Terms & Conditions

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Terms and Conditions

Earthporium Wellness ONLINE TERMS & CONDITIONS

Last Updated: August 2020

Welcome to our website – Earthporium Wellness.com.au

TERMS AND USE

This document contains the Terms & Conditions that govern your use of this website and describes your rights and responsibilities. Please take a few minutes to review these as your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms & Conditions, do not use this website.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the website or the products/services.

If you contribute to our forum (if any) or make any public comments on this website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the website or the services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

This site is owned and operated by Earthporium Wellness ABN 62 621 434 928.

(Herein after referred to as ‘we’, ‘us’, ‘our’ or ‘it’). We reserve the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these Terms & Conditions from time to time for such changes.

Placing an order with Earthporium Wellness means that you have read and accepted our Terms and Conditions outlined below.

Definitions

 Products/Services refers to the products and services we offer on this website.

The Website means the website; https://www.earthporiumwellness.com

We / Us means Earthporium Wellness and any subsidiaries, affiliates, employees, officers, agents or assigns

1 General

1.1 The Earthporium Wellness Shopping site at www.Earthporiumwellness.com is a shopping website where you can browse, select and order products advertised on the Site.

1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

1.3 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.

2 Compliance with the Terms & Conditions

2.1 You agree to be bound by, and comply with, these terms and conditions:

(a) by visiting the Site or

(b) by completing your registration through the Site; and

(c) using the Site to obtain Products from us.

3 Registration

3.1 You must complete the customer registration process through the Site to Order Products through the Site. Any personal information that you give us will be held and used by us in accordance with our privacy policy referred to in our Privacy Policy at http://earthporiumwellness.com/privacypolicy.

3.2 You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. You may have more than one account per delivery address.

3.3 If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

4 Placing an Order for Products

4.1 You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.

4.2 Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.

4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any Orders placed through the Site.

4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.

5 Acceptance or rejection of an Order

5.1 We reserve the right to accept or reject your Order for any reason, including if the Product requested is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.

5.2 Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will supply the Products in that Order to you in accordance with these terms and conditions.

5.3 If we reject an Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.

6. Orders

6.1 Unless otherwise indicated on the Site there is no minimum purchase amount for each Order,

6.2 You are not permitted to purchase any items for resale to a third party or for trade purposes

6.3 If you wish to place an Order that differs from our ordering requirements, then you will need to email us at earthporiumwellness@gmail.com. If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your Order.

7. Delivery of Products

7.1 Earthporium Wellness accept no responsibility for lost or missing orders if you have given permission for the parcel to be left unattended without being signed for. Please use your tracking order and try to ensure you are at the address provide to accept and sign for your parcel. Should no one be home a card will be left stating where you can collect your parcel from – please ensure to collect from your closest collections within the provided timeframe to avoid parcels being returned to us.

Please note: we send to residential or business addresses & and internationally. (also PO boxes in Australia ONLY )

7.2 We will deliver the Products to the front door at the relevant Delivery Address. If you ask us to deliver inside a premise or building at the Delivery Address and we agree to do so, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the Delivery Address.

7.3 You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your Order

8. Online Delivery Fee Waiver

8.1 From time to time we will do a Delivery Fee Waiver. A Delivery Fee Waiver covers the delivery fees for orders. Minimum spend is after all discounts and coupons have been applied. Otherwise it will be normal delivery rates.

8.2 We may offer a Delivery Waiver for a limited period of time or for certain order types, a Delivery Fee Waiver is solely for the purchase at that time or for such an order type.

8.3 A Delivery Fee Waiver is for the sole use of the account holder and cannot be transferred or used for orders for another customer other than a family member registered at the same delivery address.

9 PROMOTIONAL CODES & DISCOUNT OFFERS

• If your discount code is not working, check whether the following applies to you:

(a)You’ve already used the code. Our discount codes are strictly limited to 1 per person, per order.  

(b)The items aren’t eligible. Check the terms and conditions of the code. Promotional codes are not valid with any other offer or promotion (including Earthporium Wellness rewards credit), already discounted products, sets or gift cards and are only valid whilst stock lasts. 

(c) The code has been entered incorrectly. Please check you have entered the code exactly as it is written and try again.

(d)The code has expired. Check the expiry date of the code, as some of them run for a limited time or expire after a set period.

Please contact (+61) 0488772242 before placing your order if you still require assistance.  Note – due to the large volume of orders we receive during) promotions, refunds are not available on orders whereby a discount code has not been entered. 

10 Fees and Charges

10.1 We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):

(a) The purchase price of each Product that is ordered;

(b) The delivery fee provided to you at the time you selected the relevant delivery window when placing your Order (“Delivery Fee”); and

(c)  Any other fees and charges set out in these terms and conditions.

10.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.

10.3 Prices can change without notice.

11. Payment methods

11.1 You must pay the fees and charges online using the online payment methods in clause 9.2.

11.2 We accept the following credit cards:

(a) Visa and Visa Debit;

(b) Master Card and Master Card Debit;

(c) American Express

(d) JCB

(e) Apple Pay

(f) BECS Direct Debit (AU)

(g) Microsoft Pay

(h) WeChat

(i) Google Pay

(j) FPX

(k) Click and Pay

(l) BECS – Direct Debt AU

(m) Ali Pay

11.3 If we are unable to successfully process your credit card payment for your Order that is accepted by us, then we may notify you to arrange payment or alternatively cancel your Order

11.4 You authorise Earthporium Wellness to debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.

11.5 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

12. Returns Policy

The EMPORIUM WELLNESS Returns Policy applies to all purchases of Products using the Site and forms part of the terms and conditions. If you wish to return a Product in accordance with our Returns Policy, then you must:

• Skin and body care products cannot be returned for change of mind or incorrect size. We are happy to help you make the right decision first time. 

• Check your Goods as soon as they are delivered to you in order to ensure that:
• they are what you ordered; and

• (ii) they are not damaged or faulty.  

The return of a Product must be authorised by the appointed Earthporium Wellness Representative prior to taking any action to return the Product.

• *Please note that to ensure the safety and wellbeing of staff, and minimise any possible spread of COVID-19, all returning and incoming deliveries will now be quarantined for 24 hours before being processed. We apologise for any inconvenience this may cause and will process all returns as soon as possible.

• Where a product is damaged through misuse, accident or abnormal use, the Australian Consumer Law or any manufacturer’s warranty may not apply, and Earthporium Wellness may choose not to provide a refund, or nor exchange it (if applicable).

13. Damaged and Loss or Defective Goods

We will replace or refund (at our discretion) any items delivered to you that are damaged or defective at no charge.

13.1 Should you be eligible for a Product refund, it will be arranged as follows:

• Upon making contact with the Earthporium Wellness, a Representative will work with you to resolve the issue, detailing the steps involved in the refund and any further information applicable.
• Refunds will be handled by our Earthporium Wellness Representative on an individual basis.

13.2 Should you be eligible for a Product replacement, it will be arranged as follows:

(a)Upon making contact with the Earthporium Wellness Representative, a representative will work with you to facilitate the easiest means of getting a replacement product delivered.

(b) The Representative will dictate any further action required and supply the necessary information.

(c)Product replacement time frames will be detailed to you during these steps.

     (d) It is your responsibility to advise us should an order delivery be late, incorrect or damaged. Please contact us immediately on earthporiumwellness@gmail.com.  Should an order be lost in transit, damaged or incorrect, we may not send replacement items immediately. Replacement items will be despatched according to our discretion following our investigations.

(e) We do not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

(f) We will not be held liable for any loss or damage resulting from late delivery.

14. CHANGE OF MIND

Exchanges or refunds for change of mind will not be offered.

15. Incorrect Items Ordered

We will issue a full refund for items you ordered incorrectly if you notify us within 7 day of placing the order on the Site, this Product return refund is conditional on all item(s) being returned to Emporium Wellness unopened and in the original packaging. If opened we will not be able to refund you. Postage costs will not be refunded. Please send the Product by registered mail as no item will be refunded until received by us. If we have sent you the incorrect product from what you ordered please contact us by emailing earthporiumwellness@gmail.com. When you return a Product please ensure it is packed to avoid damage in transit. We highly recommend you photograph the Product inside the packing prior to sending and email it to earthporiumwellness@gmail.com as proof. We accept no liability for returns not received.

16. CORRECTION OF ERRORS AND LIMITATIONS

16.1Whilst we make every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current or any linked site. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you.

17. SUBMISSIONS

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain our exclusive property. Your submission of any such comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other intellectual property rights in the comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

18. COMMUNICATION FROM US

As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications so each one of these communications will contain a clear link to unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

19. INDEMNIFICATION

You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these Terms and Conditions. If you have to indemnify us under this Section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.

LIMITATION OF LIABILITY WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WE DO NOT WARRANT THAT OUR WEBSITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS AND CONSEQUENTIAL DAMAGES.

Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.

We take no responsibility for the accuracy of any of the content or statements contained on this website or in relation to our products/services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our products are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the website or our products/services.

You agree to indemnify us and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this website or the services or information offered on this website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you

20. MISCELLANEOUS

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Western Australia, Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Unless otherwise specified, all prices quoted, and sales transactions are in Australian Dollars. GST is included in sales to Australia.

21. Your general Earthporium Wellness Site obligations

You must:

(a) Ensure that your Login ID and password, that is used to access the Site and the details of your account, are kept in a safe and secure manner;

(b) Immediately notify us through email at earthporiumwellness@gmail.com if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account;

(c) Promptly advise us of any changes to your information provided to us as part of the customer registration process;

(d) Remain responsible for any costs associated with your access to or use of the Site, including Internet access fees;

(e) Remain responsible and liable for any person that uses your Login ID and password to order Product(s) through the Site;

(f) Agree that we may charge you for all Products that we agree to supply to you that have been ordered using your Login ID and password through the Site; and

(g) Ensure the Products Ordered are suitable for you before use.

22. General User restrictions

You must not:

(a) Use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

(b) Use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;

(c) Make fraudulent or speculative enquiries, purchases or requests through the Site;

(d) Use another person’s details without their permission or impersonate another person when using the Site;

(e) Post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

(f) Tamper with or hinder the operation of the Site;

(g) Knowingly transmit any viruses, worms, defects, Trojan horses or similar disabling or malicious code to the Site;

(h) Use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;

(i) Modify, adapt, translate or reverse engineer any portion of the Site;

(j) Remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;

(k) Reformat or frame any portion of the web pages that are part of the Site;

(l) Create accounts by automated means or under false or fraudulent intentions;

(m) Use the Site to violate the security of any computer or other network or engage in illegal conduct;

(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

(o) Use the Site other than in accordance with these terms and conditions; or

(p) Attempt any of the above acts or engage or permit another person to do any of the above acts.

23. Warranties

You warrant that:

(a) All information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;

(b) The person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and

(c) You have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.

24. SHIPPING

24.1 All orders (both local & international) are sent with Australia Post or a registered courier and once dispatched are strictly bound by the carrier’s delivery terms and times.  Australia Post’s delivery terms and times you can view these by visiting www.auspost.com.au. Deliveries will require a signature unless you allow for Authority to leave when sent your tracking information

 24.2 We normally aim to ship your order within 1 to 2 working days from Perth (Monday – Friday) – but due to limitations with coronavirus we are sometimes taking 3 days. Should you require urgent delivery, or have special delivery requirements, please contact us on earthporiumwellness@gmail.com or tel. (+61) 0488772242.  Please note that Australia Post seems to be taking longer at the moment.

24.3 Orders are not processed or dispatched on weekends or Australian public holidays. Please note during busy ‘sale’ periods there may be a delay in dispatching your order due to an increase in order volumes.

24.4 Delivery times exclude the dispatch day.

24.5 Once your order has been dispatched you will receive tracking notifications, this information can also be found in your ‘My Account’ section of the Earthporium Wellness website.

24.6 Delivery or tracking enquiries are the responsibility of a customer and can be made at www.auspost.com.au by quoting your tracking number.

24.7 We will aim to leave the order at the address advised by you at the time of purchase. You must ensure that you are able to take delivery of the product without undue delay and at any time reasonably specified by us. Australia Post may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, Australia Post may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

24.8 STANDARD DELIVERY TIMES

(Delivery times below are based on estimated delivery times provided by Australia Post and should be considered a guide only)

25 IMPORTANT INFORMATION

 25.1 Customs Fees: Some countries (UK, the E.U., and Canada in particular) charge Customs fees or import duties on merchandise ordered from overseas. Please be aware that these charges are the customer’s responsibility and are beyond our control. We advise that you contact the relevant government body in your country.

25.2 Earthporium Wellness is not responsible for goods that have spoiled due to weather conditions. It is advised that you have your parcels delivered to a cool, dry and weather safe address.

26. COPYRIGHT / TRADEMARK INFORMATION and Interlectural Property

26.1 This entire website, copy, images, logos, indicia, text, content, appearing on this website and unique method of show casing products is subject to copyright. Permission to use documents delivered from this Earthporium Wellness World Wide Website and/or server and related graphics is strictly prohibited except with our express, written consent.

 26.2 Our name or any trademark or logo appearing on the website may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from us.

26.3 The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

We hold the copyright to the content of this website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the website or in connection with the services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should request this us by calling: 0488 772 242

27. Links to External Websites

This website may contain links that direct you outside of this website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you

28. Collection of Information

Use of information you have provided us with, or that we have collected and retained relating to your use of the website and/or our products/services, is governed by our Privacy Policy. By using this website and the services associated with this website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect

29 Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this website will be confidential due to the potential ability of third parties to intercept and access such information.

30. Governing Law .

.These terms and conditions are governed by and construed in accordance with the laws of Western Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Western Australia. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction

31. Packaging

Packaging can vary from time to time due to availability.

Copyright © 2020 Earthporium Wellness