WEBSITE TERMS AND CONDITIONS OF USE AND SALE OF PRODUCTS
These are the terms and conditions of use and sale of products (Terms) of My Lilli Pilli Pty Ltd (ACN 610 387 043) on our Website.
1. DEFINITIONS AND INTERPRETATION
In this Agreement, unless a contrary intention is evident:
1.1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.2. Business Day means any day other than a Saturday, Sunday or public holiday in South Australia;
1.3. Loss or Damage means any direct, indirect, incidental, punitive, special or consequential loss or damages of any kind, including, but not limited to, loss of profits, revenue or savings, loss of personal information, damage to reputation or business goodwill, virus to systems, trespass, personal injury, property damage and legal costs and expenses.
1.4. Materials includes, but is not limited to, all content, information, design, layout, appearance, graphics, text, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features of the Website.
1.5. My Lilli Pilli Pty Ltd means “we”, “us” and “our” and includes any employee, servant, contractor, subcontractor, agent, partner, director or officer of Lilli Pilli Pty Ltd.
1.6. Products means the skin care products listed for sale through the Website.
1.7. Product Services means access to the content and information on the Website for the purchase of Products.
1.8. Third Party Links mean other websites, applications and software owned or operated by another person or body.
1.9. Website means the website owned and operated by My Lilli Pilli Pty Ltd and located at http://www.lillipilli.com.au.
2. USE OF THE WEBSITE
2.1. Welcome to our Website. The Website allows you to browse and purchase the Products. You will also have access to the Product Services. By using our Website to access our Product Services, you acknowledge that you have read, understood and agree to be bound by this Agreement. If you do not agree with the Terms of this Agreement, you must cease using the Website immediately.
2.2. You must not use the Website for any illegal and/or unauthorised purposes. You must not post any defamatory, obscene or intimate materials or harass or cause distress to any person or disrupt the Website in any way. You must not change, add, remove, deface, hack or interfere with our Website or any material displayed on the Website. If you breach this Agreement, we may immediately terminate your use of the Website.
3. INTELLECTUAL PROPERTY RIGHTS IN THE WEBSITE
3.1. All intellectual property rights in the Website and Materials are owned or licensed by us and reserved by us.
3.2. We grant you a worldwide, non-exclusive, royalty-free revocable licence to print pages from the Website for your personal and non-commercial use. Otherwise, you are prohibited from any reproduction of the Website or Materials other than in accordance with this Agreement.
4. THIRD PARTY LINKS
We may include Third Party Links to enhance the functionality of our Website. We have no control over those Third Party Links. We do not make any warranties in relation to them. You use those Third Party Links at your own risk. You must read and agree to the terms and conditions governing the use of those Third Party Links.
5. ADVICE AND INFORMATION
Information on the Website in relation to our Products and Product Services is for general use only. We do not make any representations or give any warranty as to the accuracy or completeness of information on the Website. Your personal situation has not been considered when providing the Information. Reliance on the information is at your sole risk and you must seek independent professional or medical advice. We will not be liable for any Loss or Damage suffered as a result of any person’s reliance on information we provide on our Website, except as required by law.
6. GUEST OR REGISTRATION OF ACCOUNT
6.1. If you are a guest submitting an order for Products through the Website, we will send you an email confirming your order.
6.2. You are also welcome to register an account through the Website. As a guest or account holder, we will require your personal information including:
6.2.1. email address;
6.2.3. mailing address;
6.2.4. telephone number;
6.3. You warrant that your personal information is accurate, correct and up to date. If there are changes to your personal information, you must notify us as soon as possible at firstname.lastname@example.org.
8.1. You agree to pay us the purchase price for the Products listed on the Website. You acknowledge and agree that we may vary our prices at any time and notice is giving by posting the updated price on our Website.
8.2. We accept payments by PayPal, Stripe, AfterPay and other credit providers.
8.3. You warrant that you have read and agreed to the terms and conditions of any payment gateway or processor or credit provider. We will not be liable for any Loss or Damage arising out of your use of those facilities.
9. REFUND AND REPLACEMENT PROCEDURE
9.1. You may cancel your order for Products no later than seven (7) hours after placing the order. We will confirm the cancellation by email and provide a full refund. If you change your mind and cancel your order for Products later than seven (7) hours, we will have commenced processing your order and cannot provide a refund.
9.2. If the Products delivered to you are defective in any way, please contact us at email@example.com to arrange a replacement of the Products or a refund.
10. DISCOUNTS AND COUPON CODES
10.1. We may at times offer discounts or coupon codes only on full-priced Products unless otherwise stated.
10.2. Discounts and coupon codes are available for the stated time, or for a period of five (5) Business Days from the date the offer was first made, or until stocks last (whichever occurs first).
10.3. Coupon codes cannot be transferred or redeemed for cash under any circumstances.
10.4. We reserve the right to revoke any discount offer or coupon code at any time without notice.
11. GIFT VOUCHERS
11.1. We sell gift vouchers on our Website. We will deliver the gift voucher to the nominated email address and it may be redeemed for Products sold on our Website.
11.2. As purchaser, you are responsible for ensuring the gift voucher is stored securely and given only to the intended recipient.
11.3. Gift vouchers will not refunded or redeemed for cash in any circumstances.
11.4. Gift vouchers can be redeemed for Products sold on our Website for a period of one (1) year from the date of purchase and will expire after that date.
12. POSTAGE AND DELIVERY
12.1. You agree to pay the postage fees listed on the Website for delivery of your Products. We use the services of Australia Post to post Products within Australia. We may also use other delivery service providers to deliver our Products to you.
12.2. When our Products have been packed, we send you an email confirming the Products are ready for delivery. When the Products are posted, we will send you an email with tracking information. The email may also include the expected time of delivery of the Products. You agree that we will not be liable for any delay in dispatch of your Products.
12.3. Our delivery service providers may change their fees from time to time. You agree that we can vary the postage fees applicable to orders for Products at any time on notice given by listing the updated postage fees on the Website.
12.4. We process all orders for Products within two (2) Business Days of receipt of payment. We use our best endeavours to dispatch Products on the same Business Day or the next Business Day.
12.5. If you give us an incorrect address for delivery of the Products and the Products are returned to us, we reserve the right to require you to pay further postage fees for any delivery of the Products to the correct address. In the alternative, we may issue a refund less any postage fees paid for the unsuccessful delivery of the Products.
12.6. If Australia Post or other delivery service provider has lost or damaged the Products in transit, you agree our liability is limited to any compensation we are able to recover from Australia Post or other delivery service provider, less our reasonable costs in seeking compensation, unless otherwise required by law.
12.7. Risk in the Products passes to you on delivery to your nominated address or any authorised Australia Post office.
12.8. If we accept a return of any Products, risk in those Products will revert to us when we confirm receipt of the returned Products.
13. INTENDED USE OF PRODUCTS
You agree the Products and Product Services are to be used for their intended purpose as described on the Website. If you use the Products and Product Services for any other purpose, you assume full responsibility for any Loss or Damage arising out of that improper use of the Products and Product Services.
14. INTELLECTUAL PROPERTY RIGHTS IN THE PRODUCTS
You acknowledge and agree that all intellectual property rights in the Products and Product Services owned by us including before and after this Agreement remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights in the Products and Product Services to you.
15. AUSTRALIAN CONSUMER LAW AND LIMITATION OF LIABILITY
15.1. Our Website, Products and Product Services come with guarantees, warranties, conditions and representations that cannot be excluded under the Australian Consumer Law. We exclude all other guarantees, warranties, conditions and representations to the maximum extent permitted by law. We specifically exclude liability for negligence.
15.2. Wherever possible, our liability for breach of any guarantee, warranty, condition and/or representation is limited, at our option, to:
15.2.1. replacement of the Product;
15.2.2. refund of the price paid for the Product.
15.3. We exclude liability for any Loss or Damage arising from your access and use of the Website, Products and/or Product Services, except where we are unable to limit or exclude such Loss or Damage under the Australian Consumer Law.
We may modify or vary this Agreement at any time by publishing a copy on the Website. The changes will take effect immediately this Agreement is published on the Website.
If a court of competent jurisdiction deems any part of this Agreement is unenforceable, invalid, illegal, void or voidable, that part will be severed, and the remainder of this Agreement remains in force.
We may terminate this Agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving notice of termination, we will refund any amounts paid by you in respect of undelivered Products.
19. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws in force in South Australia and the Commonwealth and the parties agree to submit to the exclusive jurisdiction of the courts of South Australia.
Latest Revision: 13 October, 2021