Terms Of Use - Lavender Living

Thank you for visiting our website. The Terms of Use listed below are an agreement (the “Agreement”) between Lavender Living Pty Ltd ( the “Owner” or “Lavender Living”) and you ("You" or "User").

1. ABOUT US

This website, www.lavenderliving.com.au ( the “Website” or the “Site”) is owned and operated by Lavender Living™.

The material on the Website is copyright © of Lavender Living. The Lavender Living brand, company and intellectual property is wholly Australian owned and registered with IP Australia. The tagline – “You would not consume toxins, so why apply them?” is registered intellectual property of Lavender Living. To remove any doubt, Lavender Living is the Owner or the licensee of all intellectual property rights on our Site. All such rights are reserved.

The website is available for you to access, conditional on your acceptance without limitation or alteration of the terms and conditions set out below and use for private retail purposes only. You must not use this Website if you do not agree to be bound by this Website’s Terms and Conditions or for wholesale purposes.

Except as otherwise expressly stated on this Website, and to the full extent permitted by law, this Website and all information contained within it regarding or relating to the Owner and its related entities, products and services is provided 'as is' and on an 'as available' basis without any representation or endorsement made and without warranty of any kind, whether expressed or implied.

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2. CONTACTING US

If you suspect misuse of the Site or if you consider your intellectual property has been unlawfully featured on the Site please contact Human Resources by filling out this form.

For general comments on the Site, or to seek permission to do anything prohibited by, or not contained in these Terms, or which requires our prior consent or agreement, you can contact us here.

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3. HOW TO USE THIS WEBSITE

3.1 We reserve the right to withdraw or amend the service we provide on the Site or part of the Site without notice. We will not be liable or responsible if, for any reason, the Site is unavailable at any time or for any period.

3.2 The information and materials on the Site are not intended to amount to advice on which reliance should be placed by you. As such, we disclaim all liability and responsibility arising from any reliance placed on such information and materials by any visitor to the Site, or by any person who may be informed of any of its content.

3.3 You may view the content available on the Site for your own private commercial use. You must not use all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission.

3.4 Except for the limited use set out in these Terms, you may not use the Website, or the material contained on it, for any purpose, including, but not limited to:

3.4.1 the reproduction of the material in any material form;
3.4.2 the distribution of the material in any material form;
3.4.3 the re-transmission of the material by any medium to any other website; 3.4.4 the 'framing' of the material on the Website with other material on any other website.

To remove any doubt, you may not distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Site or any content, files, photos, feeds or data from the Site, whether publically available or not.

3.5 You must not modify or copy:

3.5.1 the layout of the Website; and
3.5.2 any computer software and code contained in the Website.

To remove any doubt, you must not copy, download, or store any content, files, feeds or data from the Site, whether publically available or not, to make or populate a database or publication of any kind whatsoever.

3.6 The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it, vested in it or otherwise. To the full extent permitted by law, the material provided on the Website is provided for personal commercial use only and may not be:

3.6.1 re-sold and/or re-distributed in any material form;
3.6.2 stored in any storage media; and/or
3.6.3 re-transmitted in any media;
without the prior written consent of the Owner.

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4. LINKING

Where the Site and/or applications contain links to other websites, webpages, resources, or mobile services which are proprietary to third parties, other users, advertisers or sponsors; such websites, webpages, resources and mobile services are provided for your information only and you access them at your own risk. We are not liable or responsible for the content or operation of third party websites, webpages, resources or mobile services. You should read any applicable terms and conditions and privacy policies applicable.

You may establish a link to the Site, provided that:

4.1 the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;

4.2 the link does not falsely imply or suggest that we endorse, approve of or are associated with the linked website, its webpages or any of its contents; and

Framing of our Site on any other website is not allowed and you must not provide access to the Site or part of it under any other URL.

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5. REGISTRATION/ USER ACCOUNTS

5.1 Where you are required to register to use the Site or part of the Site, it is your responsibility to provide accurate and complete registration details and to keep such details up to date. We are entitled to rely on any such registration details you provide to us.

5.2 Unless stated otherwise, each registration is for a single user only and not for multiple users. You must keep your registration details confidential.

5.3 You must provide a valid email address when you register for the Site. If you provide an email address to us then you warrant to us that you are entitled to receive email to such email address. You also acknowledge and agree that we may stop sending emails to you without prior notification.

5.4 You are responsible for everything done using your registration details. If you think that another person may have access to, or be using, your registration details, you must inform us immediately.

5.5 We may suspend, terminate or prevent your access to the Site or your registration at our sole discretion. Where we suspend, terminate or prevent your registration, you must not attempt to re-register or submit any content, material or applications without our prior written consent.

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6. PRODUCTS AND SERVICES

6.1 This website contains general information about medical or beauty conditions, and related products, and as such should not be treated as a medical advice. Always read the label as some products may not be right for you. Nothing on this website can be considered a medical advice and you should consult your professional healthcare provider where necessary.

6.2 All content on our Site is for retail, informational, and educational purposes only.

6.3 None of the content or products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions nor to guarantee any particular outcome or results.

6.4 The products and content found on our Site are not intended as a substitute for the advice provided by your physician or other healthcare professional.

6.5 You are responsible for making your own inquiries and seeking an independent advice from a healthcare professional before acting on any information or material made available to you through our Site. Our Services may not be suitable to your particular circumstances.

6.6 You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Services or products.

6.7 If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our products.

6.8 Reviews and testimonials appearing on our Site may not be indicative of the results you achieve. Results may vary and your experience may not be similar to the experience of other users of our Site.

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7. THIRD PARTY CONTENT

We are not liable or responsible for any third party content on the Site. Third party content includes, comments, reviews, blogs, the content of advertisements and content accessed through applications or links.

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8. PHOTOGRAPHY IMAGES

The Photography images ("Photos") on the Website may be subject to other intellectual property rights, such as trademark rights, as well as third party rights in the Photos or in how the Photos are used, such as publicity or privacy rights.

You agree not to download, copy, modify, distribute, perform, display and/or use any Licensed Photos or photographic images available on the Website.

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9. MAINTENANCE OF THE WEBSITE

You acknowledge and agree that from time to time we may need to:

9.1 fix defects and errors in the Site;

9.2 install updates and undertake general diagnosis and maintenance of the Site; and

9.3 undertake emergency maintenance and/or suspend access to the servers and that as a result the Site may be less accessible or unavailable to you from time to time.

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10. PRICING AND PRODUCT INFORMATION ERRORS

10.1 We reserve the right to cancel an order due to any pricing or product information errors displayed due to human error, computer malfunction or for other reason.

10.2 All prices are in Australian Dollars and inclusive of GST, except where a legal exception not to collect GST applies (i.e. some female period related product). Any fees and charges (such as delivery fees and charges) are also inclusive of GST (where applicable and unless otherwise stated).

10.3 Prices for our products are subject to change without notice.

10.4 We reserve the right to modify or discontinue the Service or a Product (or any part or content thereof) without notice at any time.

10.5 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or a Product/s.

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11. MINIMUM ORDER VALUE

Our minimum order value is $10.00.

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12. REASONS FOR WHICH WE WILL CANCEL AND/OR REFUND YOUR ORDER

12.1 We reserve the right to cancel your order, and refund it where applicable, if your order is flagged by our card processing mechanism as potentially fraudulent.

12.2 We will cancel and/or refund your order, or a part of an order, if a product/products is/are out of stock.

12.3 We reserve the right to cancel, at any time before delivery and for whatever reason, an order that it was previously accepted. We may do this for example, but without limitation, where:

12.3.1 Lavender Living’s suppliers are unable to supply Goods that they have previously promised to supply; or due to an event that it is beyond our control; and/or

12.3.2 Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted (see 10.1).

12.4 Where a person subscribes to receive a welcome code, then unsubscribes but subscribes again and uses the same code twice for their following order.

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13. RELEVANT JURISDICTION

13.1 If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

13.2 These Terms of Use will be governed by, and interpreted in accordance with the law of Queensland, Australia, without giving effect to any principles of conflicts of laws.

13.3 You agree to the jurisdiction of the courts of Queensland, Australia to determine any dispute arising out of these Terms of Use.

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14. INTELLECTUAL PROPERTY RIGHTS

14.1 All logos, icons, brand names or service names that are identifying the owner and operator of this Website are our copyright property or our trade marks or service marks.

14.2 All other trade marks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

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15. DISCLAIMER

15.1 We do not warrant, guarantee or make any representation that:

15.1.1 the Website, or the server that makes the site available on the Internet are free of software viruses;

15.1.2 the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

15.1.3 errors and defects in the Website will be corrected.

15.2 We are not liable to you for:

15.2.1 errors or omissions in the Website, or linked sites on the Internet;

15.2.2 delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and

15.2.3 defamatory, offensive or illegal conduct of any user of the Website, whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

15.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
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16. LIMITATION OF LIABILITY
16.1 Lavender Living and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur,  whether directly or indirectly:

16.1.1. in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and

16.1.2 as a consequence of removing any material and/or information from this Website.

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17. GIFT CARDS

17.1 Lavender Living Gift Cards are issued in $AUD and:

  • Should be treated as cash and cannot be replaced if lost or stolen;
  • Will expire after 3 years from the date of purchase/issuing date and cannot be extended;
  • Are not transferable and may only be redeemed by the person to whom the gift card is issued;
  • May only be used for purchases made online at our Website;
  • Cannot be returned or exchanged for cash;
  • Cannot be used to pay any outstanding payments owed to Us; and
  • Cannot be on-sold to third parties.

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18. COMPETITIONS

Each competition will have detailed Terms & Conditions published on the Website.

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19. REWARDS PROGRAM

19.1 You must open an account on our Site in order to be awarded points.

19.2 If you have been flagged by our system for potential fraud in the past you will not be be allowed to open a new account or place an order with us, therefore no points will be awarded retrospectively.

19.3 No cash or gift cards will be issued in lieu of points acquired.

19.4 Points do not have an expiry date, however the vouchers/rewards you receive through our Rewards Program will expire after 60 days from the date of issue.

19.5 If you place an order as a guest no points will be awarded retrospectively.

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20. PRODUCT REVIEWS

20.1. We will allow a maximum of 10 approved reviews per day.

20.2 All reviews must relate to the item/s purchased from our website only.

20.3 Reviews must be honest and cannot be used to insult, defame or be otherwise deceitful.

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21. INGREDIENTS AND NUTRITIONAL INFORMATION

21.1 On our website, we provide information relating to products, ingredients and nutritional information shown on the packaging. However, please note that from time to time products are innovated without notice. For the most accurate information please consult the product box.

21.2. Our Natural | Vegan| Organic| All Toxin & Cruelty Free product information relates to the products on our website in general. For the most accurate information, and whether a product falls into Natural, Vegan or Organic category, or all, consult Product Description and Ingredients tab.

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22. CHANGES TO OUR TERMS OF USE POLICY

We reserve the right to change, and/or modify our Terms Of Use Policy at any time and without notice to you.