These terms and conditions (the Terms) apply to the use of the website found at URLs www. jakorganics.com and/or www.jak-organics.myshopify.com (collectively, the Website), including the publishing or purchase of services on this Website or via telephone, email or through social media sites.
In these terms and conditions, the terms, "we", "us" and "our" refer to JAK Organics Pty Ltd (ACN 164 159 362) as the owner of the Website.
The JAK Service
- We sell our products, and sometimes those products of others through this Website.
- We may offer a number of other services on this Website, such as message boards, contests, information updates and newsletters, which may change from time to time. We may require users to agree to be bound by supplementary terms and conditions in relation to those other services as well when needed.
Acknowledgement and Acceptance of Terms
- Your access to and use of the Website, including any order for products through the Website, and the viewing of information on the Website (each and together, referred to as “using this website”), are subject to and conditional upon your acceptance of these Terms and any applicable law.
- By using the Website, you accept these Terms. If you do not agree, you must refrain from using the Website or ordering products. Without limiting our other rights and remedies we may deny access to use the Website to anyone who breaches these Terms.
- All rights that are not expressly granted to you in these Terms are reserved.
Amendments to Terms
- We may amend these Terms at any time without notice to you, and it is your responsibility to monitor the Website for changes.
- Amendments will come into effect from the date they are published on the Website. The updated version of these Terms will supersede all prior versions.
- Your continued use of this Website following that publication will constitute your agreement to be bound by the amended Terms.
- We will only knowingly sell JAK™ products to people who have the legal capacity to enter into contracts under applicable law.
- To use the Website, you must be 18 years of age or older. By proceeding to use this Website, you acknowledge and warrant that you are over 18 years of age or are otherwise under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
- You agree to comply with all local laws regarding online conduct and acceptable content.
- To see what is contained in each JAK™ product, it is your obligation to locate the appropriate product ingredients section listed on our website and/or as listed on the product itself.
- You acknowledge and agree that due to label sizes, sometimes it is difficult to provide a full list of product ingredients on the product itself. Accordingly, it is important that you view our Website to see all product ingredients.
- We pride ourselves on providing organic products that are full of goodness. However, as some of our products are manufactured by third parties, we cannot guarantee that all products are 100% organic nor that our packaging is 100% organic.
- Because of the organic nature of some of our products, they may have a shorter shelf life than similar products full of preservatives. Accordingly, it is important that the expiry date on all products is noted as well as the instructions for appropriate storage temperature and location.
- If you have any questions about the JAK™ products we encourage you to communicate directly with us through either the tools available on the Website or the Contact Us Page before purchasing any products.
- In the event at any time that you are not satisfied with any aspect of your JAK™ product please contact us as we are incredibly proud of our products and wish for you to have the best experience.
- You may offer to purchase products described on this Website, at the price specified on the Website. We encourage you to review the product prices and sizes thoroughly to ensure you are aware of the correct price of the products you wish to purchase.
- Prices are listed as exclusive of goods and services tax (GST) where applicable. Our prices may vary from time to time and the fees payable be those that are appear on our Website at the point of purchase.
- We reserve the right to amend the JAK™ products. If we introduce a new product or vary an existing product, the costs for that product are effective at the launch of the product.
- In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of the products. You are responsible for all applicable taxes.
- If you purchase products, you must deliver appropriate payment for items purchased before they are sent to you.
- When products are provided on a periodic or ongoing basis, you have the obligation to ensure your payment details are maintained and up to date so we can process payment for these products periodically. If your products received are not paid in full and become overdue, our rights include, but are not limited to, the suspension of privileges and/or termination of the services and other collection mechanisms (including retaining collection agencies and legal counsel).
- By submitting an online purchase of products through the Website together with your payment you are agreeing to pay the costs of the products requested by you in accordance with the prices set out on this Website or as otherwise agreed with you directly.
- You must pay for the products in a payment method that is acceptable to us. A list of accepted payment methods will be available at the checkout section of the Website.
- It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
Cancellation of orders
- You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable as a result of technical or other faults. This may be due to an error or similar oversight. In that event our right to cancel an order is reserved.
- We may also cancel an order if we believe that it is being made in contravention of these Terms or in contravention of the rights of any person or of any law.
- If a cancellation occurs after the buyer’s credit card has been charged for the purchase, we will procure a credit to the buyer’s credit card account of the purchase amount.
- You may not cancel an order once it has been submitted and you only have one hour from requesting products to amend or vary any product request. If exceptional circumstances exist, we may permit a cancellation outside of this timeframe, but it will be up to our sole discretion.
- We aim to deliver the Product to you at the place of delivery requested by you in your order and at the price outlined during the checkout process.
- We aim to deliver within the time indicated by us at the time of your order but we cannot promise an exact date when you submit your order. Within Australia, we always aim to deliver within 4 working days from the date of any order which we accept but we cannot guarantee any firm delivery dates.
- We will aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- On delivery of the product(s), you may be required to sign for delivery, unless you grant us 'authority to leave' the product. You agree to inspect the product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered product in case of future discussions with us about it.
- You may grant us an 'authority to leave' when placing your order. If you do, you understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the order in question unattended by the front door – or, where applicable, at the reception or concierge's desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
- Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
- You acknowledge that we have no control over the quality, safety, speed or legality of any aspect of the shipping or postage services provided save for that the services are coming from a professional external company.
- Unless otherwise specified, all risk in the product will pass to you upon purchase. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
- You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
- If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following: (a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or (b) no longer make the product available for delivery or collection and notify you that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for above).
- At JAK™, we stand behind our products. We strive to provide the highest quality, organic skin care products on the market. However, for hygienic reasons we do not accept returns or exchanges unless there is material fault in the product that makes it not fit for purpose.
- If you are not 100% happy with your purchase, please contact us and we will do our best to try to work out a resolution of your issue.
Using the JAK™ Website
- In order to use certain elements of the JAK™ Website (for example, purchasing a product) it will be necessary for you to provide certain personal details including payment details.
- You agree to ensure that your contact and payment details are true and accurate at all times and you undertake to update your details from time to time when they change.
- You may, subject to specific restrictions set out in these Terms, download material from the Website solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change of delete any proprietary notices or disclaimers from any material downloaded from the Website.
Content on Website
- You agree that we are not responsible or liable for any advertising (which includes data, information, images, profiles, audio, video, products, services and links) posted by any person on the Website. You use the JAK™ Website and products at your own risk.
- The information contained on the Website is presented in summary form only and is not to be considered complete. The information contained on the Website should not be regarded as or used in the place of professional advice. Users of the Website should consult with us directly if they have any specific questions.
- Further, while all efforts are made to ensure the information contained on this Website is up to date and accurate, we do not make any warranties that all information is accurate and without error. We will not be liable for any loss or damage caused by the reliance on information set out on this Website without obtaining advice.
- By submitting any advertising to the Website, you grant to us a worldwide, royalty-free, transferable, non-exclusive, right and licence to use the advertising, for reproduction on the Website and on products or services, and in any media existing now or in the future as we deem necessary, to enable you to use the JAK™ Website, for so long as your advertising remains stored on our Website.
- We may grant sub-licences to third parties for the purposes of producing products or services and the providing the JAK™ products.
- You acknowledge that we have the right to remove or reject any advertising or content that you submit on the Website, if we believe that the advertising or content, its uploading, storage, display or use is in contravention of these Terms or any other agreement with us, or contravenes the rights of any person or of any law.
- We also reserve the right to notify the appropriate authorities of such a contravention (or suspected contravention) and to provide a copy of the advertising or content, and other information to the appropriate parties.
Our intellectual property
- Copyright in all of the contents of the Website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us.
- All trade marks (registered and unregistered) that we use on the Website are owned by or licensed to us.
- Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these Terms, or with our express written permission, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any information or thing available from this Website (including our products); or
- commercialise any information, samples or services available or obtained from this Website.
- Any personal information, including email address and JAK™ employees you obtain from the Website or from us may only be used for that transaction or for Website-related communications.
- We have not granted you a licence to use the information for unsolicited commercial messages. You are not licensed to add any Website user to any mailing lists without that user’s express consent.
- You may be able to link to third parties' websites through the Website. Those links are provided for convenience only and may not remain current or be maintained.
- You understand that third parties' websites are not endorsed, reviewed, controlled, or examined by us in any way and we are not responsible for the content of any third parties’ websites. You acknowledge that the inclusion of links in the Website is not intended as an endorsement or recommendation of any linked website or content of such website.
- We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
- To the extent permissible by law, JAK™ excludes all conditions, warranties and terms applied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non Excludable Condition).
- To the extent permissible by law, JAK™’s liability for breach of any Non Excludable Condition is limited at JAK™’s option to one of supplying, replacing or repairing the goods or supplying again the services in respect of which the breach occurred, or paying the user the cost of acquiring equivalent goods or services in respect of which the breach occurred.
- By using the Website, you agree to indemnify and hold us and our associates, officers, directors, agents, business name holders and employees harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Website or any linked websites or your violation of any law or the rights of a third party.
Termination of access
- Access to this Website may be terminated at any time by us without notice. Our disclaimers will nevertheless survive any such termination.
- We reserve the right to terminate any person’s client status at any time if they breach these Terms, any other agreement with us, or any relevant law, regulation or community standard or for no reason at all.
- If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
- Nothing in these Terms is taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any party.
- We may transfer or sublicense or subcontract our rights and obligations under these Terms. In the event the Website is sold or transferred wholly or partially to a third party, you agree that your acceptance to that transfer is deemed based on your continued use of the Website.
- If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
- If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
- These Terms are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
To return to the Website
- By returning to the Website or continuing to use the Website, you acknowledge that you have read, understood and accepted the above Terms.
Version current as of: 16 May 2016