Terms of service
TERMS AND CONDITIONS
CONSCIOUS ONES LIVING PTY LTD
(Issue Date: 1 August 2024)
These Terms and Conditions set out the terms and conditions for the use of this Website and for the purchase of products from Conscious Ones Living Pty Ltd. You should read them carefully before using the Website or purchasing any products from Us.
If You do not agree with these Terms and Conditions, You should cease using the Website immediately.
1. This Website
1.1 This website is operated by Conscious Ones Living Pty Ltd ACN 678 432 276 (Website). The terms “We”, “Us” or “Our” refers to Conscious Ones Living Pty Ltd, its successors and assigns or any person acting on behalf of Conscious Ones Living Pty Ltd. “You” or “Your” refers to you as the customer who is a user of the Website or purchaser of the products.
1.2 The use of this Website and the purchase of products from Us is subject to these terms and conditions (Terms and Conditions). By using the Website or purchasing any product from Us, You indicate that You have, read, accepted and agreed to be bound by these Terms and Conditions.
2. These Terms and Conditions
2.1 We reserve the right to change these Terms and Conditions at any time. We will notify any change by publishing updated Terms and Conditions on the Website.
2.2 By using this Website, You accept that You are responsible for periodically reviewing these Terms and Conditions and monitoring any changes. Subject to clause 2.3, by continuing to use this Website, You are taken to accept and be bound by any amended Terms and Conditions that are published from time to time.
2.3 No change to the Terms and Conditions will apply to any order placed by You before the publication of the changes on the Website. Your order will be subject to the prevailing Terms and Conditions at the time the order is placed.
2.4 When You place an order for a product through this Website You are confirming Your acceptance of the Terms and Conditions and entering a legally binding contract with Us subject to these Terms and Conditions.
2.5 Despite any other provision of these Terms and Conditions, they do not limit Your rights and remedies under the Competition and Consumer Act 2010 (Cth). These Terms and Conditions must be read subject to the Competition and Consumer Act 2010 (Cth).
3. Use of Our Website
3.1 We aim for Our Website not to contain malicious software or viruses; however, to the maximum extent permitted by law, We do not accept liability for any damage caused to Your computer or hardware as a result of Your use of Our Website. We recommend You ensure that You have appropriate anti-virus and firewall protections installed on any device You use to access the Website.
3.2 A link on Our Website to a website We do not control (third-party website) does not indicate Our endorsement of that third-party website or its content. As We do not control third-party websites, You agree that You access them and view them at Your own risk. We do not make any warranty as to the safety of the third-party website and We recommend You immediately review any terms and conditions of the third-party website when accessing it for the first time.
3.3 You may publish a link to Our Website on another website, but must remove that link as soon as possible if We request You to do so.
4. Governing Law and Jurisdiction
4.1 Any use of this Website including, but not limited to, purchasing products or browsing available products is subject to the law of Queensland. You may also be subject to the law in the location from which You access the Website.
4.2 These Terms and Conditions are to be governed and construed in accordance with the law of Queensland.
4.3 You and We submit to the non-exclusive jurisdiction of the courts of Queensland.
5. Accuracy of Information and Product Images
5.1 We aim for the information on Our Website to be the most accurate and current information available to Us at the time it is published on Our Website. Please be aware errors may occur in the information provided on the Website including typographical errors, inaccuracy of product information, pricing, shipping costs, promotions and transit times. We recommend that You do not rely exclusively on this information and use it only as a general guide when purchasing Our products.
5.2 Without limiting any rights or remedies You may have under the Competition and Consumer Act 2010 (Cth), We do not accept liability for any damage, whether directly, indirectly or otherwise, caused from reliance on any information, advice, opinion, omission or representation, whether made negligently or otherwise, on Our Website. By accessing Our Website, You agree that the information could contain errors or inaccuracies and You are agreeing to purchase any product whilst assuming this risk.
5.3 We rely on Our suppliers to provide Us with the most accurate and current product ingredients and information about those ingredients. Please be aware that ingredients in Our product may change on short notice. We rely on Our suppliers to inform Us of any changes to the product ingredients in a timely manner. While We will use all reasonable endeavours to update product information on Our Website as soon as possible, changes may not be reflected on the Website immediately.
5.4 When purchasing a product, You acknowledge that the product ingredients listed on the Website may be not be up to date. We recommend You refer to the packaging on the product You purchase for the most up to date ingredient information. We also encourage You to review the ingredient list when purchasing a product You have purchased previously as the ingredients may have changed in the meantime.
5.5 If You believe that the ingredients of a product supplied by Us are different from the ingredients published on Our Website at the time You placed Your order and that any difference materially affects the performance or characteristics of the product, please contact Us before opening the product to discuss Your options.
5.6 You acknowledge and accept that the colours and finish of items displayed on the Website may not be accurate. You agree that the accuracy of product images depicting colours and product finishes (including packaging) could be impacted by external influences including, the quality of images supplied to Us or the age, make, quality and settings on Your computer or mobile phone. When purchasing from Our Website, You agree that there is a risk of a small variation in colour and finish between the product displayed on Our Website (including its packaging) and the product You receive (or its packaging). Unless there is a manufacturing defect, and subject to clause 2.5, We do not accept liability for variations in colour or finish.
6. Product Information
6.1 We are not health professionals and do not provide medical advice. Product information provided on Our Website is only intended for general use. We do not recommend that You rely on Our information in preference to medical advice from Your doctor or other healthcare professionals. You should always consult Your doctor or other healthcare professionals before You begin any new diet, health regime or use a new healthcare product. If You are pregnant, have any pre-existing health conditions, or skin sensitivities, We recommend consulting a doctor before beginning the use of any product sold on Our Website. Do not disregard medical opinions from Your doctor in favour of information You have read on Our Website.
6.2 Always use any product purchased from Our Website in accordance with the instructions on the product.
7. Product Availability and Expiry Dates
7.1 Display of a product on Our Website does not guarantee its availability. Product availability is subject to change on short notice. If a product is out of stock, it will be clearly labelled on the Website.
7.2 Where relevant, Our products have the expiry or best before dates clearly written on the product or its packaging. Unless expressly stated otherwise on Our Website, each product supplied by Us will have a reasonable shelf life before the expiry or best before date is reached. Occasionally, discounted or clearance items may have a limited shelf life, which We will disclose.
8. Warranties and Limitation of Liability
8.1 Without limiting any rights or remedies You may have under the Competition and Consumer Act 2010 (Cth), You agree that any product You purchase from Our Website is purchased without any warranty from Us as to the merchantability, fitness for a particular purpose, suitability or durability of the product. You must make Your own assessment of the suitability of any product for Your own purposes.
8.2 Clause 8.1 does not exclude or limit any warranty offered by the manufacturer of a product.
8.3 Without limiting any rights or remedies You may have under the Competition and Consumer Act 2010 (Cth) and subject to clause 8.3, to the maximum extent permitted by law:
(a) We do not accept liability, for any warranty or representation, whether express or implied, statutory or otherwise, in relation to the Website, or any products offered or advertised on the Website;
(b) We will not be liable for any loss or injury suffered by You or anyone else or any claim made by or against You or anyone else, whether in tort, (including negligence), contract or otherwise and You expressly agree that We are not liable for any loss or damage, whether direct, indirect or otherwise, suffered by You or anyone else arising out of Your use of the Website, the information that appears on the Website or any products procured from the Website; and
(c) Our maximum aggregate liability for any product supplied to You whether in contract, tort (including negligence) or otherwise will not exceed the amount paid by You to Us for the product (excluding any delivery charges).
8.4 Clause 8.3 does not limit or exclude Our liability for death, illness or personal injury caused by Our negligence or any liability which We are unable to lawfully exclude.
9. Pricing
9.1 Prices on Our Website are subject to change at any time without prior notice, justification or explanation. Price changes will be effective when the new price is published on the Website. We aim to provide accurate pricing information but be aware that errors can occur. We reserve the right to refuse or cancel any orders, in whole or in part, that are the subject of inaccurate pricing. If We refuse or cancel an order for a product as a result of a pricing error, We will refund any amount You have paid for the cancelled product.
9.2 All prices on Our Website:
(a) are exclusive of GST; and
(b) exclude delivery charges, which will be stated separately during the checkout process,
unless expressly stated otherwise.
10. Payment, Cancellation and On-Line Ordering
10.1 An order will not be fulfilled until We receive payment through one of the available methods. An order is not complete until it is accepted by Us and We have provided You with confirmation of Your purchase and it is dispatched to You.
10.2 We reserve the right to refuse or cancel an order (in whole or in part) at any time prior to dispatch, for any reason, including if We suspect fraud. In the event this occurs, You will be refunded the amount You have paid for the refused or cancelled product.
11. Returns, Damaged and Defective Goods
11.1 We do not accept returns for change of mind.
11.2 If Your product is damaged or defective, You must notify Us promptly and provide such information and evidence as We reasonably request in relation to the alleged damage or defect. You must, if requested by Us, return the damaged or defective product to Us.
11.3 If We determine, acting reasonably, that the product is damaged or defective, We will either replace it at Our expense or refund the purchase price to You, at Our election. We will also refund any reasonable return postage costs.
12. Delivery
12.1 Any delivery timeframes listed on Our website are estimates only. We cannot guarantee that Your products will arrive within that timeframe as external factors including, general postal delays, extreme weather events and other circumstances beyond Our control may influence delivery time. When placing an order, You acknowledge that You are doing so with this risk in mind. If You receive Your parcel and it is damaged or missing any product, contact Us as soon as possible to discuss the available options.
12.2 We reserve the right to refuse to deliver any product at any time, for any reason including, that product being out of stock or a choice to stop selling the product. If this occurs, You will be provided with a refund for any amount You paid for the cancelled product.
12.3 We reserve the right to deliver the products in Your order in one or more separate shipments.
12.4 You are responsible for providing a correct delivery address for Your order. If the carrier is unable to deliver to the address provided by You for any reason and You fail to make alternative delivery arrangements with the carrier, the order may be returned to Us. In those circumstances We will try to contact You for further instructions. If We are required to arrange re-delivery, We reserve the right to require You to pay the additional delivery costs before We attempt redelivery.
13. Ownership of Website Content
13.1 Our Website design, layout and graphics are unique to Us. It contains material which is owned by Us or which We use with the owner’s permission. When accessing Our Website, You agree not to reproduce its appearance or content, including, but not limited to, reproduction of Our logo, unless You have obtained Our express permission in the form of Our written consent. Our suppliers also have a range of intellectual property rights in their products and packaging. You undertake that You will not infringe any of those rights.
14.1 In this clause 14, “publish” includes:
(a) displaying on Our Website;
(b) posting on social media;
(c) including in email, SMS communications or other correspondence; or
(d) using in advertising materials in any form in any medium,
and any other grammatical forms of “publish” will have a corresponding meaning.
14.2 Subject to the remainder of this clause 14 and compliance with all applicable laws, We reserve the right to publish any reviews or comments submitted to Us about Our products or business (User Content) in any manner and in any medium We deem appropriate.
14.3 Any User Content published is based on individual experiences by the customer who submitted it. You should keep in mind that each individual may respond differently to Our products, and You should not rely solely on the experience of another customer or expect that Your response to the product will be identical or similar to any other person’s.
14.4 We will take reasonable precautions to ensure that all User Content published by Us is genuine.
14.5 We reserve the right to refuse to publish or to remove any User Content in Our absolute discretion, including where We consider the material to be false or misleading, contrary to Our interests, offensive or unlawful.
14.6 By submitting User Content to Us, You promise that the material is based on Your personal experience and is provided in good faith.
14.7 If You do not want Us to publish User Content submitted by You, You must inform Us at the time of submitting it to Us and We will honour Your request. You may also request for User Content submitted by You to be removed from publication and We will do so if it is reasonably practicable to do so.
14.8 If You submit User Content to Us You are expressly acknowledging that, unless You expressly tell Us at the time of submitting the material, We may use this content publicly on Our Website or on social media or otherwise publish it as We see fit. You also authorise Us to alter or modify the material before publishing it, provided that We do not substantially change its substance or meaning.
15. Contact Us
You may contact Us as follows:
admin@consciousones.com.au