Terms & Conditions of Use

1. About the Website

1.1 Welcome to www.botanicalsbyluxe.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

1.2 The Website is operated by RC and NJ Connolly Pty Ltd (ACN 637 087 542) t/a Botanicals By Luxe (‘Botanicals By Luxe’). Access to and use of the Website, or any of its associated Products or Services, is provided by Botanicals By Luxe. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3 Botanicals By Luxe reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Botanicals By Luxe updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Botanicals By Luxe in the user interface.

3. Purchase of Products and Returns Policy

1.1 In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

1.2 Payment of the Purchase Price may be made through credit card or though the available payment provider (the 'Payment Gateway Providers')

1.3 In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

1.4 Following payment of the Purchase Price being confirmed by Botanicals By Luxe, you will be issued with a receipt to confirm that the payment has been received and Botanicals By Luxe may record your purchase details for future use.

1.5 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts.

1.6 Botanicals By Luxe reserves the right to accept or reject your order for any reason, including if the requested Product is not available.

2. Gift Cards

2.1 Gift Cards can be purchased from the Website and are administered by Shopify (the ‘Gift Card Service Provider’). In Purchasing a Gift Card, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Gift Card Service Provider.

2.2 Gift Cards are redeemable within 36 months of the date of purchase unless otherwise stated.

2.3 Gift Cards can be used to purchase nominated Products for sale on the Website unless specified by Botanicals By Luxe.

3. Delivery

3.1 Orders for Products received before 12pm AEST will be dispatched the same day. Orders received after 12pm AEST will be dispatched on the next business day. Orders received on public holidays will be dispatched on the next business day.

3.2 Free standard delivery within Australia is available for Orders over AUD$149. The threshold for free delivery is calculated after any promotions and discounts are applied. Free delivery is not available for Orders delivered outside Australia.

3.3 You acknowledge that the Purchase Services offered by Botanicals By Luxe integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').

3.4 In providing the Purchase Services, Botanicals By Luxe may provide you with a variety of delivery options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Botanicals By Luxe is not the provider of these delivery options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

3.5 Botanicals By Luxe currently ships internationally to New Zealand, Canada, USA and UK locations serviced by the relevant Service Delivery Providers. You are responsible for any applicable taxes and fees payable in overseas markets such as, but not limited to import duties, inspection fees, quarantine fees, Goods & Services Tax/Value Added Tax. Botanicals By Luxe will not be held liable for any such expense.

3.6 In the event that an item is lost or damaged in the course of the Delivery Services, Botanicals By Luxe asks that you:

(a) contact the Delivery Service Provider directly to request a refund; and

(b) contact Botanicals By Luxe by sending an email to hello@botanicalsbyluxe.com.au outlining in what way the Products were damaged in transit so it is able to determine if the Delivery Service Provider should be removed from the Purchase Services.

4. Returns and Exchange Policy

4.1 Botanicals By Luxe wants you to be satisfied with your Product. If you have any issues with Botanicals By Luxe Products, please email hello@botanicalsbyluxe.com.au.

4.2 If you have received the incorrect item or make an error when ordering a full priced item, Botanicals By Luxe will provide a refund on the return of the item. To request a refund and organize a return please email hello@botanicalsbyluxe.com.au with your proof of purchase and photographs of the Product you have received within 5 business days of receiving the Product. The returned Product must be unopened, be in its original packaging and its original saleable condition. You are liable for all shipping costs incurred when returning the Product back to Botanicals By Luxe.

4.3 Botanicals By Luxe will exchange Products if they are defective or damaged. To request an exchange and organize a return please email hello@botanicalsbyluxe.com.au with your proof of purchase and photographs of the Product you have received.

4.4 To return your Product, you should mail your Product to: Botanicals By Luxe, 20 James Street, Geelong VIC 3220. The purchase amount will be refunded via the payment method used for the initial purchase.

4.5 Botanicals By Luxe does not provide refunds for change of mind.

4.6 Botanicals By Luxe does not provide refunds for sale items, for any reason.

4.7 Refunds will not be given for late delivery outside the stipulated delivery time frames provided on the Website or by the Delivery Service Providers.

4.8 In the following situations, no refund or return will be available:

a. Denied acceptance of delivery by receiver;

b. Inaccurate delivery address;

c. Absent receiver - If a receiver is not home and a calling card is left at the address by the Delivery Service Provider, it is the receiver’s responsibility to contact the Delivery Service Provider to arrange appropriate delivery. If the parcel remains undeliverable due to no contact from the receiver, it will be returned to Botanicals By Luxe for a return fee charged to the initial payment method.

5. Luxe Crew Loyalty Rewards Program

3.1 Botanicals By Luxe offers a complimentary Luxe Crew Loyalty Rewards Program (‘Luxe Crew Rewards Program’) administered through Smile.io (the ‘Rewards Program Service Provider’). Benefits of the Luxe Crew Rewards Program can only be used for online purchases. Rewards points are valid for 12 months only.

3.2 In creating a Luxe Crew Rewards Program account, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Luxe Crew Rewards Program Service Provider found at Smile.io.

4. Warranty

4.1 Botanicals By Luxe Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.

4.2 If you have received a Product that you believe is faulty or defective, please contact hello@botanicalsbyluxe.com.au with photographic proof.

5. Information and Product Disclaimer

5.1 Any information provided to you by Botanicals By Luxe regarding the use of any Product is for educational purposes only. It is your sole responsibility to determine the appropriateness of the Products for any particular use or purpose.

5.2 Botanicals By Luxe makes no representation, warranty, expressed or implied as to the effect, benefit, or use of the Products and takes no responsibility for any results obtained when using the Products.

6. Copyright and Intellectual Property

1.1 The Website, the Purchase Services and all of the related products of Botanicals By Luxe are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Botanicals By Luxe or its contributors.

1.2 Botanicals By Luxe retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Botanicals By Luxe; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

1.3 You may not, without the prior written permission of Botanicals By Luxe and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

Botanicals By Luxe takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to the Botanicals By Luxe Privacy Policy found on the Website.

8. Mailing List and SMS List

8.1. You will be given the option to register for the Botanicals By Luxe Mailing List (the 'Mailing List') and SMS List (the ‘SMS List’)

8.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Name and address

8.3 If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Botanicals By Luxe.

9. Force Majeure

9.1 If circumstances beyond Botanicals By Luxe’s control prevent or hinder its provision of the Products, Botanicals By Luxe is free from any obligation to provide the Products or fulfil your order while those circumstances continue. Botanicals By Luxe may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.

9.2 Circumstances beyond Botanicals By Luxe’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

10. General Disclaimer

1.1 You acknowledge that Botanicals By Luxe does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

1.2 Botanicals By Luxe will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and design may differ from what is displayed on the Website.

1.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

1.4 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Botanicals By Luxe will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

1.5 Use of the Website, the Purchase Services, and any of the products of Botanicals By Luxe is at your own risk. Everything on the Website, the Purchase Services, and the Products of Botanicals By Luxe, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Botanicals By Luxe make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Botanicals By Luxe) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(d) the Content or operation in respect to links which are provided for the User's convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

1.1 Botanicals By Luxe's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Botanicals By Luxe is the resupply of information or Purchase Services to you.

1.2 You expressly understand and agree that Botanicals By Luxe, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

1.3 Botanicals By Luxe is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Botanicals By Luxe, by third parties or by any of the Purchase Services offered by Botanicals By Luxe.

12. Indemnity

1.1 You agree to indemnify Botanicals By Luxe, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

13. Venue and Jurisdiction

The Purchase Services offered by Botanicals By Luxe is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

14. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.