Terms and Conditions

Welcome to the website of blosom eco skin care ("Site"), The following Terms and Conditions, our Privacy Policy, any other terms and conditions and policies which you may find throughout our Site (such as our Returns & Exchanges Policy) in connection with certain functionality, features or promotions, and any other laws or regulations which apply to the Site, collectively govern usage of the Site, our related websites, and the products and services provided therein (collectively "Terms and Conditions").

We encourage you to read these Terms and Conditions, and consult our Help section if you have any particular questions in relation to browsing and shopping online with us. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. You may be accessing the Site from a computer or mobile device and these Terms of Use govern your use of the Site, regardless of the means of access.

APPLICABLE LAW

This Site is created and controlled by us in the State of Queensland, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of Queensland, will govern these Terms and Conditions. By using this Site you submit to the jurisdiction of the courts of Queensland and Australia and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legally binding contracts under applicable law.

MODIFICATIONS

We may from time to time modify these Terms and Conditions, other policies, or the content of the Site, without notice. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. You should read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly, we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.

ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products and services on the Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the Site are accurate, complete, reliable, current, available or error-free.

ELIGIBILITY

In order to make purchases through this Site, you will be requested to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details, you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals who meet the blossom eco skin care’s terms of eligibility. Individuals must have been issued a valid credit card by a bank acceptable to blossom eco skin care, applications must be acceptable to blossom eco skin care and have authorised blossom eco skin care to process a charge or charges on their credit card in the amount of the total purchase price for the goods or services.If you register on the Site, you will have an email address/username and password for yourblossom eco skin care account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm or loss caused by any wrongful use of the Site or Content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

By making an offer to purchase goods or services from us, you expressly authorise us to perform credit checks and, whereblossom eco skin care considers necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Please refer to our PRIVACY POLICY for further information about how we use your personal information. We reserve the right to only accept orders from those over 18 or 21 as legislated by the relevant state or territory of residence. If you would like your purchase recorded, please create an online account or sign in to your existing account.

REPRESENTATIONS AND WARRANTIES

The advice and information contained within the Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within the Site is accurate, blossom eco skin care takes no responsibility for any loss or damage arising from its use.

blossom eco skin care does not promise that the Site and Content is error-free. blossom eco skin care does not promise that the functional aspects of the Site and Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

The Site is presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.

Certain legislation, including Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option, in the case of services to:

(a) the supplying of the services again or

(b) the payment of the cost of having the services supplied again and, in the case of goods to

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired.

Users should be aware that no external agency has deemed the products listed on the website or advice given to be intended to treat, cure, or prevent any disease or medical ailment. Users should not construe the information provided as a guarantee of treatment with using any product or service.

Our information on our products listed herein provides our suggestions and recommendations from our own testing and knowledge base, the user accepts that they will be held liable for any risks of using the site or services rendered after the approval of purchase. In addition, although we put significant effort into monitoring the website integrity, we accept no liability that the website itself is free from viruses, defects, malware, or errors that may affect the functionality of the website.

LIMITATION OF LIABILITY

(a) interruption of business;

(b) access delays or access interruptions to the Site;

(d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites;

(e) any inaccuracies or omissions in Content, or

(f) events beyond our reasonable control.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

ACCEPTANCE OF YOUR ORDER OR BOOKING

Items are not reserved in your cart until order is submitted and finalised.

Once you have made your choice and your order or booking has been placed, you will receive an email acknowledging the details of your order or booking. This email is NOT an acceptance of your order or booking, just a confirmation that we have received it.

Unless you cancel your order or booking, acceptance of your order or booking, and completion of the contract between you and blossom eco skin care will be completed when we (or our authorised agents) email you to confirm the goods have been dispatched and have been handed over to the designated carrier, or when we commence providing you the services under the service booking. Completion of orders is subject to availability of the goods and/or services. The contract for the supply of goods or provision of services (as the context permits) is concluded in New South Wales, Australia.

We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, the services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions. Further, we reserve the right to refuse to provide you the services and retain your full prepayment amount in the event that you are more than 20 minutes late to a service order booking.

blossom eco skin care reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion. blossom eco skin care reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.

SHIPPING POLICY

Shipping of products is subject to our SHIPPING POLICY.

INTENDED USE

By placing an order or making a booking with blossom eco skin care you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.

INTELLECTUAL PROPERTY RIGHTS

The Site and its "look and feel", all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this Site, and all intellectual property rights contained in each of the foregoing, including, without limitation, trademarks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the "Content"), are owned by, and is the property of, blossom eco skin care, or in some cases, our affiliates, partners, licensors. These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trademarks.

Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes, without limitation, blossom eco skin care Software and all HTML and other code contained in this Site.

You are permitted to use the Content only as expressly authorised by blossom eco skin care, its third-party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Request for permission to reproduce any information contained on the website, such as for marketing purposes should be addressed to monique@blosom.com.au. Even with permission, blossom eco skin care reserves the right for final approval before publication of using our content. You, the user, shall agree that you will not use the website or website content to violate any applicable laws or regulations of any country.

LIMITED LICENSE

You agree to use the website or its contents in compliance with these Terms and Conditions. You will act in accordance with the law. We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to (and you are prohibited from doing any of the following):

(a) frame or utilise framing techniques to enclose the Site or any portion thereof;

(b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site);

(d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content;

(e) collect account information for the benefit of yourself or another party;

(f) use any meta tags or any other "hidden text" utilising any and/or all Content; or

(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. All powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.

You, the user, are responsible for ensuring your actions and use of the Website are lawful, and do not violate any applicable law, or regulation. blossom eco skin care reserves the right to review user conduct at will.

Any unauthorised use by you of the Site or any and/or all our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

FEEDBACK

Any information you provide including but not limited to feedback, questions, ideas, will be under the unrestricted ownership of blossom eco skin care to be used for any purpose.

USER ELIGIBILITY

In order to use the site to purchase goods and submit feedback, as well as to legally enter into contracts, you must be at least 18 years of age. You must provide genuine information about yourself as requested during purchase and feedback. If blossom eco skin care detects suspicious or incomplete information, we reserve the right to cancel any business transactions. If you are under 18, you may only use this website with the consent of your parent or guardian who has agreed to the Terms and Conditions herein.

PRICES

Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the Site or other form of notification.

(a) Item prices may change. Your shopping cart will reflect the most recent price;

(b) Product prices exclude shipping and handling charges which will be calculated at checkout. Sales tax (GST) may be applied where applicable based on shipping address;

(c) Prices held in shopping cart does not reserve the price for the product at that time, and prices are reserved only after an order has been submitted;

(d) Sales are not considered final until all items have been dispatched. In the possibility that there is mispricing, blossom eco skin care will: charge you the lower price if the item's correct price is lower, or contact you for instructions if the correct price of an item is higher than stated;

(e) Discounts and final sale promotions are not eligible for any other offers, and final sale promotions are not eligible for refund;

(f) Free shipping, if applicable, applies to your final order total after any discounts have been applied (this includes discount codes, customer loyalty points redemption, refer a friend etc), not the original full price.

PRODUCT INFORMATION

Although we try to keep the site as updated as possible, some information, descriptions, photographs, and prices on our site may not always reflect the most recent correct information.

INDIVIDUAL DISTRIBUTION OF PRODUCTS

We do not permit individuals buying our products for reselling and redistribution. Any such orders are a direct violation of our Terms and Conditions, and are subject to order cancellation or a reduction in quantity.

PRODUCT OWNERSHIP

When you have placed your order, we will send you an acknowledgement that we are processing your order, this is not an acceptance of ownership transfer. blossom eco skin care owns the products until we ship the goods to you with full payment.

PAYMENT

You may pay with Credit/Debit Card that belongs to you or that you have permission to use. All cardholders are subject to validation and authorisation checks by the card issuer. If the card issuer refuses payment to us, we are not liable for any delays or non delivery.

RISK

Risk of loss and damage of the products are passed onto you upon delivery. Although our products are carefully formulated, should you develop adverse reactions, we will not be held liable once ownership of product is passed onto you.

LIMITATION OF LIABILITY, INDEMNIFICATION, REPRESENTATIONS, WARRANTIES

This site and all its content, material, products, functions, pictures, and information are presented "as is”. There are no representations or warranties of any kind, direct or implied, in connection with the Terms and Conditions or the Site, including but not limited to: non-infringement for a specific purpose, warranties of merchantability, except to the extent such representations and warranties are not legally excludable.

blossom eco skin care accepts no liability arising from the website, or on links provided from the website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, blossom eco skin care will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information from this website.

Where conditions and warranties implied by law cannot be excluded,blossom eco skin care limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or payment of the monetary value of the resupply.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control. further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event, shall our maximum aggregate liability exceed one hundred dollars ($100.00). you agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

INDEMNITY

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:

(a) your breach or non-observance of any term of these Terms and Conditions;·

(b) any breach or inaccuracy in any of your representations or warranties; or

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

NO COMMERCIAL USE

This Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this Site. You may not use this Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

USE OF INFORMATION

If you upload or otherwise provide any information or content ("User Content") in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:

(a) is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;

(b) infringes the intellectual or other proprietary interests of third parties;

(c)contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;

(d) violates any law, statute or regulation;

(e) forges information to disguise the origin of any User Content; or

(f) encourages or incites any other person to engage in any of the above behaviour.

You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other thanblossom eco skin care for convenience only. blossom eco skin care is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquiries regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by blossom eco skin care

BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.

RELATIONSHIP

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.

FORCE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

OFFERS

All terms of an offer must be met. Offers are limited while stocks last.

Offers are valid only for the period specified and will end at 11.59am AEST on the end date, unless stated otherwise in the offer terms. Orders placed on days with free shipping offers are not eligible for our 2pm same day dispatch guarantee. We reserve the right to vary, withdraw or cancel promotional offers for any reason at any time.

PRE-ORDER OFFERS

Sale of items during blossom eco skin cares pre-sale will be limited to a max order quantity per customer, per order. This max order quantity can be determined by blossom eco skin care at any time. Please note offer periods are subject to product availability and will terminate early once sold out. blossom eco skin care can withdraw offers at any time.

SUMMARY

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy and Shipping Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site.

We have taken great measures to ensure that your visit to blossom eco skin care is an enjoyable one. If you have any questions, comments, or concerns about our privacy practices, please contact us by email at monique@blosom.com.au