Agreement

1.1. These Terms and Conditions (‘Terms’), together with our Privacy Policy, apply to your use of the ASTRID ALCHEMY PTY LTD (ACN 669 268 053) (‘Astrid’, ‘we’, ‘our’, ‘us’) website located at http://www.astridalchemy.com (‘Site’).

1.2. By browsing or using the Site, including using the Site to make an Order, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the ‘Agreement’). If you do not agree with the terms of the Agreement, you must not access, browse or use this Site.

1.3. These Terms govern the supply of any products ordered by you on the Site and your use of the Site. By browsing, accessing, using the Site or ordering a product (‘Order’), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

Interpretation

2.1. In this Agreement:

• “Agreement” has the meaning in clause 1.2
• “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
• “Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia;
• “Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
• “Content” means all material appearing on this Site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws.
• “Customer” means the person or legal entity listed on the Order purchase invoice or sales document;
• “Delivery Costs” means the costs associated with delivery and return/retrieval (if applicable) of Products or Services as specified in an Order, including, without limitation, transport, freight or shipping charges, and insurance costs;
• “Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
• “Order” means an order for Products or Services placed by a Customer on, or via, the Site 
• “Order Price” means the price as defined in clause 4.3.
• “Privacy Policy” means our privacy policy set out here;
• “Products” means the products, goods or items listed or advertised on the Site for sale
• “Services” means the services listed or advertised on the Site for sale or otherwise;
• “Site” has the meaning in clause 1.1;
• “you” or “your” means the person or entity accessing, using or relying upon the Site and includes, when applicable, the Customer.

2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

Access and Use of the Site

3.1. You must only use the Site in accordance with these Terms and any applicable law.

3.2. Astrid Alchemy is not intended for individuals under the age of 18. All users accessing Astrid Alchemy (www.astridalchemy.com) must be over the age of 18 years old. All people subscribing to our mailing list, social media platforms must be over the age of 18 to interact, follow, like, subscribe and purchase off our website.

3.3. If you do not provide accurate and complete details on the Site when making an Order, we may not be able to provide Products or Services to you.

3.4. We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

3.5. We do not warrant that the Site is accurate, complete or current. Any information or contents, including descriptions of Products, Product Pricing Photos of products, on the Site are subject to change without notice at our sole discretion and should not be relied upon or used as the sole basis for making decisions and any reliance on the contents of the Site is at your own risk.

3.6. The Site may contain links to third-party websites. Any links to such websites are for convenience only. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the accuracy, content, copyright compliance, legality, availability of information found on sites that link to or from sites from third parties or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites. You irrevocably waive any claim against us with respect to such sites.

3.7. You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.

3.8. Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, communicate, modify, publish, reproduce, sell or transmit or otherwise use any of the material on the Site, except as permitted by statute or with our prior written consent. The Site is owned and operated by Astrid. Unless otherwise specified, all material appearing on this Site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively ‘Content’) as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright ASTRID ALCHEMY PTY LTD, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Astrid or their respective content providers. All software used on the Site is the sole property of Astrid or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this Site only for the purpose of placing an Order on this Site or to procure our Products and/or Services and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

3.9. You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:

• in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
• in a way that is illegal or unfair.

3.10. We are under no obligation to discuss the details of an Order with anyone other than the Customer named on the Order purchase invoice or sales document.

Order, Payment and Contract

4.1. When making an Order, you must follow the instructions on the Site regarding how to place your Order and how to make changes to your Order before submission. It is your responsibility to ensure that all details related to the Order are correct.

4.2. Prices for our Products are subject to change without notice. We reserve the right to modify, discontinue, or refuse service to anyone, including existing Customers, at any time. We are not liable to you or any third party for any price variation, modification, discontinuance, or suspension of any Service or Order placed on the Site. In the event that a Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Astrid reserves the right to refuse or cancel any Orders placed for Products listed at the incorrect price.

4.3. 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 or through other forms of communication from Astrid) the price you must pay, including Goods and Services Tax (“GST”) and any other charges, including any Delivery Fees for having the Products delivered to the address you provide (collectively, the “Order Price”). Unless otherwise stated, all charges are in Australian dollars.

4.4. You must pay the Order Price in full at the time of ordering or on demand by Astrid. Your payment method must have sufficient funds, credit, or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, nor do we provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.

4.5. By making an Order, you expressly authorise us, before accepting your Order or payment for the Order, to perform credit and security checks and, where necessary, to transmit or obtain information (including updated information) about you to or from third parties from time to time. This may include, but is not limited to, your credit card number to validate your credit card, obtain an initial credit card authorisation, conduct loss minimisation and anti-fraud measures, and authorise individual purchase transactions.

Products and services

5.1. Not all Products or Services listed on the Site or included in your Order may be available or may be available in limited quantities. We reserve the right to refuse to accept your Order.

5.2. We reserve the right to limit the quantities, discontinue, or recall any of the Products or Services we offer.

5.3. You acknowledge and agree that while Products displayed on our Site or in promotional media are indicative of the Products you will receive, different Products may have unique characteristics that could cause your Order to vary from the Products shown. Although all care has been taken to ensure that the Products as viewed are accurate representations, Astrid takes no responsibility for any variation between the Products viewed and the Products received by you.

5.4. We do not warrant that any Products, Services, or information provided, whether on the Site or otherwise, or any other material purchased or obtained by you will be fit for a particular purpose. You expressly agree that use of the Site is at your sole risk. In no event will Astrid, its directors, employees, representatives, third-party content providers, or similar entities warrant that the Site will be uninterrupted or error-free. Additionally, Astrid does not make any warranty regarding the results that may be obtained from using the Site, or the use of information, content, services, or Products provided through the Site.

5.5. You may not use the Products other than for their intended purpose. You agree not to use the Products for any illegal or unauthorised activities or purposes.

Information disclaimer

6.1. All information supplied on the Site is provided without any warranty. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this Site is complete and/or accurate. All information on the Site, including information related to medical and health conditions, Products, and treatments, is for informational purposes only and is often presented in summary form.

6.3. Product images displayed on the Site are for representation purposes only. The actual product may differ from the images shown.

6.4. We reserve the right to limit the quantities, discontinue, or recall any of the Products or Services we offer.

Shipping, Delivery and Receipt

7.1. Following payment of the Order Price in accordance with clause 4.3 of this Agreement, your Order will be made available for delivery.

7.2. Once your Order has been dispatched, you may be contacted by the delivery service provider regarding the delivery.

7.3. You acknowledge that:

• You appoint Astrid as your agent solely for arranging the delivery of Products
• Astrid is not a party to the arrangement between you and the delivery service provider
• Astrid acts only as your agent
• Title and risk in relation to the Products pass to the delivery service provider upon dispatch. As such, Astrid will not be liable for any damage caused following dispatch for delivery.

7.4. If:

• you do not correctly state the access to and address of your property upon making the Order;
• the delivery service provider deems the location to be difficult upon arrival;
• the recipient of the Order is deemed unsuitable according to the requirements listed in clause 7.3; or
• the delivery is not completed because the delivery address is unoccupied and no one is available to accept the delivery,

then you will be liable for any additional charges, including redelivery fees and the cost of additional required labour.

7.5. We will use reasonable endeavours to ensure that all Products or Services are delivered promptly and in a timely manner. However, delivery dates are estimates only, and factors outside our control may result in delays. The estimated date of delivery may change without notice. We do not accept any liability for loss or damage suffered by you or anyone as a result of such delays.

7.6. For the avoidance of doubt, we are not responsible for any delivery delays caused by events outside our control, or the control of our third-party couriers or suppliers, including delays caused by the COVID-19 pandemic.

7.7. Delivery Fees will vary depending on the Order, the method of delivery, the delivery location (including its difficulty), and any taxes or duties related to the delivery.

7.8. The full Order Price must be paid before delivery can be made. It is your responsibility to ensure that you have provided the correct delivery address and sufficient details to identify the recipient. We are not responsible for misplaced Products or for delivery to an unintended recipient due to incorrect details.

7.9. You must ensure that any person collecting or taking delivery of the Products on your behalf is authorised by you. Title and risk in the Products pass to you on collection or upon signing for delivery. Where you provide written authority for Products to be delivered without a signature:

• Any included insurance cover (if any) will be voided; and
• Title and risk in the Products pass to you upon delivery to your nominated address.

7.10. The delivery date and time will vary according to the nominated courier or provider. We are not responsible for the delivery times of Products. Once Products have been dispatched from our warehouse, it is your responsibility to liaise with the nominated courier company regarding the delivery date and to be available for delivery at the scheduled time.

7.11. Any information we provide regarding the method of delivery and estimated delivery time is from a third party, and we do not guarantee the accuracy or currency of such information.

7.12. For the avoidance of doubt, Products are considered collected by you at the time they are dispatched for delivery.

Complaints, Returns and Refunds Policy

8.1. We reserve the right to cancel or refuse any Order placed with us.

8.2. For further information, please refer to our Returns Policy available here.

8.3. It is your responsibility to inform us of any Order that has not been delivered. We are not liable for any undelivered Order or any consequences resulting from an undelivered Order. However, any undelivered Order will be investigated, and we will endeavour to address any issues.

8.4. We request that you closely inspect all Products immediately upon delivery and report any damaged or faulty Products to us within 24 hours of delivery.

8.5. If a Product is damaged, incorrect, or faulty, you must contact us within 24 hours of delivery. You must comply with any directions or instructions provided by us regarding the return of the damaged, faulty, or defective Product to the manufacturer or to us.

8.6. If you believe that your Order is not of acceptable quality, not fit for purpose, not conforming with any description or sample provided, not durable, safe, or free from defect, you must notify us as soon as possible, providing complete details of the problem and supporting evidence (a “Complaint”).

8.7. We do not guarantee the outcome of any Complaint but will make every effort to ensure customer satisfaction.

Consumer guarantees

9.1. Nothing in this Agreement excludes, restricts, or modifies the application of any condition, warranty, or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state, or territory legislation (the “Acts”) where such exclusion, restriction, or modification is unlawful.

9.2. To the maximum extent permitted by law, where any condition, warranty, or other obligation is conferred upon you under the Acts, our sole liability for breach of such condition, warranty, or obligation is limited to either supplying the Products or Services again or paying the cost of having the Products or Services supplied again.

9.3. To the maximum extent permitted by law, we will not provide a refund or exchange for the Products or Services Ordered by you on, or via, the Site where:

• The Products are damaged due to misuse, accident, or abnormal use; or
• The Australian Consumer Law or any manufacturer’s warranty does not apply.

9.4. Consumer Guarantees cannot be excluded and are in addition to any manufacturer’s warranties or extended warranties provided to you.

Indemnity

10.1. You agree to indemnify us and our officers, directors, employees, or contractors (collectively, the ‘Indemnified’) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs, and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Site, any breach by you of this Agreement or your or anyone else’s use of the Products or Services.

10.2. Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages) that result from:

• The use of or inability to use the Site;
• The cost of procurement of substitute Products and Services resulting from any data, information, or services purchased or obtained or message received or transactions entered into through or from the Site;
• Negligent or wilful acts of Astrid, its directors, officers, employees, and/or representatives; or
• Any other matter relating to the Site.

10.3. You agree to indemnify and hold Astrid, our Related Bodies Corporate, directors, officers, employees, and representatives harmless from any claim or demand, including reasonable legal fees, made by you or any third party due to or arising out of the content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

Liability 

11.1. To the maximum extent permitted by law, we exclude all:

• Conditions, guarantees or warranties expressed or implied by law; and
• Any liability to you or to any third person however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of, the Site, or any Products or Services Ordered on, or via, the Site and this Agreement.

11.2. Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed the fee paid by you to us for the Products in your Order. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.

11.3. To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by us will be subject to correction without any liability on our part.

Privacy

12.1. We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

General

13.1. We reserve the right to amend this Agreement at any time without prior notice to you. Any changes will become effective immediately upon their publication on the Site.

13.2. While we strive to ensure the information on the Site is accurate and up-to-date, we cannot guarantee the accuracy or completeness of the information provided.

13.3. If any provision of this Agreement is found to be void or unenforceable, it may be severed from this Agreement without affecting the validity or enforceability of the remaining provisions.

13.4. A failure or delay by us to exercise any power or right under this Agreement does not constitute a waiver of that power or right. Similarly, the exercise of any power or right by us does not preclude our ability to exercise that or any other power or right in the future.

13.5. To the extent permitted by law, this Agreement and its terms and conditions, as well as the use of the Site, will be governed by the laws of Australia. Any claims related to the Site, the services provided through the Site, or the Content will be governed by the internal laws of the State of Victoria, and you agree to submit to the exclusive jurisdiction of the courts in Melbourne, Victoria, Australia.

Contact Information

If you have any questions about these Terms or the Site, please contact us at hello@astridalchemy.com 

Effective: 01/09/2024