TERMS & CONDITIONS
These Terms and Conditions form a contract between the customer (you) and Pure Australia Pty Ltd ACN: 123 046 275 (Pure Australia) and apply to the ordering, purchase, fulfillment and delivery of goods from www.denaskincare.com. (D'ena Online).
Please read these Terms and Conditions carefully before placing your Order with D'ena Online as these Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact us.
TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE D'ENA WEBSITE
The following definitions are used in these Terms and Conditions.
Business Day means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for D'ena Online.
Delivery Fee means the fees charged by the Delivery Agent of D'ena Online for the delivery of Goods.
Goods means the items offered for sale, described or displayed on the Website.
a. in relation to orders for delivery in Australia, has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth);
b. means, in relation to orders for delivery in New Zealand, goods and services tax imposed by the Goods and Services Tax Act 1985 (New Zealand).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from D'ena Online in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth), except where you are based in New Zealand in which case it has the meaning as defined in the Privacy Act 1993.
Price means the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia and New Zealand, the specified price includes GST).
Price Estimate means the estimate of the Price, exclusive of any Taxes, provided on the Website where a currency other than Australian Dollars is selected.
Returns Policy means the D'ena Returns Policy specified below
Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means www.denaskincare.com.au
Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions
We or Us or Our or Pure Australia or D'ena Online means Pure Australia Pty Ltd, ACN 094 091 380.
You or Your means you as the purchaser of Goods from D'ena Online pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and D'ena Online with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. PLACING ORDERS FOR GOODS
3.1 You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2 An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee and, for the avoidance of doubt, for deliveries to Australia and New Zealand, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
3.3 You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only (not for re-sale) and quantity restrictions may apply as set out on the Website from time to time.
3.4 In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. D'ena Online will not be liable to you for your loss or those of any third party for a delay or failure to process, fulfill or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, D'ena Online is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to D'ena.
3.5 You may Order from D'ena Online if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6 You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return Goods in accordance with the Returns Policy.
3.7 Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7.
3.8 You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting us.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 D'ena Online reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations outside Australia. D'ena Online retains the right to determine what it can and cannot deliver to any particular location.
4.2 When we accept an Order, it represents an agreement by D'ena Online to supply you the Goods in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (5) Business Days after the placement of the Order. D'ena Online will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. D'ena Online is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. AVAILABILITY OF GOODS
5.1 You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfill all or part of your Order. If this occurs, D'ena Online will contact you within five (5) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. D'ena Online is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2 We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. D'ena Online will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.
5.3 Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, D'ena Online will proceed to fulfill the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfillment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered in accordance with the Returns Policy.
5.4 You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
(b) you have read any corresponding written description of the Goods prior to submitting your Order;
(c) where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
(d) any accessory featured with the Goods is for illustration purposes only.
6. PRICE AND PAYMENT
6.1 The Price in respect of a Good is specified on the Website.
6.2 Prices are displayed in Australian Dollars, as indicated by the “AU$”. Where you access the website from an ip address located within Australia, Prices displayed will include GST. Where you access the website at www.denaskincare.com or or from an ip address located outside Australia, all Prices will be stated in Australian Dollars and are exclusive of all Tax which may be payable in relation to your order. You are liable to pay all such Tax, including (for New Zealand customers) GST.
6.3 Where you choose for an Estimated Price to be displayed in an alternate currency as indicated by the “$”, this is provided to you as an estimate of the Price you will pay in that currency excluding any applicable Tax which may be payable in relation to your order. We use an independent currency converter which is updated at least weekly to provide an estimate of the Price you will pay.
6.4 You will be charged in Australian Dollars regardless of you having chosen to display the Estimated Price in an alternate currency. The actual currency conversion rate used to determine the Price you pay for the Goods is determined by your credit card provider or Paypal. We are not liable for any difference between the Estimated Price quoted on the site and the actual Price charged to you for the Goods as determined by the conversion rate used by your credit card provider or Paypal.
6.5 D'ena Online reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.6 In respect of any Order, we will charge you and you agree to pay:
(a) the Price (which is the Price at the time the Order is submitted in Australian Dollars); and
(b) the Delivery Fee.
6.7 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card Pay Pal or payment into our account. When paying by credit card, you authorise D'ena Online to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.8 You acknowledge and agree that any payment in respect of an Order must be cleared by D'ena Online before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.9 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.10 You will receive an invoice by email once payment in respect of your Order has been processed.
6.11 D'ena Online uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 D'ena Online uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
7.2 The applicable Delivery Fee for the Goods, will be determined depending upon the method of delivery and destination, which is to be completed on the Electronic Order Form
7.3 Indicative delivery time frames are indicative only and as provided on the Electronic Order Form.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
(a) D'ena Online cannot guarantee that delivery will occur in the stated delivery time frames;
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) except where required by applicable law, D'ena Online is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.
7.6 If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card. Within Australia, undeliverable Goods will generally be left at a local Australia Post outlet. Within New Zealand, undeliverable Goods will generally be left at a local New Zealand Post outlet.
7.7 Where you do not collect your Goods from the outlet specified on the calling card within 10 working days of a failed delivery, you must contact us using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact us as soon as practicable using the details provided at the start of these Terms and Conditions.
8. RISK AND TITLE
8.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
9. ORDER CANCELLATIONS AND RETURNS
9.1 Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or damaged Goods in accordance with the Returns Policy.
9.2 Goods can only be returned under these Terms and Conditions and our Returns Policy as set out in this clause.
9.3 Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. D'ena Online is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4 It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. D'ena Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
9.5 No exchange or refund will be made on any product as a result of a change of mind or that has been personalised, unless the product is faulty. We will accept returns for faulty products.
9.6 You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
9.7 You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For any enquiries please call us.
9.8 All refunds or returns require proof of purchase. Shipping charges are non refundable unless it is proved that the Goods are damaged or have a major fault.
11. WEBSITE TERMS
11.1 The D'ena Website Terms form a part of these Terms and Conditions.
12. WARRANTIES YOU MAKE TO D'ENA ONLINE
12.1 You represent and warrant to D'ena Online that:
(a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to D'ena Online;
(b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
(c) you are over the age of 18;
(d) in placing your Order, you have read and agree to these Terms and Conditions; and
(e) in placing your Order, you have complied with all applicable Laws.
13. D'ENA ONLINE’S LIABILITY TO YOU
13.1 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
13.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, D'ena Online excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth) and the Consumer Guarantees Act 1993 (NZ).
13.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
14.1 D'ena Online reserves the right to, at its discretion, terminate your access to and use of the Website:
(a) for convenience, at any time, upon provision of notice to you;
(i) if D'ena Online reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
15.1 D'ena Online reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with D'ena Online with respect to that Order.
15.2 D'ena Online may give notice to you by electronic mail. You may give notice to D'ena Online by email.
15.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
15.4 A failure or delay by D'ena Online to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by D'ena Online does not preclude its future exercise or the exercise of any power or right.
15.5 The laws of New South Wales Australia govern this agreement. Your transaction is deemed to have taken place in Silverwater New South Wales.
D'ENA WEBSITE TERMS AND CONDITIONS
Please take the time to read these terms and conditions. By using Our Website and the Goods and information offered on Our Website, you are agreeing to these terms and conditions.
If you purchase Goods or products through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
Goods means the distribution and sale of private label cosmetics and health food products and associated products, services and goods
the Website means this website www.denaskincare.com
We / Us etc means D'ena or Pure Australia Pty ltd 123 046 275 and any subsidiaries, affiliates, employees, officers, agents or assigns.
ACCURACY OF CONTENT
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
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 Goods.
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 Goods 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.
PASSWORDS AND LOGINS
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
INDEMNIFICATION FOR LOSS OR DAMAGE
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 Goods 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.
INTELLECTUAL PROPERTY AND COPYRIGHTS
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 Goods. 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 submit your request to us at the following email address: email@example.com
The trademarks and logos contained on this Website are trademarks of D'ena. Use of these trademarks is strictly prohibited except with Our express, written consent.
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, its 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.
LIMITATION OF LIABILITY
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Goods. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Goods 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 Goods.
To the maximum extent permitted by law we are not responsible for any loss damage or expense howsoever arising and whether direct or indirect suffered by you or any third party arising from or in connection with your use of this Site including without limitation the content and for any inaccessibility, interruption or outage of our Site or any corruption of data or if content is incorrect, incomplete or out of date and you indemnify and hold us harmless against any such loss damage or expense.
These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales
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.
We will use all reasonable endeavours acting in good faith with You to resolve any dispute arising in connection a purchase.
You are prohibited from using our Site including the content in any way that competes with our Goods
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws of any country outside Australia. If you access our Site from outside Australia you do so at your own risk and are responsible for and indemnify us for complying with the laws of the jurisdiction where you access this Site.
You consent to receiving communications from us electronically and all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing