Terms & Conditions
Welcome to Australian Native Products. Thank you for your interest in our Australian native botanicals.
In these terms, we also refer to Australian Native Products as âourâ, âwe, or âusâ.
And you are you!
What are these terms about?
These terms apply when you use this website, being < https://www.australiannativeproducts.com.au/> and any other websites we operate with the same domain name and a different extension (âWebsiteâ).
These terms also apply when you purchase goods through this Website (âGoodsâ).
If youâre looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here < https://www.australiannativeproducts.com.au/pages/privacy-policy>.Â
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)
- 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 both buying and browsing)
Please let us know if you have any questions about these terms, and donât continue using this Website or purchase any 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.
Part A For When You Buy GoodsâŠ
1. SUBMITTING AN ORDER
- By submitting an order for purchase of a Good using the Websiteâs functionality (Order) you represent and warrant that:
- you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
- you are authorised to use the debit or credit card you provide with your Order.
- Submitting an 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.
- To submit an Order and purchase Goods, you will be required to sign-up, register and receive an account through the Website (an Account).
- As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, ABN and other information as determined by us from time to time.
- You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
- Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
- We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
- Once we provide you with an Account we will subscribe you to our marketing emails using the email address you provide us with as part of the registration process. You can unsubscribe to such emails anytime by contacting us using the contact details or form provided on our Website.
Until the price of your Goods is paid in full, title in those Goods is retained by Australian Native Products. Risk in the Goods will pass to you on delivery in accordance with clause 5. If you fail to take delivery after being notified the Goods have been duly delivered to you, the Goods will be deemed delivered and we reserve the right to charge you for any costs we incur including the cost of storing the Goods on your behalf until you collect the Goods and/or the cost of return shipping to us if required.
4. PAYMENT- All prices are:
- per unit (except where indicated);
- in Australian Dollars; and
- subject to change prior to you completing an Order without notice.
- (Payment obligations) Unless otherwise agreed in writing, you must pay for all Goods at the time of placing an Order.
- (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Australian Native Products, you must pay the GST subject to Australian Native Products providing a tax invoice.
- (Card surcharges) Australian Native 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 or American Express).
- (Online payment partner) We may use third-party payment providers (Payment Providers) 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.
- (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.
- (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
- (Delivery Details) Australian Native 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 Australian Native Products; and
- we will deliver the Goods to you in accordance with the shipping information displayed on our Website.
- (Delivery Issues) Third party courier terms apply to the delivery of the Goods to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. 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.
- (International Orders) Australian Native 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.
- 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 8
- Australian Native Products provides information on our Goods that is general in nature and is based on our knowledge and experience. Goods sold on our Website must be used as described on our Website and in accordance with any packaging or instructions displayed on our Website or provided with the Goods.
- 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.
- Australian Native 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.
- You acknowledge and agree that Australian Native Products accepts no responsibility for an injury to yourself or any damage to your personal property, or the same to a third party that is suffered in connection with the use of the Goods.
- CANCELLATION BY US
- 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.
- CANCELLATION BY YOU
- You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8 may apply.
- We do not offer change of mind returns.
- Return of Goods will only be accepted if the Goods are faulty and you comply with the provisions of this clause 8, or we agree in writing to accept the return of the Goods.
- 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.
- (Faulty Goods) The following process applies to any Good you believe to be faulty.
- If you believe your Good is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
- If we determine that your Good may be faulty, we will request that you send the Good back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Good. We reserve the right to further inspection before deeming a Good faulty.
- If we determine in our reasonable opinion that the Good is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturerâs instructions, or failure to take reasonable care, we will refuse your return and send the Good back to you.
- If we determine that the Good is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange, or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
- If you fail to comply with the provisions of this clause 8 in respect of a faulty Good, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Good.
- Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturersâ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
- Australian Native Products retains all intellectual property rights in the design of the Goods, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Goods.
- In this clause, âintellectual property rightsâ means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary 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.
- The Website may allow you to leave ratings or reviews regarding the relevant Goods or your experience with us (each a âReviewâ)
- You must provide true, fair and accurate information in your Reviews.
- If we consider a review is untrue, unfair, inaccurate offensive or inappropriate, we may delete the Review or ban you from using the Website, or submitting future Reviews. We do not undertake to review each Review made by a customer.
- To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
- You must only write about your own experience with the Goods you purchased. You are not permitted to write a Review about somebody elseâs experience, such as that of a family member or friend.
- We may do any of the following:
- outsource any part of performing any services related to providing the Goods, including delivery of your Goods; or
- procure materials and Goods from third party suppliers, without further notice to or permission from you.
- To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
- This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: <https://www.shopify.com/legal/terms>.
- To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions for that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Part B For When You Browse This WebsiteâŠ
13. 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 these terms and any applicable laws.
- You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Australian Native Products;
- use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- 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;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of Australian Native Products, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
- instigate or participate in a denial-of-service attack against 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:
- the Website will be free from errors or defects (or both, as the case may be);
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; and
- 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 Good descriptions, prices and other Website Content.
- Australian Native 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.
- 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 Australian Native Products or as permitted by law.
- In this clause, âintellectual property rightsâ means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary 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.
- The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.
- The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Australian Native Products will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
- The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
- This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: <https://www.shopify.com/legal/terms>.
- To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions for that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
- Australian Native 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.
- 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.
- To the maximum extent permitted by applicable law, Australian Native Products limits 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 Australian Native Products, is limited to $100AUD.
- Claims for loss of or damage to Goods in transit must be made against the carrier.
- Goods sold by Australian Native Products, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
- All other express or implied representations and warranties in relation to Goods and the associated services performed by Australian Native Products are, to the maximum extent permitted by applicable law, excluded.
- 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.
- (Indemnity) You indemnify Australian Native Products and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representativesâ:
- breach of any of these terms;
- use of the Website; or
- use of any goods or services provided by Australian Native Products.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Australian Native 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 Australian Native Products (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
- 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 these terms. 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.
- WAIVER
- No party to these terms 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.
- SEVERANCE
- Any term of these terms 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 these terms is not limited or otherwise affected.
- 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.
- ASSIGNMENT
- A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
- COSTS
- Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
- 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 these terms.
- INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (currency) a reference to $, or âdollarâ, is to Australian currency;
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (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;
- (person) a reference to âpersonâ or âyouâ 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;
- (party) a reference to a party includes that partyâs 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;
- (these terms) 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 these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word âincludesâ and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
- A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- 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.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other partyâs Email Address, notice will be taken to be given:
- 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
- when replied to by the other party, whichever is earlier.