Terms

1. Introduction

These Terms apply when you use this website, www.eastremedy.com.au, including any other websites we operate with the same name and a different extension such as eastremedy.co.nz (Website), and when you purchase products through the Website (Products).

You agree to be bound by these Terms, which form a binding contractual agreement between you and us, ABN 30 943 919 960, trading as East Remedy (East Remedy, we, us or our).

If you do not agree to these Terms, you must refrain from using the Website or purchasing Products.

We may change these Terms at any time by updating this page of the Website. Your continued use of the Website following an update represents your agreement to be bound by the Terms as amended. Once you place an Order, the Terms accepted at the point of sale apply to that purchase.

Where applicable, these Terms also apply to any free samples we provide to you (also a Product).

Our Privacy Policy, Shipping Policy and Return Policy are incorporated into and form part of these Terms, and you agree to be bound by each of them.

How these Terms are organised
Part A — Terms for when you buy Products (applies when you buy)
Part B — Terms for when you browse and interact with the Website (applies when you browse)
Part C — Liability, warranties and general legal terms (applies to both buying and browsing)

Please contact us at hello@eastremedy.com.au if you have any questions about these Terms, and do not continue using the Website or purchase any Products unless you have read and agree to them.

2. Important Information About Our Products

Medical emergencies

If you require immediate medical attention, contact your treating general practitioner or call 000 (Australia) or 111 (New Zealand). Do not rely on this Website if you have, or think you may have, a medical emergency or are in a critical condition.

Disclaimer

By purchasing our Products and using our Website, you acknowledge and agree to the following.

Not TGA Products. The Products are not registered with, or evaluated by, the Therapeutic Goods Administration (TGA) or Medsafe New Zealand. The Products are not intended to diagnose, treat, cure, prevent or help with any illness, disease or medical condition.

Imported Products with original packaging. Our Products are imported from overseas and are supplied to you in their original manufacturer packaging. This means the Product you receive is the imported original product, and its packaging, labelling and appearance may differ from, and may not exactly match, the images shown on our Website. Original packaging may include text in languages other than English, and packaging design may vary between batches. Where we provide supplementary English language information, you should read it together with the original packaging before use.

Suitability. You are responsible for determining whether the Products are suitable for you. You should consult a medical professional before using the Products if you are pregnant or breastfeeding, if you have sensitive skin, allergies, a skin condition or any current health circumstances, or if you are unsure whether the Products are appropriate or safe for you. By purchasing and using Products (including any free samples), you acknowledge that you have satisfied yourself as to their suitability and have conducted your own research and enquiries before use.

Use. The Products are for external, topical use only. They are not to be consumed or used in any other way. Use only as directed on the label. Do not apply to broken, damaged or irritated skin, or to the eyes or mucous membranes. We recommend testing on a small area of skin before first use. Discontinue use if irritation occurs. Keep out of reach of children. You are responsible for applying the Products safely, responsibly and in accordance with the directions.

Ingredients. Our Products contain botanical and herbal ingredients, including essential oils. A full ingredient list appears on each Product's packaging and Website listing. Please review the ingredient list carefully before purchase if you have known allergies or sensitivities.

Storage and expiry. Store Products in a cool, dry place away from direct sunlight, as directed on the packaging. You are responsible for checking the expiry or best before date on the original packaging and not using Products past that date.

Natural variation. Our Products contain natural botanical ingredients. Colour, scent and texture may vary slightly between batches. This is a normal characteristic of natural ingredients and does not indicate a fault.

Individual experience. We cannot guarantee any particular experience from your use of the Products. Everyone is an individual and experiences vary.

Not medical advice. East Remedy provides Products only. None of our staff are medically trained. Any information provided on the Website, our packaging or our Products reflects tradition, heritage and usage guidance only, is not medical advice, and is not a substitute for advice or treatment from a qualified health professional. If you think you may have a medical issue, please seek advice from a trained medical professional. We accept no responsibility for any adverse effects arising from use of our Products or reliance on information on the Website, to the maximum extent permitted by law and subject to your rights under the Australian Consumer Law.

PART A — WHEN YOU BUY PRODUCTS

3. Submitting an Order

By submitting an order for the purchase of a Product using the Website's functionality (Order), you represent and warrant that you are at least 18 years of age or have the consent of a parent or guardian, and that the information you provide is accurate, complete and up to date.

Submitting an Order constitutes your offer to enter into Part A of these Terms (including Part C, which you agreed to by using the Website), under which we will provide you with the Products you have ordered in exchange for your payment of the total amount listed at checkout.

Part A of these Terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Order is being processed.

4. Accounts

To submit an Order and/or purchase a Product, you may sign up for and receive an account through the Website (Account).

As part of Account registration and your continued use of the Website, you may be required to provide personal information such as your name, email address, delivery and billing addresses, phone number and payment details.

You warrant that any information you give us in the course of completing Account registration will be accurate, honest, correct and up to date.

Once you complete registration, we may, in our discretion, accept you as a registered user and provide you with an Account.

We may suspend or cancel your Account for any reasonable cause, including any failure to comply with these Terms.

5. Products

Because our Products are imported and supplied in their original manufacturer packaging, and due to screen display, colour, brightness and image quality, the Product and packaging you receive may not exactly match the images on our Website. This does not affect the nature or quality of the Product itself.

Free samples. We may provide you with free samples of Products from time to time. These Terms also apply to your use of any samples we provide.

Promo codes. We may offer promotional codes for discounted prices on the Products. Promo codes are only valid and redeemable through our checkout in accordance with the process set out on the Website or otherwise communicated by us in writing. We may change the terms of our promo codes from time to time and will use our best endeavours to communicate these changes to you.

Until the price of your Products is paid in full, title in those Products is retained by East Remedy. Risk in the Products passes to you on delivery.

6. Pricing and Payment

All prices are stated in Australian dollars (AUD) unless otherwise indicated, and are subject to change until your Order is confirmed.

Payment obligations. Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.

GST. Unless otherwise indicated, amounts stated on the Website include GST where applicable. In relation to any GST payable for a taxable supply by East Remedy, you must pay the GST subject to East Remedy providing a tax invoice.

Card surcharges. East Remedy reserves the right to charge card surcharges where payments are made using a credit, debit or charge card. Any surcharge will be disclosed at checkout before you complete your Order.

Payment providers. We may use third party payment providers (Payment Providers) to collect payments. The processing of payments by a Payment Provider is, in addition to these Terms, subject to the terms and privacy policy of that Payment Provider, and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

Pricing errors. If we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price, or cancelling your Order. If you choose to cancel and payment has already been debited, the full amount will be credited back to your original method of payment.

7. Delivery and Shipping

Delivery costs. Delivery costs are additional to the Product price and will be shown at checkout. Prices displayed at checkout are inclusive of delivery to the address chosen by you.

Delivery estimates. Delivery timeframes shown on the Website are estimates only. We are not liable for delays caused by carriers, customs or events outside our reasonable control.

New Zealand and international orders. We deliver to Australia and New Zealand. East Remedy reserves the right to refuse other international orders. Approved international orders may be subject to customs and import duties on reaching the country of destination. You are responsible for paying all customs and import duties, and you acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs.

8. Changes to Your Order

Cancellation by us. We reserve the right to cancel your Order for any reasonable cause, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

Cancellation by you. You may cancel your Order up to the time that we confirm your Order in writing. Once we confirm your Order, it is binding and cannot be changed by you; however, the returns process in clause 9 may apply.

9. Returns, Refunds and Faulty Products

For hygiene and safety reasons, we do not offer change of mind returns on Products where packaging has been opened or the seal broken. Nothing in this clause limits your rights under the Australian Consumer Law or, for New Zealand consumers, the Consumer Guarantees Act 1993 (NZ).

If you believe your Product is faulty, please contact us at hello@eastremedy.com.au with your order number and a full description of the fault, including images.

If we determine that your Product may be faulty, we may request that you return the Product to us for further inspection, including any documentation shipped with the Product. Where the Product is confirmed faulty, we will reimburse your reasonable return postage costs.

If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, or failure to use or store in accordance with the directions, we may refuse your return and send the Product back to you at your cost, subject to your rights under applicable consumer law.

If we determine that the Product is faulty, you will be credited the full amount paid (including original shipping costs), and you may request a refund, replacement, exchange or store credit. Refunds will be credited to your original method of payment unless you request otherwise and we approve that request.

Nothing in this clause is intended to limit or otherwise affect any rights you may have that cannot be excluded under applicable law, including the consumer guarantees under the Australian Consumer Law.

10. Ratings and Reviews

You may rate a Product and/or provide feedback on the Website regarding the Products or your experience with us (each a Review).

Reviews can be viewed by any Website user and will remain viewable until the Product is removed or your Account is terminated.

You must only provide true, fair and accurate information in your Reviews, and you may only write a Review about your own genuine shopping experience or Products you have purchased from us. You are not permitted to write a Review about somebody else's experience, such as that of a family member or friend.

If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or restrict your ability to post further Reviews. We do not undertake to review each Review made by a customer, and to the maximum extent permitted by law we are not responsible for the content of any Reviews.

PART B — WHEN YOU BROWSE THIS WEBSITE

11. Access and Use of the Website

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, subcontractors and any other agents who use or access the Website comply with these Terms and any applicable laws.

12. Your Obligations

You must not:

  • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
  • use the Website for any purpose other than browsing, selecting or purchasing Products;
  • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host it;
  • use the Website with the assistance of any automated scripting tool or software;
  • act in a way that may diminish or adversely impact the reputation of East Remedy; or
  • attempt to breach the security of the Website or otherwise interfere with its normal functions.

13. Information on the Website

While we make every effort to ensure that the information on the Website is as up to date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

  • the Website will be free from errors or defects;
  • the Website will be accessible at all times;
  • messages sent through the Website will be delivered promptly, or delivered at all;
  • information you receive or supply through the Website will be secure or confidential; or
  • any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating it at any time without notice, including product descriptions, prices and other content.

14. Intellectual Property

East Remedy retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

East Remedy retains all intellectual property rights in the design of the Products, including the East Remedy name, logo, labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without our prior written consent or as permitted by law.

In this clause, intellectual property rights means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights, whether created before or after the date of these Terms, in Australia and throughout the world.

15. Third Party Terms, Links and Platform

You acknowledge and agree that third party terms and conditions (Third Party Terms) may apply to third party goods and services connected with your use of the Website, such as payment, delivery and marketplace services. You agree to any applicable Third Party Terms, and East Remedy will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites and are not responsible for that content. Inclusion of any link does not imply our approval or endorsement of the linked website.

This Website is powered by a third party ecommerce platform (Shopify), and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. To the maximum extent permitted under applicable law and our agreement with our platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

16. Security and Reporting Misuse

East Remedy does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

If you become aware of misuse of the Website by any person, any errors in the material on the Website, or any difficulty in accessing or using the Website, please contact us immediately at hello@eastremedy.com.au.

17. Collection Notice and Privacy

We collect personal information about you in order to provide you with our Products, to contact and communicate with you, to respond to your enquiries, and for other purposes set out in our Privacy Policy.

We may collect sensitive information (such as health related information you choose to share with us) during the course of providing you with Products or services. If we do, we only collect the information that you choose to provide to us, and we handle it in accordance with our Privacy Policy and applicable privacy law.

You agree to be bound by our Privacy Policy, published at eastremedy.com.au/pages/privacy-policy.

PART C — LIABILITY AND OTHER LEGAL TERMS

18. Liability

Disclaimer. You acknowledge and agree that nothing on the Website, including the selling of the Products or the provision of free samples, is intended to constitute medical advice and should not be relied on as such. You are responsible for determining whether the Products are suitable for your requirements, including whether the Products are appropriate or safe for any allergies, skin conditions or current health circumstances.

Limitation. To the maximum extent permitted by applicable law, East Remedy limits all liability to any person for loss or damage of any kind, however arising, whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website, these Terms or any Products or services provided by East Remedy, to the greater of the amount paid by you for the relevant Product, or the resupply of the relevant Product.

Claims for loss of or damage to Products in transit should be notified to us promptly so that we can raise them with the carrier.

All other express or implied representations and warranties in relation to the Products and associated services are, to the maximum extent permitted by applicable law, excluded.

Australian Consumer Law. Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide. For New Zealand consumers, nothing in these Terms is intended to limit your rights under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ).

Indemnity. You indemnify East Remedy and its officers, employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives' breach of these Terms or misuse of the Website or Products.

Consequential loss. To the maximum extent permitted by law, under no circumstances will East Remedy be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, these Terms or any Products or services provided by East Remedy (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or other applicable law).

19. Force Majeure

If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these Terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give the other party prompt written notice of the Force Majeure Event and the extent to which it is unable to perform its obligations.

Subject to compliance with the notice requirement above, the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

For the purposes of these Terms, a Force Majeure Event means any event or circumstance beyond the reasonable control of a party, including fire, flood, storm, earthquake, pandemic, epidemic, war, terrorism, industrial action, shortage of supply, and failure of transport, customs, telecommunications or utility services.

20. General

Governing law and jurisdiction. These Terms are governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Waiver. No party may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance. Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

Joint and several liability. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment. A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

Costs. Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.

Entire agreement. These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.

21. Interpretation

  • words in the singular include the plural and vice versa;
  • words indicating a gender include the corresponding words of any other gender;
  • if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • a reference to a party includes that party's executors, administrators, successors and permitted assigns;
  • headings and words in bold type are for convenience only and do not affect interpretation;
  • the word "includes" and similar words in any form are not words of limitation;
  • no provision of these Terms will be interpreted adversely to a party because that party was responsible for its preparation; and
  • a reference to $, or "dollar", is to Australian currency, unless otherwise agreed in writing.

22. Notices and Contact

A notice or other communication to a party under these Terms must be in writing and sent to the email address notified by that party. Notices to East Remedy should be sent to hello@eastremedy.com.au

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's email address, notice will be taken to be given 24 hours after the email is sent