Terms & Conditions
Welcome to the
website offered to you by Belle’Botanique Pty Ltd (the “Company”).
Belle’Botanique Pty Ltd, Australian Business Number (78 620 830 275) provides the content and services available on the Web Site to you subject to the following terms and conditions, and policies which you may find throughout our Web Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Web Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
AGREEMENT BETWEEN USER AND BELLE’BOTANIQUE PTY LTD
www.bellebotanique.com and www.bellebotanique.com.au Web Site is offered to you and on the condition of your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Web Site constitutes your agreement to all such terms, conditions, and notices.
Belle’Botanique Pty Ltd reserves the right to change the terms, conditions, and notices under which www.bellebotanique.com and www.bellebotanique.com.au Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Web Site. Your continued use of Belle’Botanique Pty Ltd.’s Web Site constitutes your agreement to all such terms, conditions, and notices.
3. MODIFY SERVICES:
Belle’Botanique Pty Ltd. may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.
4. PRODUCTS AND SERVICES FOR PERSONAL USE:
The products and
services described on the Web Site, and any samples thereof we may provide to
you, are for personal use only. You may not sell or resell any of the products
or services, or samples thereof, you purchase or otherwise receive from us. We
reserve the right, with or without notice, to cancel or reduce the quantity of
any order to be filled or products or services to be provided to you that we
believe, in our sole discretion, may result in the violation of our Terms and
Belle’Botanique Pty Ltd accepts no liability for misuse of any products sold through the Web Site. By purchasing any of the goods listed on the Web Site, purchasers understand how the products are to be used and use them at their discretion.
5. INFORMATION ON THIS SITE:
Belle’Botanique Pty Ltd makes no representations as to the accuracy of the information presented at or via the Web Site. You agree that you must evaluate, and bear all risks associated with, the use of all information at the Web Site, including any reliance on the accuracy, completeness, or usefulness of it. By using the Web Site you agree that Belle’Botanique Pty Ltd and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:
a) the accuracy
or otherwise of the information displayed or omitted from the Web Site;
b) any person’s reliance on the information presented on the Web Site;
c) any loss in connection with the use of the Web Site.
We attempt to be as accurate as possible when describing our products on the Web Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Web Site are accurate, complete, reliable, current, or error-free.
6. PROPRIETARY RIGHTS:
You acknowledge and agree that:
a) the Web Site
and any necessary software used in connection with the Web Site contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws;
b) The Content contained in sponsor advertisements or information presented to you via the Web Site or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Belle’Botanique Pty Ltd, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.
7. DISCLAIMER OF WARRANTIES:
You expressly understand and agree that:
a) your use of
the Site is at your sole risk.
b) the Web Site is provided on an “as is” and “as available” basis.
Belle’Botanique Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a purpose and non-infringement. Belle’Botanique Pty Ltd makes no warranty that:
a) the Web Site will meet your requirements;
b) the Web Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Web Site will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations; and
e) any errors in the Web Site will be corrected.
downloaded or otherwise obtained through the use of the Web Site is done at
your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download
of any such material. Subject to the provisions of consumer protection
legislation that cannot be excluded, the customer /user expressly agree that
the use of any product including but not limited to skin care and beauty
products purchased from Belle Botanique is at the user's sole risk.
1. Without limiting Belle Botanique’s legal rights arising from any failure by you to make a payment in accordance with the Terms of Trade, Belle Botanique reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment:
a. withhold supply and dispose of the Products requested in the Order, and/or
b. refuse to deal further with you, and Belle Botanique will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
2. Subject to the Terms & Conditions and to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.
3. Subject to the “No Warranty" clauses and to the fullest extent permitted by law, the liability of Belle Botanique for any loss or damage suffered by you as a result of Belle Botanique breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products.
9. LIMITATION OF LIABILITY:
Subject to the provisions of consumer protection legislation that cannot be excluded, Belle Botanique accepts no liability arising from the information on this website, or on websites linked from this website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Belle Botanique will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information on this website. Where conditions and warranties implied by law cannot be excluded, Belle Botanique limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or paying you the cost of that resupply.
As with all products one should exercise caution in their use of cosmetics, perfume sprays and perfume oils. If a rash develops, or itching occurs discontinue use immediately and wash affected area thoroughly with soap and water. Visit your doctor if needed. Keep cosmetics/perfumes away from children
10. TRADE MARK INFORMATION:
Belle’Botanique, Belle Botanique names and trade marks, including the distinctive slogans and logos, that appear at the Web Site are trade marks of Belle’Botanique Pty Ltd. You agree not to display or use or link to the Trade Marks in any manner without prior permission from Belle’Botanique Pty Ltd.
11. LINKS TO THIRD PARTY SITES OR SERVICES:
Web Site may contain
links to sites of third parties. Those sites are not under the control Belle’Botanique
Pty Ltd and Belle Botanique is not responsible in any way for the contents of
any linked site. The links are provided for your convenience only and the
existence of the link does not imply any endorsement of the linked site by
Belle Botanique. Any link by you to a third party’s site is done at your own
Belle Botanique is not responsible for webcasting or any other form of transmission received from any linked site.
The Web Site may also contain advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Belle Botanique does not recommend or endorse any products or services offered by third party advertisers. You must check with the advertiser for information about products or services offered.
Belle Botanique does not endorse any offers made by any third parties and the third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.
Belle Botanique relies on you observing these terms. You agree to indemnify and hold Belle’Botanique Pty Ltd and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of the Web Site. The indemnity is this clause extends to and covers your breach of these terms.
13. YOUR ACCOUNT:
We encourage you
to register and create your Account Profile. By registering with us, you can
take advantage of exclusive shopping offers, new product launches and special
sampling programs whenever they become available.
You may choose to register at our Web Site if you are over 15 years of age. Do not register if you are not over 15 years of age. If you are over 15 years of age and do register, you will have an email address/username and password for your 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 Web 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 caused by any wrongful use of the Web 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 Belle’Botanique Pty Ltd.’s best interests to do so.
14. YOUR ORDERS & DELIVERY:
Orders will be
usually dispatched within 1-4 business days from the date of ordering.
Orders are processed and shipped on business days only (Monday through Friday, excluding public holidays).
We will take all reasonable care to deliver to the address given. However, we will not be liable for non-delivery or mis-delivery as a result of incorrect address entry.
Belle’Botanique Pty Ltd gladly accepts orders from all around the globe. However available product lines, shipping rates and fees may vary depending on the delivery address for your order. All purchases are subject to payment authorisation prior to processing. Only authorised purchases will be processed and delivered.
Your order will be delivered by a secure courier service. Please ensure that someone will be present to sign for it. If no-one is available, the delivering courier will leave a card with details of where you can pick up your parcel. To ensure secure and undamaged delivery of your order, express courier service will not be able to leave it 'hidden' at the address.
15. RIGHTS TO USE INFORMATION YOU SEND US:
If you send any information to us whether by email, electronic or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.
All transactions are in Australian currency or equivalent currency conversion.
Notices must be
in writing and may be given by hand, ordinary post, facsimile or email. A
notice by us to you is taken to be duly given and received -
• if delivered by hand, when delivered;
• if delivered by prepaid registered post; after you acknowledge the receipt by signing it;
• if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and
• if delivered by email, one business day after sending.
18. APPLICABLE LAW:
By visiting the
Web Site, you agree that the laws of the state of South Australia, without
regard to principles of conflict of laws, will govern these Conditions of use
and any dispute of any sort that might arise between you and Belle Botanique Pty
These terms are covered by the law in force in the State of South Australia and the parties are to submit to the non-exclusive jurisdiction of the courts of South Australia.
and agree that these Terms and Conditions constitute the complete and exclusive
agreement between us concerning your use of the Web 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 Web Site and providing notice of such change. Any changes are effective immediately upon posting to the Web Site and release of notice of such change. Your continued use of the Web Site thereafter constitutes your agreement to all such changed Terms and Conditions.
All Rights Reserved by Belle Botanique Pty Ltd. ABN 78 620 830 275.