Terms and Conditions of Use - Must Read to Contiue

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LEXLYN WELLNESS  

TERMS AND CONDITIONS

1. DEFINTIONS

1.1. In these Terms and Conditions, unless the context or subject matter otherwise requires the following definitions apply: 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 

Business Day means Monday to Friday between the hours of 09:00am and 5:00pm but does not include public holidays. 

Cosmetic Product is given the same definition as contained within the Consumer Goods (Cosmetic) Information Statement 2020.  

Delivery Partners means any third-party carrier service we chose, in our absolute discretion, to deliver Your order which may include but is by no means limited to Australia Post, Star Track and Sendle. 

Lexlyn Wellness mean its owner, owners, operators, employees, successor and assigns. 

Online Shop means the shop and checkout located on our Website, Shopify and other online means through which we sell our Products. 

Productsmeans candles, soap, body scrub, bath soak, books, self-care hampers and other items for which we sell you in exchange for payment and as available on our Website from time to time. 

Safety Directions means all warning labels and recommendations contained on any of Our Products, Website or Online Shop. 

Terms and Conditions means the Terms and Conditions set out herein. 

Third Party means any third-party we require to deliver our Products to you which includes Pay Pal or any eway payment gateway we use to receive your payments, Our Delivery Partners and any other third party required by us to provide our service to you or required by us to comply with any taxation or other relevant laws. 

Websitemeans the domain www.lexlynwellness.com.au. 

Personal Information means and includes Your name, address, telephone number, email address, IP address and credit or debit card information. 

Privacy Policy our Privacy Policy set out in clause 8 of these Terms and Conditions. 

“Us”, “Our” and “We” means Lexlyn Wellness, its employees, directors, owners, operators, authorised officers and agents. 

“Your” and “You” means you, the client, customer, purchasers, website user or person using our Website. 

1.2. Interpretation 

In these Terms and Conditions, unless a contrary intention appears: 

1.2.1. a reference to these Terms and Conditions or another instrument include any variation or replacement as applicable from time to time; 

1.2.2. the singular includes the plural and vice versa; 

1.2.3. a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including persons taking by novation) and assigns; 

1.2.4. if a period time is specified and dates from a given day or the day of an actual event, it is to be calculated exclusive of that day; 

1.2.5. where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; 

1.2.6. headings are for reference only and do not form part these Terms and Conditions; and 

1.2.7. the words including, include and includes mean including, but not limited to. 

1.2.8. Any amount of money is to an amount in Australian dollars ($AUD); 

1.2.9. A statute, regulations or provision of a statute or regulation (Statutory Provision) includes: 

1.2.9.1. that Statutory Provision as amended or re-enacted from time to time; and 

1.2.9.2. a statute, regulation or provision enacted in replacement of that Statutory Provision. 

1.2.10. a reference to the time the Australian Eastern Standard Time 

1.2.11. a provision of these Terms and Conditions must not be construed to the disadvantage of the party merely because that party was responsible for the preparation of these Terms and Conditions or the inclusion of the provision in it. 

1.3. General 

1.3.1. Entire Agreement 

These Terms and Conditions represent the entire agreement between You and Us in relation to the Your continued use and access Our Website and access to information on. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

1.3.2. Severability 

If any provision of these Terms and Conditions is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity, or unenforceability without invalidating the remaining provisions of these terms and condition or affecting the validity or enforceability of that provision in any other jurisdiction, unless it materially alters the nature or material terms of these Terms and Conditions. 

1.3.3. Governing Law 

These Terms and Conditions will be interpreted under and governed by the laws of New South Wales and Australia. 

1.3.4. Jurisdiction 

The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales and the Federal Court of Australia. 

2. WEBSITE TERMS OF USE 

2.1. By continuing to browse, use this website and /or purchase Our Products, You agree to comply with and be bound by these Terms and Conditions of use, which includes Our Privacy Policy, Disclaimers and Shipping and Returns Policy all of which govern Our relationship with You in relation to Your use of this Website. 

2.2. You agree and warrant that you are 18 years or older and have the legal capacity to contract. 

2.3. Continued use of our Website and Online Shop including, but not limited to, viewing our products, purchasing our Products, reading our blog topics and general browsing or viewing our Website and Online Shop constitutes acceptance of these Terms and Conditions. 

2.4. We reserve the right to amend, vary and modify these Terms and Conditions in our absolute discretion. For this reason, you are required to review our Terms and Conditions every time You visit or use Our Website and Online Shop. 

3. DISCLAIMERS 

3.1. The content, information, views and opinions expressed on this Website and Online Shop are for information purposes only. We do not claim to be licensed to sell anything for internal consumption. As such, none of the Products listed on this Website or Our on-line store are suitable for internal use.

3.2. The opinions, views and information expressed through this Website and blog posts are the opinions held by Lexlyn Wellness which We have gained through our own personal life experience and research. We do not in any way claim to be trained psychologists, life coaches or doctors or any other medical professional associated with mental health.

3.3. Lexlyn Wellness is not liable for the accuracy, usefulness or availability of any information transmitted or made available on the Website, nor is it responsible for any errors or omissions in that information. The information contained on our Website is for general information purposes only. 

3.4. Product images, photographs and illustration and any other graphics displayed or used on this website for illustrative purposes only. Actual products may vary in size, colour and packaging. We reserve the right to use packaging at our own discretion which may vary from time to time in colour size and material type. 

3.5. You are required to follow all care instructions and recommendations including following and complying with all warning and product labelling and any recommendation on our Website in relation to using our Products. 

3.6. Prior to use of all Cosmetic Products, You must always conduct a patch or sensitivity test, especially if you know you have sensitive skin before deciding if a Product is suitable for use. We will not be held liable for any loss or damage for unfavourable outcomes, injury, personal or otherwise, or for any failure on Your part to comply with this clause. You agree to indemnify us in all respects for any loss suffered by Us because of your failure to comply with this clause, use common sense, comply with these Terms and Conditions and follow all safety directions. 

3.7. You agree to indemnify, defend and hold harmless Lexlyn Wellness again any claim or proceeding that is made, threatened or commenced, and any liability, loss damage or expense (including reasonable legal costs on a solicitor and own client basis) as direct or indirect result of your breach of any provision of these Terms and Conditions, your negligent act or omissions, your actual or alleged breach of law, legislation, regulation, by-law or code of conduct. 

3.8. It is a pre-condition to you using our website that you agree and accept that Lexlyn Wellness 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 or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk for which we will not be liable. 

3.9. It will be your own responsibility to ensure that any Products, services, or information available through this Website meet your specific requirements. You acknowledge and agree 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.

3.10. From time to time We may include on Our Website links to other websites and information on those websites for your convenience only. In no way does the inclusion of the link imply sponsorship, endorsement, or approval of the those links or signify and any arrangement between Lexlyn Wellness and the owners of those websites. 

3.11. Lexlyn Wellness takes no responsibility for any of the content found on the linked websites. The links are provided for Your Convenience and for general information purposes only and are not providing any advice nor do we take any responsibility for any information found on the linked websites.

3.12. To the fullest extent permitted by law Lexlyn Wellness absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Lexlyn Wellness gives no warranty that any of the information on our Website 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, 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 Us to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit. 

4. PRODUCT USE AND SAFETY 

4.1. For your safety, We have included on our Products, Website and Online Shop and range of information pertaining to product information, warnings, safety information and general recommendations. 

4.2. Itis your responsibility to ensure that you comply with and read all product and safety information. 

4.3. Lexlyn Wellness will not be responsible in anyway for any injury or loss caused howsoever arising because of Your failure and/or Your own negligence by failing to properly following warning labels, safety information and general recommendations. 

5. PRICING, ORDERING AND PAYMENT 

5.1. Our prices do not include separate shipping costs which are payable by You unless expressly stated otherwise. 

5.2. We reserve the right to make changes or corrections at any time to prices, products, specifications and policies without notice to You. 

5.3. All Product items offered are subject to availability and which may be withdrawn at any time at Our absolute discretion. We reserve the right to refuse to accept any order, in whole or in part. We will process your order once we have received your payment. An e-mail confirmation of our acceptance of the order will be forwarded to you. 

5.4. We only accept credit and debit card payments via Visa and Mastercard through the Pay Pal payment gateway which is a highly secure site verified with Veri Sign. Pay Pal will have its own separate Terms and Conditions of Use and Privacy Policy which you will be required to review and accept and of which we have no control over. Goods will only be shipped once full payment has been received by Us. Currently, we do not accept direct deposit, cheque or money order for payment of your goods. 

5.5. Once you have placed the order and clicked the submit button you are under contract to purchase the order, subject to any rights under the Australian Consumer Law. 

6. SHIPPING AND CLAIMS 

Shipping: 

6.1. We aim to dispatch your order within seven (7) business days after receipt of payment. 

6.2. We offer deliveries to most major areas of Australia. Please allow 5-10 business days for delivery after dispatch. Lexlyn Wellness in its sole discretion choses the carrier through which Our Products will be delivered. 

6.3. While every care is taken with quality control and packaging of our products prior to dispatch with our Delivery Partners, we cannot be responsible for the actions of any third-party and our Delivery Partners. 

Faulty, Broken or Damaged Products

6.4. If you receive faulty, broken or damaged goods as a result of our Delivery Partners, we want to know. Accordingly, to lodge a claim please email Us within 5 business days from receiving your purchase at lexlynwellness@gmail.com and include the following information:

6.4.1. Your full name and address; 

6.4.2. order or receipt number 

6.4.3. contract telephone number

6.4.4. email address; and 

6.4.5. a brief description and photographs of the damage or faulty, damaged or broken goods; and 

6.5. After contacting us, please arrange for return of the product to us. Any returns must be at your own expense. You will not be charged any additional shipping or handling fees for replacement of such damaged or defective shipments. Upon receipt of the returned faulty, damaged or broken Product, we will conduct some internal checks prior to accepting claim. If we are satisfied that your product is faulty, broken or damaged, You will be offered a replacement or full refund. 

Missing Products 

6.6. If you have not received your order within 10 business days after being notified that your order has been dispatched, please contact us in the same manner as set out in clause 6.4. We will conduct some internal checks prior to accepting claim. If we are unable to resolve your claim or locate your missing order within 21 days we will off the provide you with your choice of a full refund of your purchase or replacement.  

7. REFUNDS AND RETURNS 

7.1. All refunds will be at the sole discretion of Lexlyn Wellness and subject to the relevant Consumer Guarantees. 

7.2. If you are not satisfied with your product for any reason please contact Lexlyn Wellness to discuss the matter

7.3. We do not accept returns or issue refunds in the following circumstances: 

7.3.1. change of mind; 

7.3.2. found a cheaper product elsewhere; 

7.3.3. no proof of purchase; 

7.3.4. you have damaged the goods; and 

7.3.5. decided you no longer require the products. 

8. PRIVACY POLICY 

8.1. The Terms and Conditions set out in this Privacy Policy only cover the domain name of lexlynwellness.com.au 

8.2. At Lexlyn Wellness, we regard customer privacy as an important part of our relationship with You. We have implemented our Privacy Policy so that we can be transparent about how your Personal Information is collected by Us and shared with any Third-Party Providers. 

8.3. If you purchase a Product or service from us or subscribe to our mailing list, we may request certain Personal Information from You so that we can provide with our service.  Further, You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fulfil your orders. If we have trouble processing an order, we will use this information to contact you.  

8.4. All correspondence and Personal Information may also be collected and stored, particularly in regard to sales, support and accounts and for any taxation or audit requirements that we are required to comply with by law. 

8.5. When collecting payment and dispatching your order for delivery, we may be required to share your personal information with Third Partys necessary to complete your Order. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.

8.6. Lexlyn Wellness does not share any information with third parties for any unknown or unrelated use. 

8.7. Any information collected by Lexlyn Wellness is collected via correspondence from You. This may be via the telephone, Email, mail, fax or directly through our website. By supplying this information to us, you consent to us storing such personal information through our website on databases that may be physically located overseas. For example, payments collected through Pay Pal may be stored by Pay Pal. 

8.8. Where You subscribe to our mailing list, You consent to the collection of Personal Information and for Lexlyn Wellness to store that information within our mailing list database. You acknowledge and agree that by subscribing to our mailing list you consent to Us sending your occasional marketing or promotional emails from time to time, including sending you any emails relating to our Blog Posts. If you no longer wish to subscribe to our mailing, please let us know and we will remove you from it. 

8.9. If you have any questions about security on our Website, you can email us at lexlynwellness@gmaail.com and we will take any appropriate action according to relevant laws.

8.10. If we decide to change our privacy policy, we will post those changes to this privacy policy, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.

9. BLOG POSTS 

9.1. Our blog topics and the information are we share on our Website is purely based on our personal lived experiences and, where relevant, supporting research.

9.2. While due care is taken in the creating and publishing of blog posts, You must remember that the intentional living, self-care care and wellness space can be very subjective. As such, wellness, intentional living and self-care can mean different things to different people. For this reason, the information shared in our blogs is general in nature and should not be construed in anyway to be medical and/or mental health advice. For advice regarding such matters, you must consult a qualified medical and/or mental health professional. 

10. COPYRIGHT, TRADEMARK AND RESTRICTIONS ON USE

10.1. Our Website contains material which is owned by or licensed to us. This material includes 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 you may download from time to time on this website. We reserve all copyright and trademark in our Website and in all documents and information therein reserves the right to take action against you if you breach any of these terms.