TERMS & CONDITIONS

Terms and Conditions for Buying Products and Just Browsing

Last updated on 26th April 2023

Isabella West Pty Ltd

ACN 650 036 383

hello@isabellawest.com.au

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Isabella West.

In these terms, we also refer to Isabella West as “our”, “we”, or “us”. 

And you are you!

What are these terms about?

These terms apply when you use this website, being isabellawest.com.au and any other websites we operate with the same domain name and a different extension (“Website”). 

These terms also apply when you purchase products through this Website (“Products”). 

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://isabellawest.com.au/pages/privacy-policy

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How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand. 

Those parts are:

  • Part A: Terms for when you buy Products (applies when you buy)
  • Part B: Terms for when you browse and interact with this Website (applies when you browse)
  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

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I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

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DISCLAIMER

By purchasing our Products, Services and using our Website, you acknowledge and agree to the following. 

(a) (Suitability) You are responsible for determining whether the Services are suitable for your requirements. You should consult a medical professional prior to using the Services if you are pregnant, breastfeeding or if you are unsure if the Services are appropriate or safe for current health circumstances. By purchasing and using Services, you acknowledge and agree that you have satisfied yourself completely on the suitability of the Services for yourself and that you have conducted your own research and enquiries before using the Services. If you are unsure about whether the Products or Services are suitable for you, please seek medical advice from a trained medical professional prior to using the Products or Services.
(b) (Results not guaranteed) We cannot guarantee any results from your use of the Services or Website. The results shared or displayed on the Website (if any) are all genuine results with real people but cannot be guaranteed. Everyone is an individual and results may vary. 
(c) (Not medical, legal or financial advice) The services provided do not replace professional medical, legal, or financial advice. We accept no responsibility from any adverse effects from using any of our Services or the information provided to you in our Services or on our Website. If you think you may have a medical issue, please seek medical advice from a trained medical professional. Any recommendations or advice provided within our services, or on our Website are Isabella West’s remedies of what actions you may take and are in no way to be taken as medical, health or nutrition advice and are not an exhaustive list of all possible solutions or remedies. Our Services and any information on our Website are not substitutes for medical, health or nutrition advice and should not be relied on as such. If you are unsure about your use of the Services or any information on our Website, we encourage you to seek professional advice.
 
(d) (Medical emergencies) If you require immediate medical attention, contact your treating general practitioner or call 000. Do not use this website if you have, or think you may have, an emergency or are in critical condition.

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Part A       For When You Buy Products… 

1. SUBMITTING AN ORDER

(a) By submitting an order for purchase of a Product using the Website's functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout. 
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2. ACCOUNTS
(a) To submit an Order and/or to purchase a Product, you may sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
3. PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
(c) We may issue gift cards for use on our Website. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you. Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else. 
4. PAYMENT
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Isabella West, you must pay the GST subject to Isabella West providing a tax invoice.
(d) (Card surcharges) Isabella West reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5. DELIVERY AND SHIPPING
(a) (Processing Times) We will endeavour to process your Order within 24-48 hours of receipt of payment, however this processing period may be extended from time to time due to holiday periods, Product launches and re-stocks, limited edition releases and promotions. All Orders are processed and shipped on business days in Brisbane only.
(b) (Opening periods) Please note that we may close for short periods of time and will not be processing Orders during periods of closure (Closure Period). We will let you know via our Website the details of the relevant Closure Period.
(c) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(d) (Delivery Details) Isabella West may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by Isabella West; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(e) (International Orders) Isabella West only offers delivery within Australia.
(f) (Liability) Claims for loss of or damage to Products in transit must be made against the carrier. We are not responsible for any loss or damage suffered to the Products in transit. 
6. CHANGES TO YOUR ORDER
6.1 CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

6.2. CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 6.3 may apply.

6.3. RETURNS AND EXCHANGES

(a) Due to the nature of the Products, we do not offer change of mind returns on Products or gift cards. This includes if you mistakenly purchase the wrong Product or gift card.

(b) We will provide a full refund of the price paid for a Product if we determine that:

(i) a Product you have ordered was not received by you solely due to failure by us;

(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

(ii) a Product is faulty, in accordance with clause 6.3(c).

(c) (Faulty products) The following process applies to any Product you believe to be faulty.

(i) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).

(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost within 14 days of our request for further inspection, including any manuals, documentation or registration shipped with the Product. We recommend sending products back via a tracked shipping service. We reserve the right to further inspection before deeming a Product faulty.

(iii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.

(iv) If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(v) If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

(vi) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

 

7. INTELLECTUAL PROPERTY
(a) Isabella West retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
8. THIRD PARTY SUPPLIERS
(a) We may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers, 
without further notice to or permission from you. 
(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

9. COLLECTION NOTICE AND PRIVACY

(a) We collect personal information about you in order to provide you with our Products, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) We may collect sensitive health information about you during the course of providing you Products or services on our Website. If we do, we only collect the information that you choose to provide us.

10. RATINGS AND REVIEWS

(a) You may rate a Product and/or may provide feedback on the Website regarding the Products or your experience with us (each a Review).

(b) Reviews can be viewed by any Website user and will remain viewable until the Product is removed or your Account is terminated.

(c) You must only provide true, fair and accurate information in your Reviews.

(d) If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban you from using the Website, or posting further Reviews. We do not undertake to review each Review made by a customer.

(e) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

(f) You may only write a Review about your own shopping experience or the Products you have purchased from us, which means that:

(i) you have purchased a Product from us via the Website; or

(ii) you have placed an Order with us via the Website; or

(iii) you can otherwise document your shopping experience with us, including via correspondence, customer service, or other interaction with us via the Website or otherwise, 

(collectively referred to as a Shopping Experience).

(g) You may only write about your own Shopping Experience. You are not permitted to write a Review about somebody else’s Shopping Experience, such as that of a family member or friend.

(h) We may publish your Rating and/or Review on our platforms for the purpose of promoting Isabella West and the Products, including on our Website and social media accounts from time to time. You agree to us publishing your Rating and/or Review and associating your name with such Rating and/or Review. 

Part B       For When You Browse This Website…

11. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

12. INTERACTION WITH OUR SOCIAL MEDIA ACCOUNTS

(a) When interacting with our social media accounts (including but not limited to Facebook and Instagram) (our Platforms), you may have the opportunity to comment, post and contribute to discussions (Posted Materials).

(b) We reserve the right to remove the Posted Materials at our discretion at any time and remove you from our Platforms, including where:

(i) the Posted Materials offend other users in our community or is deemed by us to be offensive, including where the Posted Materials are harmful, discriminatory, illicit, illegal or defamatory;

(ii) the Posted Materials threaten, intimidate or bully other users in our community or Isabella West personnel;

(iii) the Posted Materials infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

(iv) the Posted Materials are excessive such that hinders other users’ ability to contribute and interact with our Platforms;

(v) the Posted Materials are off topic and irrelevant to the content we share on our Platforms; or

(vi) your behaviour on the Platforms is otherwise inappropriate. 

13. YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Isabella West;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Isabella West, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

14. INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

15. INTELLECTUAL PROPERTY 

(a) Isabella West retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Isabella West or as permitted by law.

(c) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

16. THIRD PARTY TERMS AND CONDITIONS

(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply.

(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Isabella West will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

17. LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

18. THIRD PARTY PLATFORM

(a) This Website is powered by a third party platform (currently Shopify), and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

19. SECURITY

Isabella West does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

20. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Part C       Liability And Other Legal Terms…

21. LIABILITY

(a) (Disclaimer) You acknowledge and agree that nothing on the Website, including the sale of the Products, is intended to constitute medical, health, nutritional or professional advice and should not be relied on as such. We accept no responsibility from any adverse effects from using the Products or the information provided to you on the Website or on any of the Products. You are responsible for determining whether the Products are suitable for your requirements, including whether the Products are appropriate or safe for any allergies, skin conditions or current health circumstances. By using a Product, you acknowledge and agree that you have satisfied yourself completely on the suitability of the Products for yourself and that you have conducted your own research and enquiries before purchasing and/or using the Products.

(b) You acknowledge that Isabella West is not the manufacturer of the Products.

(c) To the maximum extent permitted by applicable law, Isabella West limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Isabella West, is limited to the greater of:

(i) the total Fees paid to Isabella West by you in the 3 months preceding the first event giving rise to the relevant liability; and

(ii) $100AUD.

(d) Claims for loss of or damage to Products in transit must be made against the carrier.

(e) Products sold by Isabella West, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

(f) All other express or implied representations and warranties in relation to Products and the associated services performed by Isabella West are, to the maximum extent permitted by applicable law, excluded.

(g) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(h) (Indemnity) You indemnify Isabella West and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':

(i) breach of any of these terms;

(ii) use of the Website; or

(iii) use of any goods or services provided by Isabella West.

(i) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Isabella West be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Isabella West (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

22. FORCE MAJEURE 

(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

(b) Subject to compliance with clause 22(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
(c) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
(ii) strikes or other industrial action outside of the control of the Affected Party;
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

23. GENERAL

23.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

23.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

23.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

23.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

23.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

23.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

23.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

23.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or "dollar", is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

 24. NOTICES

(a) A notice or other communication to a party under this agreement must be:

(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent; or
(ii) when replied to by the other party,
whichever is earlier.