Terms & Conditions
HERB UK AUSTRALASIA PTY LTD PRODUCTS TERMS AND CONDITIONS
1. TERMS AND CONDITIONS OF USE
This site www.tintsofnature.com.au ('website') is owned and operated by Herb UK
Australasia Pty Ltd, ABN 32 612 130 668. Your access to the website is conditional upon your acceptance and compliance with the terms and conditions contained in this document, the Privacy Statement and any other notices, disclaimers, terms and conditions or statements contained on this website (known collectively as 'Conditions of Use').
2. ACCEPTANCE OF CONDITIONS OF USE
By accessing, viewing or otherwise using this website, including purchasing goods or services through the website, you acknowledge and agree to be bound by these Conditions of Use. If you do not agree with any of the Conditions of Use, do not use this website.
Herb UK Australasia Pty Ltd reserves the right to amend the Conditions of Use at any time with or without notice to you. The amended terms of Conditions of Use will be effective immediately. Continued use of the site following any change to these Conditions of Use will be deemed acceptance of those changes.
3. RESTRICTIONS OF USE
You must not use this website in any manner or for any purpose which is:
a) unlawful or in any manner which violates any right of Herb UK Australasia Pty Ltd or third party ; or
b) is prohibited by the Conditions of Use.
4. ORDERING PROCEDURE
4.1 General Ordering Procedures
You order goods or services described on this website for the price specified on this website.
Your order must contain your name, email address, credit card details and any other ordering information specified on this website.
We give no undertaking as to the availability of products listed or advertised on this website.
You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
Delivery of the goods or supply of the services to you will be effected in the manner described on this website or by a means as seen fit by Herb UK Australasia Pty Ltd. We will endeavour to deliver the goods within the time periods described on this website, but accept no liability for failure to do so.
Payment must be effected in the manner described on the website. All prices are in Australian dollars. Prices are inclusive of goods and services tax.
The goods and services are offered for sale only to persons who can make legally binding contracts for the purchase of the goods or services offered.
4.2 Special Offers and/or Promotions
i) Herb UK Australasia Pty Ltd may offer consumers the opportunity to purchase products by way of a Special Offer or Promotion through our website, for example at a reduced price, increased quantity and other similar offers. All such offers will be available for the duration they appear on the website and customers may take advantage of these offers for this duration only.
ii) Discounts offered to retail customers are not transferable to wholesale customers unless indicated. If discounts are applicable to wholesale accounts, the price will be adjusted accordingly. If you require clarification, please email us.
4.3 Marketing items
Any marketing items that are listed as free of charge are subject to change and Herb UK Australasia Pty Ltd reserves the right to charge for these items at any time without notice.
4.4 Coupon Codes
Submitted COUPON CODES will be accepted and applied at our discretion. They are not intended or permitted to be applied to already discounted products without our express prior approval. A coupon code may be accepted at our checkout but rejected upon processing at our discretion. You may be notified by phone or email if this occurs.
4.5 Free Postage Offers
Occasionally we may offer Free Postage as part of a promotional or reward campaign. Any Free Postage Offer is restricted to delivery within Australia only, and may be subject to other criteria - please email us if you have questions.
5. CANCELLATION DUE TO ERROR
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a credit to your credit card account for the amount in question at our earliest opportunity.
6. CHANGED YOUR MIND
If you have changed your mind about your purchase, we MAY decide to refund you under the following conditions but are under no obligation to do so:
i) You have clear proof of purchase (typically a receipt);
ii) The product/s and packaging is in its original condition including manuals and accessories;
iii) The item is in re-saleable condition, for example, it still in its original, unopened packaging, with original tags and labels, and has not been tampered with or used in any way;
iv) the items are returned within 30 days of purchase (refer to Section 19)
Furthermore, postage and/or freight costs of the returned item/s will be at the cost of the customer, Herb UK Australasia Pty Ltd will accept no responsibility for lost or damaged items. Any items damaged in transit will be the responsibility of the purchaser. This section is to be read in conjunction with Section 19 (RETURNS POLICY) of the Herb UK Australasia Pty Ltd Terms and Conditions.
Please return the product and proof of purchase to Tints of Nature Level 20. 68 Pitt Street, Sydney NSW 2000. Australia.
PLEASE NOTE that no refund can be provided without proof of purchase OR if any returned item is in an unsaleable condition.
Unless expressly indicated to the contrary, Herb UK Australasia Pt Ltd or its licensors own all copyright in all texts, graphics and layouts ('Material') on this website. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any Material on this website. You acknowledge that you do not acquire any ownership rights by downloading Material from this website.
You may reproduce in whole or in part the Material only if: a) the reproduction is not for public or commercial purposes; and b) you do not remove or modify any notices of attribution of copyright or, if there are no such notices, you clearly attribute Herb UK Australasia Pty Ltd as the copyright owner or licensee of the work. Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right under any Herb UK Australasia Pty Ltd copyright.
9. LINKS TO OTHER WEBSITES
From time to time, this website may contain links to web sites operated by third parties. Herb UK Australasia Pty does not approve, endorse or sponsor any content or Material on third party websites. Herb UK Australasia Pty Ltd is not responsible for and disclaims any liability arising in connection with the contents of any linked web site nor any hyperlink contained in the linked web site.
The Material on this website is intended to provide general information only and may not be accurate or current. Material is provided on an 'as is' and 'as available' basis. Herb UK Australasia Pty Ltd does not warrant or make any representations concerning the completeness, timelines, suitability or accuracy of any Material on this website including, without limitation, the prices of products or services, contained on or accessible through this website, or that access to this website will be uninterrupted, timely or secure. To the maximum extent permitted by law, in no event shall Herb UK Australasia Pty Ltd be liable for any damage of any kind related to the completeness, timeliness, suitability or accuracy of any Material. The use of the website and content is at your own risk.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website.
The Material is not intended for diagnosing, prescribing or for the treatment of any disease. If you require diagnosing, prescribing or treatment of any disease, you are advised to consult your doctor or a health care professional.
The Material on this web site is provided for product informational purposes only and is not intended as medical advice. In providing this information Herb UK Australasia Pty Ltd in no way accepts liability for your decision to purchase any products, nor do we accept responsibility for your use or misuse of such products. Please refer to Section 11 (Limitation of Liability) section below.
This website may contain hypertext links, frames or other references to websites operated by third parties. We cannot control the contents of third party websites, and make no warranty about the completeness, timeliness, suitability or accuracy or subject matter of the Material located on third party websites. We do not approve of, endorse, or sponsor any content or Material on third party websites.
We make no warranties or representations that use of Material on third party websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.
We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on third party websites by linking to such Material or allowing such Material to link to this website.
11. LIMITATION OF LIABILITY
11.1. To the maximum extent permitted by law, and except as otherwise stipulated in these Conditions of Use, Herb UK Australasia Pty Ltd will not accept liability to you for damages for loss of earnings or loss of profit, or for any indirect, special, or consequential loss or damage which may be suffered or incurred by you or which may arise directly or indirectly including in respect of:
a) the accessing, downloading, using or relying on any Material on this website or any material on a third party website;
b) goods or services supplied pursuant to an order placed on this website; or
c) any failure or omission on our part to comply with our obligations as set out in these Conditions of Use, whether caused by negligence of Herb UK Australasia Pty Ltd or otherwise.
11.2. The liability of Herb UK Australasia Pty Ltd for a breach of a condition or warranty implied by law and to which cannot be excluded, is limited, to the extent possible, at Herb UK Australasia Pty Ltd option to:
a) the supply of the goods or services again; or
b) the repair of the goods; or
c) the payment of the cost of having the goods or services supplied again or repaired.
We will always treat your personal information confidential and comply with UK Data Protection Laws.
In using our website you are required to provide us with certain information such as your name, email address, billing and delivery addresses, debit, credit or other payment information. This may be the case whether registering as a user or checking out as a guest on the site.
In order to improve our service to you and your shopping experience when using our website, we may also collect information such as your URL, IP address, domain type (e.g .co.uk and .com), where in the world your computer is located, how long you spend on our website and what you are searching at the time of your visit.
Any personal information we collect is provided by you and we use it for the following purposes:
Processing your orders
Improving our online services and your experience of our website Improving our website
To ask you to review our products Statistical analysis to help support our marketing activities
Provide you with relevant web content, special offers, news and advertisements
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003
In using our website you agree that we may use your email address to send you exclusive offers, news and general information about our brand and products, as well as requests to review our products and provide overall opinion of our brand. If you do not wish to receive these emails, then you are able to unsubscribe at any time either by clicking the ‘unsubscribe’ option at the bottom of any email you receive. Alternatively you can email us firstname.lastname@example.org or by telephone on 1800 507 401.
Tints of Nature is part of Herb UK (Holdings) Ltd. Your personal information may be disclosed to other businesses within the Herb UK Group of companies. Tints of Nature require all affiliated businesses to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation. We will not share any of the personal information with third parties companies outside of our business.
Please be aware that we reserve the right to provide your Personal Information and /or User Information if we are requested to by the police or any other regulatory or government authority investigating suspected illegal activities.
13.1. Any and all items purchased from this website may attract custom duties and/or other fees in transit/upon reaching the final delivery address in that country of destination. Any taxes, duties or other fees imposed in the destination country will be the responsibility of the purchaser. Delays in shipping and/or receiving the purchased goods due to formalities in that country or due to unpaid duties, fees etc will NOT be the responsibility of Herb UK Australasia Pty Ltd
13.2. A request for Express Post delivery may be considered by arrangement, on the understanding that we accept no responsibility for any breakage, leakage or other damage that may occur during transit or on delivery; nor can we guarantee delivery will occur within the timeframe as described by the postal service.
13.3. Please refer to our Delivery and Returns page for additional information. The information in this section also form part of our Terms and Conditions.
14. VIRUS WARNING
Herb UK Australasia Pty Ltd does not represent or warrant that any files or other Material obtained from or through this website are free from computer viruses or other defects, including trojan hoses and worms. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.
You agree to defend, indemnify and hold Herb UK Australasia Pty Ltd, its directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this website or the placement or transmission of any Material on this website by you.
16. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
17. GOVERNING LAW
The Conditions of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
If any provision of the Conditions of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Conditions of Use which will continue in full force and effect.
You consent to Herb UK Australasia Pty Ltd using and disclosing your personal information for the purpose of contacting you, including but not limited to by telephone, email, SMS and MMS, for the purpose of offering you products and services or for other marketing purposes. Such consent is provided for an indefinite period, and may only be revoked by you contacting Herb UK Australasia Pty Ltd and informing it that you no longer wish to receive such communications. Herb UK Australasia Pty Ltd will not sell or provide your contact details to any other person/organisation except where such disclosure is necessary or required as we deem appropriate. Please refer to our Privacy Statement.
20. RETURNS POLICY
BEFORE READING THIS POLICY, please be sure that your product was purchased directly from us at Herb UK Australasia Pty Ltd, and not from one of the many stockists of our products around Australia. If you have purchased from a store (such as a health food store, gift store, pharmacy or similar) OR ANOTHER COMPANY'S WEBSITE, please contact them to discuss your issue.
20.1. Your rights under Australian Consumer Law 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. 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.
20.2. Returning Products to Us ALL claims must be made within 5 days of receipt of delivery. Notification of the claim MUST be made to Herb UK Australasia Pty Ltd. This can be done by contacting us on 1800 507 401 (Freephone). Products have a conditional 30 day money back guarantee.
For a full refund:
- on faulty goods, products are to be returned within 30 days of purchase. All returns must be accompanied by proof of purchase.
- if you've simply changed your mind or have made a wrong decision, goods are to be returned in their original and re-saleable condition (i.e. unopened and unused) within 30 days of purchase (Refer to Section 6).
Goods or Services will not be accepted for refund outside the 30 day period. All refunds will be credited by way of initial payment type (e.g. credit card) and refunds will be for the cost of goods only. Refunds for delivery expense will be offered should the product be faulty and you do not want the goods to be replaced. Any products that are not faulty and have been returned opened or used will be returned to the customer at their expense.
This guarantee is in addition to your statutory rights. Subject to change.
21. The Colour Club - Terms and Conditions
The following terms and conditions will apply to all members of The Colour Club, which is operated by Tints of Nature Ltd. Please read these terms and conditions carefully.
21.1 The Colour Club is a customer loyalty programme. Membership is free of charge.
21.3 Benefits of The Colour Club will vary from time to time and will be subject to availability. We reserve the right to discontinue benefits, make changes to the terms and conditions or the content of the website at any time with or without notice.
21.4 Free Shipping will apply according to the following criteria:
- If your shipping address and postcode is in Australia, you will qualify for Free Standard Shipping if you spend $50 or more. If you choose to upgrade to Express shipping than additional charges will apply.
- Changes to the Free Shipping terms and conditions can be made at any time with our without consent.
- The offer of free shipping cannot be exchanged for cash or product of equivalent value.
- For standard rates of Shipping please visit our Delivery and Returns section on our website.
21.5 By signing up to The Colour Club you are agreeing to receiving emails from us with exclusive offers
21.6 You can unsubscribe to The Colour Club at any time through your online website account or by contacting us via phone, email or post
22. Social Media & Competitions
These rules apply to all competitions, prize draws, promotions and giveaways that are promoted on and run through our website or social media channels.
22.1. To enter a competition you must enter as directed on our website or social media channels.
22.2. Our competitions are free to enter and no purchase is required.
22.4. To be eligible to enter a competition
- Entrants must be a real person, at least 18 years old and permanently reside in the United Kingdom or another country (proof of address or age may be required) if detailed in the competition entry details.
- No employee, suppliers or affiliates of Tints of Nature or parent company, Herb UK Ltd can enter the competition.
- Competition entrants for our promotions on social media must have a genuine account and must ‘like’ the Tint of Nature’s social network page (Facebook, Twitter etc.) as part of the entry process.
- The maximum number of entries to a competition per person is 1.
22.5. Start and closing dates
- A competition shall open and close for entries at the time and on the date specified on our website and/or social media channels. Unless otherwise stated, these times and dates are set to those for GMT (Greenwich Mean Time).
- Any entries received before the opening or after the closing of the competition will be invalid and will not be entered into the competition.
- No responsibility can be accepted for entries not received for whatever reason.
- Entry into the competition will be deemed as acceptance of all of these terms and conditions.
22.6. Winners and prizes
- Competition prizes for each competition shall be specified on our website or social media channels
- Reasonable efforts will be made to contact the prize winner for 14 days but if the winner fails to respond to our notification attempts within this time, we reserve the right to disqualify that entrant and offer the prize to the next eligible entrant and thereafter until a winner is found.
- Prizes cannot be exchanged or refunded and there is no cash alternative.
- The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current EU General Data Protection Regulation 2018 (GDPR) and will not be disclosed to a third party without the entrant’s prior consent.
22.7. Additional Competition Details
From time to time specific entry details may vary. Any terms and conditions in addition to the above will be detailed here by Competition Name.