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Terms and Conditions

DesertPea - Terms and ServicesImportant things you should know

Terms and Conditions

  1. In these terms and conditions, ‘we’, ‘us’ and ‘our’ means DESERTPEA NATIVE AUSTRALIAN SKIN CARE ABN 76 965 598 828 of 2B TE ANAU AVENUE, PROSPECT, SOUTH AUSTRALIA 5082 (trading as DESERTPEA SKIN CARE). Please read these terms and conditions carefully as they apply to your use of this website (‘Website’).
  2. By accessing or using the Website you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
  3. The Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13) or to any user whose use of the Services has been suspended or revoked. If you are under the age of 13, you can use the Services only in conjunction with, and under the supervision of, a parent or guardian.  If you do not qualify, please do not use the Services.  If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms of Use.

Ordering and payment

  1. Orders are placed through our website, and under certain conditions by email.
  2. When you place an order to purchase Merchandise via the website, you are making an offer to us.  No contract for the purchase of Merchandise will come into existence until we have reviewed and accepted your order.  We may decline an order where we believe that we have reasonable grounds for doing so.  We will notify you whether we have accepted or declined your order as soon as we are able to.
  3. Orders are processed within 3 business days unless otherwise advised. We aim for same day processing where possible.  We cannot guarantee dispatch times in situations affected by circumstances beyond our control.  Once the order has been processed, any changes will be treated as a new order.
  4. Unforeseen supply problems or unexpected demand may occasionally result in Merchandise being unavailable.  If there is a delay in shipping your order, we will contact you as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when we ship the Merchandise to you, by notifying us accordingly.
  5. International orders will need to be confirmed before the order is processed, payment is charged, and dispatch is made.  The order will be held until the customer advises the final confirmation.
  6. If any item is short delivered and has been charged for, DESERTPEA NATIVE AUSTRALIAN SKIN CARE will be more than happy to cover the cost of freight in re-sending the goods as soon as possible.  Please note items are not back-ordered and need to be re-ordered at the time they become available.
  7. All orders must be paid for prior to shipping.
  8. The payment methods that we accept from time to time will be described on the Website.  We may apply a surcharge from time to time for the use of certain credit cards, and where we do so this will also be described on the Website. We also accept Direct Deposits.  If you choose to pay via Direct Deposit you will be required to email your official Direct Deposit receipt so that your order can be dispatched promptly.  Orders can be delayed if confirmation is not presented, as we will have to wait for funds to be cleared.
  9. Credit Card transactions are handled by an established third-party banking institution and process agents using a secure connection.

Our account details for direct deposit

  • Bank name: ANZ
  • Account name: Monika Edmonds
  • BSB #: 015142 Acc #: 296647785

Prices and taxes

  1. All prices are quoted in Australian Dollars.  Prices quoted on our website include GST.
  2. GST is applied to all orders within Australia on taxable items including freight.  We cannot waive GST unless required documentation is supplied for Australian orders.
  3. International orders do not incur GST, however, there may be import duties and taxes applicable to the destination of shipment that DESERTPEA NATIVE AUSTRALIAN SKIN CARE cannot be responsible for.  If you have questions about these taxes, please contact your local customs office.
  4. All prices are quoted ex-works and do not include shipping & transportation costs.

Shipping

  1. We will deliver the Merchandise to the place of delivery you specify when making your order.  Title to and risk in the Merchandise will pass to you upon delivery of the Merchandise to this place of delivery.
  2. DESERTPEA NATIVE AUSTRALIAN SKIN CARE sends orders via Australia Post and contracted courier companies unless you require shipping through your own courier. If you wish to use your own courier, we cannot be held responsible for loss or damage once goods leave our warehouse.  Please advise your national / international account number & Adelaide contact details of your courier in the "Special Instructions / Comments" sections with your order.
  3. Freight calculation is based on weight, volume and destination.  We are happy to provide freight quotes before processing payment if requested at the time the order is placed.
  4. DESERTPEA NATIVE AUSTRALIAN SKIN CARE does not charge handling or packing fees unless special legal or specification documents are requested.
  5. All orders must be checked & lodged within 7 days of receipt & any claims, errors, or discrepancies must be reported immediately.
  6. International shipping may require legal documents for export purposes.  Please check with your local shipping agent or customs agent.  Goods being held, stored, or penalties incurred in processing International orders will be passed on to the buyer/importer before the order is dispatched.

Returns and Refunds

  1. Any discrepancies to orders and invoicing must be reported in writing within 14 days of receiving your order.  No returns or exchange will be allowed after 14 days from receipt of your order.  If an error has been made by DESERTPEA NATIVE AUSTRALIAN SKIN CARE with regards to a written order, either invoicing or packing, we will gladly pay for return shipment.  If A customer requires urgent re-dispatch, it will be necessary to pay for goods at the time the re-order is lodged, which will then be credited/refunded when we receive the returned goods.
  2. Should a product or its packaging be faulty DESERTPEA NATIVE AUSTRALIAN SKIN CARE will replace the product in full upon return of faulty item/s and receipt of purchase. NOTE: DESERTPEA NATIVE AUSTRALIAN SKIN CARE does not give refunds for change of mind.
  3. With regards to a faulty product or packaging, where product is unused, the customer is entitled to an exchange.  Where more than 30% of the product has been used, NO refund or exchange can be given.  No exchange or refund applies to gift vouchers.  DESERTPEA NATIVE AUSTRALIAN SKIN CARE is committed to its obligations to consumers under Consumer Law.  Each request for an exchange or refund will be dealt with on its merits in accordance with DESERTPEA NATIVE AUSTRALIAN SKIN CARE legal obligations.
  4. For any problems reported after 14 days which are not the fault of DESERTPEA NATIVE AUSTRALIAN SKIN CARE all return freight is the responsibility of the customer.
  5. All goods/products must be mostly unused when returned to DESERTPEA NATIVE AUSTRALIAN SKIN CARE in order to qualify for a credit or refund.

Disclaimer

  1. Our products and statements made within this website are not intended to diagnose, treat, cure or prevent disease.  The information provided on this website is for educational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional.  More important, because everyone's skin can, and probably will, react to an external stimulus at some time, any product could cause a negative reaction on skin at one time or another.  If you develop skin sensitivity to a cosmetic, stop using it immediately and consult your physician.  If you need medical advice about your skin, consult a dermatologist or physician.  Individuals receiving this information must exercise their independent judgment in determining its appropriateness for a particular purpose or use.
  2. The content of this Site is provided "as is" and without warranties of any kind, either express or implied.  To the fullest extent permissible pursuant to applicable law, DESERTPEA NATIVE AUSTRALIAN SKIN CARE disclaims all warranties, express or implied, including but not limited to implied warranties of merchant-ability, title, non-infringement and fitness for a particular purpose.  DESERTPEA NATIVE AUSTRALIAN SKIN CARE does not warrant or represent that the content on the Site, whether prepared by DESERTPEA NATIVE AUSTRALIAN SKIN CARE or by third parties, is accurate or reliable, that the Site will be free of errors or viruses or that your access to and use of the Site will be uninterrupted or secure.  You understand that any warranties provided in connection with any third-party products described on the Site are provided solely by the third party and not by DESERTPEA NATIVE AUSTRALIAN SKIN CARE.  Your sole remedy for dissatisfaction with the Site is to stop using the Site.  You acknowledge by your use of the Site that your use of the Site is at your sole risk.  DESERTPEA NATIVE AUSTRALIAN SKIN CARE is not responsible for any direct, indirect, incidental, consequential, special, punitive or other damages, whether arising out of contract, negligence, strict liability or other theory, in connection with the Site, the content thereof or the products sold and described thereon, even if advised of the possibility of such damages.  In no event shall DESERTPEA NATIVE AUSTRALIAN SKIN CARE liability to a user exceed the amount paid by the user for accessing the Site or for the purchase of products sold thereon. Furthermore, nothing contained herein should be considered as a recommendation by DESERTPEA NATIVE AUSTRALIAN SKIN CARE as to the fitness for any use.  The liability of DESERTPEA NATIVE AUSTRALIAN SKIN CARE is limited to the value of the goods and does not include any consequential losses.
  3. DESERTPEA NATIVE AUSTRALIAN SKIN CARE shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
  4. DESERTPEA NATIVE AUSTRALIAN SKIN CARE shall not be responsible for any damages resulting from use of or reliance upon this information.
  5. In some instances, the content on the Site represents the opinions of Site users. DESERTPEA NATIVE AUSTRALIAN SKIN CARE does not endorse such opinions.
  6. Customers should always refer to the ingredients label as affixed to each product box, which are current at the time of supply of the product.
  7. DESERTPEA NATIVE AUSTRALIAN SKIN CARE is a wholesaler and retailer of skin care products.  We do not allow re-label our products under your own name/ brand for the purpose of on-selling or retailing.

General restrictions

In using the Website, you must not:

  • Provide us with inaccurate or incomplete information;
  • Violate any applicable laws, or use the Website for any purpose that is unlawful or prohibited by these terms and conditions;
  • Impersonate any person;
  • Distribute viruses, corrupted files, or any other similar software or programs that may damage any computer hardware or software;
  • Collect or store personal data about other users of the Website; or
  • Engage in any other conduct that inhibits any other person from using or enjoying the Website.

Indemnification

You agree to indemnify, defend and hold harmless DESERTPEA NATIVE AUSTRALIAN SKIN CARE from and against any and all claims, damages, costs or other expenses, including all reasonable attorneys' fees incurred at arbitration, on any trial or appeal that arise, directly or indirectly out of or from your breach of this Agreement (including your violation of the Code of Conduct) and/or out of any other of your activities in connection with the Site.  This section will survive the termination of this Agreement for any reason.

Use of Passwords

Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the "Authorised Party").  The password cannot be distributed to others, and the Authorised Party is responsible for any and all damages to DESERTPEA NATIVE AUSTRALIAN SKIN CARE resulting from the distribution of his or her password.  If more than one individual wishes to use a single password belonging to an Authorised Party, such Authorised Party must request permission from DESERTPEA NATIVE AUSTRALIAN SKIN CARE in writing, it being understood that DESERTPEA NATIVE AUSTRALIAN SKIN CARE shall be under no obligation to approve any such request.

Privacy Policy

DESERTPEA NATIVE AUSTRALIAN SKIN CARE’S privacy policy complies with guidelines issued pursuant to the Australian Privacy Act 1988 and amendments thereto

  1. What This Privacy Policy Covers

This privacy policy covers DESERTPEA NATIVE AUSTRALIAN SKIN CARE’S treatment of personally identifiable information collected when you register as a member and purchase product from the online store (Product) and use the DESERTPEA website and services provided through the website.

  1. Information Collected from All Visitors

Visitors to this website who have JavaScript enabled are tracked using Google Analytics. Google Analytics collects the following types of information from users:

  • Type of web browser used
  • Type of operating system
  • Screen colours (colour processing ability of the user’s screen)
  • JavaScript support
  • Flash version
  • Screen resolution
  • Network location and IP address which can include country, city, state, or any other geographic data
  • Host name
  • Bandwidth (internet connection speed)
  • Time of visit
  • Pages visited
  • Time spent on each page of the website
  • Referring site statistics
  • The website (URI) the user came through in order to arrive at this website
  • Search engine keyword/s used

This data is primarily used to optimise our website for our visitors, however, we will use this data for marketing purposes.  An example of how this data could be used for marketing purposes would be to adjust our advertising expenditure based on how many visitors we get to the website, where our visitors come from, and how they arrive at our website.

This data DOES NOT include any personally identifiable information.

  1. Information Collected from Registered Users

DESERTPEA NATIVE AUSTRALIAN SKIN CARE collects personally identifiable information when you use the DESERTPEA website to register as a member and to buy the Product, when you use the Product and related services, and when you visit the DESERTPEA website.

When you complete any online form, we may ask for additional information and you may provide additional information, relating to the Product and any services.

DESERTPEA NATIVE AUSTRALIAN SKIN CARE uses personal information for the following purposes:

  • To customise services for your personal use
  • To deal with requests for services
  • We may combine your data with the data from other users and use the aggregated results to monitor usage of the website, marketing and promotion and to improve the website and our products and services.

DESERTPEA NATIVE AUSTRALIAN SKIN CARE will not use personal information for any un-authorised purpose without your consent.

  1. Information Sharing and Disclosure

DESERTPEA NATIVE AUSTRALIAN SKIN CARE may disclose your personally identifiable information with its associated companies.  DESERTPEA NATIVE AUSTRALIAN SKIN CARE will not sell, rent or otherwise disclose your personally identifiable information to any other third party.

DESERTPEA NATIVE AUSTRALIAN SKIN CARE will only disclose personally identifiable information about you to other companies or people when:

  • You have consented to such disclosure
  • We are required to disclose the information to companies or contractors who work on behalf of DESERTPEA NATIVE AUSTRALIAN SKIN CARE to provide Product or services to you. (These companies or contractors do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us)
  • We are required to disclose such information by law.
  1. Access and Amendment to and Deletion of Your Personal Information

You may gain access to and amend your personal information and preferences at any time by sending an email of your request to native@desertpea.com.au

You may request closure and deletion, or non-renewal of your DESERTPEA membership by sending your request via email to native@desertpea.com.au

  1. Security and Maintenance of Personal Information

Your DESERTPEA membership and personal information is password-protected for your privacy and security.

  1. Changes to this Privacy Policy

DESERTPEA NATIVE AUSTRALIAN SKIN CARE may amend this policy from time to time.  If changes are made to our privacy policy, these will be posted on the website so that you are always aware of what information we collect and how we use it.