Terms & Conditions
Terms of Use
The information contained within this document relates to the Sea Our Beauty Pty Ltd online store, trading under Conserving Beauty. Conserving Beauty is the trading name for Sea Our Beauty Pty Ltd (referred to in these terms and conditions as Conserving Beauty).
Disclaimer
The content of this website is general and is provided for information purposes only. The material on this website is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Conserving Beauty does not give any express or implied warranties and makes no representations in relation to this website. In particular, while reasonable care is taken in its preparation, Conserving Beauty does not guarantee or warrant the accuracy, reliability, completeness or currency of the information on this website or its usefulness in achieving any purpose. Information on this website should not be used without validating that information from appropriate sources and obtaining professional advice where it is prudent to do so. You should make and rely upon your own assessments and enquires to verify the accuracy of the information provided. In addition, to the fullest extent permitted by law, Conserving Beauty does not warrant that the website itself is free from any computer viruses or other defects or that your access to the website will be continuous or uninterrupted. Conserving Beauty accepts no liability arising from your access to this website.
Limitation of Liability
Subject to the provisions of consumer protection legislation that cannot be excluded, Conserving Beauty accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Conserving Beauty will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, Conserving Beauty limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.
Copyright
All content on this website, including text, graphics, logos, photographs, audio and video clips and data compilations is the property of Sea Our Beauty Pty Ltd T/A Conserving Beauty or its content suppliers and protected by Australian and international copyright laws.
Trademarks
Conserving Beauty and all related graphics, photographs, logos, and product and service names are trademarks (both registered and unregistered) of Conserving Beauty or its affiliates in other countries. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Conserving Beauty's express prior written consent.
Licence and Site Access
Conserving Beauty grants you a limited licence to access and make personal use of this site and not to download (other than page caching or to access wholesale inquiry forms designed for downloading) or modify it, or any portion of it, except with Conserving Beauty’s express prior written consent. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Conserving Beauty. You may not use any metatags or any other hidden text using Conserving Beauty’s name or trademarks without Conserving Beauty’s express prior written consent. Any unauthorised use will automatically terminate the licence granted above.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to www.conservingbeauty.com so long as the link does not portray Conserving Beauty, its affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner. If requested by Conserving Beauty, you must remove any hyperlink to this website contained on your website or any other digital content. You may not use any Conserving Beauty logo or other proprietary graphic or trademark as part of the link without Conserving Beauty’s express prior written consent.
Third Party Websites
Conserving Beauty may include links on this website to websites owned by other parties. Conserving Beauty is not in any way responsible for the material contained on these sites, nor is Conserving Beauty responsible for the availability of these sites. Conserving Beauty does not endorse and is not responsible or liable for any content, including advertising or products offered on these sites, nor is Conserving Beauty responsible for any damage, offence or loss caused as the result of visiting these websites. Conserving Beauty recommends that before you visit any website you check that your computer is running up-to-date virus checking software.
Privacy
Personal information provided to Conserving Beauty via this website will be handled in accordance with Conserving Beauty’s Privacy Policy.
Security
Conserving Beauty’s credit card transactions are fulfilled by a banking institution authorised under the laws applicable to this website. When collecting credit card information for online purchases, Conserving Beauty offers secured server transactions that encrypt your information in transit to prevent others from accessing it. All information is stored on a secure server. Your credit card details are encrypted and then removed from our system once your order has been dispatched.
Although Conserving Beauty engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account. You will need to register to use certain parts of this website. When registering, you will be required to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately.
Cookies
If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit Conserving Beauty’s website. Cookies allow Conserving Beauty to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to this website. Conserving Beauty uses cookies to track and collect information about which parts of Conserving Beauty’s site and newsletter (including links to other websites) are being visited by you. Cookies also allow Conserving Beauty to recognise your computer while you are on Conserving Beauty’s site, and to send you to the country of origin and language you selected on your first visit to Conserving Beauty’s site. This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of our website. If you would rather not have this information stored on your computer, you can configure your browser, so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website, including the purchase section.
General
Conserving Beauty may vary these terms and conditions at any time by publishing a revised version of the terms and conditions on this website. The law applicable to this website is the law of the State of Victoria, Australia.
Definitions and Application
In these Terms of Trade, " Conserving Beauty " means Sea Our Beauty Pty Ltd. (ABN 20 644 368 285) trading as Conserving Beauty, 'you' means the organisation or individual who is ordering product on the website, and the "Products" means the Conserving Beauty products which may be ordered on the website. These Terms of Trade apply to any purchase of any Products by you from this website.
Orders
Conserving Beauty reserves the right to refuse any Order. In such case, Conserving Beauty will notify you as soon as reasonably practicable and refund to you any payment that may have been paid in full. All products ordered are for personal use and gifting only. They must not be resold in any form or any place; Conserving Beauty reserves the right to take legal action against unauthorized and unofficial sale of goods.
Prices and Payment
All prices on the website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice. The amount payable to Conserving Beauty for an Order (Order Amount) will be the total of the following amounts:
- except for international (outside Australia) orders, the sum of the price of each Product ordered as indicated on the website at the time of submitting the Order (Product Subtotal);
- the cost of delivery determined in accordance with Delivery stated above, and
- the sum of any other fees which Conserving Beauty levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).
Where the Order is to be delivered to an international (outside Australia) address, the amount of GST will be deducted from the price of each Product ordered. You must pay the Order Amount by credit card at the time of submitting the Order. Conserving Beauty accepts Visa, Mastercard, or American Express. Where the Order is to be delivered to an international (outside Australia) address, you may need to pay customs charges to your local government in addition to the Order Amount. Conserving Beauty provides no advice on what these charges may be. To help you understand the possible custom charges that you may incur you may wish to visit your local customs website.
Liability
Without limiting Conserving Beauty’s legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Conserving Beauty reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:
- withhold supply and dispose of the Products requested in the Order, and/or
- refuse to deal further with you, and Conserving Beauty will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
Subject to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them. Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Conserving Beauty for any loss or damage suffered by you as a result of Conserving Beauty breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.
No Warranty
Subject to the following clauses and to the fullest extent permitted by law, Conserving Beauty gives no warranty in respect of the Products. For consumers the Products come with non-excludable warranties and guarantees under consumer protection legislation, such as that Conserving Beauty is the rightful owner, the Products are reasonably fit for their usual purpose, are of acceptable quality, and match any description or sample. If Conserving Beauty breaches any of these non-excludable warranties or guarantees, you are entitled, at your option, to a refund or replacement of the relevant Products, and to compensation for any reasonable foreseeable loss. You may also have express rights of action against Conserving Beauty under consumer protection legislation if Conserving Beauty supplied defective Products to you that cause you injury, loss or damage.
Force Majeure
If Conserving Beauty is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Conserving Beauty will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
GST
Where Conserving Beauty makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, Conserving Beauty will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply. In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the GST Legislation, 'GST Legislation' means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST Legislation.