Terms and conditions of sale
‘Purchaser’ means any person or entity that orders products from th.ink tanning for domestic or trade usage
‘Terms and conditions’ means the terms and conditions of sale
‘Th.ink tanning’ means th.ink tanning pty. ltd.
2.1 These terms and conditions apply to all sales of products by th.ink tanning to the purchaser and supersede any previous terms of trade applying between th.ink tanning and the purchaser (however communicated). These Terms and Conditions prevail over any purchaser’s terms of trade so that any sale by th.ink tanning is on these terms and conditions only.
2.2 Notwithstanding clause 2.1, th.ink tanning may change these terms and conditions at its own discretion and such amended terms and conditions will be either posted on the th.ink tanning website or provided in writing to the purchaser and will apply to all products ordered by the purchaser from the date of such notice.
3.1 An order for products constitutes an offer to purchase the products by the purchaser subject to these terms and conditions.
3.2 Th.ink tanning may at its absolute discretion decline any order in whole or in part.
3.3 Orders accepted by th.ink tanning cannot be cancelled or amended without the written consent of th.ink tanning.
3.4 The price of the products is the price listed on the invoice generated by th.ink tanning when the order is made.
3.5 The prices and product specifications listed on the th.ink tanning website are subject to change at the absolute discretion of th.ink tanning and without notice to the purchaser.
4.1 This clause is to be read together with any benefits that th.ink tanning may provide under Australian statute.
4.2 Our products are guaranteed against defects in material or workmanship subject to fair and proper usage.
4.3 The purchaser is not authorised to issue replacements to their customers of th.ink tanning products without prior written approval from th.ink tanning.
4.4 The purchaser shall immediately notify th.ink tanning in writing of any defect in the products supplied.
4.5 Nothing in these terms and conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other Australian laws which cannot be modified or excluded. Except as expressly set out in these terms and conditions and as required by the Australian Consumer Law, th.ink tanning makes no warranties or other representations to the purchaser. Th.ink tanning’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. Any warranties made by th.ink tanning to the ultimate consumer of the products is solely for the benefit of the purchaser, and no purchaser purchasing goods for resale shall be entitled to bring claims under any such warranties.
4.6 Without limiting the above clauses:
4.6.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law. A purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. A purchaser is also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
4.6.2 To the extent permitted by statute, the liability, if any, of th.ink tanning arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of Goods, shall at th.ink tanning’s option be limited to:
§ the replacement of the products or resupply of the products, or the cost of replacement or resupply of the products; or
§ refund of the purchase price; or
§ the repair of the products, or the costs of repair of the products.
4.7 Subject to clauses 4.6.1 and 4.6.2, th.ink tanning shall not in any circumstances be liable to the purchaser under or in connection with these terms and conditions, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission in the course of or in connection with the performance of these terms and conditions, for or in respect of any excluded loss.
4.8 Unless otherwise specified, this warranty does not cover: modified, abused, neglected, accidentally damaged products, or products that have become damaged or defective as a result of improper use or products that are not distributed by th.ink tanning through an authorised distributor or reseller.
If you register on our website, you must provide us with true and accurate registration information. You must keep your user name and password confidential. Th.ink tanning are entitled to assume that any purchase made using your account details has been made by you. Please ensure that you log out of our website after each visit so that no unauthorised transactions take place using your account details.
Failure by th.ink tanning to insist upon strict performance of any term, warranty or condition of these terms and conditions shall not be deemed as a waiver thereof or of any rights th.ink tanning may have and no express waiver shall be deemed a waiver of any subsequent breach of any term warranty or condition.
The purchaser shall not, without the written consent of th.ink tanning alter, remove or damage any labels which th.ink tanning attaches to the products.
It is agreed that if any provision of these terms and conditions should be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof and each such other provision shall remain in full force and effect
These terms and conditions contain all the terms of the agreement between the th.ink tanning and the purchaser and supersede all prior discussions and arrangements. In the event that there is any conflict between the provisions of these terms and conditions and the provisions of a purchase order or any record of any other agreement that th.ink tanning may have with the purchaser, then the provisions of these terms and conditions shall prevail.
These terms and conditions shall be governed by and construed in accordance with the laws of Victoria. Th.ink tanning and the purchaser agree to submit to the non-exclusive jurisdiction of Victoria and the Federal Court of Australia.
Delivery and returns
This section forms part of the terms and conditions of sale and should be read together with the terms and conditions of sale.
2.1 We offer a standard delivery fee of $12.00 (incl GST) for all orders from our retail range or sample bottles from our professional range where that order consists of 10 products or less. Delivery will occur by Australia Post Parcel Post. An estimated delivery time of 5 business days applies Australia wide for Australia Post Parcel Post.
2.2 We offer express registered delivery for a fee of $22.00 (incl GST) for all orders from our retail range or sample bottles from our professional range where that order consists of 10 products or less. Delivery will occur by Australia Post Express Registered Post. An estimated delivery time of 2 days applies Australia wide for Australia Post Express Registered Post. You may track the delivery of your purchases online at the Australia Post website.
2.3 For orders from our professional range, orders from our retail range of 10 products or more or for international orders we will deliver your order by such carrier as we consider appropriate and charge you for the cost of delivery only. Where possible, we will arrange for the delivery to be sent with tracking. Delivery fees will vary depending upon the size of your order. If you have a preferred carrier, or have concerns about the cost of the delivery, please contact us before placing your order.
2.4 While every effort will be made to ensure the accuracy of the information contained on our website, the availability of stock and the estimated delivery times may increase due to unexpected delays in the supply of products and other unforeseen circumstances.
2.5 If you have any questions concerning delivery times, or which products are in stock, please contact us by sending an enquiry using the ‘contact us’ page on our website, or by calling us on +61 (0)424 933 599.
Missing or damaged products
3.1 Where th.ink tanning has obtained written confirmation from Australia Post or any other carrier of receipt of our products, this will be conclusive evidence that th.ink tanning has fulfilled its obligations with respect to the delivery of our products.
3.2 While every effort will be made to ensure that your purchases are appropriately packaged and delivered we take no responsibility for any items damaged or lost during delivery. We recommend that you have your purchases delivered by Australia Post Express Registered Post or by a tracked delivery service to ensure that they are not lost during delivery.
3.3 If you have not received your purchases within the estimated delivery time, please contact us by sending an enquiry using the ‘contact us’ page on our website, or by calling us on +61 (0)424 933 599.
Incorrectly delivered items
4.1 If you have not received the correct products with your order, please contact us by sending an enquiry using the ‘contact us’ page on our website, or by calling us on +61 (0)424 933 599 within 14 days of receipt. Please do not open or tamper with the packaging of the incorrectly delivered products.
4.2 We will endeavour to dispatch the correct products to you or provide you with a refund of the purchase price within 14 days of th.ink tanning receiving the incorrectly delivered products from you. You will not be charged for delivery of any replacement products where items have been incorrectly delivered by us.
4.3 If you use and or open any product that has been incorrectly delivered, this will be considered to be acceptance of that product and you will be liable for the full purchase price of that product. For health and safety reasons, we cannot accept the return of products where the packaging on the product has been broken or the product has been used.
4.4 If you have received the incorrect product or products, the title in that product or products remains the sole and absolute property of th.ink tanning until such time as the product is returned to us in accordance with our delivery and returns policy or until such time as the product is opened or used.
5.1 We take great pride in our products. If you are unsatisfied with our products for any reason, or wish to return a faulty product please contact us by sending an enquiry using the ‘contact us’ page on our website, or by calling us on +61 (0)424 933 599. We will be glad to assist you.
5.2 Th.ink tanning will not accept returns due to the purchaser’s change of mind and will only accept returns in accordance with our warranty policy.
5.3 Returned products must be received by us within 14 days of the original dispatch date of your order.
6.1 All refunds will be issued using the same manner of payment in which the original purchase was made.