Terms and Conditions - The Mineral Spa Hepburn Springs

GENERAL CONDITIONS FOR USE OF THIS WEBSITE

In the context of this website, “we”, “our” and “us” means The Mineral Spa and may refer to either The Mineral Spa or its parent company Lakehill Springs Pty Ltd and the use of the term “product” includes the plural “products”.

Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this website you agree to the terms of the Contract of Sale.

If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.

We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an “as is” basis and is entirely at your risk.

Which terms and conditions apply

Some Products You Order on the Website are offered and supplied by Lakehill Springs Pty Ltd ABN 72 614 778 899 (“Trade As The Mineral Spa”), the website Product listing states the seller and supplier of all products Lakehilll Springs Pty Ltd.

Products which are offered and supplied by Lakehilll Springs Pty Ltd are referred to herein as “The Mineral Spa”

Terms and conditions for The Mineral Spa Products

These Terms and Conditions constitute a contract between the customer (You) and Lakehill Springs Pty Ltd ABN 72 614 778 899 (“Trade as The Mineral Spa”)

1. CHANGES TO TERMS

Due to frequent changes in Internet technology and applicable laws, we reserve the right to make changes to these Terms and Conditions at any time technology and legal changes require.

Please check these Terms and Conditions regularly for any such changes.

2. CHANGES TO PRODUCTS

We and any persons involved with the management of this website may make changes to the products described and to other content of this website, at any time without notice.

We make every effort to ensure that product descriptions on our website are accurate. However some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified. We make no representations about the suitability of this information; it is provided “as is” without warranty of any kind.

3. PRODUCT PRICES

The price displayed for products on this website represents the full price, including GST, for the product itself but does not include postage/delivery charges which will depend on the destination.

We always seek to provide products at the most competitive prices, and because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice and we therefore reserve the right to change prices displayed for products on our website at any time.

Please be assured of our every effort to ensure the accuracy of our product pricing. However if an error is made and a product is listed at an incorrect price, we maintain the right to refuse to accept further sales orders and to cancel any current sales orders already placed at the incorrect price. If an order has been confirmed and charged to your credit card we shall immediately contact you regarding your requirements for the reimbursement of money paid.

We sell and deliver products ONLY WITHIN Australia.

The information on this site is intended and applicable for Australian consumers only and is governed by Australian law.

4. AGE RESTRICTIONS

You must be at least eighteen (18) years of age to place an order with us. We do not knowingly accept orders from anyone under the age of 18.

By placing an order with us through this website, you acknowledge that you are over eighteen (18) years of age.

Should we suffer any loss or damage as a result of a transaction entered into by a person under the age of 18, we reserve the right to seek compensation for such loss or damage from the parents or guardians of the person who placed the order(s) with us.

5. INTERNET COMMUNICATIONS

When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website we and you consent to receiving communications electronically. We will communicate with you by e-mail or by posting notices on this website. We and you agree that all electronic communications between us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
This website may:
Store one or more cookies in your browser in order to improve service for you on your subsequent visits to this website; Request your browser to transmit this data back to the web server; or

Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.
(Note-Cookies are small pieces of data stored on the web browser on your computer. By using cookies, websites can track information about visitors’ use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.

If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of this website.)

6. INTELLECTUAL PROPERTY RIGHTS

Material contained on this website is protected by copyright. You may use this website only for your personal non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you may not use, copy, modify, transmit, store, publish or distribute any material on this website or create any other material using material on this website, without obtaining our prior written consent.

Registered trade marks and logos must not be used or modified in any way without obtaining the prior written consent of the trade mark or logo owner.

The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of this website and material on it must not in any way infringe the intellectual property rights of any person.

7. SECURITY

When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.

8. CONTRACT OF SALE

These terms together with your order constitute the entire contract between you and us for the supply of products. No other terms will apply except where terms may be implied by law. The contract cannot be varied unless we agree to variations in writing or by email.

9. LIMITATION OF LIABILITY

9.1 Limitation of Liability

(a) Our liability to the Customer (and any party claiming through the Customer against us) for any claim for loss or damages (including legal expenses) made in connection with the Contract (including the supply of Goods described in the Contract) whether in contract, tort (including negligence), under statute, in equity or otherwise shall be strictly limited as follows (except to the extent that the law prohibits such a limitation):

(i) for any liability arising from Goods not meeting the specification or which are said to be otherwise defective or deficient, our liability is limited to the cost of replacement of those Goods as soon as reasonably practicable, or the repair of those Goods or the repayment (or allowance) of the Purchase Price of those Goods (at the option of Our);

(ii) for any liability arising from the services forming part of the Goods not meeting the scope

9.2 Consequential Loss

(a) We may hold the Customer liable, to the maximum extent permitted by law, for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the Goods it supplies, where ?indirect, special or consequential loss or damage? includes:

(i) any loss of income, profit, production, contract, customers, business opportunity or business;

(ii) any loss of goodwill or reputation;

(iii) any loss or damage resulting from the loss or damage to goods other than the Goods.

9.3 Defective Goods

(a) Any claim by the Customer in respect of defective, non-conforming or damaged Goods must be made in writing within 14 days of the delivery of the Goods, unless a longer period is expressly agreed to by us in writing.

(b) Despite any other provision of the Contract, we are not liable, to the maximum extent permitted by law, for:

(i) the cost of removal of Goods not meeting the specification or which are said to be otherwise defective or deficient, whether installed or otherwise;

(ii) the cost of installation of replacements for Goods not meeting the specification or which are said to be otherwise defective or deficient;

(iii) defects or deficiencies in Goods caused by improper installation or maintenance of Goods or related components or normal wear and tear and damage.

10. PURCHASING PRODUCT(S)

You may place an order by clicking the “Add to Cart” button.

When you place an order with us you have made an offer to purchase the product you have chosen and when we issue a tax invoice to you we have accepted your offer. Both offer and acceptance are based on these terms and conditions and are subject to any clause allowing for the cancellation of an order before property passes to you.

We will issue provide you with an Order Number by email after we have received your offer to purchase.

We will notify you when we process your order by sending you an Order Confirmation and tax invoice via email. To prevent credit card or payment fraud your offer can only be accepted by us after it has passed our validation procedures.

We retain discretion to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.

If for any reason we cannot process or accept your order after payment is received, we will contact you by email or telephone to determine your requirements for the reimbursement of money paid.

11. PAYMENT

We only accept payment through credit card (Visa, and Mastercard).

Payment will not be processed until we have received all relevant information required for processing to be completed.

The processing of payment for Orders placed on a weekend or a Public holiday will not begin until the next working day.

Credit Cards

We only accept Australian credit cards only. We do not accept international credit cards.

We process Credit cards payments when you checkout from the product order screen.

Whilst we employ the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

12. DELIVERY

You will be provided with an estimated delivery time when you check out. The estimated delivery times are within working days Monday to Friday excluding public holidays. Normal delivery is within 3 to 14 working days from the date of payment.

We will make every effort to deliver your product within the estimated delivery time but the actual delivery times may change due to changes in supply or circumstances beyond our control.

We encourage you to visit the “My Account” section on our website to view the delivery status of your product. Please contact us if your item/s are not delivered within 45 days from the date of purchase, any claims of non-delivery outside this time frame will be considered delivered to you.

Passing of Property

Property in the product passes to you upon receipt of the product by you.

13. Warranty

Statutory Conditions and Warranties

The Mineral Spa provides a voluntary warranty and applies the Conditions and Warranties required by law.

Statutory Conditions and Warranties For all products sold by The Mineral Spa provide conditions and warranties contained in the Commonwealth Competition and Consumer Act 2010.

Where the 30 Day Change-of-Mind Period has elapsed and the conditions provide that unless the product has defects which The Mineral Spa specifically bring to your attention before the sale, the product is of merchantable quality-that is, the product is free from manufacturing defects and faults and reaches a basic level of quality given the price of the product and description that is provided with the product. The product is fit for the purpose or job for which it is normally supplied or to which The Mineral Spa agreed before the sale. The product matches any description provided on our website or on labelling or packaging (See “Changes to Product”); and you receive clear title to the product

The warranties provide that the product is clear of finance or encumbrances; and you will have free title to the product.

If the product does not fulfil any of these conditions or warranties then, provided the claim is made within a reasonable period after the sale, you may be entitled, at your discretion, to a refund, replacement of the product or to have it repaired. A reasonable period depends on the circumstances of each sale including but not limited to the nature, quality and price of the product.

Any refund agreed to may be less than the purchase price depending on any use or consumption of the product which has occurred or any contribution that use by you has made to the cause of the claim.

Customer Service will consider each claim on its merits on a case by case basis and, if required, will negotiate a solution that is acceptable to The Mineral Spa and you including any costs involved.

For more information about your rights as a consumer, see the ACCC website atwww.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/accc-accc-wizard/mobile/1#acccWorkflowWizard1Path:1.

Exceptions

We do not provide refunds, credit or exchange if you have:
Damaged the product by using it in a way it was not meant to be used. You have had a defect drawn to your attention before you purchased the product, for example, when products are clearly labeled as seconds, The 30 Day Change-of-Mind period has elapsed and the product matches the description provided on our website and is free from manufacturing defects or faults.

Voluntary Warranty Policy

All products sold by The Mineral Spa have a “dead on arrival” (DOA) warranty. This means that if the product is damaged during delivery and a claim is made within 14 days from the date of dispatch, The Mineral Spa will replace or repair the product at our discretion and our cost. If The Mineral Spa has no further stock of the item and it cannot be replaced, The Mineral Spa will replace it with a similar product or offer you a full refund.

If the damage is discovered outside the 14 day period contact Customer Service who will determine whether circumstances are such that you can still proceed with a claim. You can take advantage of this offer for up to twelve months after sale.

This warranty does not apply to damage packaging only and does not detract from your statutory rights.

Manufacturers Voluntary Warranty

Many of the products supplied by The Mineral Spa are covered by a Manufacturers voluntary warranty. The terms and conditions of such warranties are beyond our control and it is your choice whether to use such warranties. Where possible the time of such warranty will be shown on our website. For some products it may be more efficient for you to contact the manufacturer rather than The Mineral Spa. This is particularly so for electronic equipment. A manufacturers warranty does not detract from your statutory rights.

Making a Claim

Provide us with a copy of your tax invoice or similar proof that the item was purchased from us. Describe accurately the problem you have encountered and provide evidence (erg a photograph) to support your claim State whether you are requesting a replacement, repair, refund or credit

RETURN OF PRODUCT FOR WARRANTY CLAIM

The Mineral Spa 30 Day Change-of-Mind Policy

Online shopping sometimes means you don’t get exactly what you had in mind. Even if your purchase is not defective, if you’re not happy just return it within 30 days of dispatch, and we’ll issue you the full value of your product in store credit to spend on anything else in our shop.

Terms & Conditions

• Goods are eligible for the 30 Day Change of Mind policy provided that they are in as new, resalable condition and original packaging.
Definition of ‘As New Condition’: The item must not have been worn; the item must be in pristine condition with no damage, scratches, or signs of tear and wear. Determination of an item matching the definition of As New Condition is at the sole discretion of The Mineral Spa.
All returns are subject to inspection by our Quality Assurance team before a refund is processed.

• Delivery fees are not included in the refund, and the item must be returned at your own cost.

• An receipt number is required before the refund will be issued, do not send the item back to us before you have received your receipt number from customer service.

• The item’s delivery cost will be deducted from the refund if it was delivered to the recipient for free.

• Certain products cannot be returned due to hygienic reasons, such as underwear, earrings, and swimwear.

• Personalised products may not be returned.

• If you return an unwanted gift, the credit will be issued to the original purchaser’s account.

Where the 30 Day Change-of-Mind period has elapsed and where Customer Service has determined that, on the facts you have provided, a claim may be granted. We will not accept the return of a product without approval from our Customer Service Team. The product must be returned to us within 30 calendar days from the approved date. Where possible, the product must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was delivered with the product.
We will provide our Reply Paid number which can be used to return products sent by Australia Post eParcel.

We reserve the right to test any returned product, and to ask you to demonstrate that the problem with the product was not your fault. After the product has been returned a final decision on granting the claim will be made by Customer Services.

Where it is agreed that the claim is valid a replacement or repaired product will be returned to you at our expense.

Where upon receipt of the returned product we determine that the product did comply with the warranties and conditions and the condition of the product was misrepresented to us by you, the expense for the return of the product to us and the expense of returning the product to you will be deducted from your account as well as a $25.00 handling and administration fee.

The Mineral Spa 30 Day PRE-ORDER price guarantee

30 days pre-order price guarantee applies to all pre-order items on sales in www.mineralspa.com.au;
30 days refer to 30 calendar days after your order starts processing for delivery in our warehouse; 30 days period exclude special promotions.

Refunds or credit

Where a warranty claim is granted any refund will include all delivery and related costs for the product. Where a non warranty claim is granted any refund will be for the cost of the goods only and will exclude all related costs. No refund or replacement will be given until we have received the product from you. Refunds will be issued by cheque, EFT, PayPal or a credit to your account.

Replacement

Where a replacement is agreed to after a warranty claim is granted the replacement will be delivered to you at our expense after we have received your returned product. Where a non warranty claim is granted the replacement will be delivered to you at your expense.

Limitation of Liability

(ii) for any liability arising from the services forming part of the Goods not meeting the scope

Consequential Loss