Terms & Conditions

The websites, www.organicindex.com.au and www.organicindex.com (defined as the Website) are owned and operated by Organic Index Pty Ltd ACN 608 889 890 (“we”, “us” and “our”).

These terms and conditions, our Privacy Policy and any other terms and conditions which you may find throughout the Website (Terms) govern your use of our Website and the products and services provided on the Website and form a binding contract between you as the user of the Website, and us.

By using the Website, you acknowledge and agree that you have read, understood and agree to these Terms.  We encourage you to read these Terms and contact us should you have any particular questions in relation to our Website or our products and services.

1.            Online sale of Products

1.1          Our Website offers organic, natural, vegan and crafted cosmetic goods and products (Products) for purchase.  Some of the Products available on our Website are also available for purchase instore.

2.            General restrictions on use

2.1          You agree to not disclose to any other person any user name or password that we issue to you. We will assume that any use of this Website by your issued user name and password is you, and you will be responsible for any such use, except where you have notified us under clause 2.2.

2.2          You must notify us as soon as you become aware of any improper use or disclosure of your user name and password.  In such circumstances, we will allocate you a new user name and password.

2.3          When using this Website, you agree to not:

(1)           provide us with inaccurate, misleading or incomplete information;

(2)           violate any applicable laws, or use this Website for any purpose that is unlawful or prohibited by these Terms;

(3)           impersonate any person;

(4)           distribute viruses, corrupt files, or utilise any other similar software or programs that may damage the operation of any computer hardware or software;

(5)           collect or store personal data about other users of this Website;

(6)           engage in any other conduct that inhibits any other person from using or enjoying this Website; or

(7)           use any part of the Website, any good Products purchased on or via the Website, for any commercial use or to further any commercial purpose, including any commercial activity, sales, offers, advertising or revenue generating activity on your own website, auction sites, group buying sites, social media sites or otherwise.

2.4          If you fail to observe and comply with these Terms, we reserve the right to immediately issue a warning, temporarily or permanently suspend and prevent your access to all or any part of the Website.  We may terminate these Terms without notice at any time and for any reason whatsoever.

3.            Use of Product

3.1          You agree that you will only use the Products for their intended purpose.  If you use any Product/s for any other purpose, you do so at your own risk and you assume full responsibility for any loss or damage arising from such use.

4.            Payment

4.1          You agree to pay the purchase price specified on the Website at the time that you place your order for the purchase of a Product, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.  Prices are subject to change.  Changes to prices are effectively immediately on posting to the Website or any other form of notification.

4.2          If the Product is to be delivered outside of Australia, you agree to pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (Other Taxes) imposed by any applicable government agency in relation to the sale and purchase of the Product. You acknowledge that we are not aware of and cannot advise you regarding the imposition or amount of any Other Taxes, and you agree to inform yourself of any such Other Taxes by contacting the taxing authorities of the country to which the Products are to be shipped.

4.3          You agree to pay for the Product online by credit card or via a PayPal account. Your payment will be processed upon receipt of your order. The credit cards that are accepted from time to time are those described on the Website. A surcharge may apply for the use of certain credit cards as described on the Website.

5.            Acceptance of orders

5.1          Once you place an order, you will receive an email acknowledging and confirming the details of your order (acknowledgement email). The acknowledgement email does not constitute acceptance of your order, only that we have received your order.

5.2          Unless you cancel your order, acceptance of your order and the completion of the contract between you and us will occur when we email you confirmation that the Products have been dispatched to the designated shipping provider.  The contract is completed in Queensland, Australia.

6.            Cancellation of orders

6.1          We may cancel an order that you have placed if:

(1)           we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Terms;

(2)           we are unable to obtain authorisation for payment;

(3)           the ordered Product is out of stock; or

(4)           as otherwise provided in these Terms.

6.2          While we endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time and we may also cancel an order in such circumstances.

6.3          Unforeseen supply problems or unexpected demand may occasionally result in a Product being unavailable. If there is a delay in the shipping of your Product, we will contact you by email as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when we ship the Product to you.

7.            Delivery

7.1          We will normally ship the Product to your nominated delivery address within 2 business days of receiving your order, unless otherwise noted in the Product description. Delivery times displayed on the Website are estimates only and are subject to change without notification to you as they are based on the information provided to us by the shipping company and not within the our power or control.

7.2          We will deliver the Product to the nominated delivery address specified when you made your order. Title to and risk in the Product will pass to you upon delivery of the Product to the nominated delivery address.

8.            Returns

Returns and exchange policy

8.1          You can return or exchange any Product, for any reason, within 30 days of receipt subject to the following:

(1)           The following Products cannot be exchanged or refunded if you simply change your mind:

(a)           personalised products; and

(b)           cosmetic items that have been opened.

(2)           The return or exchange of a Product is subject to our approval.

(3)           A Product being returned or exchanged must be dispatched/shipped within 10 days of us approving the return.

(4)           The Product being returned or exchanged must be in its original condition and packaging and not affected by being used in an abnormal way, or reduced in value by delay on your part. If these requirements are not met, we reserve the right to deny a return or exchange on receipt of the subject Product.

8.2          If you return a Product, you will be given a store credit to the same value of the Product (excluding shipping costs) once we receive the Product. Please ensure you use a trackable or signed-for delivery service such as registered post, as we cannot credit your account until the item has been received.

8.3          A Product may only be exchanged with us for another Product of the same or lower value than the original Product.  Should you wish to exchange a Product, please contact our customer service term and ensure to include a stamped, self-addressed post pack with your return to enable us to post the exchanged Product to you.

8.4          If for any reason a Product you have ordered is not available or out of stock, we will refund you the purchase price and shipping costs via PayPal or offer you a store credit to the same value of the Product ordered.

8.5          Products may only be returned or exchanged by the original purchaser.

8.6          Store credits are valid for 12 months from the date of issue, unless otherwise specified.

Faulty Product

8.7          If you wish to return a faulty Product, we require photo proof of the faulty item or, we will provide you with a stamped, self-addressed post pack in which to return it directly to us.

8.8          If it is agreed that the Product is faulty, you will be offered a replacement or repair of the faulty Product or a full refund or store credit, whichever you prefer. Any refunds will be transferred back to the original payment method, i.e. your credit card (via PayPal), PayPal account or store credit.Information on website

8.9          While we use our best endeavours to provide the most accurate, complete and current information, we are not responsible if any information on the Website is not accurate, complete or current.  To the extent permitted by law, we do not warrant that the Product descriptions, information, colours or other content of the Website are accurate, complete, current, reliable or free from error.

8.10       Information provided on our Website is for general information only and you should make your own enquiries regarding a Product to ensure it is right for you.  Please feel free to contact us should you have any particular queries regarding a Product.

8.11       Sometimes there may be information on our Website that contains typographical errors, inaccuracies or omissions.  We will correct any such errors, inaccuracies or omissions as soon as we become aware of them. However, we will not be liable to you for any error, inaccuracy or omission on our Website.

9.            Grant of limited licence to use Website

9.1          We grant you a limited, revocable and non-exclusive licence to access and use the Website for your personal use for the purpose of evaluating or purchasing Products.

9.2          This limited licence does not grant you any right to:

(1)           copy, republish, download, transmit, sell or license any part of the Website or content;

(2)           use any part of the Website for any reason other than your personal use;

(3)           reverse engineer, modify or create derivative works from any part of the Website or content;

(4)           collect account information of other users; or

(5)           use any software or tools which gathers or extracts data, or overload or place unreasonable burden on our system infrastructure.

10.         Variation of the Website and Terms

10.1       We may from time to time and without notice, vary, modify or discontinue (temporarily or permanently) any part or all of these Terms and/or Website, including the Products that may be included and offered for sale from time to time on this Website.

10.2       Any changes are effectively immediately once they appear on the Website and will be effective thereafter. By continuing to use the Website, you agree to all such changes to these Terms.  You should read these Terms before placing an order online.  If you do not agree to a change, you should immediately cease to use the Website.

11.         Warranties and liability

11.1       We warrant that if any Product fails to comply with the following promises within 30 days of your receipt of the Product, you may return the Product for a full refund or store credit as described in clause 8:

(1)           each Product will comply in all material respects with any descriptions given on this Website;

(2)           unless otherwise noted, where the Products are items of clothing they will be new; and

(3)           each Product will be in saleable condition (subject to any defects described on this Website prior to purchase).

11.2       If the Australian Consumer Law applies to the sale of a Product to you, we give you notice of the following guarantee under the Australian Consumer Law:

(1)           You are entitled to a replacement or refund for a major failure in a Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.

(2)           All express or implied warranties, representations, statements, terms and conditions relating to these Terms or a Product that are not contained in these Terms, are excluded to the maximum extent permitted by law.

(3)           Nothing in these Terms excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may include the Australian Consumer Law, which (as described above) contains guarantees which operate to protect the purchasers of goods and services in various circumstances).

(4)           If any guarantee, term, condition or warranty is implied or imposed in relation into this agreement (a Non-Excludable Provision) and we are able to limit your remedy for a breach of such a Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to the replacement of the Product or the supply of equivalent goods by providing another Produce, the repair of the Product, the payment of the cost of replacing the Product or of acquiring equivalent goods, or the payment of the cost of having the Product repaired.

(5)           Subject to our obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, our maximum aggregate liability  for all claims under or relating to these Terms, or a Product, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:

(a)           AUD$100; and

(b)           the amounts paid by you to us for the purchase of a Product.

In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us under any Non-Excludable Provision.

(6)           Subject to our obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

(a)           special, indirect, consequential, incidental or punitive damages; or

(b)           damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

11.3       To the fullest extent permitted by law, we will not be responsible or liable, whether under contract, tort (including negligence) or otherwise, under any circumstances for any:

(1)           interruption of business;

(2)           delays or interruptions of access to the Website;

(3)           non-delivery, misdelivery, corruption, destruction or otherwise of data;

(4)           any system failures, malfunctions or contraction of computer viruses arising from your use of the Website; or

(5)           indirect, special, punitive, incidental or consequential damages arising out of or related to the Website or your use of the Website and in no event will our maximum aggregate liability exceed $100.

11.4       Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

12.         Indemnity

12.1       You indemnify, protect and hold us harmless against any action, liability, claim, loss damage, proceeding, expense (including legal costs) incurred or suffered by us, arising from, or which is directly or indirectly related to:

(1)           your breach or failure to observe any of these Terms;

(2)           any breach or inaccuracy of any of your representations or warranties; and

(3)           your use of any part of the Website.

13.         Privacy policy

In using this Website, you may give us personal information in which you have certain rights. By using this Website, you grant us consent to use your personal information in accordance with our privacy policy, which forms a part of these Terms.

14.         Intellectual property

14.1       This Website and all of the information, graphics, images, photographs, drawings, icons, text, logos, sounds, audio, video, music displayed on the Website, and all intellectual property rights existing in the content, including but not limited to, trade marks, designs, graphics, logos, copyright, data compilations and software (content), is owned by us or our licensors and is protected by Australian and international intellectual property laws.

14.2       Your use of the Website or content does not grant you any rights in relation to the copyright, designs, trade marks or other intellectual property rights relating to the Website or the content.  This includes all software and coding contained in the Website.  You are not permitted to use, exploit, reproduce, duplicate, copy or otherwise deal with any of the Content or any part of the Website without our express authorisation.

14.3       We do not warrant and make no representation that the use of the Content on this Website will not infringe any intellectual property rights of any third party.

15.         General

15.1       Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.

15.2       If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

15.3       These Terms are governed by the laws of Queensland Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia.

15.4       These Terms constitute the entire agreement between us and you in relation to the Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Products.

15.5       Your purchase of the Products is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any Product purchase, including by sending electronic notices.

15.6       The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.

15.7       The term “including” when used in these Terms is not a term of limitation.