General

1.1       Entire Agreement:  These Terms and Conditions contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms and Conditions except as expressly stated in these Terms and Conditions. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.

1.2       Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms and Conditions to any person.

1.3       Force majeure: We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events)

1.4       No waiver: No waiver by us of any default of yours under these Terms and Conditions shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms and Conditions.

1.5       Notices: Unless otherwise stated within these Terms and Conditions, notices to be given to either party shall be in writing and shall be delivered by electronic mail at the email address you supplied to us or to us at our registered office.

1.6       Third party rights: All provisions of these Terms and Conditions apply equally to and are for the benefit of Tonic The Organic Beauty Store, its subsidiaries, any holding companies of Tonic The Organic Beauty Store, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms and Conditions may be varied or rescinded without the consent of those parties).

1.7       Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

1.8       Severability: If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

1.9       Governing law: These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.

1.10    Change of the Terms and Conditions: We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

 

2         ORDER AND FORMATION OF CONTRACT

2.1       When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.

2.2       Once You select a product that you wish to order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site) the price you must pay including GST and any other charges, including any Unless otherwise stated all charges are in Australian Dollars.

2.3       You must pay for the Order in full at the time of ordering by one of the payment methods we provide on the Site. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the product and carry out security checks from time to time.

2.4       If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact Customer service immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

2.5       When you place an order, you will receive from us a Confirmation of Order by e-mail. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to You until we have accepted Your Order. We may in our discretion refuse to accept an Order from You for any reason, including but not limited to
(a) unavailability of stock or we may offer you an alternative product (in which case we may require you to re-submit Your Order);
(b) we suspect that you might on sell our Products to other consumers.

2.6       Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.

 

3        Delivery

3.1       We aim to deliver products to you at the place of delivery requested by you within the time indicated by us at the time of your order, but we cannot guarantee any firm delivery dates

3.2       We will try to let you know if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of delivery.

3.3       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.

3.4       Unless otherwise specified by you, all risk in the product shall pass to you upon delivery. If delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.

3.5       You must take care when opening the product so as to not damage it, particularly when using any sharp instruments.

 

4        DISCLAIMER AND LIABILITY

4.1       This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
 

4.2       Nothing in these Terms and Conditions excludes or limits your statutory rights as a consumer or our Liability for:
(a) fraud;
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied by law; or
(d) any other Liability which cannot be excluded or limited by applicable law.
 

4.3       In performing any obligation under these Terms and Conditions, our only duty is to exercise reasonable care and skill.

  

5        RETURNS POLICY

5.1       Any items that arrive broken or faulty will be replaced if we are notified within 7 days of receipt. For items that arrive broken or damaged, please email us a photograph within 7 days at info@tonicskincare.net.au and the item will be promptly replaced.

If you are unhappy with any of your purchases you may return them within 7 days of receipt for a full credit valid for 30 days.

Please note that we do not accept returns on sample items.

5.2       How do I return an item?
To return a product, please send them back within 7 days of receiving your parcel to our warehouse at:

TONIC THE ORGANIC BEAUTY STORE 
272 WOOLOOWARE ROAD 
BURRANEER NSW 2230 

AUSTRALIA

For any faulty or incorrect items, please contact us at AUSTRALIA 0425 279 854 OR INTERNATIONALLY (+61) 425 279 854 or info@tonicskincare.net.au, and we will guide you through this replacement process.

5.3       Faulty Product Return: Any items that arrive broken or faulty will be replaced if we are notified within 7 days of receipt.

For items that arrive broken or damaged, please email us a photograph within 7 days at info@tonicskincare.net.au and we will guide you through the replacement process.

5.4       I have been sent an incorrect item/ there is something missing: If for any reason there is an issue with your order (incomplete or incorrect), please email a copy of your order to info@tonicskincare.net.au within 7 days of receipt and we will guide you through the replacement process.

 

6        SALE ITEMS AND CHANGE OF MIND

Items purchased on sale are not able to be returned for a refund or exchange. All completed orders are final once payment has been completed and cannot be cancelled.

7        ITEMS OUT OF STOCK

Please contact us info@tonicskincare.net.au for information on current out of stocks.

 

8        WHAT DO I DO IF I HAVE HAD A REACTION TO A PRODUCT I HAVE PURCHASED FROM YOUR STORE?

The majority of allergic reactions occur within the first 24hrs of initial usage. 

You will need to: 

  • Cease using the product immediately.
  • Contact us as soon as possible info@tonicskincare.net.au to determine the possible cause and to resolve.
  • Take photos of the reaction to determine the nature of the reaction and forward to us info@tonicskincare.net.au
  • All said products will need to be returned to Tonic The Organic Beauty Store (272 Woolooware Road, BURRANEER NSW 2230 - AUSTRALIA), prior to the final determination of appropriate action.

    9        Privacy Policy

    Please see our privacy policy

     

    10     PROMOTIONS 

    10.1    WELCOMETOTHETRIBE10

    The ‘Welcome To The Tribe’ coupon offer for 10% off your first purchase of $30 or more is valid for 30 days from signing up to the Tonic Tribe. The code is valid for one singular use per email address when applied and cannot be duplicated or reused. Prices as marked. This offer is only valid on purchases of $30 or more.

    In addition to our returns policy, the offer conditions are:

    • Refunded amount will match price at purchase; and
    • The offer discount value excludes shipping costs.

     

    10.2    TRIBEBIRTHDAY

    The ‘It’s Your Birthday’ coupon offer for free shipping for the month of your birthday is valid for 30 days from receiving the ‘It’s Your Birthday’ email. The code is valid for one singular use per email address when applied and cannot be duplicated or reused. Prices as marked. This offer is only valid on Shipping costs and does not discount the product purchase price. 

    In addition to our returns policy, the offer conditions are:

    • Refunded amount will match price at purchase; and
    • The free shipping discount value excludes return shipping costs.

        

      10.3    WEMISSYOU25

      The ‘We Miss You coupon offer for $25 off your when you spend $150 or more, is valid for 30 days from receiving the ‘We Miss You’ email. The code is valid for one singular use per email address when applied and cannot be duplicated or reused. Prices as marked. This offer is only valid on purchases of $150 or more.

      In addition to our returns policy, the offer conditions are:

      • Refunded amount will match price at purchase; and
      • The offer discount value excludes shipping costs.