Effective Date: 29/10/2024
Welcome to the Amanda’s Herbs website www.amandasherbs.com.au Please carefully review these Terms and Conditions, as they apply to your access to and use of the website, as well as your purchase of any products or services provided through it. By using our site, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.
- Definitions
In these Terms:
- “Amandas Herbs” refers to the registered business entity based in Australia, inclusive of any affiliates, licensors, or successors.
- “User” or “Customer” refers to you, as the individual or entity accessing and using the Amandas Herbs website.
- “Site” refers to the Amandas Herbs website, accessible at www.amandasherbs.com.au
- “Products” refers to the skincare, wellness, and other items offered by Amanda’s Herbs.
- Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed under the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia, for any disputes or claims arising from these Terms. If you are accessing our services from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
- Acceptance of Terms
By accessing our Site, creating an account, or purchasing any Product, you signify that you accept these Terms and Conditions. If you do not agree with any of these terms, you must not use the Site or purchase Products from Amanda’s Herbs.
- Eligibility
To make a purchase or create an account, you must be at least 18 years old and possess the legal authority to form a binding contract. By creating an account, you confirm that all information provided is accurate, complete, and current.
- Important Information for Amanda’s Herbs Customers
Product ingredients may vary from time to time due to changes by our suppliers. While Amanda’s Herbs makes every effort to update ingredient lists on our Site, there may be a short delay between supplier notifications and updates to our website. For the most accurate and up-to-date ingredient information, refer to the product packaging received.
5.1 Disclaimer for Allergies and Sensitivities
Amanda’s Herbs products may contain ingredients that can cause adverse reactions in sensitive individuals. We advise customers to conduct a patch test or review ingredients for potential allergens before use. If you have specific allergies or sensitivities, please review the ingredient list each time you reorder a product, as ingredients may have changed.
- Pricing, Availability, and Errors
Amanda’s Herbs reserves the right to modify pricing and availability of any Product at any time without prior notice. While we make every effort to ensure accurate pricing, typographical errors may occur. In such cases:
- If a product’s correct price is higher than the price displayed, we may, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of the cancellation.
- We reserve the right to cancel any orders placed for Products listed with incorrect information.
6.1 Currency and Taxes
All prices listed on the Site are in Australian Dollars (AUD). For international orders, any taxes, duties, or additional fees incurred for customs clearance are the responsibility of the Customer.
- Promotions and Offers
Amanda’s Herbs may offer special promotions or discounts for limited periods. Promotions are subject to availability and cannot be combined with other offers unless explicitly stated. We reserve the right to:
- Modify or discontinue promotions without notice.
- Impose conditions or limitations on promotions, including minimum purchase amounts, location restrictions, and time limits.
Note: Expiry dates for promotional offers are based on Australian Eastern Standard Time (AEST).
- Intellectual Property Rights
All content on the Site, including trademarks, logos, designs, text, graphics, photos, and software, is owned by or licensed to Amanda’s Herbs. Unauthorized use, reproduction, or distribution of this content is prohibited.
8.1 Limited License
Amanda’s Herbs grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. Any use beyond this limited license, including commercial use or alteration, is strictly prohibited.
8.2 Trademarks
All Amanda’s Herbs trademarks, logos, and trade names are property of Amanda’s Herbs. Use of any Amanda’s Herbs trademark without explicit written permission is prohibited.
- User Accounts
9.1 Account Creation and Security
When creating an account, you agree to provide accurate, current, and complete information. You are responsible for safeguarding your account information, including your password. Any unauthorized access or security breach should be reported to Amanda’s Herbs immediately. Amanda’s Herbs is not liable for damages arising from unauthorized access due to compromised security on your part.
9.2 Account Termination
Amanda’s Herbs reserves the right to suspend or terminate any account without notice if it is suspected of violating these Terms, engaging in fraudulent activities, or other misuse.
- Ordering and Payment
10.1 Order Acceptance
After placing an order, you will receive an email confirming receipt. This does not indicate acceptance of your order. Amanda’s Herbs reserves the right to accept, decline, or cancel any order, with full reimbursement of any payment made. Acceptance is confirmed only once the Product is dispatched.
10.2 Payment Terms
Orders must be paid in full at the time of checkout. We accept major credit cards, debit cards, and other payment methods as specified on the Site. Payment is subject to validation and authorization checks by your payment provider.
- Shipping and Delivery
11.1 Shipping Information
Shipping costs and estimated delivery times are displayed at checkout. Amanda’s Herbs makes every effort to ensure accurate shipping estimates but is not liable for delays beyond our control, such as customs holds or postal service delays.
11.2 International Shipping and Customs
For international orders, you are responsible for any customs duties, taxes, or fees. Customs procedures may delay delivery, and Amanda’s Herbs has no control over customs processing times or additional charges.
11.3 Lost or Damaged Shipments
If your shipment is lost or damaged, please contact us immediately. Claims for lost or damaged items must be reported within seven (7) days of delivery. Amanda’s Herbs may, at its discretion, offer a replacement or refund.
- Returns, Refunds, and Exchanges
12.1 Return Eligibility
Items eligible for return must be unused, in their original packaging, and returned within 30 days of delivery. Opened or damaged items are not eligible for a refund.
12.2 Return Shipping Costs
Customers are responsible for the shipping costs associated with returning items, except in cases where the product is deemed faulty. If a product is confirmed as faulty by Amanda’s Herbs upon inspection, we will reimburse reasonable return shipping costs. For all other returns, return shipping costs remain the responsibility of the customer.
12.3 Refund Process
Refunds are processed within 14 days of receiving the returned item in satisfactory condition. Refunds will be issued to the original payment method used at checkout.
12.4 Non-Returnable Items
Products marked as “final sale” or “non-returnable” are not eligible for returns or exchanges
- Warranties and Limitation of Liability
13.1 Product Warranties
Amanda’s Herbs offers no warranties regarding the fitness, suitability, or efficacy of any Product beyond the manufacturer’s guarantee, if applicable.
13.2 Limitation of Liability
To the maximum extent permitted by law, Amanda’s Herbs is not liable for:
- Any direct, indirect, special, or consequential damages.
- Loss of profits or data resulting from the use of the Site or purchase of any Product.
- The maximum liability for any Product shall not exceed the amount paid for the Product.
- Privacy and Data Security
Your privacy is essential to us. We adhere to Australian privacy laws in collecting, storing, and processing your data. Please review our Privacy Policy for full details.
14.1 Use of Third-Party Processors
Amanda’s Herbs uses third-party processors for payment, marketing, and analytics. By using our Site, you consent to the transfer and processing of your data by third parties.
- Force Majeure
Amanda’s Herbs is not liable for any delay or failure to perform due to events outside our reasonable control, including natural disasters, pandemics, governmental restrictions, strikes, or supply chain interruptions.
- Dispute Resolution
16.1 Informal Resolution
In the event of a dispute, claim, or controversy arising out of or relating to these Terms, Amanda’s Herbs and the Customer agree to first attempt to resolve the matter informally. Please contact us at Amanda@amandasherbs.com.au with a detailed description of your concern.
16.2 Mediation
If the dispute cannot be resolved informally, both parties agree to submit the matter to mediation conducted by a neutral third-party mediator based in New South Wales, Australia. Both parties will share the costs of mediation equally.
16.3 Binding Arbitration
Should mediation fail, the dispute will be resolved by binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration will be conducted in English, and the arbitration award will be final and binding on both parties, enforceable in any court of competent jurisdiction.
16.4 Waiver of Class Action
All disputes must be resolved on an individual basis, and you agree not to participate in a class, collective, or representative action against Amanda’s Herbs.
- Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, such provision shall be severed, and the remainder of the Terms shall remain valid and enforceable.
- Modifications to Terms and Conditions
Amanda’s Herbs reserves the right to modify these Terms and Conditions at any time. Changes will be posted on the Site, and continued use of the Site following any changes constitutes acceptance of the new Terms.
Contact Us
If you have any questions or concerns regarding these Terms and Conditions, please contact us at amanda@amandasherbs.com.au