Terms of service
These Terms of Service (the “Terms”) govern your access to and use of the BodyBlendz website (bodyblendz.com.au and bodyblendz.com), any related subdomains, and the purchase of products offered through them (collectively, the “Service”). The Service is operated by BodyBlendz (“BodyBlendz”, “we”, “us” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
These Terms are governed by the laws of Victoria, Australia. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other law that cannot lawfully be excluded.
1. Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependants to use the Service in accordance with these Terms.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your access to the Service.
2. General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Accuracy, Completeness & Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information which is, necessarily, not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
Please note: all product images are digital and are for illustrative purposes only. Colours and shades may vary from the image or description.
4. Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
5. Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy and Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
6. Age Restriction and Product Suitability
Important: Our products are not recommended for use by individuals under the age of 16.
By purchasing and/or using our products, you acknowledge and agree that use by persons under 16 is at the user’s (or their parent or legal guardian’s) own risk. If you are purchasing on behalf of a minor, you confirm that you are their parent or legal guardian and accept full responsibility for their use of the product.
To the fullest extent permitted by law, and subject to your rights under the Australian Consumer Law, BodyBlendz disclaims all liability for any damages, injuries, or adverse effects arising from or related to the use of our products by individuals under the age of 16.
Our products are cosmetic skincare and body care products intended for external use only. They are not intended to diagnose, treat, cure or prevent any disease or medical condition. You should:
• Patch test any new product at least 24 hours before first use.
• Discontinue use and rinse with cool water if irritation, redness or discomfort occurs.
• Avoid applying products to broken, damaged or irritated skin, or near the eyes.
• Consult a qualified healthcare professional if you are pregnant, breastfeeding, have a pre-existing skin condition, or
are unsure whether a product is suitable for you.
• Store products under 25°C, away from direct sunlight, and out of reach of children.
You are responsible for reading all product labels, ingredients and usage instructions before use.
7. Product Shelf Life
Our products have specified shelf lives, typically 12 months once opened and 24 months from the date of manufacture when unopened. Each product carries a batch code which can be used to verify its manufacture date. If you require shelf-life information for a specific product, please contact info@bodyblendz.com.au with your batch code and we will be happy to assist.
As our products are formulated with naturally-derived preservatives and ingredients, minor variations in colour, scent or texture may occur over time and are normal when products are stored correctly. We recommend storing all products in a cool, dry place below 25°C, away from direct sunlight. If a product shows significant changes in appearance, scent or consistency, we recommend discontinuing use.
Using a product beyond its recommended shelf life, or that has been stored outside recommended conditions, may result in reduced effectiveness or compromised quality. To the fullest extent permitted by law, and subject to your rights under the Australian Consumer Law, BodyBlendz assumes no responsibility for any consequences arising from the use of products beyond their recommended shelf life or stored outside recommended conditions.
8. Gift With Purchase (GWP)
From time to time we may offer a Gift With Purchase (“GWP”) as a complimentary item with orders that meet a specified minimum spend or other promotional criteria. GWP items:
• Are not available for individual sale and have no cash or redeemable value.
• Are limited to one per qualifying order, one per customer, unless otherwise stated.
• Are subject to stock availability and may be substituted or withdrawn at our discretion.
• Will not be included if the order does not meet the minimum spend, or if the order is later partially refunded or adjusted such that it falls below the qualifying threshold.
If a qualifying order is returned or cancelled, the GWP must be returned with the order, or its retail value may be deducted from the refund. Full terms for each GWP promotion will be displayed on the relevant product or campaign page.
9. Pre-Orders
Pre-order items are sold prior to being in stock. Where a product is available for pre-order, the estimated dispatch date will be displayed on the product page. Estimated dispatch dates are indicative only and may be affected by manufacturing timelines, supply chain conditions or other unforeseen delays.
By placing a pre-order, you authorise us to charge your payment method at the time of order. You may cancel a pre-order for a full refund at any time prior to dispatch by contacting info@bodyblendz.com.au. Once a pre-order has been dispatched, it is treated as a standard order and subject to our Return Policy and Refund Policy.
10. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy, Refund Policy and Shipping Policy.
11. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
12. Third-Party Links
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
13. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
14. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use and protect your information.
15. Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
16. Prohibited Uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content:
• For any unlawful purpose.
• To solicit others to perform or participate in any unlawful acts.
• To violate any international, federal, state or territory regulations, rules, laws or local ordinances.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability.
• To submit false or misleading information.
• To upload or transmit viruses or any other type of malicious code.
• To collect or track the personal information of others.
• To spam, phish, pharm, pretext, spider, crawl or scrape.
• For any obscene or immoral purpose.
• To interfere with or circumvent the security features of the Service or any related website, other websites or the internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
17. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
To the fullest extent permitted by law, and subject to the Australian Consumer Law, the Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied.
In no case shall BodyBlendz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Nothing in these Terms is intended to exclude, restrict or modify any rights that you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement. Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to the replacement of the goods, the supply of equivalent goods, or the payment of the cost of replacing the goods.
18. Indemnification
You agree to indemnify, defend and hold harmless BodyBlendz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
19. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
20. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
21. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
22. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles. You and BodyBlendz agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia in respect of any dispute arising out of or in connection with these Terms or the Service.
23. Changes to These Terms
You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
24. Contact Information
Questions about the Terms of Service should be sent to us at:
Email: info@bodyblendz.com.au
Website: bodyblendz.com.au
BodyBlendz — Melbourne, Australia
