1. Introduction

 

1. The website (www.mamaloveskincare.com.au)(Website) is owned and operated by Mamalove Pty Ltd (ACN 649 620 468) (we, us or our).

 

2. These terms and conditions of sale (together with our Privacy Policy) comprise the terms of a legal agreement between you and us for the purchase, fulfilment and delivery of skincare and cosmetics products (Products) to you on, or via, the Website (agreement).

 

3. You acknowledge that you have read, understood and agreed to be bound by the terms of this agreement. The placement of an order for Products on, or via, the Website constitutes your acceptance of this agreement.

 

2. Your Account

 

1. To order and purchase Products on, or via, the Website, you must either:

 

1. purchase the Products as a guest (on a one-off basis); or

 

2. register with us and setup an account (Account). Your Account will be operated by a

username and password (Password) which can be changed any time by you by

emailing us at hello@mamaloveskincare.com.au, or an alternate email address advised by us for this purpose from time to time.

 

2. You are responsible for:

 

1. maintaining control over, and the confidentiality of, your Account and Password;

 

2. keeping your Account registration information current, complete, accurate and truthful;

 

3. notifying us in writing of any unauthorized access to, or use of, your Account or Password; and

 

4. for all activities or transactions that happen under your Account. We are not liable for any loss or damage arising out of, or in connection with, any unauthorised access or use of, your Account or Password, including any misuse, stolen or hacked Accounts or Passwords.

 

3. Placement of orders

 

1. You may purchase Products on, or via, the Website by selecting and placing your order in accordance with this agreement and as directed on the Website. Any order placed by you in the manner displayed on the Website is an offer by you to purchase a particular Products for the price (including Additional Charges) specified on the Website at the time you place your order.

 

2. You should take care when submitting an order to purchase Products on, or via, the Website. You may cancel or vary an order to Purchase Products within 1 hour of placing the order. To the maximum extent permitted by law and unless otherwise permitted by this agreement, your order cannot be altered or cancelled if 1 hour has expired following the placement of an order for Products.

 

3. You warrant that:

 

1. all details you provide to us when placing an order are current, correct and complete;

 

2. you are an authorised user of the PayPal, Apple Pay, Google Pay or Shop Pay account or credit or debit card used to place your order; and

 

3. that your nominated PayPal, Apple Pay, Google Pay or Shop Pay account or credit or debit card will cover the full cost of the purchase.

 

4. Placing an order for Products does not constitute a legally binding agreement until we confirm that payment has been made on the order and you receive a written order confirmation from us to your nominated e-mail address that payment has been received and the order has been accepted.

 

5. If we are unable to successfully process your PayPal, Apple Pay, Google Pay, Shop Pay, credit or debit card payment for your order, we may notify you and cancel your order.

 

6. Each order to purchase Products constitutes a separate agreement for the supply of Products, on the terms and conditions of agreement and is subject to your compliance with any specific limitations or terms displayed on the Website.

 

7. We may, at our absolute discretion, accept or decline any order for Products (or part thereof) for any reason (or no reason), including an error in the advertised price for, or description of, the Products on the Website, or an error in your order. Any order for Products (or part thereof) not accepted is automatically deemed cancelled.

 

8. If your order details or billing information is incorrect, incomplete or suspicious, we may, at our absolute discretion, require you to provide additional billing verification or order information before accepting any order.

 

9. If you place an order for Products on, or via, the Website for someone else to receive the Products, you warrant that you have the authority to:

 

1. provide us, or otherwise make available to us, the other person’s personal information and you have obtained their consent for us to collect, use, store or disclose their personal information in accordance with our Privacy Policy; and

 

2. bind that person as the principal to this agreement, and to the extent you do not have such authority you agree to be bound to this agreement.

 

10. You may only purchase the Products from us for personal use. If you wish to distribute or re-sell our Products to third parties, you must contact us by email at hello@mamaloveskincare.com.au to discuss a distribution or reseller arrangement.

 

4. Price

 

1. Prices shown on the Website are in Australian Dollars (AUD) and are inclusive of GST.

 

2. Prices displayed on the Website are current at the time of issue. Prices (including Additional Charges) and the availability of Products are subject to change effective immediately upon posting to the Website. You agree to pay the price current at the time of payment.

 

3. Prices for our Products displayed on third party websites may not be correct and we are not bound by them.

 

4. In addition to the price for Products as displayed on the Website, you agree to pay:

 

1. any other taxes and government charges, levies or fines in relation to the purchase of the Products;

 

2. delivery and handling fees in relation to the delivery (or re-delivery) of the Products, packaging costs, transport insurance and all other costs, charges or expenses incurred in relation to delivery (or re-delivery) of the Products. The current fees for delivering the Products to you are set out in the Delivery Policy.

 

1. surcharges for payments made by credit card; and

 

2. charges incurred in connection with the cancellation or variation of an order (Cancellation Fee),

 

(collectively, Additional Charges).

 

 

5. Payment

 

1. Once payment is made your tax invoice will be sent to you. Your tax invoice is your proof of purchase and may be required for any warranty claim.

 

2. You must pay for Products by credit card (Visa or Mastercard), PayPal, Apple Pay, Google Pay or Shop Pay account or credit or debit card. By providing your credit card or account details you authorise us to deduct the price and the Additional Charges (as applicable) from your card or account

 

3. We may, at our absolute discretion and without notice, change the payment methods that can be used to purchase Products on, or via, the Website, at any time.

 

4. We may, at our absolute discretion, decline your payment at any time for any reason, including, but not limited to:

 

1. where our fraud detection systems detect possible irregularities; or

 

2. because your financial institution has declined payment or there are insufficient funds in your nominated PayPal, Apple Pay, Google Pay or Shop Pay account or credit or debit card to cover the full cost of the purchase.

 

5. If we are unable to successfully process your payment, we will notify you by email and we may, at our absolute discretion:

 

1. cancel, or suspend, all (or any part of) your order;

 

2. request additional information (for example, proof of identity documents); or

 

3. request you made payment by another method.

 

6. If you do not comply with our request for additional information or you fail to make payment by another method within [eg 7] days, we will cancel your order without further notice.

 

 

6. Delivery policy

 

1. Purchases will not be dispatched to you until we confirm payment has been made.

 

2. The current fees to deliver (or re-deliver) the Products to you are as follows:

 

 

1. $7.95 (inclusive of GST) for Products valued at less than $100 (inclusive of GST) (after any discounts or vouchers have been applied) and weighing less than 3kg;

 

2. free delivery for all Products valued at greater than $100 (inclusive of GST) (after any discounts or vouchers have been applied) and weighing less than 3kg;

 

3. express postage (regardless of value of Products purchased) and weighing less than 3kg - $10.95 (inclusive of GST); and

 

4. additional fees apply if the weight of the Products exceed 3kg; and

 

5. all international orders are charged delivery fees based on location and weight, as automatically calculated by our overseas couriers.

 

3. We take great pride in shipping to you in the safest and most timely option available. It is so important to us that you receive your Products quickly and safely, so that the quality that we work so hard to achieve is maintained and you are able to enjoy your Products as soon as possible. Orders are aimed to be processed and dispatched within 24 hours of being received and arrive approximately 2 - 10 business days from dispatch depending on the address location nominated by you. Delivery dates are provided by Australia Post and are estimates only and are not binding on us.

 

4. If you need to change a delivery date or the delivery address, please contact us within 24 hours of placing your order.

 

5. If you are not available to take delivery on the scheduled delivery date, we or our delivery providers may, at our absolute discretion, either:

 

1. leave the parcel containing your Products in a safe and suitable place at the delivery address (such front door/porch, mailbox, under the carport or veranda or bind a side gate); or

 

2. not the leave the parcel containing your Products at the delivery address if we consider the delivery address to be unsafe for delivery. If we are required to re-deliver the Products, you will be charged a delivery and handling fee for each additional attempt for delivery.

 

6. If the delivery of Products is delayed for any reason, we will not be liable to you or anyone else for any losses, damages, costs or expenses arising out of, or in connection with, any delay in delivery of the Products. We shall use reasonable endeavours to promptly notify you of any delays in delivery of the Products.

 

7. You will ensure that any person who collects or takes delivery of the Products on your behalf is authorised by you to do so. Acceptance of delivery by such representative will constitute conclusive evidence that you have examined the Products and found them to be in good condition, complete in every way for the purpose for which it is intended. If required, the duly authorised representative shall sign a receipt confirming acceptance.

 

8. The risk of the Products, including from loss, theft, damage or destruction of the Products, shall pass to you on and from delivery to your nominated delivery address.

 

9. Title to the Products passes to you when the Products are paid for in full. We shall use reasonable endeavours to transfer to you any manufacturer's warranty in any such Products from the time title passes to you (and we disclaim all responsibility in relation to any such manufacturer's warranties).

 

10. To the maximum extent permitted by law, if any dispute arises concerning any order (and including any measurement, colour, quality, quantity, identity, or authority or any telephone, e-mail, or Website order) our records will be conclusive evidence of what was ordered.

 

7. Cancelled or varied orders

 

1. At any time before delivery, we may, at our absolute discretion, cancel any order that has been previously accepted. Where we cancel your order before delivery, we will send you an email notifying you of the cancellation.

 

2. We, may, at our absolute discretion, consider a request by you to cancel or vary any previously accepted order. All requests to cancel or vary an order must be in writing within 1 hour of placing your order for Products. To the maximum extent permitted by law, we may, at our absolute discretion, charge you, by way of liquidated damages, any loss, cost or expenditure incurred by us in relation to any cancellation or alteration of your previously accepted order (including, but not limited to, Cancellation Fees).

 

3. In the event either party cancels an order after payment has been accepted, we will refund any amount paid in respect of that order (less a Cancellation Fee in the event you cancel the order), using your original payment method.

 

4. To the maximum extent permitted by law, we will not be liable to you or anyone else for loss, damage, cost or expense arising out of, or in connection with, the cancellation of your order (whether by you or us and regardless of whether payment had previously been accepted by us).

 

5. You will not be entitled to a refund if the Products you purchased are delayed or lost as a result of you providing us with incorrect or insufficient delivery details.

 

8. Refunds and returns policy

 

1. We have a 30-day return policy, which means you have 30 days after receiving your Products to request a return. 

 

2. To be eligible for a return, your Products must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You will also need the receipt or proof of purchase. 

 

3. To start a return, you can contact us at hello@mamaloveskincare.com.au. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Products sent back to us without first requesting a return will not be accepted. You can always contact us for any return question at hello@mamaloveskincare.com.au.

 

4. Please inspect your order upon reception and contact us immediately if the Products are defective, damaged or if you receive the wrong Products, so that we can evaluate the issue and make it right.

 

5. To the maximum extent permitted by law, we will not provide a refund, exchange or repair in the following circumstances:

(1.a)where the Products are damaged through misuse, accident or abnormal use;

(1.b)normal wear and tear;

(1.c)insignificant minor imperfections or superficial blemishes;

(1.d)insignificant minor variations in dimension, colour, size or finish;

(1.e)damage to external or product packaging only;

 

(1.f)perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products); or

 

(1.g)hazardous materials, flammable liquids or gases; or

 

(1.h)where the Australian Consumer Law or any manufacturer’s warranty does not apply.

 

6. Unfortunately, we cannot exchange or accept returns on sale items or gift cards. Gift cards cannot be exchanged for cash.

 

7. Please get in touch if you have questions or concerns about your specific Products.  

 

8. The fastest way to ensure you get what you want is to return the Products you have, and once the return is accepted, make a separate purchase for the new Products.

 

9. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

 

10. To the extent that you acquire Products from us as a consumer within the meaning of the Australian Consumer Law, your purchase of Products will come with certain consumer guarantees that cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties purchased or given to you. In accordance with Australian Consumer Law, if the Products you purchased has a major failure, you may reject the Products and seek a refund or exchange, or you may keep the Products and seek compensation for any drop in the value of the Products. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

 

11. Your Products may come with a manufacturer's warranty.  If you would like to make a claim under the manufacturer's warranty, please contact the manufacturer direct to arrange for the Products to be repaired or replaced.

 

 

9.  Warranty disclaimers and liability

 

1. Images, weights, colours, heights and other measurements of the Products displayed on, or via, the Website are approximate only and may vary slightly from those images or specifications displayed on the Website. We cannot warrant or guarantee that the weight, colour, height or other measurements of the Products are accurate.

 

2. It is your responsibility to satisfy yourself as to the suitability, condition and fitness for purpose of the Products without relying upon our skills or judgment. To the maximum extent permitted by law, we make no warranty or representation that the Products requested by you meet your personal needs, are suitable for any particular purpose or used under any specific conditions. You purchase the Products at your own risk on an ‘as is’ and ‘where is’ basis.

 

3. To the maximum extent permitted by law, we are not liable to you or anyone else if your order is decline or not accepted, your payment is not processed or the Products are not delivered as a result of, or in connection with:

 

1. your failure to provide us with complete or accurate order information or delivery details;

 

2. the disruption to, or unavailability of the Website or any computer or telecommunication systems used in connection with the Website; or

 

3. an Unavoidable Event.

 

4. To the maximum extent permitted by law, we exclude:

 

1. all representations, conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or imposed by statute, common law or equity;

 

2. all liability to you or anyone else for any:

 

1. direct, indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or

2. loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of or damage to reputation, downtime costs, loss of use, failure to realise anticipated savings, loss under or in relation to any other contract, loss of opportunity or expectation loss or loss of production; or

3. loss of, or damage to, any property or any personal injury or death to you or anyone else,

 

arising out of, relating to or connected to, your access and use of our Website, the provision, delivery, consumption or use of the Products and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

 

5. Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

 

6. Under no circumstances will our aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the price paid by you for the Products under this agreement in the preceding 2 months of the claim.

 

10. Privacy

 

1. We and our authorised service providers (eg Australia Post) may collect personal information directly from you when you access or use our Website, setup an Account, when you place an order or purchase Products on, or via, the Website, or when you contact us for any reason. Personal information we collect and use may include your name, billing address, delivery address, telephone number, email address and payment details.

 

2. Further details of our policy on the collection, storage, use and disclosure of your personal information is set out in our Privacy Policy, which forms part of this agreement.

 

11. Unavoidable Events

 

We will not be liable to you or anyone else under this agreement or otherwise if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our controlincluding, but not limited to, acts of God, epidemics, pandemics, mandatory government lockdowns or shutdowns, failure of a utility service, transport, banking or telecommunications networks, riots, civil commotion, computer hacking, war, acts of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or earthquake, any disaster or adverse weather, governmental actions, default or non-performance of hosting or data centre providers, interruption of the internet or our Website, or other suppliers or sub-contractors, labour disputes, or any other failure, act or omission in our supply chain, including our third party delivery contractors and manufacturers (Unavoidable Events).

 

12. Suspension and termination

 

We may, in our absolute discretion and without notice, terminate, suspend or block your access to your Account or Password, the Website, or any Products offered, on or via, the Website for any reason (or no reason), including as result of, or in connection with any breach of this agreement by you. We will not be liable to you or anyone else arising out of, or in connection with, any such suspension or termination.

 

13. General

 

1. A waiver of any right under this agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.

 

2. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, then the other provisions shall remain in force.

 

3. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

 

4. This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter which they cover.

 

5. You will not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.

 

6. Nothing in this agreement is to be construed as constituting a partnership, employment relationship, joint venture, or any other form of association between the parties in which 1 party may be liable for the acts or omissions of any other party.

 

7. If there is any inconsistency between this agreement and the term of any other document referred to in this agreement, this agreement shall prevail to the extent of any inconsistency.

 

8. The laws of the state of Victoria, Australia govern this this agreement. The parties agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.