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Terms and Conditions of Sale

These are the Terms and Conditions of Chadette Estelle Walker trading as Always Young (ABN 64 365 969 279)
(“Always Young”, “we”, “us”) on our website located at www.alwaysyoung.com, which is owned and operated by us
(Website). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of
which can be found on our Website.
Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied
in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read,
understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or
any purchase you make through the Website, please don’t hesitate to get in touch with us.
1. ECOMMERCE
While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may
occur (for example, a pricing error or stock availability issue).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept
your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing or stock
error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example,
placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill
your order, we’ll process a full refund as soon as practicable.
2. PAYMENT
You agree to pay us the purchase price listed on the Website (subject of course to the proviso above, in the case of
accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may
do so at any time on notice, and that such notice is given by us posting the updated price on our Website.
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below)
is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a
request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then
you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately
stop delivery of any goods unpaid for unless and until we receive your payment in full.
If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become
insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or
terminate this agreement.
We currently accept payments by credit card, Paypal, AfterPay & ZipPay.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway
or processor or credit provider (such as PayPal, AfterPay or ZipPay), which are available on their respective websites.
You understand that these services are provided by third parties, and are made available to you on our Website for
convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an
issue with a third party provider on our Website, please contact them directly.
3. DISCOUNTS AND COUPON CODES
We may offer discounts or coupon codes from time to time.
Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two
promotions on offer at the same time, you can only apply one discount or coupon code to a purchase, not both).
Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that
the offer was first made, or until stocks last (whichever occurs first).
Unless we specify otherwise in our offer, discounts and coupon codes are available on full priced goods only.
Coupon codes are non-transferable and are not redeemable for cash under any circumstances.
We reserve the right to revoke any discount offer or coupon code at any time without notice.
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4. GIFT VOUCHERS
We sell gift vouchers on our Website. The gift voucher will be emailed to you and may be redeemed on our website.
It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the
intended recipient.
Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.
Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for
cash or applied toward any special, promotion or discounted offer.
Voucher Expiry
Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:
• the voucher is able to be reloaded or topped up
• it has been donated for promotional purposes
• it is available only for a specified period
• it has been supplied at a genuine discount
• it is part of an employee reward scheme
• it is part of a customer loyalty program
• it is a second-hand gift card
• it is part of a temporary marketing promotion
in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on
the voucher and will expire after that date.
Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial
balance remaining after redemption.
5. POSTAGE AND DELIVERY
We post products to all over the world. We use delivery service providers to help us get our products to you.
a) Rates
You agree to pay to us postage fees as calculated on checkout or on our shipping page.
As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll
contact you before processing your order to discuss options (such as paying any additional costs or modifying your
order).
Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we
can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the
updated postage fees on the Website.
b) Dispatch Timeframes
We process all orders within 48 hours of receipt of payment. Once an order is processed, we’ll do our best to dispatch
orders on the same business day or the next business day.
We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.
You acknowledge that we’re not liable for any delay in dispatch of your order.
c) Delivery Timeframes
Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however this
is largely dependent on the delivery service provider. As a guide, your orders should arrive within 3-21 business days,
unless advised otherwise.
d) Delivery Address
It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any
incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due
to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this
agreement and issue a refund in accordance with this agreement.
e) Orders Lost in Transit
When we dispatch your order, we will give you a tracking code for you to track the progress of your order.
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If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so
that we can investigate. You understand that while we’ll investigate your missing order, we make no representations
as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you
acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery
service provider, less our reasonable costs of investigating and applying for any compensation, unless otherwise
required by law.
f) Risk
Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery, unless
you’ve given authority to leave unattended. If you’ve authorised us or our agents to leave your order unattended at
that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to
deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be
taken to have been delivered on leaving the order with that person.
If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned
goods. We recommend you insure goods you return to us against loss or damage in transit.
6. EVENTS BEYOND CONTROL
As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer
malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If
circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch
your order while those circumstances continue. While they continue, we may choose to cancel your order, or
otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to
discuss a suitable solution.
7. ADVICE AND INFORMATION
We may give you advice, recommendations, information or assistance in relation to products on our Website, their use
or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time
but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in
nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate
professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for
negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide
on our Website, unless otherwise required by law.
8. AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule
2 to the Competition and Consumer Act 2010 (Cth) (ACL). If you are an Australian consumer for the purposes of the
ACL, you are entitled to replacement or refund for a major failure and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all
other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude
liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
• replacement of the product;
• repair of the product;
• payment of the cost of having the product repaired; or
• such other fair and reasonable remedy as we are ready and willing to provide.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we
are unable to limit or exclude such loss under the ACL.
If for any reason the ACL doesn’t apply to an order you place with us (for example, if you purchase the product for re-
sale with our authorisation or if you are purchasing from outside Australia), then we exclude all liability to you and we’ll
only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing.
Please choose carefully as we do not offer refunds for change of mind.
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To make an ACL-related claim, please contact us at info@alwaysyoung.com.au .
9. REFUND PROCEDURE
If your goods are damaged or defective in any way on delivery, please contact us at info@alwaysyoung.com.au as
soon as possible to arrange a suitable remedy, such as return, exchange or refund.
Please note that you are required to inform us of any fault with the goods in the period from delivery until the fault or
problem would reasonably be expected to appear. Based on the nature of our products, we estimate this period to be
approximately 14 -21 business days.
10. INTELLECTUAL PROPERTY
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and
after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our
intellectual property rights to you.
11. DISPUTE RESOLUTION
If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you
contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply
and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Western Australia, Australia
(unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved
within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator
must do so.
Each of us agree that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this
clause (unless of course we’re seeking interlocutory relief).
12. VARIATION
We can change these conditions at any time by updating this document and giving notice to you by posting a copy on
the Website. The changes will take effect immediately on their being posted.
13. SEVERANCE
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will
be severed, and the rest of the agreement will remain in force.
14. TERMINATION
We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive
termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
15. JURISDICTION
As we are based in Western Australia, Australia , these terms will be governed by the laws of Western Australia,
Australia . In the event of any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to
our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for
resolving any dispute will be in the courts of Western Australia, Australia and courts of appeal from them.
This document was last updated: 16/06/2021