TERMS & CONDITIONS
Thank you for visiting our website. This website is owned and operated by Clemence Organics Pty Limited (ABN 21 617 268 050). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means Clemence Organics Pty Limited.
-
REGISTRATION
You may checkout as a guest or be a registered account holder to place orders on our website.
When you register and activate your account, you will provide us with personal information such as your name, email address and password. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
You are responsible for keeping your password secure and for all use and activity which takes place in connection with your account.
To create an account, you must agree and undertake to use the website in accordance with these Terms.
-
COLLECTION NOTICE
We collect personal information about you in order to, for example, respond to your enquiry, create your account, send you our newsletter, process your order and for purposes otherwise set out in our Privacy Policy.
We may disclose your information to third parties that help us deliver our products and services (including information technology suppliers, couriers, logistics service providers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products or services to you. We do not generally disclose your personal information to recipients that are located outside of Australia.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy procedures or practices, please contact us by email to sales@clemenceorganics.com.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
-
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
-
PAYMENT
Payments may be made by credit/debit card or via a payment gateway, such as PayPal or AfterPay. You warrant that any credit/debit card being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. If the issuer of your payment card or the payment processor does not authorise payment to us, we will not be liable for any delay or non-delivery.
-
DELIVERY / SHIPPING
Standard free delivery in Australia takes 3 to 10 business days and express shipping takes 1 to 2 business days. When you place an order you will receive a reply e-mail acknowledging that your order has been received and your payment has been processed. You will also receive a tracking number so you can monitor your order’s delivery progress. In the unlikely event of delivery problems at our end, we will keep you informed by e-mail of expected dispatch dates.
-
RETURNS/ EXCHANGES
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you take delivery of a package and in the unlikely event the contents have been damaged in transit, or are defective or incorrect, please contact us by e-mail (sales@clemenceorganics.com) as soon as possible to inform us of your wish to return your goods. You must include your original order number, with your name and address.
It is your responsibility to meet the costs of returning the goods to us, and to take care that they are not damaged while in your care or in transit.
We strongly recommend that an insured or registered postal service is used for returns as we are not responsible for items lost or damaged in transit.
Once the item has been received, inspected and approved, we will exchange the product or issue a refund for the purchase amount in the same manner the original order was paid. We will also refund the postage cost of returning the item to us. However, if the problem with the product was a major failure, you can choose whether to receive a refund or a replacement, or ask for compensation for any drop in value of the product.
Change of Mind: Please note that, given the nature of our products, we do not provide refunds or exchanges where you have changed your mind about a purchase unless the product is unused, sealed and in a re-saleable condition. Please email your request to return your product to sales@clemenceorganics.com and we will send an address for you to send your unopened product(s) to us. We must receive returned product(s) within 30 days of your order together with a copy of your sales invoice / order confirmation. Please note that shipping a return is at your own cost and we are unable to refund your original order’s shipping cost.
NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE THE STATUTORY GUARANTEES AND OTHER LEGAL RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
-
LINKED SITES
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
-
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server or location and publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
-
UNACCEPTABLE ACTIVITY
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
using this website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
-
WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
The information which is provided on this website is not intended to be medical advice, nor does it replace professional medical advice, diagnosis or treatment.
Our products should not be used to treat, cure or prevent any medical condition and should not be used for therapeutic purposes (unless the product has been entered on the Australian Registrar of Therapeutic Goods).
We make no guarantee as to the results that you may experience from using our products or the information we make available on our website. The results you experience from using our products will depend on many factors, including but not limited to your age, gender, skin type and condition, concomitant products used, health history, where you live (climate, humidity), lifestyle and diet.
Please check with your health practitioner before making any changes to your diet or taking supplements or herbs, especially if you are pregnant or have a health condition. Always read instructions for use carefully.
If you rely on any of the information provided on this website, you do so at your own risk.
-
LIABILITY
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to- date.
-
JURISDICTION AND GOVERNING LAW
Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
-
DISCLAIMER
The information which is provided on this website is not intended to be medical advice, nor does it replace professional medical advice, diagnosis or treatment.
Our products should not be used to treat, cure or prevent any medical condition and should not be used for therapeutic purposes.
We make no guarantee as to the results that you may experience from using our products or the information we make available on our website. The results you experience from using our products will depend on many factors, including but not limited to your age, gender, skin type and condition, concomitant products used, health history, where you live (climate, humidity), lifestyle and diet.
Please check with your health practitioner before making any changes to your diet or taking supplements or herbs, especially if you are pregnant or have a health condition. Always read instructions for use carefully.
If you rely on any of the information provided on this website, you do so at your own risk.
-
SUBSCRIPTION PROGRAM TERMS & CONDITIONS
- Customers can sign up to receive a regular supply of Products automatically delivered every 30, 60 or 90 days, as chosen by the customer.
- Receive a 10% discount, when subscribing to any full price single product.
- Subscriptions are billed and delivered automatically at the chosen frequency and relevant to the original order date on a recurring basis.
- Each payment is automatically billed to the customer's nominated credit card prior to delivery of the relevant Products.
- Only one payment method may be used against all subscriptions in a customer's account.
- Adjust, skip or cancel any time.
- No other offer, discount or promotion is valid when subscribing
- We currently offer credit cards (Visa, Mastercard or American Express) and PayPal as payment methods to purchase Subscription products.
- If an order fails to capture payment, or the credit card is declined - an email will be sent out notifying the customer. Every 3 days we will attempt to debit the payment details linked to your Subscription. After three unsuccessful attempts, we will cancel your subscription. Customers will only be notified of the failed payments on the first and last attempt.
- Clemence Organics accepts subscription returns provided they meet the requirements of our returns policy.
- Clemence Organics reserves the right to modify product prices on our website at any time. Product price modifications will be applied to subscription renewals at the point at which they are applied to the website.
- For more information on our subscription program, please contact our Customer Care team at sales@clemenceorganics.com.
-
MOBILE TERMS OF SERVICE
The Clemence Organics mobile message service (the "Service") is operated by Clemence Organics (“Clemence Organics”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Clemence Organics’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Clemence Organics through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Clemence Organics. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18448998274 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Clemence Organics mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18448998274 or email sales@clemenceorganics.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
-
REVIEW TERMS
By submitting a review to Clémence Organics, you are expressly accepting these Review Terms. You represent and warrant that, when submitting reviews, you are acting for purposes relating to your trade, business, craft or profession. When acting on behalf of your employer or a business, you represent and warrant that:
- a. you have full legal authority to bind your employer or that business; and
- b. you agree to these Review Terms on behalf of the business that you represent.
Submitting a Review
You can only submit a review if you have:
- a. purchased a product directly from Clémence Organics or
- b. been provided with a free sample of the product directly from Clémence Organics.
You can only submit one review per product even if you have bought more than one unit of the product. Reviews must be submitted from a form on the relevant product page of our the website. Your review must contain your first-hand experience of using the product and must be genuine, truthful, and accurate.
Your review must provide:
- a. Full experimental details
- b. A star rating (1-5)
- c. Your first name and surname, which you agree to be published on the website and within marketing emails.
Moderating Reviews
Clémence Organics has the right (but not the obligation) to moderate, edit or amend any material submitted as part of a review (including making any necessary changes or additions to ensure that the review is compliant with all applicable laws).
If Clémence Organics believes that any submitted information is incorrect, inconsistent or an image is not of a high enough quality, Clémence Organics may request further information, or request that you amend your review before it is accepted for publishing.
Clémence Organics reserves the right, at its sole discretion, to not publish a review if:
- a. in its reasonable opinion, it is scientifically incorrect
- b. it does not contain all information required
- c. its content is in breach of the provisions these terms or
- d. it is a duplicate review and/or contains duplicate images
Clémence Organics reserves the right to remove a review from the Website without notice after publication at its sole discretion.
Review content
By submitting a review you represent and warrant that your submission complies with our Website Terms of Use, and:
- a. you own the content (including images) or have been granted the necessary rights to submit the content (including images) to Clémence Organics;
- b. you have not submitted the content (including images) to Clémence Organics previously;
- c. the content (including images) is not defamatory and does not infringe any applicable laws;
- d. use of the content (including images) by Clémence Organics will not infringe any third-party rights (including but not limited to intellectual property rights);
- e. the content (including images) does not contain any false, misleading, harmful or unlawful material; and By submitting a review, you grant Clémence Organics, its affiliates, licensees and distributors, a perpetual, worldwide, irrevocable, royalty-free, sublicensable and transferable right to use, reproduce, copy, modify, adapt, edit, delete in part or in its entirety, publish, translate, create derivative works from, publicly display, sell and/or distribute your review and any material submitted to Clémence Organics (including any images) in any media for any purpose whatsoever (including but not limited to advertising and commercial purposes). You acknowledge and agree that Clémence Organics shall be entitled to bring claims and proceedings against any third party on your behalf with respect to any misuse of your review by a third party (including, but not limited to, unauthorised use of the review). If Clémence Organics commences proceedings against a third party, you acknowledge and agree that Clémence Organics shall be entitled to claim against that third party for (amongst other things) any loss suffered or likely to be suffered by you. Clémence Organics shall be entitled to deduct any and all reasonable costs incurred in pursuing such proceedings from any damages awarded in respect of such claim, and shall remit to you any remaining amounts of any damages awarded in respect of loss suffered by you in respect of such claim following such deduction.
You agree not to share your review or associated images with any other third parties without the prior written agreement of Clémence Organics.
Clémence Organics Loyalty Program
Once your review is published on the Website, you will be entitled to receive a reward (Reward points) in accordance with the Clémence Organics Loyalty Program. Reward points will appear in your account, redeemable for discounts off future Clémence Organics orders.
General
We may withhold or remove any Reward points if any of the following apply:
- a. if you fail to comply with any provision of these Review Terms;
- b. your review is not published in accordance with paragraph 13; or
- c. if Clémence Organics believes you have included any defamatory, false, misleading, harmful or unlawful content in your review.
Clémence Organics only uses your personal information in accordance with its privacy policy. Clémence Organics reserves the right to amend these Review Terms from time to time, and the Review Terms published on the Website when you submit a review will apply to you.
If any provision of these Review Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.
These Review Terms and the documents referred to herein constitute the entire agreement and understanding between you and Clémence Organics relating to the subject matter of this Agreement and supersede any previous agreement or understanding between you and Clémence Organics in relation to such subject matter.
Clémence Organics failure to insist upon or enforce strict performance of any condition shall not be construed as a waiver of any provision or right.
Last Updated: 19 April 2024
