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Terms and conditions

These terms and conditions regulate the business relationship between you, the user of this website and us. By using Our Website in any way or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18. If you do not agree with the terms and conditions in this Agreement, you may not use Our Website.

We are: Hair Care Foundation Pty Ltd an Australian registered company (ACN 082 509 180) t/as Activance.com.au

Our address is: 488 Victoria Street North Melbourne Victoria 3051 Australia

You are: a visitor to Our Website / our customer

The terms and conditions:

Definitions In this agreement:

Carrier” means any person or business contracted by us to carry Goods from us to you.

Content” means any content in any form published on Our Website by us or any third party with our consent.

Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

Our Website” means any website of ours, and includes all web pages controlled by us.

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

 

Interpretation

In this agreement unless the context otherwise requires:

A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation. These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

These terms and conditions apply in any event to you as a buyer or prospective buyer of our

Goods and so far as the context allows, to you as a visitor to Our Website.

This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our Contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

Acceptance of your order

Your order is an offer to buy from us. Nothing we do or say will amount to acceptance of your order until we actually dispatch the products to you or we have confirmed acceptance in writing.

We reserve the right at our sole discretion to accept, refuse, or cancel an order for any reason.

Some situations that may lead to cancellation of an order include the need for additional verification of information, international regulations, problems identified by our merchant partner, we do not have the Goods in stock, etc.

If we do not have all of the Goods you order in stock, we will advise you of the time frame required to complete the delivery and we may offer you alternatives. If this happens you may accept the alternatives we offer or cancel all or part of your order.

Price and payment

The price payable for the Goods that you order is clearly set out on Our Website.

If you reside in Australia prices include goods and services tax (“GST”).

We reserve the right to change any price at which we offer our products or services and to correct any errors in pricing contained on Our Website.

While we fully honour all of our commitments, Activance.com.au shall have no liability for any such changes and/or errors and we are not bound to fulfil orders at outdated or erroneous prices.

Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.

The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay. By entering credit card details you agree to the additional shipping charge being added to your order.

If we owe you money for any reason, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 10 days from the date when we accept that repaymentis due.

Currency of transaction

Purchase of Goods can be transacted in Australian dollars (AUD) US dollars (USD) or Euro dollars (EUR); your desired currency can be selected when you make your order.

Any information given by us in relation to exchange rates are approximate only and may vary from time to time.

Security of your credit card

We take care to make Our Website safe for you to use.

Card payments are not processed through pages controlled by us. We use Paypal and Eway (secure payment gateway service provider) who will encrypt your card or bank account details in a secure environment.

Delivery within Australia

We aim to dispatch your Goods within 3 working days of receiving your order. Please allow 7-10 business days for delivery. There may be slight variation depending on the postal services in your area.

Our preferred Carrier is Australia Post (Express Post and Parcel Post) as they offer prompt delivery and item tracking. Where Goods are delivered by Australia Post we will email to advise the tracking number on your parcel.

For security reasons we prefer, wherever possible to deliver Goods to a business address or to a post office box address.

Where you specify your home address for delivery you must ensure that someone is present to accept the delivery. We do not authorise parcels to be left “safe dropped”.

Where a day or time for delivery is specified on the order, if any, is an estimate only and ‘time shall not be of the essence’.

We set a flat rate of AU $10.00 delivery charge for all orders within Australia.

 

Delivery outside Australia

For Goods shipped outside Australia, please allow 10-12 business days for delivery.

Shipping Charges (by total weight of order):

0kg to 0.4kg - AU$20.00

0.41kg to 0.9kg - AU$30.00

0.91kg to 1.3kg - AU$40.00

1.31kg to 1.8kg - AU$50.00

If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country.

You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

We will not be responsible for any delays imposed by local customs and border clearing authorities.

Where a day or time for delivery is specified on the order, if any, is an estimate only and ‘time shall not be of the essence’.

All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.

 

Returns Policy

You may return most new, unopened items within 30 days of delivery for a full refund. We will also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).

You should expect to receive your refund within four weeks of giving your package to the return Carrier, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the Carrier (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

Disclaimers

All information is provided ‘as is’ and without representations or warranties of any kind, express or implied. Hair Care Foundation Pty Ltd, its directors, officers, employees, make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on the site, and does not make any representations, express or implied regarding the use of and results obtained with the information provided on this website including but not limited to warranties of merchantability and fitness for a particular purpose of the Goods. Any reliance on or use of information is at your own risk. Information provided on this website is for educational purposes and is no substitute for professional advice.

Every reasonable step is taken regarding accuracy of product information and prices on the Activance.com.au website at the time displayed. We do not however, take any liability for any errors in pricing and description and availability of, or any discounts, offers and promotions relating to any product or service available on our website. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice.

You agree that the sole and exclusive maximum liability to Activance.com.au as a result from any product sold on the site, will be the price of the Goods ordered. Under no circumstances shall Hair

Care Foundation Pty Ltd, its directors, officers, employees, or agents be liable for special, direct, indirect, incidental, consequential or punitive damages in relation to a product sold. Hair Care Foundation Pty Ltd makes no warranties that files/data from the website or the server transmitting information to you will be free of viruses, infection, or other destructive components.

Furthermore, we do not warrant that access to this website will be uninterrupted or error free.

All the conditions, warranties or other terms implied by the law of any county other than the

Commonwealth of Australia are excluded from this agreement to the extent permitted by law.

Your account with us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 

Intellectual property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

You may download material from Our Website solely for your personal, non-commercial use, providing it is agreed you do not change or delete any proprietary notices.

Content from Our Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, exploited in any way, or licensed, to any other person or incorporated into any other website without obtaining prior written consent from Hair Care Foundation Pty Ltd.

Link

If you wish to set up a link to Our Website, then you must first seek our prior written consent.

Third party sites

Hair Care Foundation Pty Ltd disclaims any responsibility for the content of any third party materials provided through or on Our website. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site.

Miscellaneous matters

When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

Where we provide Goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.

In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. These terms and conditions are governed by the laws of Victoria Australia. If any provision is deemed unlawful, void or unenforceable, then that shall not affect the remainder. You and we both agree any disputes arising out of this agreement will be dealt with in a court located in Melbourne, Victoria, Australia.

This agreement does not give any right to any third party.

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

Any communication to be served on either party by the other shall be delivered by hand or sent by first class post.

Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.

 

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