OVERVIEW
This website is owned and operated by Scoop Wholefoods Pty Ltd (ABN 40168967673). Throughout the site, the terms “we”, “us” and “our” refer to Scoop Whole Beauty. Scoop Wholefoods offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, or that you are the age of majority in your state and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Returns Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy available on our website.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Unless authorised in writing you must not copy, paste, or otherwise use material on this web site. You may print copies but only for personal non-commercial use. You may not store or retrieve any material on this web site
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Scoop Wholefoods Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In no event will Scoop Wholefoods Pty Ltd be liable for any damages in excess of one hundred Australian dollars ($100.00).
COUPON CODES AND PROMOTIONS
Unless otherwise specified, Coupon Codes are limited to one use per customer, and may not be used in conjunction with any other offer.
Promotional items are valid for a limited time only, while stocks last. Code must be entered at checkout where applicable and valid on full price items only. Promotions are not valid in conjunction with any other offer, excluding gift cards, and pre-set packs, unless otherwise specified. Details subject to change.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Scoop Wholefoods, Scoop Whole Beauty and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Australian law.
Scoop Wholefoods Pty Ltd controls and operates its Website from offices located in New South Wales, Australia and makes no representations or warranties that the information, products or services contained on the Scoop Wholefoods Pty Ltd Website is appropriate for use or access in other locations. The laws of New South Wales govern these terms, conditions and Contract, and the Courts of New South Wales Australia will hear, determine, and enforce proceedings to protect those rights, liabilities, or obligations.
Anyone using or accessing the Scoop Wholefoods Pty Ltd Website from other locations is to do so on their own initiative and are responsible for compliance with Australian laws, if and to the extent applicable.
DELIVERY
Any dates specified by the Seller for delivery of Goods are estimates only and ought to occur in a reasonable time.
A business day is a day, other than Saturday or Sunday, during which banks are open for general banking business in New South Wales Australia whose laws apply in the construction of this Contract.
The Seller is not liable for any direct, indirect, or consequential loss. Without limitation, this includes, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Delivery of Goods (even if caused by the Seller's negligence), nor does any delay entitle the Buyer to terminate or rescind the Contract.
If for any reason, the Buyer fails to accept Delivery of Goods when they are ready for delivery, or the Seller is unable to deliver the Goods on time because the Buyer has not provided appropriate payment, instructions, documents, licences, or authorisations:
- Risk in the Goods passes to the Buyer (including for loss or damage caused by the Seller's negligence);
- The Goods are deemed to have been delivered, and
- The Seller may store the Goods until delivery with the Buyer becoming liable for all related costs and expenses, which includes storage, and insurance.
The Buyer shall provide at its expense adequate and appropriate equipment and manual labour to load or unload the Goods.
If the Seller delivers a quantity of Goods that are less than the quantity specified, or in a damaged state, the Buyer cannot object to, or reject the Goods unless the Seller receives a written claim for the shortfall within 7 days from the date of delivery. If the Seller accepts the Buyer’s written claim, the Buyer will pay for such goods at the pro rata rate.
The Seller may deliver the Goods by separate instalments and can issue separate invoices payable in accordance with the provisions of the Contract.
Each instalment is a separate Contract. No cancellation or termination of any one Contract for an instalment entitles the Buyer to repudiate or cancel any other Contract or instalment.
Delivery under this provision gives rise to an account and inventory.
Upon the delivery of Goods, a security interest for the value of the Goods attaches to the collateral immediately, at the time of delivery. This security interest, if registered by the Seller constitutes a "purchase money security interest."
NON DELIVERY
The quantity of any consignment of Goods as recorded by the Seller on despatch from the Seller's place of business is conclusive evidence of the quantity received by the Buyer on Delivery unless the Buyer can provide conclusive evidence proving the contrary.
The Seller is not liable for non-delivery of any Goods (even if caused by the Seller's negligence) unless the Seller receives a written notice of the shortfall within 7 days from the date when the Goods would in the ordinary course of events have been received.
Any liability of the Seller for non-delivery of the Goods is limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata rate against any invoice raised and paid for such Goods.
RISK & TITLE
The Goods are at the risk of the Buyer from the time of delivery. Where the Buyer has requested special delivery arrangements, risk for the Goods passes to the Buyer upon the Goods leaving the Seller’s premises or other facilities.
Regardless of any credit granted to, or anything set out in these terms and conditions, the Seller retains full legal and beneficial ownership and title in, and to all Goods delivered to the Buyer, until the Buyer has fully paid all invoices or orders. Until ownership of the Goods passes to the Buyer, the Buyer will:
- Hold the Goods as the Seller's bailee on a fiduciary basis;
- Store the Goods (at no cost to the Seller) separately from all other goods of, or held by the Buyer for any third party so they remain readily identifiable as the Seller's property;
- Allow the Seller, its agents, employees or representatives to enter and have access to all premises in which the Buyer holds or stores the Goods either for storage or sale to re-take possession of the Goods;
- Not destroy, deface, or obscure any identifying mark or packaging on, or relating to the Goods, and
- Maintain the Goods in satisfactory condition and keep them insured on behalf of the Seller for their full replacement value against all risks.
The Buyer's right to possession of the Goods terminates instantly if the Buyer is subject to any:
- Sequestration order, or makes an arrangement or composition with creditors, or takes the benefit of any statutory provision for the relief of insolvent debtors, convenes any creditors’ meeting, or enters any form of liquidation. This extends to the appointment of a receiver, manager, administrator over any part of its undertaking; filing documents with the court to appoint an administrator, or filing a notice of intention to appoint an administrator by the Buyer, its directors, or by a qualifying floating charge holder. This liability extends to where a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order for the Buyer, or any proceedings are commenced relating to the Buyer’s insolvency; or
- Enforcement or execution (legal or equitable) over any of its property and where the Buyer fails to observe or perform any obligations under the Contract or any other contract between the Seller and the Buyer, or is unable to pay its debts within the meaning of the Corporations Act, or the Buyer ceases to trade; or
- The Buyer encumbers or in any way, charges any of the Goods.
The Seller can recover payment for the Goods even though ownership of any of the Goods has not passed from the Seller.
Where the Seller cannot determine whether any Goods are the goods for which the Buyer's right to possession has terminated, the Seller is deemed to have sold all goods of the kind to the Buyer in the order in which they were invoiced to the Buyer. On termination of the Contract, however caused, the Seller's (but not the Buyer's) rights contained in this condition remain in effect.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service can be sent to us at scoopwholebeauty@gmail.com