TERMS AND CONDITIONS OF USE OF THE AMACYN NATURAL PERFUMES WEBSITE AND THE SUPPLY OF GOODS
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The following terms and conditions apply to all users of the www.amacynperfumes.com website and to all purchases of goods and services from Amacyn Corporation Pty Ltd (trading as Its Amacyn Natural Perfume). (“we” or “us”). By viewing and using the website you will be deemed to agree to these terms of use (“Terms”) without qualification. If you do not agree to be bound by these Terms, you should stop accessing and using the website.
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We are Australian owned and operated.
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A. Our Website
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1. Copyright and Limited Reproduction Notices:
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The contents of the website are the copyright of Amacyn Corporation Pty Ltd. No part of the website may be distributed or copied for any commercial purpose and you may not incorporate any part of it in any other work (whether in hard copy, electronic or any other form). No part of the website may be published, copied, transmitted or stored (including in any other website or other electronic forms), except that you may print, or download to your hard drive, extracts from the website only for your own use.
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2. Linking:
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The contents of the website may include links to third-party materials (“linked sites”) authorised by us and in agreement with the third party. We will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with their operators. We reserve the right to prohibit links to the website and you agree to remove or cease any link upon our request. You may not frame any part of the website material by including advertising or other revenue-generating material.
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We do not allow external websites to use any part, content, or pages of our site to create a backlink to any pages or content on their website without our consent. We reserve the legal right to sue any backlink or spam backlink created from our website by an external website owner and or legal entity without our consent. We reserve the legal right to ask for financial compensation as an outcome of reduced site traffic.
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3. Advertisers:
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Any dealings with any advertiser appearing on the website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
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4. Disclaimer:
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The website makes information and material available to you as a service. Use of the website material is at your own risk. We are not responsible for any adverse consequences arising out of the use of information contained on the website. The material provided on the website has not been prepared by taking into account the particular objectives, situation or needs of any individual users. It is a general information service only. You should assess whether it is appropriate in light of your own objectives, situation and needs. We do not give any warranty on the accuracy or reliability of information contained on the website to you or any other person.
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5. Liability:
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While reasonable care has been taken to ensure the facts stated in the website are accurate and the opinions given are fair and reasonable, neither we nor any of our employees, to the fullest extent permitted by law, will be responsible for errors or misstatements or be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused (whether direct, indirect, consequential, special, or loss of profits).
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B. Use of the Website and Online Channels
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1. Supply:
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On receipt of a purchase order, we will endeavour to supply you with the goods or services ordered, but we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order.
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2. Terms:
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We will supply ex-work goods and services to you on these Terms only (as we may amend them from time to time). The only circumstance where any variation to these Terms will apply is where we have expressly agreed in writing to that variation. If there is any conflict with other terms of trade, these Terms will take priority over any other terms of trade.
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3. Product information:
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All information given on the website is for your guidance but does not afford a guarantee of use. Common sense and discretion are advised in the proper and safe use of all products purchased from us.
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4. Advertised goods:
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Where goods are advertised with reference to a photograph, we cannot guarantee that your monitor’s display of any colour and details will be accurate. We will endeavour to deliver the corresponding goods but do not warrant that the goods we deliver to you will be identical to those displayed in the photograph or on your monitor.
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5. Price & Payment:
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The price of the goods or services is stated on the website at the time we accept your purchase order. The prices exclude goods and services tax (“GST”). We may alter prices without notice. Payments are processed through the secure Paypal and Square payment system. Any credit card details stored for recurring payments are done so on the Paypal system. No credit card information is stored by us. Payments must be received prior to orders being shipped.
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6. Delivery and Insurance Charges:
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You will pay the delivery, handling, packaging and insurance charges related to your purchase order. In respect of goods delivered to a delivery point in Australia, the delivery charges set out on the website includes the costs of delivery by the usual methods of transportation used by us. We may, if you request, arrange delivery by other means or at other times but we will be entitled to charge you for any additional costs we may incur.
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7. Delivery:
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We will endeavour to deliver goods on the agreed delivery dates but we will not be liable for late delivery. Late delivery does not entitle you to cancel any order or part order. Delivery will be deemed to have been made when the goods left our warehouse/pick-up address or if you are to arrange delivery when the goods are available for collection by you. Delivery cost is pre-paid. You agree to comply with the IATA DG Rules and Aviation regulations in relation to marking, labelling, packing, and shipping your parcel. You are not entitled to return, or cancel any order or part order if your parcel is marked and labelled as dangerous goods. If you do, it is considered and deemed of you breaching your contract with us and you forfeit your right to a credit note. You are not entitled to a refund per Section 9 of our Terms and Conditions. The make of the bottle allows for a space unfilled to avoid leakage when the product is transported, particularly when shipped by air. This is to comply with the rules of IATA, CASA, and NTC. By purchasing with us in-store and online you agree to comply with these packing requirements. Questioning this compliance after purchasing is considered and deemed that you breached your terms and conditions with us and you forfeit your right to a credit note.
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8. Risk and Ownership:
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Risk in goods purchased from us will pass to you when the goods left our warehouse/pick up address but legal and beneficial ownership in goods remains with us until all sums owed to us, in respect of those goods and all other goods supplied by us, are paid in full.
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9. Authorised Returns:
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You agree to have a credit note instead of a refund whenever you purchase from us, if you qualify for it as per our exchange and return policy.
You must return goods purchased from us, if the goods are returned in an unused condition, in their original packaging and the goods are returned to us, within 7 days of the invoice date (14 days for international customers. When purchased with us online and instore a sales contract between you and Amacyn Corporation Pty Ltd is created and completed. Our exchange and return policy and process is a part of this contract, which you have the legal obligation to comply. You agree to go through and comply with our exchange and return policy and all our internal process prior to escalating to third party financial and legal entities, and regulatory body. Learn more about our exchange and return policy and process at https://www.amacynperfumes.com/exchange-and-return-policy.
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10. Warranties:
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We will pass on to you the benefit of any warranties given by the manufacturers or suppliers of the goods. However, we expressly exclude to the fullest extent permitted by law all other warranties, descriptions, representations or conditions whether implied by law, trade, custom or otherwise.
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11. Limitation of Liability:
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Our liability for any claim, damages, loss or expense related to the supply by us of goods or services is limited to the cost paid by you for the goods or services and except where statute expressly requires otherwise. To the fullest extent permitted by law we will not be liable in any event whether in tort (including negligence), contract or otherwise for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
12. Consumer Guarantees Act 2010 (the “Act”):
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If you are a consumer under the Act: (a) and you are acquiring or holding yourself out as acquiring the goods for a business purpose, the Act will not apply; and
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13. Changes to Terms and Conditions:
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We reserve the right to change these Terms at any time by notifying users of the existence of revised terms and conditions through the website. By continuing to access the website, you agree to be bound by the amended terms and conditions.
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14. Waiver:
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If at any time we do not enforce any of these Terms or grant you time or other indulgence, we will not be construed as having waived that term or our rights to later enforce that or any other term.
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15. Severability:
If any portion of these Terms is deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
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16. Governing Law:
These Terms will be governed by Australian law and you agree to submit to the exclusive jurisdiction of the Australian Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.