TERMS AND CONDITIONS
'Credit Card Account' means your Visa or Mastercard account as notified to us in your order form;
'Paypal Account' means your Paypal account notified to us in your order form;
'GST' means good and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999.
Intellectual Property includes (without limitation) any right to, and any interest in, any patent, design, trade mark, trade name, and all goodwill rights associated with such works, copyright, trade secrets and any other proprietary right or form of intellectual property (protectable by registration or not) in respect to any know-how, technology, concept, idea, specification, formula, drawing, photograph, image, document, program, design, system process, logo, mark, style or other thing of similar nature conceived used developed or produced by any person;
'Persons' includes a corporation, association, firm, company, partnership or individual;
'Product' means the products on this website which you may order from us;
'Site' means the Innoscent website;
'Terms' means these terms of sale;
'We', 'our' or 'us' means Innoscent Pty Ltd ABN 43 137 478 472 its agents, representatives, successors and assigns; and
'You', 'your', 'Buyer' means the person placing the order for Products on this website pursuant to these Terms, including that person's successors and assigns.
2.1 Innoscent reserves the right to accept or decline in whole or in part any order for goods placed by you.
2.2 The agreement between Innoscent and you for the supply of goods commences on the date that Innoscent agrees to supply the goods ordered by you. This will not necessarily be at the time the order is initially received by Innoscent.
2.3 You must:
Only order products in accordance with the instructions on this website; and
Pay for the products in full (without set-off or deduction of any kind) by authorising us to charge your Credit Card or Paypal Account.
You warrant that you are authorized to use your Credit Card or Paypal Account by the relevant company.
While we will endeavour to fulfil your order, we will not be liable to any person if we decline to fulfil an order, or we are unable to supply the Products in your order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. We reserve the right to alter, upgrade or discontinue any Product or information contained on the Site without notice.
We may cancel orders if we believe that they are fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.
3. Price and Payment
3.1 The prices quoted and displayed on innoscent.com.au are in Australian dollars and subject to variation without notice. Where applicable local taxes are shown and included in the price.
3.2 All prices are correct at time of publication; however, we reserve the right to alter prices for any reason at any time.
3.3 The price payable by you will be Innoscent's prices and charges in effect at the time of the goods being delivered by Innoscent to you the Buyer or collected by the Buyer, or such other price as is otherwise agreed between Innoscent and the Buyer.
3.4 Prices do not include delivery charges. Any delivery charge payable by you will be shown as a separate amount on the invoice provided to the Buyer.
3.5 Innoscent may establish a credit account for the Buyer with agreed terms for payment, and the Buyer hereby agrees to pay for goods ordered from Innoscent in accordance with those terms. Until the Credit Account has been established, the Buyer agrees to pay for the goods ordered prior to Innoscent commencing to manufacture or acquire the goods.
3.6 If the Buyer fails to pay any amount to Innoscent when it is due, whether in accordance with an invoice or the terms of an account, Innoscent may:
(a) charge interest on the amount owing from the date it becomes due at 1% per month or part thereof;
(b) suspend further deliveries of goods to the Buyer until all amounts due, including any interest payable and costs, have been received by Innoscent; and
(c) terminate its agreement with the Buyer in relation to goods which have not been delivered or collected.
3.7 The Buyer must pay Innoscent any costs that Innoscent incurs in recovering any amounts which you owe to Innoscent.
3.8 Products displayed on innoscent.com.au will be purchased using a secure online Visa or Mastercard transasction facility or using the Paypal facility.
4. International Orders
4.1 Currently Innoscent does not ship from our online store to countries outside of Australia.
5. Promotional offers
5.1 All promotions and offers are exclusive to innoscent.com.au unless otherwise stated. Any promotion or offer may not be used in conjunction with another unless otherwise state. Promotions and offers are subject to availability and Innoscent reserves the right to revoke promotions and offers at any time and for any reason without notice. Innoscent reserves the right to run promotions and offers for set periods of time and in specific geographies and not others if it so chooses. Free gifts cannot be exchanged for cash, resold by the purchaser, or returned for a refund or replacement unless the product is faulty. Any decision made by Innoscent regarding promotions and offers on the site is full and final. Promotions are available for a limited time period only, any purchases placed before or after the promotion may not receive the free gift or offer.
6. Shipping and Delivery
6.1 Innoscent will deliver the Products to the premises nominated in your order at your cost, unless provided as a promotion, within a reasonable time of accepting your order. We will not be liable to you for a late delivery. Late delivery does not entitle you to cancel any order or part of any order.
6.2 The method of transport used in delivery of goods to you will be at Innoscent's option.
6.3 We may deliver the Products to you by instalments and each delivery will be a separate contract independent from the other deliveries.
6.4. We will re-deliver, replace or refund the Product (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.
6.5 In the event that the Buyer's premises are unattended when Innoscent's cartage contractor delivers the goods, the signature of the person who delivers the goods on the delivery docket shall be prima facie evidence that the goods were, in fact, delivered.
7. Title and Risk
7.1 We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products. The Products are at your risk as soon as they leave our premises for delivery to you.
8.1 The Buyer, its servants, agents or employees who enter Innoscent's premises for the purpose of ordering or collecting goods does so at his own risk. Innoscent will not be liable for any damage caused by any acts or omissions whatsoever, and the Buyer indemnifies Innoscent against all claims, demands or suits made by any person attending the premises of Innoscent with or on behalf of a Buyer, its agents, servants or employees.
8.2 You agree to indemnify and keep us indemnified against all loss (including, without limitation, loss of profits), costs, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of, the Site, or the supply or non-supply of Products.
You further agree to indemnify and hold us harmless from any claim or demand, including legal fees on full indemnity basis, made by any third party due to or arising out of:
a breach to these Terms by you; or
the infringement by you, or another user of the Service using your name and password, of any intellectual property or other right of any person or entity.
9. Limitation of our Liability
9.1 To the extent permited by law, all express or implied conditions and warranties in connection with the Site, the Service and the sale of any Products are excluded.
9.2 We do not exclude liability under any condition or warranty which cannot be excluded by law. In those circumstances, to the extent permitted by law, we expressly limit our liability for breach of a condition or warranty implied by virtue of any law at our option to:
the replacement of Products: or
the supply of equivalent Products; or
making a full refund to you.
9.3 Where you resupply the Products in trade:
To a person, you must include a term in your contract with that person that, to the extent permitted by law, all express or implied conditions or warranties in connection with the sale of any Products are excluded; and
You must not make any representation in relation to the performance, quality or application of the Products without prior written approval
10. Our Obligations
10.1 The material and information contained on the Site is supplied to enable you to make your own determination as to a Product's suitability for your purposes prior to placing an order. Nothing on the Site is to be construed as a recommendation to use any Product.
10.2 You agree that we, and anyone that we are responsible for, are not liable to you at law, by statute, in equity or otherwise arising from our relationship for any loss (including, without limitation, loss of profits), cost, damage, expense or injury, whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, the supply or non-supply of the Products, for any breach of our obligations under these Terms, or for any other reason which relates to these Terms or the Products.
10.3 If, despite the other provisions of these Terms, we are found to be liable to you then, without limiting your obligation to indemnify us in accordance with these Terms, our liability for any single event or series of related events is limited to the amount you paid for the Product which gave rise to your claim.
10.4 You confirm that these Terms are reasonable having regard to the price payable for the Products and their nature.
11.1 You acknowledge that we remain the sole owner or licensee of all Intellectual Property rights in the Products, including, for the avoidance of doubt all copyright in the design, layout and formatting of the Products. You must not copy, alter, reproduce or publish any Product or any part of a Product, nor permit any person to do so, except as authorised by these Terms, or otherwise in writing by us.
12.1 No Waiver
Any exercise or failure to exercise any right or remedy available to us does not limit our rights to exercise that or any other right or remedy. A waiver of any of these Terms must be specified in writing and signed by one of our authorised officers.
We may amend these Terms from time to time by posting new terms and conditions on this Site. These amendments will usually take effect 7 days after the changes have been posted on the Site. You should review these Terms each time you use the Service for any amendments. Please ensure you are familiar with them as changes may have been made to previous versions. Continued use by you of the Service following any amendments to these Terms will constitute your acceptance of the new terms & conditions applying to the Service.
12.3 Express Rights
The exercise by us of any express right set out in these Terms (express right) is without prejudice to any other rights, powers or remedies available to us in these Terms, at law or in equity, including any rights, powers or remedies which would be available to us if the express rights were not set out in these Terms.
Where any part of these Terms is rendered void, unenforceable or otherwise ineffective by operation of law that will not affect the enforceability or effectiveness of any other part of these Terms.
12.5 You must not assign your rights, or subcontract your obligations, under these Terms without our prior written consent.
12.6 Application of these Terms
These Terms prevail over any inconsistent Terms in any other communication or agreement, even if at some later date we, or our agents, sign or otherwise purport to accept the Terms of that communication or agreement.
13.2 If the information is not provided your order may not be processed.
14. Return of Products
14.1 Subject to your rights at law, we will only accept the return of Products if they are in accordance with our Returns and Exchanges Policy.
15. Governing Law
15.1 This Agreement is governed by the law in force in Queensland and the parties submit to the non-exclusive jurisdiction of the courts of Queensland sitting in Brisbane and all courts competent to hear appeals from the courts of Queensland in respect of all proceedings arising in connection with this Agreement.
Gift vouchers terms and conditions
2. Gift vouchers can be purchased and redeemed in Australian Dollars only.
3. Please quote the gift voucher number on the gift voucher if you need to contact Innoscent with a query.
4. The gift voucher is valid on all products available at innoscent.com.au, including sale items.
5. The gift voucher is valid for redemptions made within 6 months from the date of issue and will expire at midnight on the expiry date stated on the gift voucher with no extensions to the expiry date.
6. If there is any credit remaining on the gift voucher, it can be used towards future purchases until the credit balance reaches zero dollars. Any balance that remains on the gift voucher after the expiry date is not available for use.
7. Additional values cannot be added to existing gift vouchers. However, additional gift vouchers can be purchased.
8. Gift vouchers can only be redeemed online via innoscent.com.au.
9. Innoscent disclaims any responsibility for lost or stolen gift vouchers, or damaged goods or unsatisfactory service received in redemption for the gift voucher.
10. You are responsible for the use and safety of your gift voucher. You are liable for all transactions on your gift voucher, except to the extent to which there has been fraud or negligence.
11. Gift vouchers are non-refundable and cannot be exchanged for cash.
14. When using a gift voucher at checkout, the shipping and handling fees for your transaction will be deducted from the voucher value, per transaction.