TERMS AND CONDITIONS
- In these terms and conditions, “we”, “us” and “our” means DESERTPEA Pty Ltd ABN 94 133 252 445 ACN 133 252 445 of 23 ROBERTS STREET BIRKENHEAD SA 5015 (trading as DESERTPEA SKIN CARE). Please read these terms and conditions carefully as they apply to your use of this website (“Website”).
- 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.
Ordering and payment
- Orders can be placed through our website, by email, or telephone. In order to avoid communication errors we strongly recommend that orders be placed in writing via our website or email. We guarantee the accuracy of written orders, however, we accept no responsibility for errors as a result of verbal miscommunication.
- 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.
- 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.
- 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.
- 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.
- If any item is short delivered and has been charged for, DESERTPEA PTY LTD will be more than happy to cover the cost of freight in resending the goods as soon as possible. Please note items are not backordered and need to be re-ordered at the time they become available.
- All orders must be paid for prior to shipping.
- 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.
- 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: PEOPLE CHOICE CREDIT UNION
- Account name: DESERTPEA PTY LTD
- BSB #: 805 050 Acc #: 9999 2895
Prices and taxes
- All prices are quoted in Australian Dollars. Prices quoted in our website include GST.
- 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.
- International orders do not incur GST, however, there may be import duties and taxes applicable to the destination of shipment that DESERTPEA PTY LTD cannot be responsible for. If you have questions about these taxes please contact your local customs office.
- All prices are quoted ex-works and do not include shipping & transportation costs.
- 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.
- DESERTPEA 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.
- 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.
- DESERTPEA does not charge handling or packing fees unless special legal or specification documents are requested.
- All orders must be checked & lodged within 7 days of receipt & any claims, errors, or discrepancies must be reported immediately.
- 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
- 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 PTY LTD with regards to a written order, either invoicing or packing, we will gladly pay for return shipment. If 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.
- Should a product or its packaging be faulty DESERTPEA will replace the product in full upon return of faulty item/s and receipt of purchase. DESERTPEA does not give refunds for change of mind.
- In regards to 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 PTY LTD 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 PTY LTD legal obligations.
- For any problems reported after 14 days which are not the fault of DESERTPEA PTY LTD all return freight is the responsibility of the customer.
- All goods/products must be unused when returned to DESERTPEA PTY LTD in order to qualify for a credit or refund.
- 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.
- 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 PTY LTD disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, title, noninfringement and fitness for a particular purpose. DESERTPEA PTY LTD does not warrant or represent that the content on the Site, whether prepared by DESERTPEA PTY LTD 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 PTY LTD. 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 PTY LTD 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 PTY LTD 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 Pty Ltd as to the fitness for any use. The liability of DESERTPEA Pty Ltd is limited to the value of the goods and does not include any consequential losses.
- DESERTPEA Pty Ltd shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
- DESERTPEA Pty Ltd shall not be responsible for any damages resulting from use of or reliance upon this information.
- In some instances, the content on the Site represents the opinions of Site users. DESERTPEA PTY LTD does not endorse such opinions.
- 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.
- DESERTPEA Pty Ltd 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.
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.
You agree to indemnify, defend and hold harmless DESERTPEA PTY LTD 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 "Authorized Party"). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to DESERTPEA PTY LTD resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from DESERTPEA in writing, it being understood that DESERTPEA shall be under no obligation to approve any such request.
2. Information Collected From All Visitors
- Type of web browser used
- Type of operating system
- Screen colours (color processing ability of the users screen)
- Flash version
- Screen resolution
- Network location and IP address which can include country, city, state, or any other geographic data
- 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 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.
3. Information Collected From Registered Users
DESERTPEA PTY LTD 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 PTY LTD 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 PTY LTD will not use personal information for any un-authorized purpose without your consent.
4. Information Sharing and Disclosure
DESERTPEA PTY LTD may disclose your personally identifiable information with its associated companies. DESERTPEA PTY LTD will not sell, rent or otherwise disclose your personally identifiable information to any other third party.
DESERTPEA PTY LTD 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 to disclose the information to companies or contractors who work on behalf of DESERTPEA PTY LTD 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.
5. 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 email@example.com
You may request closure and deletion, or non-renewal of your DESERTPEA membership by sending your request via email to firstname.lastname@example.org
6. Security and Maintenance of Personal Information
Your DESERTPEA membership and personal information is password-protected for your privacy and security.