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Terms & Condtions

Welcom to AustralianScent.com

Effective Date Of The Privacy Policy: 01 April 2011

This webSite (or our "Site") is operated by Australian Scent, Ltd. Co. (“Australian Scent” or "AustralianScent.com" or “we”). These Terms & Conditions (“T&C”) govern each user’s access to and use of this Site services provided by Australian Scent (the “Services”), whether accessed through the World Wide Web or any other medium or device now known or hereafter invented. The Services may include any one or more of the following: accessing, viewing and/or using a webSite, whether publicly accessible or with restricted access; fan clubs and other subscription Sites; contests; email subscription lists; search services; Mobile Services; online stores (and other shopping services) for the browsing and purchasing of merchandise, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time or hereafter created on an Australian Scent Site or other Service.

Age Requirement

In order to use the AustralianScent.com, you must be at least 13 years of age. If you are under 13-years-old, you may not use the AustralianScent.com and you are instructed to leave this webSite or other Service. If you are between the ages of 13 through 17 years, you may use the AustralianScent.com only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing AustralianScent.com while not under the supervision and/or without the written consent of your parent or legal guardian.
Agreement Between You and Australian Scent; Visitors and Registered Users

Legal Agreement Between the User and Australian Scent

These Terms & Conditions (T&C) constitute a legal agreement between the user of the Services (“you”) and Australian Scent. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this T&C in order to access and/or use the Services. By using the Services, you agree to be legally bound by this T&C, whether you are a “Visitor” (which means that you only browse a Site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this T&C. Please read this T&C carefully and in its entirety. If you do not agree with all of these terms, you should leave this webSite and discontinue use of the Services immediately. If you do not accept this T&C in its entirety, you do not have permission to access or use the Services.

Modification of these Terms & Conditions

Australian Scent may wish to update or change this T&C from time to time to reflect changes in the Services, changes in the laws affecting the Services, changes in Australian Scent’s policies, or for other reasons. When we do, Australian Scent will endeavor to provide notice to users in one or more of the following ways: (1) Australian Scent will update the “last updated” date at the bottom of this T&C; (2) Australian Scent may post notice of the update on the webSite or other Service; and/or (3) Australian Scent may email notice of the update to the Registered Users. You understand that Australian Scent reserves the right to make these changes and that you are responsible for regularly reviewing this T&C as posted on the webSite or other Service. Continued access to or use of the Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this T&C, as modified from time to time.

Privacy Policy

Australian Scent, Ltd. Co. is committed to protecting your online privacy while providing you with an utmost useful and enjoyable Web experience possible. While you can use many features of our webSite, located at (the "Site") anonymously, you are required to provide personal information to gain access to some of our premium content and services. This Privacy Policy (the "Policy") describes our practices regarding the collection of information through our Site. By using the Site, or obtaining any product or service through the Site, you agree to the collection of use of information set forth in this Policy. If you do not agree with the Policy, please do not use the Site.


How We Protect Your Personal Information

All personal data is encrypted with secure server software (SSL) that encodes the information before your Web browser software sends it to us. The SSL software decodes the data only after it reaches our server, meaning hackers can't snatch any of your personal information while it is in transit. Once the data reaches our Site, the same state-of-the-art security software we use to guard all of our essential business data we use to protect your personal data as well.

How We Use "Cookies"

As you probably know, "cookies" are small pieces of information that some Web Sites store on your computer's hard drive when you visit them. Web Sites use cookies to identify members so they don't have to enter a user ID and password upon each visit. Most Web browsers automatically accept cookies but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. Even if you do not use cookies, you can still access all of the features on our Site by logging in manually with each visit.

Information We Collect And How We Use It

You may choose to provide us with personal information when you visit our Site. For example, if you decide to complete an online survey, complete a user registration form or make a purchase, you may be asked to provide certain information such as your contact information (name, email address, mailing address, and telephone number), age group, gender and product and/or skin care concerns, and the brands and products you use. If you decide to place an order, we will also need to know your delivery and billing address, credit card number and expiration date. To protect your personal information, users registering at the Site must also enter a user name/email address and password.

If you would prefer that we not collect any personal information from you, please do not provide us with any such information.

Marketing Emails & Constant Contacts Inc.

The information you provide may be used by Australian Scent to create and deliver to you emails, newsletters, promotions or other email messages containing products and event information ("Emails").  Australian Scent utilizes Constant Contact Inc (an industry standard e-marketing company) for our emails marketing. If you have provided us with your contact information, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests or questions or your order using our Constant Contact account.  You may at anytime “Unsubscribe” from any such emails by following the link at the bottom of any marketing email you receive the we generated using Constant Contact.

Information We Share And With Whom We Share It

We will not provide your personal information to third parties for their use in marketing their products or services to you without your consent. In addition, we do not sell or otherwise disclose personal information.

Compliance With Law And Fraud Protection

We may disclose any information we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. In addition, we may disclose any information when we believe, in our sole discretion, disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.
        
Updates To Our Privacy Policy

We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. We suggest that you periodically consult this Privacy Policy. Please find the effective date of the Privacy Policy at the top of this page.

Updating Your Information

If you would like to update your contact information, you may do so by logging into “My Account”.

COMMENTS

We have taken great measures to ensure that your visit to our Site is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please contact us:email:  info@australianscent.com or write to:

Australian Scent
500 Main St FL 2
Beacon, NY 12508

Or call Customer Service: (347) 583-8578  Mondays to Fridays 9am to 5pm EST, except Holidays.  Please allow three (3) to five (5) business days for a response, longer during US holiday and peak seasons.

Pricing and Payments

All prices are in US Dollars. Advance payment in full via Visa, MasterCard, or American Express only is required. Prices are subject to change from time to time in Australian Scent's sole discretion.

Order Processing

All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.

Delivery / Shipping Policy

Orders are typically shipped within three (3) to five (5) business days. Please expect shipping delays during US holidays and peak seasons.

Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Australian Scent is not responsible for non-receipt of orders that have been deemed delivered. Australian Scent is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the checkout procedure.
If for any reason your order is classified as undeliverable and returned to Australian Scent you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and tax (if applicable) will not be refunded. Australian Scent will not re-ship any order that is classified as undeliverable and returned to us.



Domestic Shipping (US):

Our domestic carrier is either USPS Priority, or FedEx Home/Ground. The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS Priority is two (3) to five (5) business days; and FedEx Ground is three (3) to ten (10) business days. We do not provide express, overnight or COD shipping.

If for any reason your order is classified as undeliverable and returned to Australian Scent you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and tax (if applicable) will not be refunded. Australian Scent will not re-ship any order that is classified as undeliverable and returned to us.



International Shipping

(Outside The US): We only us USPS Priority International Mail for shipping service outside of the U.S.

If for any reason your order is classified as undeliverable and returned to Australian Scent you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and tax (if applicable) will not be refunded. Australian Scent will not re-ship any order that is classified as undeliverable and returned to us.

 

Refunds, Returns and Exchanges

There is a 20% restocking fee on all refunds, returns and exchanges with the exception of manufacturer's error (in Australian Scent’s sole discretion). After receiving the returned item/s, (Subject to inspection) Australian Scent will credit the customer's account for the original purchase price of the item(s) minus the 20% restocking fee. Australian Scent will not refund any shipping & handling fees to or from the customer except in the case of manufacturer's defect. Australian Scent will not refund or re-ship any customer whose orders are not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Australian Scent by the delivery carrier.

If for any reason your order is classified as undeliverable and returned to Australian Scent you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and tax (if applicable) will not be refunded. Australian Scent will not re-ship any order that is classified as undeliverable and returned to us.



Backorders

If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory, and you will be issued a full refund of your order total (including shipping and handling and tax, if applicable).
If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Australian Scent to:

   1. Hold your entire order until the item or items that are out of stock are re-stocked; OR

   2. Ship the items that are in stock, issue a full refund for the item or items that are out of stock.  We will not issue a partial refund for the difference in the cost of shipping and handling only tax (if applicable); OR

   3. Ship the items that are in stock, and ship the items that are out of stock once they become available. Customers will not be charged for additional shipping cost.

  
Australian Scent will hold your entire order until either (a) you respond to this email or (b) the item(s) that are out of stock are re-stocked.



Undeliverable Packages

If for any reason your order is classified as undeliverable and returned to Australian Scent you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and tax (if applicable) will not be refunded. Australian Scent will not re-ship any order that is classified as undeliverable and returned to us.


State Sales Tax

In accordance with state law, we are required to charge sales tax on all orders shipped within the state of New York. Sales tax is applied to the order total pre-tax, which includes shipping and handling.



Customer Service

Our customer service office is open from 9am - 5pm EST Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service. We endeavor to answer all responses within three (3) to five (5) business days, but please allow longer during US holidays and peak seasons.


General Terms


Terms & Conditions may be changed from time to time in the discretion of the owners or operators of this Site. All terms and conditions are applicable to the extent permitted by law.

 


Illegal or Prohibited Activities

The following is a partial list of the kind of activity that is illegal or prohibited on or via AustralianScent.com. Australian Scent reserves the right to investigate and take appropriate legal action against anyone who, in Australian Scent’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    * Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
    * Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    * Advertising to, or solicitation of, any user to buy or sell any products, services or data through AustralianScent.com;
    * Soliciting any user to buy, sell, lend, transfer or give away passwords, promotional codes, gift codes or other access codes;
    * Exporting encryption software over the Internet or otherwise to points outside the United States;
    * Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
    * Any automated use of the system, such as using scripts to add friends or send comments or messages;
    * Interfering with, disrupting, or creating an undue burden on AustralianScent.com or the networks or services connected to AustralianScent.com;
    * Attempting to impersonate another user or person;
    * Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
    * Selling or otherwise transferring your profile;
    * Using any information obtained from AustralianScent.com in order to harass, abuse, bully, or harm another person;
    * Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through AustralianScent.com, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
    * Using AustralianScent.com in a manner inconsistent with any and all applicable laws and regulations.
Spam
You may not transmit any chain letters or junk email to other users. You may also not forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. It is also a violation of these rules to use any information obtained from AustralianScent.com in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect Australian Scent users from such advertising or solicitation, Australian Scent reserves the right to restrict the number of emails that a user may send to other users in any 24-hour period to a number which Australian Scent deems appropriate in its sole discretion. If you breach these terms and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through AustralianScent.com, you acknowledge that you will have caused substantial harm to Australian Scent, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Australian Scent $50 for each such unsolicited email or other unsolicited communication you send through AustralianScent.com.

If you have any questions regarding these Terms and Conditions, please email us at info@australianscent.com.