terms and conditions

Welcome to purebotanicals.com.au and thank you for shopping with us. These Terms and Conditions govern the use of purebotanicals.com.au ("the website") and the purchase of any goods from it. The website is owned and operated by Pure Botanicals Pty Ltd (ABN 98 111 883 928). If you need more assistance you can always contact our Customer Service on (02) 9034 0555 between 10am - 5pm AEST Monday to Friday, or email info@purebotanicals.com.au.

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Pure Botanicals reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

LIMITATION OF LIABILITY
Any liability of Pure Botanicals or Pure Botanicals’ Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Pure Botanicals be limited to:
  1. In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and 
  2. In relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

COPYRIGHT
Copyright in the purebotanicals.com.au website is property of Pure Botanicals. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Pure Botanicals and third parties. This property may only be used for the purposes of browsing the purebotanicals.com.au website and acquiring goods and services of purebotanicals.com.au.

APPLICABLE LAW
These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts, which may hear appeals from those courts.

INFORMATION PROVIDED BY YOU
If you purchase goods and services from purebotanicals.com.au or create a membership account with us, we may require you to provide your name, address, email address, phone number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide purebotanicals.com.au with current, complete and accurate customer information when asked to do so by the website or an employee of Pure Botanicals.

VIRUS WARNING
All care is taken to ensure that purebotanicals.com.au website and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.

PRIVACY
We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions:

PRIVACY POLICY

At purebotanicals.com.au, we would like to assure you that we take your information and privacy very seriously. The following is a description of what we do and don't do with your details.

INFORMATION YOU PROVIDE US
For purebotanicals.com.au to process your order, we need information such as your name, email or contact number, delivery address and PayPal details.
Outside of information that you enter on the web site, we also receive and store certain types of information when you interact with Pure Botanicals, this is provided through the use of Cookies.


WHAT ARE COOKIES?
  • Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser.
  • Cookies enable our systems to recognise your browser and welcome you back to the Store.
  • By disabling cookies, you will not be able to participate in some of the features offered by purebotanicals.com.au.
  • Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. As there are many browsers in the marketplace, the easiest way to change your settings is by searching for Cookies in your Help/Contents and Index option on your browser.
  • We recommend that you leave your Cookies enabled otherwise you will not be able to shop with us.
  • Our cookies don't send us back any information about your computer or any other information on your hard drive.

HOW DO WE USE THIS INFORMATION?
Information that you have provided us will be used in four ways:
  • To enhance your shopping experience
  • To communicate to you new products and services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by replying to the communication with an unsubscribe message
  • To communicate issues or opportunities regarding the business or operations of Pure Botanicals Pty Ltd or any of its subsidiary organisations
  • To generate a holistic but anonymous view of the purebotanicals.com.au customer base. This information will allow us to analyse trends and demographics to help purebotanicals.com.au to improve on the services provided.

It is important to note that we send periodical communications to people who have "opted in" to receive email newsletter updates about products and special offers, and retain the right to inform our customers of changes in our business operations from time to time. We intend to honour our members' rights to privacy and do not set out to "spam" our members in any way.

INFORMATION SECURITY
  • All information submitted to purebotanicals.com.au is secured using Secure Sockets Layer (SSL) software.
  • Information sitting on the purebotanicals.com.au website is protected by state-of-the-art encryption and firewall technology.

ACCESSING YOUR INFORMATION
Personal information provided by you can be viewed and changed by you if information provided is incorrect or out of date.
  • purebotanicals.com.au provides you with the following tool to manage your information, the tools will evolve as the purebotanicals.com.au website evolves:
    • My Account (To manage all personal details)
    • If you need more assistance you can always contact our Customer Service team on (02) 9034 0555 between 10am - 5pm AEST Monday to Friday, or email info@purebotanicals.com.au

OTHER PRIVACY INFORMATION TO BE AWARE OF
Sign out or close your browser once you have finished shopping within purebotanicals.com.au or associate partner stores. This is to ensure that others cannot access your personal information and correspondence.

If you share a computer with someone or are using a computer in a public place like a library or Internet café, you as an individual are responsible for the security of and access to your computer.
  • You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet and purebotanicals.com.au
  • Further Privacy information can be obtained on the Australian Privacy Commissioner's Web Site

If you need more assistance you can always contact our Customer Service team on (02) 9034 0555 between 10am - 5pm AEST Monday to Friday, or email info@purebotanicals.com.au.

PRODUCT INFORMATION
Prices of goods and services, postage and handling fee, and other charges displayed on the purebotanicals.com.au website are current at the time of display. These prices are subject to variation without notice.

We will always attempt to be as accurate as possible with our product descriptions and pricing.

However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

PLACING AND ACCEPTING ORDERS

Orders will not be dispatched until payment in full has been received and purebotanicals.com.au is satisfied with the integrity of the order.

Without limiting the operation of any other Terms and Conditions herein, purebotanicals.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

CANCELLATION BY US
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

CANCELLATION BY YOU

If you need to cancel an order, please contact us immediately on (02) 9034 0555. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

DELIVERY
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with Australia Post who we believe will always do their best to deliver products by the estimated delivery date.

It is the responsibility of the customer to inform purebotanicals.com.au if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the Australia Post to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery.

Please note that if an item has been lost in transit, we will not dispatch a replacement item immediately. Replacement items will be dispatched according to our discretion.

As a guide only, Australia Post attempt to deliver to assigned addresses between 9am and 5pm Monday to Friday. Unfortunately, we are unable give a guaranteed time of delivery. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

PROMOTIONS AND COMPETITIONS
Other Terms and Conditions not listed herein and applying to purebotanicals.com.au promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail. Should you object to any of these Terms and Conditions (including any subsequent amendments) you must immediately discontinue using this website.

SUPPLIERS
If you enter into a transaction through Pure Botanicals to purchase services or vouchers for those services supplied directly by a third party, Pure Botanicals is not responsible for the provision of those services or for any misunderstanding between you and the supplier.

In all arrangements involving the direct provision of services by third parties, Pure Botanicals accepts no liability of any kind in connection with or arising from such an arrangement.

RELEASE AND INDEMNITY

You agree to waive any and all claims that you now have or may have in the future against Pure Botanicals and Pure Botanicals’ Associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Pure Botanicals harmless from and against any and all claims, loss or expense that may be incurred by Pure Botanicals or Pure Botanicals’ Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Pure Botanicals and Pure Botanicals’ Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.
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