PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.theherbalistbellsbeach.com.au’s relationship with you in relation to your use of this website. By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.theherbalistbellsbeach.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.theherbalistbellsbeach.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY It is an essential precondition to you using our website that you agree and accept that www.theherbalistbellsbeach.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any products, goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.theherbalistbellsbeach.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. On occasion, delivery times may fall out of these estimated times due to unforeseen supply chain interruptions or other. Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

While we make every effort to maintain packaging consistency, due to current manufacturer shortages and shipping delays, at present there may be minor alterations to our mailing boxes and/or product packaging relating to cardboard thickness, folding finishes, product closures and printing.

LINKS TO OTHER WEBSITES www.theherbalistbellsbeach.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.theherbalistbellsbeach.com.au and the owners of those websites. www.theherbalistbellsbeach.com.au takes no responsibility for any of the content found on the linked websites. www.theherbalistbellsbeach.com.au’s website may contain information or advertisements provided by third parties for which www.theherbalistbellsbeach.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER To the fullest extent permitted by law, www.theherbalistbellsbeach.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.theherbalistbellsbeach.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of www.theherbalistbellsbeach.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY At www.theherbalistbellsbeach.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.theherbalistbellsbeach.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers. THIRD PARTIES We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION www.theherbalistbellsbeach.com.au may be required, in certain circumstances, to disclose information in good faith and where www.theherbalistbellsbeach.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.theherbalistbellsbeach.com.au. www.theherbalistbellsbeach.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.theherbalistbellsbeach.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such un-permitted and improper use. www.theherbalistbellsbeach.com.au reserves the right to exclude and deny any person, business or wholesaler access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. www.theherbalistbellsbeach.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

SKIN, PERSONAL CARE & WELLBEING All information contained on this website is for information purposes only. It should not be used to diagnose, prevent, treat or cure any sickness, disease, health or medical condition and is not meant to substitute professional medical advice or treatment. In addition, the products themselves including but not limited to any skin preparations, aromatic formulations or other as listed or formulated/blended on order by way of consultation or direct order from this website are not intended to diagnose, prevent, treat or cure any health or medical condition. Any product purchased for whatever reason is done so at the discretion of the customer. Upon purchasing any and all products from The Herbalist Bells Beach on this website and/or from a stockist who carries our range it is the responsibility of the purchaser to maintain goods and keep them from spoiling and/or contamination by practising good hygiene when using products. Always read product label before use. If you have or suspect you may have allergies or medical conditions which may be affected by certain herbs, aromatics, product blends or formula bases including nut oils you must contact your doctor or medical practitioner before purchasing and using any personal care, skin care or wellbeing products of any kind. If you suffer with health conditions, are taking/going to be taking medication or surgical procedures you should not purchase or use any of our products until after you have sought advice from your physician or medical practitioner. If after taking or using any of our products you find you may have or are experiencing side effects, you should discontinue use immediately and contact your physician or healthcare provider. Do not exceed the stated use shown on label. We accept no liability for any result, direct or indirect, of you using any product and neither www.theherbalistbellsbeach.com.au or its employees/affiliates may be held responsible for any claim made against them. You should consult a physician or medical practitioner for advice before purchasing or using any product from this website if you are purchasing it for a minor, taking medication, are pregnant, nursing or suffer from any health or medical condition.

IMPORT DUTY If you order products from our site that may be subject to restrictions, quarantine, import duties or taxes which are levied when the delivery reaches the specified destination, you will be responsible for payment of any such testing, quarantine or import fees, duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

JURISDICTION This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and www.theherbalistbellsbeach.com.au that results in litigation then you must submit to the jurisdiction of the courts of Victoria.

EXCLUSION OF UNENFORCEABLE TERMS Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.