HART SKINCARE TERMS AND CONDITIONS
1. Application
1.1. Please read these Terms and Conditions carefully as they contain important information regarding Your rights and obligations.
1.2. These Terms and Conditions are the terms and conditions on which We will provide Products to You.
2. Definitions
2.1. Delivery Address means the address You provide to Stripe or Square as appearing on the Sales Confirmation when placing an Order through the Hart Skincare website.
2.2. Hart Skincare Website means the main platform used by Us to receive Orders from You and to disseminate information about Our Products to You. The Hart Skincare Website is provided as part of the Services and is hosted by Stripe.
2.3. Markets means any market, fair or stall that Hart Skincare may host or participate in for the purpose of selling the Products.
2.4. Order means an order for Products made by You through the Hart Skincare Website using the Services.
2.5. Pandemic means COVID-19 Virus, any strain of the COVID-19 Virus or any other worldwide virus which is declared by the World Health Organisation as a pandemic;
2.6. Pandemic Declaration means any declaration or direction made under South Australia's Public Health Act 2011 or Emergency Management Act 2004 in relation to a Pandemic or any Commonwealth government declaration or legislation which may affect Our business due to a Pandemic, as may be varied from time to time.
2.7. Pandemic Period means any one or more periods which is governed by a Pandemic Declaration.
2.8. Postage Fee means the fee We charge You to post Products You have ordered to the Delivery Address as appearing on the Hart Skincare Website at the time You place Your Order.
2.9. Products means any skin care or other cosmetic product or products offered for sale at Markets or listed on the Hart Skincare Website from time to time.
2.10. Sale Agreement means an agreement between You and Us for the supply of Products by Us to You pursuant to these Terms and Conditions.
2.11. Sales Confirmation means the receipt provided to You by Square or Stripe confirming that Your payment is accepted for an Order of Products.
2.12. Services means the services provided by Square or Stripe, including their mobile applications, websites, software, hardware, and other products and services and includes the ordering and payment processes required to purchase Products.
2.13. Square means Square AU Pty Ltd ABN 38 167 106 176.
2.14. Stripe means Stripe Payments Australia Pty Ltd ACN 160 180 343 and an associated or affiliated company.
2.15. We/Us/Our/Hart Skincare means Hart Skincare Pty Ltd ACN 644 646 159 in its capacity as trustee of the Hannah McGregor-Shenton Discretionary Trust trading as Hart Skincare and any of its employees, agents, assignees and contractors.
2.16. You/Your refers to the person, partnership, corporation, trust or other entity purchasing Products from Us and includes any attorney or representative thereof.
3. Supply of Products
3.1. You may purchase Products by placing an Order through the Hart Skincare Website or by agreeing to purchase Products on offer for sale at Markets.
3.2. By placing an Order or accepting Our offer to sell Products at Markets you agree to enter into a Sale Agreement and be bound by these Terms and Conditions.
3.3. A Sale Agreement only arises when You have completed the checkout process and made payment in full.
4. Ordering
4.1. You must review Your Order carefully before placing it. Once an Order is confirmed and a Sales Confirmation received, You may not be able to cancel or change Your Order.
4.2. You are responsible for any discrepancies or errors in Your Order caused by You.
4.3. We reserve the right to notify You that an item of Products in an Order is out of stock or has become unavailable, in which case:
4.3.1. We will contact You by email or phone as provided on the Sales Confirmation to let You know and We will recommend an alternative, if available;
4.3.2. If no alternative is available or you choose not to accept a suggested alternative, You may receive a full refund or store credit for the out of stock or unavailable item (at Your election).
5. Variations
5.1. Any requested variations, alterations or modifications to any Order must be put to Us in writing.
5.2. We in Our absolute discretion may decide to accept or reject the variation, alteration or modification and shall notify You of the decision.
5.3. Where We reject any requested variations, alterations or modifications, and have undertaken, ordered or prepared the Products pursuant to an Order, We will post those Products.
5.4. Where any requested variation, alteration or modification is accepted, the original price quoted for the Order will be amended to reflect any consequential adjustment resulting from the variation, alteration or modification to the Order.
6. Pricing
6.1. Prices for Products are subject to change at Our absolute discretion.
6.2. The price for Products listed on the Hart Skincare Website at the time You place an Order or as displayed at the Markets at the time you purchase Products is the price for Products that You will be charged (unless there is an obvious error or mistake in the price listed on the Hart Skincare Website).
7. Payment
7.1. Unless otherwise agreed by Us in writing, payment for the purchase of a Product will be completed at the time of:
7.1.1. placing an Order through the Services; or
7.1.2. Your acceptance of Our offer to sell You a Product at Markets. The Hart Skincare Website shows the GST inclusive price where applicable.
7.2. Payment of all moneys under a Sale Agreement will be without set-off or deduction and may be apportioned by Us at our absolute discretion.
7.3. Should it be considered necessary by Us to incur legal and/or other expenses, including any such expenses to any debt collection agency, in obtaining, or attempting to obtain, payment for any amount due by You, You shall be liable for all such expenses.
8. Postage Fee
8.1. If Products are to be posted there will be a Postage Fee charged in addition to the price payable for Products.
8.2. The Postage Fee may be varied from time to time at Our complete and absolute discretion.
8.3. The Postage Fee will be generated at the time of payment through the Hart Skincare Website.
9. Delivery & Pick Up
9.1. We will deliver the Products comprised in an Order to You by post at the Delivery Address unless You indicate that You will pick up the Products.
9.2. Any time or date advised as the estimated time for delivery, dispatch or arrival of Products comprised in an Order is an estimate only and does not constitute a condition of the Sale Agreement.
9.3. We will not be liable for any damage or loss caused by any delay in delivery or dispatch of Products You have ordered.
9.4. If you indicate You will pick up Your Products, We will email you a separate address and details for pick up.
9.5. All Products You have ordered must be checked on delivery or pick up. You are deemed to have accepted any Products as being in conformity with Your Order unless You notify Us in writing within 5 business days of delivery or pick up.
9.6. We will not be liable for any stolen or damaged Products after delivery to the Delivery Address or after You pick up Your Products from Us.
10. Delivery Address
10.1. The information (including Delivery Address) You provide through the Services must be accurate and complete.
10.2. If You select the zero-contact delivery option You authorise that Products comprised in the Order can be left at the Delivery Address and must provide clear instructions and ensure that there is a designated area where there will be low risk of the delivered Products being damaged or stolen.
10.3. You acknowledge and agree that any person at the Delivery Address is authorised by you to receive your Order.
10.4. You must inform Us immediately if there are any changes to your details or Delivery Address.
10.5. If the address You provide is not in Our opinion an appropriate Delivery Address, We have the complete and absolute discretion to refuse to deliver, cancel Your order and terminate the Sale Agreement without fault to Us.
11. Warranties & Indemnities
11.1. You acknowledge, agree and warrant that:
11.1.1. You are purchasing Products for residential and non-commercial use only;
11.1.2. You are satisfied that the Products have the condition, characteristics, and quality that will make them suitable for any purpose for which you require the Products;
11.1.3. You have not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation or assistance given by Us or anyone on our behalf in respect of the Products other than what is expressly contained in the Sale Agreement;
11.1.4. All information and data provided by You to Us through the Hart Skincare Website or otherwise is true, accurate, complete and up to date.
11.2. Without excluding, restricting or modifying the rights and remedies to which You may be entitled under the Australian Consumer Law (set out in Schedule 2 of the Competition and Consumer Act 2010), We exclude all other guarantees, warranties, conditions and representations, express or implied, relating to a Sale Agreement.
11.3. In the event that We have any liability under the Australian Consumer Law, Our liability will not exceed the greater of:
11.3.1. the cost of replacing the Products the subject of Your claim or of acquiring equivalent Products; or
11.3.2. $500 (including GST if applicable).
11.4. Without limiting clause 11.2, We will not be liable to You for any claims, proceedings, liabilities, obligations, consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue, loss of business, business interruption, wasted costs You have incurred, amounts that you are liable for or any loss suffered by third parties under or relating to a Sale Agreement.
11.5. You are liable for and indemnify Us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis, whether incurred or awarded against Us and any, cost, damage or expense) in respect of:
11.5.1. personal injury;
11.5.2. damage to property;
11.5.3. or a claim by a third party,
in relation to Your purchase or use of Products or Your breach of a Sale Agreement.
11.6. Your liability under this indemnity is limited to the extent that Our breach of the Sale Agreement or Our negligence is a direct cause of the liability, claims, damage, loss, costs or expenses referred to within these provisions.
12. Products & Product Information
12.1. We do Our best to keep product details for the Products up to date. Information and descriptions relating to the Products, including but not limited to any photos and pack sizes, are all for illustrative purposes only and are not to be relied upon as general or expert advice and We do not warrant their accuracy.
12.2. From time to time packaging, ingredients and stock may vary and We may not always be able to update Our platforms where We disseminate information or provide the Services as often as we would like and there may be variations in the Products available for purchase.
12.3. Before using the Products please check the product details that relate to the Products on the Hart Skincare Website, product information card and label of the Product and check with Your doctor or heath consultant if You have any concerns about the Products. This is especially important if there is a possibility of an allergic reaction.
13. Allergen Caution
13.1. Some Products may be made, processed or packed on or near equipment or surfaces which have come into contact with nuts, seeds, grains, fruit and oils (including but not limited to sesame, peanuts, soya protein and gluten)). Although we do Our best to avoid any kind of cross contamination this can occasionally occur and any of the Products may contain traces of other ingredients including those listed in this clause.
14. Medical information
14.1. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of Products to avoid potential allergic reactions.
14.2. The Products sold by Us are not intended to diagnose, treat, cure or prevent any condition or disease. We do not make any claims about the health affect the Products may have on Your body.
14.3. Information available on the Hart Skincare Website or other platform used by Us to disseminate information about Our Products should not be used for diagnosing or treating a health problem or disease.
14.4. In the event of illness or the persistence of symptoms, the advice of your health care professional should be sought.
14.5. If any minor uses any Product it should be only after the legal or parental guardian has discussed the Product with the minor's doctor.
15. Return of Products & Damaged Products
15.1. At Our complete and absolute discretion We may accept return of Products from You if:
15.1.1. You notify Us that You consider the Products to be damaged or defective and, after examination of any received digital or physical evidence from You, We agree; or
15.1.2. You change Your mind, have not used the Products and wish to request a refund.
15.2. If You change Your mind, and Your refund is approved, a cancellation fee may apply to You.
15.3. If the Products are damaged or defective in accordance with clause 15.1.1, You may elect to:
15.3.1. receive a replacement of the Products returned with equivalent Products (Replaced Products); or
15.3.2. receive a credit note equal to the price paid for the Products returned (Credit Note); or
15.3.3. terminate the Sale Agreement and we will provide a refund to You equal to the price paid for the Products returned.
15.4. Any Credit Note must be processed in accordance with the Terms and Conditions of the Services (and request for the Credit Note must not be later than 120 days from the date of purchase transaction through the Services).
15.5. For a Credit Note or Replaced Products to be issued by Us for damaged or defective Products, proof will be required by returning the damaged Products to Us.
15.6. You are required to notify Us within 5 business days of delivery of any shortage in or loss or damage to the Products delivered. Failure to notify Us will disentitle You to any remedy with respect to the shortage, loss or damage.
15.7. Any costs associated with the posting and return of the Products are to be paid by You.
15.8. If We pay any costs associated with the posting and return of Products in accordance with clause 15.1 You will be required to reimburse Us in full.
15.9. Any Replaced Products must be provided by Us and will be posted by Us to You by post at Your cost.
15.10. We may waive any cost the subject of clauses 15.7, 15.8 or 15.9 in Our complete and absolute discretion.
16. Force Majeure
16.1. We will not be responsible for any delays in delivery of Products comprised in an Order due to causes beyond Our control including but not limited to acts of God, war, terrorism, mobilisation, civil commotion, strikes, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, Pandemics, disease, fires, floods, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.
16.2. If delays from such causes set out in clause 16.1 do occur:
16.2.1 our delivery period shall be correspondingly extended; or
16.2.2. if agreed to in writing by both Us and You, the Sale Agreement will be terminated at no fault to either You or Us and the amount You paid for the Order shall be refunded.
17. Compliance with Pandemic Declarations
17.1. If there is a Pandemic Declaration which affects Our business operations or Our supplier’s businesses during the Pandemic Period, both We and You will:
17.1.1. act in good faith and in line with the Pandemic Declaration; and
17.1.2. consider the impact of the Pandemic Period on both parties and negotiate an agreement for change in the Order or the delivery or pick up time specified in accordance with clause 9 following protocol which is recommended by the South Australian government or Federal government at the time of the relevant Pandemic Declaration; or
17.1.3. agree to terminate the Sale Agreement in which case the amount You paid for the Order shall be refunded.
18. Square or Stripe General Terms of Service & Policies
18.1. You acknowledge the ordering and payment for supply of Products to You is completed through the third-party service provider Square or Stripe and their Services.
18.2. You acknowledge that you will use the Services and the Hart Skincare Website responsibly.
18.3. By purchasing Products through Square or Stripe’s Services, you understand and acknowledge that you are entering into a separate legal agreement with Square or Stripe and agree to their General Terms of Service and policies, at https://Squareup.com/au or Stripe.com/au, as they may vary from time to time.
18.4. We are not liable for any damage or loss You suffer as a result of using the Services.
18.5. All third-party hardware and other products included or sold as or with the Products or the Services are provided according to the warranty and other service and support terms specified by the third-party manufacturer, subject to the Consumer Guarantees in the Australian Consumer Law (if and to the extent applicable to you). Our liability to you arising out of your use of, or inability to use, third party products is limited by these Terms and Conditions.
19. Severability
19.1. If any part of the Sale Agreement becomes void or unenforceable for any reason then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.
20. Governing Law
20.1. The Sale Agreement is governed by the laws of South Australia and each party submits to the non-exclusive jurisdiction of the courts of South Australia.
21. Entire Agreement
21.1. The Sale Agreement comprises the entire agreement between the parties and no additional terms and conditions (including any terms contained in any purchase order) apply to the sale of any Products to You other than:
21.1.1. as referred to in clause 18 and clause 25 (Square or Stripe and Mailchimp Terms and Conditions and Policies); or
21.1.2. as agreed in writing by the parties.
22. No Waiver of Rights
22.1. No delay or omission by a party to exercise any right, power or remedy available to that party as a result of a continuing breach or default under the Sale Agreement will impair any such right, power or remedy, nor will it be construed to be a waiver of that party’s rights to take action or make a claim in respect of a continuing breach or default.
23. Termination
23.1. We may terminate or suspend the Sale Agreement at any time by delivering notice advising You that Your purchase privileges have been removed.
23.2. Termination of the Sale Agreement is effective the day the notice is received, or such later date as specified in the notice.
24. Privacy
24.1. You acknowledge that We will use Your name, email address and the Delivery Address for the purpose of delivery of Products to You and to contact you in relation to the Sale Agreement and in accordance to clause 25 and will otherwise be used in accordance with Square or Stripe’s and Mailchimp’s terms and conditions and privacy policies.
24.2. We will always handle your personal information securely and carefully. We will comply with all applicable Australian privacy laws to the best of our ability.
25. Information Collection & Communication
25.1. You consent to accept and receive communications from Us, including email, text messages, calls and push notifications to the email address or phone number You provide to Us from time to time.
25.2. We use Mailchimp as Our mailing list provider. You can subscribe to the emails via a link and Mailchimp will store Your email and name.
25.3. You may opt in & out of receiving promotional email communications We send to You by following the unsubscribe options in such promotional emails. If You do not opt-in, You will not receive promotional emails.
25.4. If You subscribe to the MailChimp email list, You are bound by the terms and conditions and privacy policy of MailChimp (The Rocket Science Group LLP), at https://mailchimp.com/legal/, as they may vary from time to time.
26. Confidentiality
26.1. All personal information You give Us will be dealt with in a confidential manner. However, due to circumstances outside of Our control, We cannot guarantee that all aspects of Your use of the Hart Skincare Website will be confidential due to the potential ability of third parties to intercept and access such information.
27. Intellectual Property
27.1. The copyright, trademarks, photographs and logos containing or associated with Our business, Hart Skincare, (Our Intellectual Property) which may appear on the Hart Skincare Website are Our intellectual property and any use of Our Intellectual Property is strictly prohibited except with Our express, written consent.
28. Notices
28.1. We may provide disclosures and notices required by law and other information about Products and Services to you electronically, by posting it on the Hart Skincare Website, providing push notifications through the Services or by emailing it to Your email address listed in the Sales Confirmation or provided by Us to You.
28.2. If the disclosure, notice or information includes any material change to Your existing rights and obligations or these Terms and Conditions, We will alert You by email. Electronic disclosures and notices have the same meaning and effect as if he had provided You with paper copies.
28.2. Such disclosures and notices are considered received by You within twenty-four (24) hours of the time posted to the Hart Skincare Website, or within twenty-four (24) hours of the time emailed to You unless We receive notice that the email was not delivered.
28.3. If You wish to withdraw Your consent to receiving electronic communications, contact Us via our email address info@hartskincare.com.au.