) you must not set off any money alleged to be owing by Lemon Myrtle Products against money due by you to Lemon Myrtle Products.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Lemon Myrtle Products, you must pay the GST subject to Lemon Myrtle Products providing a tax invoice.
(d) (Card surcharges) Lemon Myrtle Products reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(e) (Online payment partner) We may use third-party payment providers, currently Stripe (Payment Provider) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
4. DELIVERY AND SHIPPING
(a) (Delivery) For Goods to be delivered, Lemon Myrtle Products may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Lemon Myrtle Products.
(b) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(c) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
5. CUSTOMS AND DUTIES
Lemon Myrtle Products reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
(a) Our Goods are naturally sourced and each individual product may have slight variations in its appearance compared to the product as displayed on our Website. Such natural variations will not be considered faulty for the purposes of clause 7 below.
(b) Lemon Myrtle Products provides information on our Goods that is general in nature and is based on our knowledge and experience. Goods sold on our Website are designed to be used as described on our Website and any packaging or instruction manuals you receive with the Goods only.
(c) Any information on our Website is not a substitute for medical advice. Our Goods are not a medical good and are no substitute for seeking medical advice. Before making any changes to your skincare routine, your health or otherwise, seek medical advice to evaluate any risks. Individual results from our Goods may vary and cannot be guaranteed.
(d) Lemon Myrtle Products does not provide medical advice, and none of its staff are medically trained. Any recommendations or advice on the Website are general information only, or are personal opinions from our customers, and are in no way to be taken as medical advice and are not exhaustive of all possible solutions or remedies. We cannot guarantee any results from using any of our Goods or from you relying on any information on our Website.
7. RETURNS & EXCHANGES
(a) Returns of Goods will only be accepted if the Goods are faulty and you comply with the provisions of this clause 7, or we agree in writing to accept return of the Goods.
(b) (Proof of Purchase) As a condition precedent to us considering any refund, replacement, repair or exchange, you must be able to provide valid proof of purchase of the relevant Goods.
(c) (Change of mind return) We do not accept change of mind returns.
(d) (Faulty Goods) The following process applies to any Goods you believe to be faulty.
(i) If you believe your Goods are faulty, please contact us using the details provided on our Website with a full description of the fault (including images if possible) within a reasonable time after you receive the Goods. Lemon Myrtle Products will not refund or exchange Goods after more than a reasonable time after purchase.
(ii) If we determine that your Goods may be faulty, we will request that you send the Goods back to us for further inspection. We reserve the right to further inspection before deeming Goods faulty.
(iii) If we determine in our reasonable opinion that the Goods are not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Goods back to you at your cost.
(iv) Upon inspection, if we determine that the Goods are faulty, you will be credited the full amount paid (including shipping costs), and within 30 days of being credited, you must request a refund or exchange. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 7 in respect of faulty Goods, we may, in our absolute discretion, issue only a partial refund or no refund in respect of such faulty Goods.
(vi) Nothing in this clause 7 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
FOR WHEN YOU BROWSE THIS WEBSITE
8. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
9. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Lemon Myrtle Products;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Lemon Myrtle Products, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
(iv) instigating or participating in a denial-of-service attack against the Website.
10. INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
11. INTELLECTUAL PROPERTY
(a) Lemon Myrtle Products retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Lemon Myrtle Products or as permitted by law.
(c) In this clause, "intellectual property rights" means all copyright, trade mark registered and unregistered, design rights, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights including moral rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
12. THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
(b) You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
13. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
14. THIRD PARTY HOSTING
(a) This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
(b) To the maximum extent permitted under applicable law and our agreement with our third party hosting provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in submitting a Purchase Order.
Lemon Myrtle Products does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
16. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
LIABILITY AND OTHER LEGAL TERMS
(a) (Limitation of liability) To the maximum extent permitted by applicable law, Lemon Myrtle Products limits completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by Lemon Myrtle Products to $100 (AUD).
(b) (In transit) Claims for loss of or damage to Goods in transit must be made against the carrier.
(c) (Warranties) Goods sold by Lemon Myrtle Products will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(d) (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(e) (Indemnity) You agree to indemnify Lemon Myrtle Products and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives':
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any Goods or services provided by Lemon Myrtle Products.
(f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Lemon Myrtle Products be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by Lemon Myrtle Products (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.
19.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
19.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.