Terms & Conditions

Last updated: October 2023  

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website, https://eachexclusive.com.au/ (“Website”) is a website operated by Each Exclusive Pty Ltd trading as Each Exclusive (ACN 670 721 534).

For the purposes of these Terms and Conditions, “us”, “our”, “we” and “Each Exclusive” refers toEach Exclusive Pty Ltd trading as Each Exclusive and “you” and “your” refers to you, the client, visitor, Website user or person using our Website.

 These Terms and Conditions, govern your use of the Website, and Each Exclusive mobile and social media applications that link to these Terms and Conditions (together, the “Services”).

In consideration for the right to access and use the Services, you agree to these Terms and Conditions, as amended and along with any rules policies and procedures that Each Exclusive Pty Ltd trading as Each Exclusive may implement from time to time together with our Privacy Policy and Website Disclaimer (“Terms”).

YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS. If you disagree with any part of these terms and conditions, please do not use our website. You must be over 18 years of age to use this Website, including to purchase any goods or services from this Website.            

• The content of the pages of this website is for your general information and use only. It is subject to change without notice. It is your responsibility to check this page periodically for changes.    
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.    
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.    
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.    
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.    
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.    
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).    
• Your use of this website and any dispute arising out of such use of the website is subject to the governing laws of Australia.

 PRODUCT SAFETY

Any products you purchase through our Website should be used as directed on the product container or packaging. As everyone has different skin, body and medical conditions which may react to an allergen at any given time, any product could cause a negative skin reaction or react differently to various treatments, even natural products. Actual results may vary. We are not responsible if such a reaction should occur as a result of any consumer using our products. If you develop a skin sensitivity to any product, you should stop using it immediately and consult your physician. Remember, you should never use new products on broken or irritated skin and discontinue using any product that causes any of the following: redness, scaling, itching, burning, soreness, blisters, irritation or other similar reactions. You should not rely solely on the information contained in this Website as it does not purport to be comprehensive or specific to your personal needs or requirements. Ultimately it is the responsibility of the consumer to research product information. And if you are uncertain, check with your health or cosmetics practitioner prior to using any of our products. Our products should not be consumed by humans or animals.

Our products must be kept out of reach of children. We disclaim any liability whatsoever which may result from consumption of our products or failure to keep our products out of reach of children.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our Website that you agree and accept that Each Exclusive Pty Ltd trading as Each Exclusive is not legally responsible for any loss or damage you might suffer related to your use of the Website (whether from errors or from omissions in our documents or information). This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable, and that to the extent permitted by law you will be solely responsible for any damage to you or your property, any third party or their property arising from the use of the services of the content. You agree and accept that to the maximum extent permitted by law, Each Exclusive Pty Ltd trading as Each Exclusive is not legally responsible for any loss or damage you might suffer related to your use of any products or services that we offer, whether due to illness, injury, death, property damage, or any other loss or damage.

It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The Australian Consumer Law may imply warranties or conditions or impose obligations upon us that cannot be excluded, restricted or modified or can only be modified, restricted or excluded to a limited extent, these terms of use must be read subject to these statutory provisions.  Under these provisions your rights as consumers include statutory guarantees that goods supplied to you will be of acceptable quality and will be fit for any notified purpose. Our liability for any breach of these terms is limited to: the re-supplying of the goods or services to you; the replacement of the goods; or a refund. We shall not be responsible for shipping or fulfilment delays, the cancellation of any transaction or the unviability of any product. To the fullest extent permitted by law we shall not be responsible or liable to you or any third parties claiming through or under you under any circumstances for any loss of profits, lost revenue, lost data equipment downtime, or any indirect, consequential, special, incidental, punitive or exemplary damages or losses arising out of your purchase or use of the products or inability to use the services or any content including but not limited to interruptions or delays in transmission regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of damage or loss. To the fullest extent permitted by law, our maximum aggregate liability shall not exceed the amount that you have paid for the goods or services to which the liability relates.  To the fullest extent permissible by law, if you are dissatisfied with the services, fulfilment of any order, do not agree with any part of this agreement or have any other dispute or claim with or against us or any of our related entitled, related to the services or content your sole and exclusive remedy is to discontinue use of the services.

LINKING TO OUR WEBSITE

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

We reserve the right to withdraw linking permission without notice.

For more details please review the following:

• Our Privacy Policy
• Our Returns Policy