Terms & Conditions of Purchase
Thank you for making a purchase with Botanicals By Luxe. These Terms and Conditions govern your purchase.
By clicking “accept” you agree to these Terms and Conditions.
1. Purchase Services
1.1 The Website is operated by RC and NJ Connolly Pty Ltd (ACN 637 087 542) t/a Botanicals By Luxe of 8 Chester Street, Newtown, Victoria 3220 (‘Botanicals By Luxe’). Access to and use of the Website, or any of its associated Products or Services, is provided by Botanicals By Luxe.
1.2 The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
2. Personal Information
2.1 When purchasing a Product, you will be required to provide personal information such as your name, address and e-mail address.
2.2 You agree that all details that you have provided in completing the purchase are true and correct.
3. Purchase of Products
1.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
1.2 Payment of the Purchase Price may be made through Paypal, AfterPay, ShopPay and credit card, or any other payment option available from tme to time (the 'Payment Gateway Providers')
1.4 Following payment of the Purchase Price being confirmed by Botanicals By Luxe, you will be issued with a receipt to confirm that the payment has been received and Botanicals By Luxe may record your purchase details for future use.
1.5 Botanicals By Luxe reserves the right to accept or reject your order for any reason, including if the requested Product is not available.
1.6 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
2. Gift Cards
2.2 Gift Cards are redeemable within 36 months of the date of purchase unless otherwise stated.
2.3 Gift Cards can be used to purchase nominated Products for sale on the Website unless specified by Botanicals By Luxe.
3. Returns and Returns
3.1 Botanicals By Luxe wants you to be satisfied with your Product. If you have any issues with Botanicals By Luxe Products, please email email@example.com.
3.2 If you have received the incorrect item or make an error when ordering a full priced item, Botanicals By Luxe will provide a refund on the return of the item. To request a refund and organize a return please email firstname.lastname@example.org with your proof of purchase and photographs of the Product you have received within 5 business days of receiving the Product. The returned Product must be unopened, be in its original packaging and its original saleable condition. You are liable for all shipping costs incurred when returning the Product back to Botanicals By Luxe.
3.3 Botanicals By Luxe will exchange Products if they are defective or damaged. To request an exchange and organize a return please email email@example.com with your proof of purchase and photographs of the Product you have received.
3.4 To return your Product, you should mail your Product to: Botanicals By Luxe, 20 James Street, Geelong VIC 3220. The purchase amount will be refunded via the payment method used for the initial purchase.
3.5 Botanicals By Luxe does not provide refunds for change of mind.
3.6 Botanicals By Luxe does not provide refunds for sale items, for any reason.
3.7 Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.
3.8 In the following situations, no refund or return will be available:
a. Denied acceptance of delivery by receiver;
4. 1 Orders for Products received before 12pm AEST will be dispatched the same day. Orders received after 12pm AEST will be dispatched on the next business day. Orders received on public holidays will be dispatched on the next business day.
4. 2 Free standard delivery within Australia is available for Orders over AUD$149. The threshold for free delivery is calculated after any promotions and discounts are applied. Free delivery is not available for Orders delivered outside Australia.
4.3 You acknowledge that the Purchase Services offered by Botanicals By Luxe integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
4.4 In providing the Purchase Services, Botanicals By Luxe may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Botanicals By Luxe is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
4.5 Botanicals By Luxe currently ships internationally to New Zealand, Canada, USA and UK locations serviced by the relevant Service Delivery Providers. You are responsible for any applicable taxes and fees payable in overseas markets such as, but not limited to import duties, inspection fees, quarantine fees, Goods & Services Tax/Value Added Tax. Botanicals By Luxe will not be held liable for any such expense.
4.6 In the event that an item is lost or damaged in the course of the Delivery Services, Botanicals By Luxe asks that you:
5. Luxe Crew Loyalty Rewards Program
1.1 Botanicals By Luxe offers a complimentary Luxe Crew Loyalty Rewards Program (‘Luxe Crew Rewards Program’) administered through Smile.io (the ‘Rewards Program Service Provider’). Benefits of the Luxe Crew Rewards Program can only be used for online purchases. Rewards points are valid for 12 months only.
2.1 Botanicals By Luxe Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
2.2 If you have received a Product that you believe is faulty or defective, please contact firstname.lastname@example.org with photographic proof.
3. Mailing List and SMS List
3.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
3.3 If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Botanicals By Luxe.
3.4 You can opt out at any time by following the unsubscribe process contained in the e-mail or e-mailing email@example.com.
5. Force Majeure
5.1 If circumstances beyond Botanicals By Luxe’s control prevent or hinder its provision of the Products, Botanicals By Luxe is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Botanicals By Luxe may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
5.2 Circumstances beyond Botanicals By Luxe’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
1.1 You agree to indemnify Botanicals By Luxe, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
The Purchase Services offered by Botanicals By Luxe is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
3. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
4. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.