Terms & Conditions

WEBSITE TERMS AND CONDITIONS

In these terms and conditions, "we" "us" and "our" refers to Craft 360 Pty Ltd . Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

By purchasing on this website, the purchaser (customer) accepts and agrees that the order is being purchased subject to the Terms and Conditions outlined on this page.

Our Website Services

Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. We reserve the right to cancel your order should our prices change. If you have placed an order and we do not have sufficient stock to fulfil your order.
Most of our products are for EXTERNAL USE ONLY and we are not liable if any of our products are consumed internally. The following products are food grade and can be used for internal consumption:

Himalayan Salt - Fine & Coarse - Purchased in the 20kg Packaging
Bi-Carbonate of Soda, Citric Acid - Purchased in a 25kg Sack

Product Descriptions

We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
We are not liable for any incorrect information provided in our product descriptions.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
Packaging and postage is an additional charge, calculated at time of purchase.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase, however, the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
All risk of loss or damage to the goods passes to you when we dispatch the goods.
We are not liable for any errors made by the purchaser at the time of ordering. We are not liable for any failed deliveries or automatic returns due to any incorrect or incomplete information provided by the purchaser.

It is the responsibility of the purchaser to ensure their order is correct, including the option variables chosen on each product on our website.
Additionally, the purchaser is responsible for ensuring the Name and Delivery Address is completed and correct (including Shop Name, Shop Number, Unit Number, Factory Number, Apartment Number etc.).
The purchaser must also ensure the Contact Phone Number and Email address is complete and correct.
The purchaser must also ensure the products they have purchased on the website are compatible. It is up to the discretion of the purchaser to read the product descriptions and ensure the sizing of the bottle purchased is compatible with the sizing of the applicator, dispenser or closure purchased.
We are not liable to cut any dip tubes purchased by you on our website, unless otherwise agreed by both parties. All of our applicators, dispensers and closures come with a standard length dip tube. It is the responsibility of the purchaser to cut the dip tubes according to their requirement.

Local Pickup:

For all orders where the purchaser has chosen “Local Pickup”, the purchaser must collect their goods within 10 Business Days. If the purchaser fails to collect their goods within 10 Business Days, we will cancel your order and cannot guarantee stock availability.

Shipping, Freight & Delivery:

If you do not want our courier to leave your order in a safe place if the delivery address is unattended, the purchaser must add a note to their order saying "Do Not Leave". It is the purchaser’s responsibility to communicate this requirement to us prior to paying for their order.
Unless specified by the customer, parcels will be left in a safe place if the delivery address is left unattended - The purchaser is required to take note of the process to undertake if the purchaser does or does not want their parcel to be left in a safe place. We are not liable for any parcels being left unattended if the purchaser has not provided us with complete delivery instructions. We are also not liable for any parcels being taken to a collection point if the purchaser has not provided us with complete delivery instructions.
Once the purchaser’s order is dispatched by Craft 360, they will receive an email with tracking details. From the moment the purchaser’s order is dispatched, it is their responsibility to track their order and be present for delivery or if they can not be present for delivery, to collect their order from the collection point.
VIC Metro Free Shipping:

Our free shipping is only available to customers with a shipping address within the Victorian Metro area as classed by Australia Post.
There is a $700 order value threshold that must be met in order to qualify for this free shipping offer.
This free shipping does not include Express Post. We will use Standard / Regular Post Rates when processing your order.

Failure to Collect Order from Collection Point:

If the purchaser fails to be present at the time of delivery and fails to collect their order from the collection point within the given time frame, their order will be automatically sent back to us. As a result of this, there will be a return fee incurred by the purchaser. Once the order is returned to us, we will invoice the purchaser for this and they will be liable to pay within 5 business days. If the purchaser requires their order to be sent to them again after it is returned to us, there will be an additional freight fee incurred by the purchaser.

Product Suitability and Product Changes:

We make no representations about suitability of our products with the materials that the purchaser wishes to use with our products. It is the purchaser’s sole responsibility to conduct tests to check whether their materials are compatible for use (for a full lifetime) with our product.
From time to time the parts or materials from particular products may change, due to supply issues. We will use our best efforts to inform you of those changes. The purchaser acknowledges that it is their sole responsibility to test our products with their intended use in the event that changes are made to our products.
Due to manufacturing limitations, with each manufacturing run, our Glass and rPET Bottles colour may change shade, we are not liable for this inconsistency in the shade of our Glass and rPET Bottles.

To read up on some tips on suitability and compatibility testing, click here.

Order Cancellation Due To Error

Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight in regards to products or shipping/freight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns

We undertake to reimburse the purchaser for any product delivered to them that is faulty or is in a damaged condition.

If the purchaser wishes to return a faulty or damaged product, they must notify us through our designated “contact us” webpage.
The term ‘faulty’ does not include any incompatibility or unsuitability of the purchaser’s products and solutions with our products (as outlined in Section “Product Suitability and Product Changes”).
The term ‘faulty’ does not include any personal or business preferences and assumptions in terms of the mechanisms of our products, eg. spray or dispensing speed or volume.
The term ‘faulty’ does not include any minor scratches or marks on bottles sustained during all transit.
The term ‘faulty’ does not include the incompatibility of our products with products purchased elsewhere. We are not liable for any incompatibility of our products with products purchased elsewhere.

If we have made an error with your order, we will aim to correct this mistake by sending the correction in a separate shipment as soon as possible.

These errors may include the following:

We have failed to include a certain product in your parcel
We have sent the wrong colour
We have sent the wrong size
We have sent the wrong quantity
We have sent the wrong product

In any of the above cases, the purchaser must provide photo evidence of this error prior to us sending out any additional parcels.
In order for us to solve this issue, the error must be alerted to us within a reasonable time frame of 30 days so we can resolve this issue as soon as possible.

For the reason that the purchaser changes their mind or orders the wrong product, due to Industry Standards, we do not offer returns or exchanges of any Bottles, Closures, Dispensers, Moulds, Raw Ingredients, Carrier Oils and Nasal Inhalers.

For any other products, such Crystals, Bags and Packaging, we undertake to exchange any undamaged products purchased from us so long as it is returned unused and unopened with proof of purchase within 30 days of purchase however we will not provide any refund of such purchase.

If undamaged goods are returned to us for exchange, the return postage must be organised and paid for by the purchaser.
We do not refund any packing and postage charges from the original order.
For an exchange of undamaged raw materials, the shipping cost to send the replacement item from us to the purchaser will be paid for by the purchaser.
The return of undamaged goods for exchange is entirely at the purchaser’s cost and risk.

If we are unable at the time of return to replace or exchange returned raw material goods, we undertake to reimburse the purchaser’s credit card for the amount initially debited for the purchase excluding packaging and postage charges.

Cosmetic Use of Craft 360 Pty Ltd.'s Products WAIVER AND RELEASE

I understand that for all Craft 360 Pty Ltd products that I use may cause some kind of risk. I acknowledge I do not have medical conditions or allergies in relation to any of Craft 360 Pty Ltd's products.
By agreeing to these terms and conditions, I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Craft 360 Pty Ltd, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to any direct and/or consequential damages, which results or arise from the use of Craft 360 Pty Ltd's products, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.
To my knowledge, I do not have a medical condition or allergies which would preclude me from using Craft 360 Pty Ltd's products. I acknowledge, agree and represent that I understand the nature of Craft 360 Pty Ltd, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to use such products.
I understand that the result of Craft 360 Pty Ltd's products can vary and results are not guaranteed. I also understand that over time, the wear of such products depends upon my skins age, texture, aftercare and a number of ancillary factors. I release Craft 360 Pty Ltd of responsibility should there be any immediate fading or loss of the benefits.
I agree that I have consulted with a healthcare professional before using any of Craft 360 Pty Ltd.'s products.
By this Waiver, I assume any risk, and take full responsibility for personal injury; death, and any medical complication that may arise, associated with Craft 360 Pty Ltd, including but not limited to using Craft 360 Pty Ltd's products in any manner, form or fashion.
This WAIVER AND RELEASE contain the entire agreement between parties and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Craft 360 Pty Ltd, whether by agreement, by operation of law, or otherwise.
I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.

Chargebacks

If Craft 360 deems that a chargeback is unfounded, we will take the following steps to recover our losses:

We will initially issue you a letter of demand stipulating the money owed to us plus any bank processing fees we incurred.
After two weeks, if we have not been compensated, we will open a VCAT case and provide all available evidence. We may also seek further compensation for our legal costs and expenses associated with the VCAT application.
After 60 days have passed without payment or any satisfactory response from you, we may then take steps to report your details to a credit reporting agency.
In addition to the above, we may also report you to the Cybercimes department of your local Police durisdiction.

Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not licence you to use those marks in any commercial way without our prior written permission.

Disclaimers

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

Schedule 2 of the Competition and Consumer Act 2010 (C&C Act) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-

Schedule 2 of the C&C Act; and
those statutory guarantees, all of which are given by us to you if you are a consumer.

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

We will repair or replace the goods or any part of them that is defective; or
Provide again or rectify any services or part of them that are defective; or
Wholly or partly recompense you if they are defective.

As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-

If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
We do not participate in any way in the transactions between our users.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

WEBSITE PRIVACY POLICY

This Privacy Policy applies to all personal information collected by Craft 360 Pty Ltd via the website

located at www.craft360.com.au.

What is "personal information"?

The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:

whether the information or opinion is true or not; and
whether the information or opinion is recorded in a material form or not.

If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "personal information" and will not be subject to this privacy policy.

What information do we collect?

The kind of personal information that we collect from you will depend on how you use the website. The personal information which we collect and hold about you may include: email, address, name, phone number, address.

How we collect your personal information

We may collect personal information from you whenever you input such information into the website.
We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.

Purpose of collection

The purpose for which we collect personal information is to provide you with the best service experience possible on the website.
We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.

Access and correction

Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.

Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by Daniel Raffelt and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

Overseas transfer

Your personal information may be transferred to recipients located in USA. USA has data protection laws which protect personal information in a way which is at least substantially similar to the Australian Privacy Principles, and there will be mechanisms available to you to enforce protection of your personal information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the Australian Privacy Principles and we will not be liable for a breach of the Australian Privacy Principles if your personal information is mishandled.

How to contact us about privacy

If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: info@craft360.com.au

These Terms and Conditions have been specifically drafted for, and provided to Craft 360 Pty Ltd by LawLive Pty Ltd (www.lawlive.com.au).