Online transactions terms and conditions

               Last updated: 23 November 2021

             

 

Online Terms & Conditions to purchase Goods and Services from us

These Online Terms & Conditions (T&Cs) govern the creation and use of an Account by you via our website and all digital platforms accessed from https://www.baysideorientalhealingarts.com.au/ (the Website) and any mobile applications (together, the Network), including the terms and conditions that apply to the purchase by you and the supply by us of any and all Goods and Services offered by us through the Network. The Network is owned and operated by Maree Crutch T/As Bayside Oriental Healing Arts ABN 70 306 770 845 (we, our or us). 

 

We encourage you to read these T&Cs carefully.  By clicking the link on our Website to make a purchase of Goods and Services from us, by accessing or using the Network in any way, or by subscribing for an Account with us, you acknowledge and confirm that you have read and understood these T&Cs and agree to abide by these T&Cs. If you do not agree to any of the T&Cs, you must not use the Network.

 

We reserve the right to revise, change or modify these T&Cs at any time by posting new T&Cs on the Network. You are bound by any such revisions and should therefore visit the T&Cs each time you visit the Network to review the current T&Cs by which you must abide.

 

By accepting these T&Cs, you also:

 

  1. agree to our Website Terms & Conditions and our Privacy Policy, which are incorporated herein by reference

  2. warrant to us that you are at least 18 years old or if younger than 18 you have the approval of your parent or guardian. If you are of age with legal capacity, you warrant that you have the legal capacity to enter these T&Cs and have read and understood these T&Cs.

We use a third party payment gateway in relation to the receipt and payment of all Fees.  We have no responsibility for your actions or inactions once you make a payment via the third party, or agree to accept a payment from us via the third party payment gateway, or the actions or lack of actions by the third party payment gateway, other than as stated in these T&Cs.

  1. Definitions

Account means an online account made available to you to enable you to purchase any of Goods and Services.

 

Content means any information or material of any kind published by or made available to us on the Network (including material provided by you for publishing on the Network) including, without limitation, text, graphics, data, images, business, company or trade names, domain names and trademarks, whether registered or unregistered. 

 

Fees means the fees payable to us by you for Goods and Services you have offered to buy from us, including the cost of all delivery fees and any other amounts payable to us under these T&Cs or as set out on the Website.

 

Force Majeure means any event or circumstances beyond the reasonable control of us including any fire, lightning strike, flood, earthquake, natural disaster, sabotage, nuclear contamination, terrorism, war or civil riot that occurs to the extent that it:

 

  1. would be unreasonable to expect us to have planned for, avoided or minimised the impact of such circumstance by appropriate risk management, disaster recovery or business resumption plan

  2. results in us being unable to perform an obligation under these T&Cs on time.

Goods and Services means the goods and services offered for sale by us via the Network.

 

Term means the period from subscription for an Account by you until termination in accordance with clause 6.

 

  1. Purchases

You are required to create an Account in order to purchase any Goods and Services from us.  We will provide a confirmation of Account registration when you register for an Account. It is your responsibility to keep your Account details up to date and confidential.  You are liable for all activity on your Account, including purchases made using your Account details.

 

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate.

 

If you become aware of any unauthorised use of your Account, you agree to inform us immediately in writing.

 

You may buy Goods and Services from us as set out on the Network. We may at our discretion accept or reject an order depending on factors including availability of Goods and Services and our ability to validate payment for Goods and Services.  It is your responsibility to check your order details, including your selected Goods and Services and the Fees before you complete your order on the Network.

 

We will provide you with order details, which may include an order number, the shipping and billing addresses and a description of what was ordered when you order and pay on the Network and your payment has been validated.

 

Please be aware that some of the Goods and Services sold through the Network may not be suitable for children under 18 years of age, so please take extra care when purchasing Goods and Services for children under 18 years of age.

 

You agree to pay us the Fees for Goods and Services you order and any other amounts payable to us under these T&Cs as set out on the Network. All amounts are stated in Australian dollars and are inclusive of GST (where applicable). Changes to wholesale prices and RRP (recommended retail) may occur without notice, and will be updated on the Network without notice.

 

You must pay for Goods and Services ordered by you by one of the methods set out on our Network and via a third party payment gateway. You must not pay, or attempt to pay, for Goods and Services ordered by you through any fraudulent or unlawful means.

 

All purchases are subject to availability. We do our best to keep in stock most of Goods and Services and to keep the Network up to date with the availability of Goods and Services.

 

If there is a considerable delay in dispatching your order, or if for any reason we cannot supply Goods and Services ordered by you when you have ordered them, we will contact you using the contact details provided by you when you placed the order to work out the best way to proceed under the circumstances.  We reserve the right to delay sending you your order if we deem it necessary or for any other reason. Any delivery periods displayed on the Network are estimates only, based on the information provided by third parties to us. We are not responsible for delivery delays. We will deliver Goods and Services ordered by you to the place of delivery you specify when making your order.

 

If you need to change the delivery date or delivery address, please notify us immediately in writing. If you are unable to accept the new proposed delivery date, you may be charged a delivery fee for each additional attempt of delivery.

 

Title of Goods and Services ordered by you will remain with us until you have paid us the Fees in full in accordance with these T&Cs. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest on or over Goods and Services ordered by you.

 

Risk of loss, damage or deterioration to any Goods and Services ordered by you will pass to you once the Goods and Services leave our possession to be sent by us to you. Once risk in the Goods and Services passes, you will be solely responsible for the Goods and Services. We do not provide refunds if the Goods and Services have been delayed.

 

We may from time to time offer promotional discount codes, which may be applicable to certain Goods and Services on our Network. To claim the discount, you must enter the promotional discount code at the time of submitting your order on our Network. The conditions of use relating to any promotional discount code will be specified on our Network at the time it is issued.

 

  1. Consumer Law and Refunds

While the product information and material contained on the Network is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Network.

 

Any information or recommendation contained on the Network is general only and does not constitute medical, health wellness or nutritional advice. You acknowledge that it is not reasonable for you in the circumstances to have, and you are not relying on the information on the Network in deciding to purchase Goods and Services from us and will be relying on your  own  enquiries  and  advice  in  deciding whether our Goods and Services are right for you.  We  accept no responsibility  and will not be liable for any  harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of any  advice, information or recommendation  contained on the Network being inaccurate, incomplete, unsuitable or incorrect.

 

We provide no warranty as to, and to the extent permitted by law expressly disclaim any liability for harm, loss and/or damage that you or any third party may suffer, directly or indirectly, as a result of any of our Goods and Services being unsafe, unsuitable for you or them or unfit for your or their purposes and/or use, because of your or their particular circumstances or condition, and/or the Goods and Services not providing an expected therapeutic or otherwise desired or beneficial effect, improvement or enhancement in physical performance or appearance, even if you disclosed that purpose to us before purchasing the Goods and Services, as you acknowledge that you are not relying on our skill or judgement or the skill or judgement of the manufacturer of the Goods and Services in that regard.

 

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Goods and Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).  Nothing in these T&Cs excludes your Statutory Rights as a consumer under the ACL. We otherwise exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.  In particular,

 

  1. we take no responsibility for, and will not be liable for Goods and Services being unavailable or causing you or any third party who may use or consume the Goods and Services to have an allergic reaction or experience any adverse reactions or ill-effects whatsoever (including but not limited to those requiring hospitalisation), or any other adverse consequences due to a condition which you are experiencing such as pregnancy or any other health condition or ailment, or due to incompatibility with any drugs or supplements which you may be taking, prescribed or otherwise

  2. we take no responsibility for any damage or deterioration to Goods and Services occurring during delivery as a result of heat or any other circumstance beyond our reasonable control and

  3. any delays, failure to deliver, or misdirected delivery of any product alert we release, for any errors in the content of a product alert we release, or for any actions taken or not taken by you or any third party in reliance on a product alert we release.

If you wish to seek repair, resupply, replacement or a refund for any product purchases, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.

 

If you seek a refund under any circumstances, the request must be received in writing by us within 7 days of the order being placed on the site. Refunds will only be available if products are returned to us in a resalable condition. If you are entitled to a refund, we will only give you the refund once evidence of the faulty product is received by us, or we have received the products and inspected them and assessed whether they are eligible for a refund under these T&Cs.  Any refund we make will be by the same payment method used to purchase the products and will be processed through a third party payment gateway.  We will not accept or return any goods that have been used, connected, installed, attempted to be connected or installed, or if your products are custom-made or are special buy.  You must adequately package any products you are returning to us to ensure that it is not damaged during return delivery to us. If products are sent back to us, we are not liable for damage to those products in transit.  If you damage a product, then subsequently return the product, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.

 

We offer exchanges (subject to stock availability) or refunds of Goods and Services for change of mind where we determine (in our sole discretion):

 

  • you have provided the proof of purchase and you purchased the item within 7 days of the request for an exchange or refund

  • the products is in original saleable condition, not used, not worn, not consumed in any way, is undamaged, not tampered with, is unwashed and unaltered

  • the products are not sale items

  • a return and exchanges form is completed if we have requested this and a return authorisation number is issued to you.

Change of mind exchanges or refunds are not allowed for gift vouchers and in any event are at our sole discretion. We reserve the right to refuse an exchange or refund for a change of mind request. We do not cover the cost of delivery for a change of mind return and you must pay for the return postage delivery fee.

 

  1. Limitation of Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Goods and Services.

 

In no event will we be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of our Goods and Services, including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.

 

Despite anything to the contrary, to the maximum extent permitted by law:

 

  • our maximum aggregate liability arising from or in connection with these T&Cs (including the Goods and Services the subject matter of these T&Cs) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the Goods and Services the subject of the relevant claim and

  • we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

 

Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

 

  • loss of, or damage to, Goods and Services, or any injury or loss to any person

  • failure or delay in providing the Goods and Services or

  • breach of these T&Cs or any law, where caused or contributed to by any

    • event or circumstance beyond our reasonable control or

    • act or omission of you or your personnel, and, in any event, any  defect,  error,  omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to Goods and Services.

 

  1. Term and Termination

We reserve the right to refuse supply Goods and Services, terminate or close your Account, terminate these T&Cs, and remove or edit content on the Network at our sole discretion, without incurring any liability to you.

 

You may terminate and/or close your Account at any time by unsubscribing and/or contacting us to request we close your Account.  On receipt of your message during business hours, your Account will be closed and your ability to log in deactivated within 72 hours.

 

The expiry or termination of your Account for any reason will be without prejudice to any rights or liabilities which have accrued prior to the date of expiry or termination of your Account or these T&Cs.

 

  1. Disputes

In the event of any dispute arising from, or in connection with, these T&Cs (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.


If the relevant Parties are unable to resolve the Dispute with 15 Business Days, any Party involved in the Dispute may (by written notice to the other parties) submit the Dispute to mediation administered by the Resolution Institute of Australia, with such mediation to be conducted:

 

  • in good faith

  • in Victoria and

  • in accordance with the Resolution Institute of Australia Mediation Guidelines.


The costs of mediation are to be split between the relevant parties, provided that each party will bear its own costs in relation to the mediation.


If the Dispute has not been settled within 20 Business Days after the appointment of a mediator, or such other period as agreed in writing between the parties, the Dispute may be referred by any party involved in the Dispute (by written notice to the other parties) to litigation.


If the parties do not resolve the Dispute within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

  1. General

You warrant and represent that you have not relied on any term, undertaking, inducement or representation made by, or on behalf of, us which has not been expressly stated in these T&Cs.

 

Except as otherwise agreed in writing these T&Cs form the entire agreement between you and us and supersedes any prior agreement covering the same subject matter and any prior written or oral representations.

 

Any failure or delay in exercising a power or right (either wholly or partially) in relation to these T&Cs does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

 

If a provision of these T&Cs is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable.  If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these T&Cs without affecting the validity or enforceability of the remainder of that provision or the other provisions in these T&Cs.

 

If performance of these T&Cs or any obligation under these T&Cs is prevented, restricted or interfered with by reasons of Force Majeure and we are unable to carry out our obligations we will give you prompt written notice of such event, and then our obligations shall be suspended to the extent necessary by such event. We will use reasonable efforts under the circumstances to remove such prevention, restriction or interference or to limit the impact of the event on our performance and must continue to perform with reasonable dispatch when the Force Majeure is removed.

 

These T&Cs are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.


For any questions and notices, please contact us at: maree@baysideorientalhealingarts.com.au