Botanical Signature Pty Ltd (ACN 169 741 771)

Terms & Conditions

1.     General

1.1           At Botanical Signature Pty Ltd (ACN 169 741 771) (“we”, “our”, “us” and “Botanical Signature”), your health and happiness is our number one priority.

1.2           We endeavor to make shopping on our Website as easy as possible.

1.3           By using our website at www.botanicalsignature.com, you agree to be bound by these terms and conditions (“Terms and Conditions”) as well as the terms for any other feature or services on the Website.

1.4           We reserve the right to amend these Terms and Conditions without notice to you from time to time. Any such amendment shall be effective once the revised terms have been posted on the Website.

1.5           We reserve the right to change, suspend or discontinue any aspect of the Website, including, but not limited to, the content and features of the Website.

2.     Purpose

2.1           We use this Website to provide information about our products and treatments.

3.     Purchasing

3.1           Our products are available for sale on the Website, using Stripe’s enterprise software.

3.2           The listing of products on our Website does not constitute an offer to sell, and Botanical Signature reserves the right to accept or decline your Order for any reason or for no reason at all. Where an Order is declined in part or in full, we will not charge you for any unfulfilled items.

3.3           All Orders will be subject to Stripe’s terms of use at https://stripe.com/au/terms and as amended from time to time. If we do not receive payment from Stripe or its agents, you agree to pay all amounts due to us.

3.4           Where we do not receive payment or any payment is charged back, we reserve the right to charge you for any costs of collection of overdue payment.

3.5           We may ask that you provide additional details or require you to confirm your details in order for us to process an order for a product submitted using the Website (an “Order”)

3.6           You agree to provide us with current, complete and accurate details when asked to do so by the Website.

3.7           All goods remain the property of Botanical Signature Pty Ltd until invoices are paid in full.

4.     Prices

4.1           All prices quoted on our Website are exclusive of GST in Australia.

4.2           All prices for the products and treatments listed on our Website are subject to change without notice. All prices on the Website are listed in Australian Dollars.

5.     Shipping and Transport

5.1           We will only ship Orders that comply with the Australia Post (Domestic) and (International) Guide for Dangerous and Prohibited Goods and Packaging and as amended from time to time.

5.2           We cannot guarantee that a product listed as in stock will actually ship right away, as inventory can change significantly from day to day. If certain products are delayed or out of stock, we will inform you immediately via email you provide.

5.3           Botanical Signature will endeavor to dispatch Orders as soon as possible. Orders will be shipped via the carrier of your choice as set out on our Website. While we aim that all local deliveries will be received within 5-7 business days of order, we cannot guarantee that this will happen every time. Please contact us info@botanicalsignature.com if you are unsatisfied with the shipping times.

5.4           In the event that you receive a damaged product, you must contact us immediately as our insurance policy requires a photograph of the goods and the packaging with damage.

6.     Cancellation

6.1           We may cancel any order or part of an Order (including Orders which have been accepted) without liability to you for the cancellation if at any time if:

(a)   the requested products in the Order are not available;

(b)   there is an error in the price or the product description posted on the Website in relation to the product of the Order; or

(c)   the Order has been placed in breach of these terms and conditions.

6.2           If any payment has been taken for a cancelled Order, then the full payment amount of any part of the Order that has been cancelled, including shipping fees will be refunded to your original payment method.

7.     Returns

7.1           Where you wish to return a product due to a change of mind, the product may be returned to Botanical Signature for refund or exchange within 28 days of purchase, provided that the product is unopened and in its original sealable condition. You are responsible for the costs of shipping and additional postage charges. We will provide you with a refund or credit to the value of the product purchased less any shipping or freight charges.

7.2           If you have received a faulty or damaged product, you must take a photograph of the damaged or faulty goods for our insurance purposes and notify us of the damaged or faulty product within 7 days of receiving the product. The damaged or faulty product may be returned to Botanical Signature for refund or exchange within 28 days of purchase.

8.     Warranty

8.1           You acknowledge that the Website and its content are provided on an “as-is” and “as available” basis. Botanical Signature does not represent or warrant that the Website will be uninterrupted or error-free, that defects, if any, will be corrected, or that the Website is free of other harmful components. We do not make any representations or warranties about the accuracy, reliability, currency, quality, performance or suitability of the Website or any content available on the Website.

8.2           Your use of the Website is at your sole risk and you assume full responsibility for all costs associated with any equipment you use in connection with your use of the Website.

8.3           Subject to clause 9, we exclude all other implied terms and warranties, whether statutory or otherwise relating to the Site of the subject matter of these terms and conditions.

8.4           Subject to clause 9, we disclaim all implied and express warranties, whether statutory or otherwise of merchantability or fitness for purpose, with respect to products listed or purchased on or through the Website. This disclaimer applies for claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication.

9.     Liability

9.1           Our products come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the product replaced if the product fails to be of an acceptable quality. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any product supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.

9.2           These terms and conditions are subject to the Australian Consumer Law. To the extent which we are able to do so, our liability is limited as follows:

(a)   The sole remedy for any claim for damages arising out of or related to any product or service listed or purchased on or through the Website shall be limited to a refund of the purchase price paid for such product or service.

(b)   Botanical Signature will not be liable for any damages arising from or in connection with the Website or any content or products made available or listed on the Website, whether for breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages.

(c)   In the event that the above limitations are held to be unenforceable, then our maximum liability for any damages shall be limited to the amount paid by you in the relevant transaction.

9.3           Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under statute or otherwise.

10.  Privacy

10.1        Our privacy policy at www.botanicalsignature.com (“Privacy Policy”) is incorporated by reference into these Terms & Conditions.

10.2        By using the Website, you agree to the Privacy Policy.

11.  Intellectual Property

11.1        All content on the Website is copyright of Botanical Signature Pty Ltd (ACN 169 741 771) and is protected by copyright under the copyright laws of Australia. Reproduction prohibited other than in accordance with the following copyright notice and limited reproduction permissions. Reproduction of part or all of the contents in any form is prohibited.

11.2        The Website may contain registered trademarks and other trademarks which are protected by law. You must not use any of the marks or trademarks appearing on the Website or our name without our prior written consent.

11.3        Any failure to comply with these legal requirements may result in swift prosecution.

11.4        You may print pages from our Website for your personal use; however no part of our Website may be reproduced, transmitted or stored on any other website.

11.5        You may not without our prior written permission use any device or process to monitor or copy any of the web pages, data or content found on or accessed through the site; or flood the site with electronic traffic designed to slow or stop its operation.

12.  General Restrictions

2.1        You must not:

(a)   use the Website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

(b)   use the Website in a manner or way, or post to or transmit to or via the Website any material which interferes with other users or other customers or defames, harasses, threatens or offends any person or which prevents another person from using the Website;

(c)   make fraudulent or speculative enquiries, purchases or requests through the Website;

(d)   use another person’s details without their permission or impersonate another person when using the Website;

(e)   tamper with or hinder operation of the Website;

(f)   knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website;

(g)   use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website;

(h)  modify, adapt, translate or reverse engineer any part of the Website;

(i)    remove any copyright, trademark, or other proprietary rights notices contained in or on the Website;

(j)    reformat or frame any portion of the web pages that are part of the Website;

(k)  create accounts by automated means or under false or fraudulent preferences;

(l)    use the Website to violate the security of any computer or other network or engage in illegal conduct;

(m) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

(n)  use the Website other than in accordance with these terms and conditions; or

(o)  attempt any of the above acts or engage or permit any person to do any of the above acts.

13.  Comments

13.1        Please contact our support department at info@botanicalsignature.com if you have any questions or comments about our site.

14.  Applicable Laws

14.1        These Terms & Conditions are governed by and will be construed in accordance with the laws of Australia and the State of New South Wales.

14.2        Any disputes arising under or in connection with these Terms & Conditions, or your access or use of the site shall be subject to the exclusive jurisdiction of the Courts located in the State of New South Wales.

14.3        Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

15.  Notices

15.1        The Site is owned and operated by Botanical Signature Pty Ltd. All formal notices to us shall be sent to:

Attn: Botanical Signature Pty Ltd

Suite 44 (Level 4), 61 Marlborough Street, Surry Hills NSW 2010 Australia

15.2        All notices to you shall be sent to the email address that you provide to us when you register.

15.3        Such notice shall be deemed given one business day after the email is sent.

16.  Third Party Websites

16.1        From time to time, we may provide links to other websites for your convenience. You may access linked websites at your own risk.

16.2        We are not responsible for the content, availability and access of those websites, and will not be liable in any way for any of your loss or damage from your use or reliance of those websites.

17.  We Love Mum - Mother's Day "Instagram" Competition 2017

1.     Competition commences 24 April 2017 and ends at 11:59PM (AEST) on 8 May 2017 (“Competition Period”).

2.     Entry is open to Australian residents only, aged 16 years and over. Employees and immediate family members of employees of any company associated with the promotion are ineligible to enter.

3.     To qualify to enter, entrants must complete all 4 steps stated below for the duration of the Competition Period and the judging period:

a.    Follow all of the following Instagram accounts @nash_home and @huntercandles and @botanicalsignature 

b.    Repost an original competition image from any of the above mentioned Instagram accounts

c.     Tag 2 friends on your repost, and

d.    Use the following hashtag #welovemum2017

4.     For all entries received from 24 April 2017 – 8 May 2017 (inclusive), two winners will be judged each week of the competition period. Each winner will receive:
Week 1 prize: 1 x NASH linen tea towel and 1 x Hunter Candle and 1 x Botanical Signature Bath Salts
Week 2 prize: 1 x NASH wool felt coaster set and 1 x Hunter Candle and 1 x Botanical Signature Organic Tea

5.     The total prize pool is valued at $205.00.

6.     The prize is non-transferable, cannot be redeemed for cash and will not be replaced if lost, stolen or damaged.

7.     This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.

8.     Entrants can enter as many times as they wish.

9.     Entries will be judged by NASH Trading internally within seven (7) days of the competition end date, based upon following the terms and conditions of the competition. Judges decisions are final and no correspondence will be entered into.

10.  Winners will be chosen: as a result of a popular vote (Instagram Likes) conducted via social media sites as measured and recorded and verified by Promoter, NASH Trading and or its agents.

11.  Winners will be notified via a winners’ announcement post on the @NASH_home, @Botanicalsignature and @Huntercandles Instagram pages within seven (7) business days from selection.

12.  NASH Trading, Botanical Signature and Hunter Candles reserves the right to verify the eligibility of an entry. Winners shall be required to send identification showing age and address upon NASH Trading’s request. The prize may be withheld until NASH Trading is satisfied with the verification.

13.  Each prize is awarded conditionally upon acceptance and if a winner is unable to be contacted after a reasonable period, or if any prize is unclaimed or declined within one month from the winner announcement, or an entry is invalid following verification, the prize shall be deemed as unclaimed and a supplementary winner may be selected by NASH Trading.

14.  NASH Trading, Botanical Signature and Hunter Candles will not be responsible if any winner fails to claim their prize, or if their entry is invalid following verification.

15.  NASH Trading, Botanical Signature and Hunter Candles reserves the right to provide a substitute prize of similar value should the specified prize becomes unavailable for any reason.

16.  In the event of actual or suspected fraud or abuse, such as but not limited to fraud, and/or errors affecting the proper operation of this competition, NASH Trading, Botanical Signature and Hunter Candles reserves the right to: (a) end or suspend the competition; (b) amend these terms & conditions; (c) declare void the notification of winner(s) and reselection of winner(s), or any combination of these resolution methods.

17.  By participating in the competition, if you win a prize, you agree to grant NASH Trading, Botanical Signature and Hunter Candles the right to use your personal details (name and Instagram profile picture/photo) for promotional purposes and the right to contact you for the collection of the prize; you agree to post a minimum of 1 post on your own Instagram account with Nash Home, Botanical Signature and Hunter Candles products, friend tags and hashtags and follow all 3 instagram accounts.

18.  Privacy Policy: By entering the competition, you agree to provide us with your personal information. You will not be eligible to claim your prize should you decline to do so. Your information will be added to our systems and will be stored and used in accordance with the NASH Trading Privacy Statement, which can be viewed here: http://nashhome.com.au/privacypolic

19.  You have the right to request access to and correct your personal information. You may also inform us if at any time you no longer wish for us to use your personal information in any particular manner. Kindly contact hello@nash.com.au for us to process your request.

20.  NASH Trading, Botanical Signature and Hunter Candles reserves the right to suspend, cancel or amend the competition and/or review and revise these terms and conditions at any time without giving prior notice. By continuing to take part in the competition subsequent to any revision of these terms and conditions, each participant shall be deemed to have agreed to any such new or amended terms.

21.  The promoter is NASH Trading of 723C New Canterbury Road, Dulwich Hill NSW 2203, Botanical Signature Suite 44, L4, 61 Marlborough Street, Surry Hills NSW 2010 and Hunter Candles 43/20 Fitzgerald Street, Newtown NSW 2042.