Terms & Conditions
WEBSITE TERMS OF USE
Application of these Terms of Use
1. This website is owned and operated by Artoby Pty Ltd (ABN 41 123 032 815) trading as Turramurra Natural Beauty (we, us or our).
2. By accessing this website (Site), you agree to be bound by these Website Terms of Use as amended from time to time (Terms of Use).
3. These Terms of Use are in addition to any such other terms and conditions that apply to the sale of goods or provision of services by us to you, such as our Returns Policy.
4. We may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment will constitute your agreement to be bound by these Terms of Use, as amended.
Our Content and Intellectual Property
5. All content displayed on this Site, including all coding, text, graphics, advertisements, names, logos and information (Our Content) are our property or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws. All rights reserved.
6. You expressly acknowledge that your use of this Site does not result in you gaining any right, title or interest to Our Content or any other aspect of the Site.
7. All Our Content and this Site are subject to changes without notice. Changes may include imposing limits on, discontinuing or restricting your access to certain features or parts of Our Content or this Site.
Your use of Our Content and Site
8. You may use Our Content and this Site for your personal purposes only. You may not, in any form or by any means, copy, reproduce, modify, distribute, publish or create derivative works from, or use for any commercial purpose any part of Our Content or this Site.
9. In particular, you are prohibited from using any form of data mining, robots, or similar data gathering and extraction tools, reproducing or "framing" any pages of this Site or Our Content.
10. You must not use any of Our Content or this Site in any manner or for any purpose which is illegal or prohibited by any laws.
Accounts and Passwords
11. If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password. You are responsible for all use of your username and password.
Links to Third-Party Sites
12. We may provide on this Site links to websites operated by other entities, which in turn may contain hyperlinks to further third party websites (collectively Linked Sites).
13. Access to Linked Sites is provided for convenience only, and you are responsible for evaluating whether you want to use a Linked Site.
14. You acknowledge that:
(a) when accessing and using any Linked Sites, you will be subject to their terms and conditions of use;
(b) we do not control, guarantee, sponsor, endorse or approve of any Linked Sites;
(c) we are not responsible for any features, content, products or other materials on or available from a Linked Site; and
(d) we are not a party to your relationship with the owners or operators of a Linked Site, and any rights, claims or actions you may have in respect of a Linked Site may only be brought directly against the owners or operators of the Linked Site.
Services, Products and Purchases
15. When you make a purchase of any services or goods that are offered through this Site (Purchase), you agree to abide by the terms and conditions applicable to that Purchase.
16. This Site is available for purchases by individuals for personal use, and you agree not to use it for commercial purposes.
17. We reserve the right to refuse any order that we consider is for commercial use or on-sale or where a product is out of stock.
18. Whilst we take reasonable precautions to ensure that the price and details of products listed are correct, we reserve the right to cancel the order and refund any amount charged to your credit card if there is an issue with the description, price or the product is out of stock.
19. We do not guarantee the availability of any products advertised on the Site.
20. Any orders through this Site constitute offers and can be accepted or rejected by us.
21. We deliver products within Australia only.
22. Once we have accepted an order placed by you and payment has been processed, the Purchase cannot be cancelled by you.
23. Title in any products purchased through this Site does not pass to you until payment has been received in full. Risk of loss or damage to goods passes to you upon dispatch from our premises.
24. Prices are inclusive of GST.
25. Payment can be made by Visa, Mastercard or American Express.
Gift Certificates and Gift Vouchers
26. You may purchase a gift certificate or voucher on our Site.
27. Gift certificates and vouchers are valid for a period of three years from the purchase date (Validity Period).
28. Gift certificates and vouchers can only be redeemed within the Validity Period for facial and body treatments or products available on the redemption. Gift certificates and vouchers cannot be exchanged for cash.
29. Gift certificates and vouchers cannot be used online. They are redeemable only by presentation at Turramurra Natural Beauty, Suite 2 and 3, 1051 Pacific Highway, Pymble, NSW within the Validity Period.
30. Gift certificates and vouchers are non-transferable and non-refundable. If the redeemer of the certificate or voucher does not show for a booked treatment, this will result in cancellation and will be treated as a full redemption of value. Any additional cost exceeding the value of the certificate or voucher must be paid by the redeemer. In the event of any dispute, the decision of Turramurra Natural Beauty is final.
Australian Consumer Law
31. Consumers have certain rights under the Australian Consumer Law and similar state and territory legislation (ACL). If you have rights under the ACL in respect of your use of this Site and your Purchases, including rights arising from any statutory guarantee, nothing in these Terms of Use operates to exclude those rights. To the extent that you have greater rights under the ACL in respect of returning products than under our Returns Policy, then those rights under the ACL are not diminished.
Liability and Indemnity
32. Subject to paragraph 31 and to the extent the law permits:
(a) we are not liable to you or any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) Our Content or this Site, and you indemnify and hold us harmless in respect of any and all claims, loss or damage, however, arising (whether in negligence or otherwise) in connection with:
(i) your failure to comply with these Terms of Use;
(ii) your use, misuse or reliance on Our Content and this Site;
(iii) your use, misuse or reliance on Linked Sites; or
(iv) any acts or omissions by you; and
(b) all warranties, representations and implied terms and any liability which may arise in relation to your access to or use of this Site or Our Content, or the Purchases, is expressly excluded to the extent permitted by law.
33. Under no circumstances, we will be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.
34. Where liability cannot be excluded under the ACL, to the extent permitted by law, our liability is limited, in our discretion, to the re-supply of the goods or services or payment of the cost to have those goods or services re-supplied.
Disclaimers
35. Whilst we endeavour to keep information on this Site updated, we have no responsibility to update any information on this Site. To the extent permitted by law, we make no representations or warranties about the accuracy, completeness, security or currency of Our Content. Our Content is provided in good faith on an "as is" basis without warranty of any kind.
36. Although reasonable precautions have been taken, we do not guarantee this Site will be continually available or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted through the Site.
37. Subject to paragraph 31 and to the extent the law permits:
(a) you acknowledge that your use of the Site, Our Content and Linked Sites as well as any Purchases you make are entirely at your own risk and are provided without warranty, either express or implied; and
(b) we do not accept responsibility for any interference, loss or damage to your data, computer system, or mobile device which arises in connection with your use of this Site.
Privacy
38. You may be asked to input information about yourself on different areas of this Site, including for completion of any Purchase, such as your name, email address, address and other contact information.
39. Any personal information that you provide to us through this Site will be collected and used to manage your bookings or account, process your Purchases, answer your enquiries, keep you updated of our promotional offerings and other reasonably foreseeable purposes.
40. You consent to our use of your personal information for marketing purposes, including by means of commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.
41. We may share your personal information with our suppliers involved in processing and delivering your Purchases.
42. We may use both stored to create aggregate statistics to further improve this Site and session cookies to identify you as a current user only for the duration of your browser session. You may adjust your browser settings to disable those cookies, however if you disable session cookies, you may be unable to access and use all features of this Site.
43. Our Site is currently hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our services and products to you. Your data is stored through Shopify Inc’s data storage, databases and the general Shopify application on a secure server behind a firewall.
44. We cannot guarantee that information provided over the internet (including via this Site or email) will be a secure transmission. If security features such as encryption are being applied, it will be indicated in this Site, otherwise exchange of information is not encrypted or otherwise security protected.
45. If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at service@turramurranaturalbeauty.com.au or by mail at Turramurra Natural Beauty, Suite 2 & 3, 1051 Pacific Highway Sydney New South Wales NSW 2073.
SPAM
46. Any publication of our email addresses on this Site is to facilitate communications relating to the goods and services supplied by us. It must not be inferred as being our consent to receive unsolicited commercial electronic messages.
Termination
47. We may suspend or terminate your access to this Site at any time without reason or notice. The Terms of Use survive such suspension or termination.
Jurisdiction
48. These Terms of Use are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts in that place.
Last Updated: 5th September 2019