TERMS & CONDITIONS
Introduction
These terms of use (together with the documents referred to in it) tell you the terms and conditions on which you may make use of our website www.lavenderlab.com.au (the "Site") and the terms on which we, Lavender Lab (“we”, “our”, “us”) sell our products to you (the "Terms").
Please read these terms of use carefully before you start to use the Site. By using our Site, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, you do not have our permission to use our Site.
The www.lavenderlab.com.au website is operated by:
Accessing our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
Site Transactions
Products offered through our online store, e-commerce platform, mobile applications and website located at www.lavenderlab.com.au (hereinafter referred to as the “Services”) are offered subject to availability. Whilst we do our best to ensure that product and pricing information is current and complete, we are not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for products are quoted in Australian dollars (“AUD”).
We may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us at our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorised, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by us to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Services to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of our obligations hereunder. In addition we reserve the right to charge you an administrative processing fee equal to 10% of the total billable amount, which charge you hereby authorise by entering into a transaction through the Services.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless (x) you notify us within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with us directly, and such efforts have failed.
Prices and Payments
You agree to pay all charges and fees applicable to your transaction, including without limitation, taxes, duties and shipping and handling, in accordance with the payment terms that were in effect at the time the charges or fees became payable. We reserve the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees at any time without notice.
Returns
All returns must be made within 14 days from receipt. All returned product must be accompanied by the original receipt and signed delivery docket clearly showing date of receipt of order at final delivery destination. You are entitled to an exchange or refund based on the same method of payment as the initial purchase only where the product is returned and received by us unopened and in a re-saleable condition. We are committed to our obligations to consumers under Consumer Law. Each request for a refund will be dealt with on its merits in accordance with these Terms and our legal obligations.
POLICIES
Customer Service Policy
We are committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our Site are currently in stock and pricing is correct. Standard delivery timeframes are between 3-10 business days. In the event that an ordered item is not available or we are unable to fulfil your order, we will endeavour to notify you within two business days to arrange a suitable alternative product or a full refund.
Privacy Policy
We are dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your orders, provide you with our news updates (if applicable) and to personalise your shopping experience with us.
We use cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from us only last while you’re browsing our Site. We do not store persistent cookies on your computer.
Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience.
Whenever you use our Site, or indeed any other website, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its "IP address," and is sent automatically each time you access any Internet site. From a computer's IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous. We do not keep a record of the IP addresses from which you access our Site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
Security Policy
When purchasing from us your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact us to discuss.
Copyright
You are permitted to print and download extracts from this Site for your own use on the following basis:
(a) no documents or related graphics on this Site are modified in any way;
(b) no graphics on this Site are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation photographs and graphical images) are owned by us. For the purposes of these Terms, any use of extracts from this Site other than in accordance with the above for any purpose is prohibited.
If you breach any of the terms and conditions in these Terms, your permission to use this Site automatically terminates and you must immediately destroy any downloaded or printed extracts from this Site.
Subject to conditions above, no part of this Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these Terms are reserved.
Disclaimer
The material on this Site is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Site.
Liability and Indemnity
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any websites linked to this Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any websites linked to this Site.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by wilful negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
You shall be responsible for, indemnify and hold harmless Lavender Lab against all claims, demands, losses, liabilities, costs, damages and expenses of every kind and nature resulting from personal injury, including fatal injury and disease, to you and any person employed, engaged or gifted by you arising out of or in connection with an order regardless of cause and whether or not the negligence or breach of duty of Lavender Lab caused or contributed to such personal injury.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, or your use of this Site, or the use by any other person using your registration details.
Jurisdiction
This Site and the validity and interpretation of any order shall be construed in accordance with and governed by the laws of the State of Victoria and you and us expressly agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria and to all courts having jurisdiction and being competent to hear appeals from those courts.
We do not warrant that products for sale on the Site are appropriate or available for use outside Australia and its Territories.
It is prohibited to access the Site from locations and/or countries where its contents are illegal or unlawful. If you access this Site from locations outside Australia or its Territories, you do so at your own risk and you are responsible for compliance with local laws.
Changes to our Site
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
Severability
In the event of any provision of these Terms being determined or held to be illegal, unenforceable or invalid, that provision shall be deemed to be severed from these Terms without affecting the legality, enforceability or validity of any other provision of these Terms unless the effect of severing any such provision would be to alter substantially the commercial efficacy and intent of the remaining provisions within these Terms.
