Terms of Service

INTRODUCTION
  1. These are the Terms of Service that govern your use of the Feels Botanical website at www.feelsbotanical.com.au, together with any other platform operated by Them Feels Pty Ltd (ABN 89 632 247 280) (“Feels Botanical”, “we”, “our”, “us”) (the “Website”). By using the Website, or purchasing any goods or services from the Website, you agree to these Terms of Service and other Feels Botanical policies (including our privacy policy) that we publish or update from time to time.

  2. You must not use the Website if you are under the age of 18, or allow anyone under the 18 to use it, or use it on behalf of anyone under 18, or use it to purchase alcohol for anyone under 18. Please refer to the notices set out under Liquor Notices below. 

  3. Feels Botanical supports the responsible service of alcohol. The sale of liquor pursuant to the offer to purchase from the Website is made at the licensed premises of Feels Botanical under Liquor Licence no 36158437 (Vic). Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated at the abovementioned licensed premises.

    ORDERS AND DELIVERIES

  4. By entering an order and providing payment details through the Website (including through third party service providers), you:

    a. make an irrevocable offer to purchase the goods or services in your online cart through the Website, in accordance with the delivery terms and charges as set out in these Terms of Service;

    b. warrant that you are over the age of 18 and are not purchasing alcohol on behalf of anyone under the age of 18;

    c. warrant that you have provided the applicable payment provider with valid payment information, that there is sufficient value in your applicable payment account for your order, and you agree to the terms and conditions of the applicable payment provider; and

    d. authorise us and your nominated payment provider to debit or charge the amount payable from your chosen payment method.

  5. You acknowledge that Feels Botanical does not operate, own or control any third-party payment provider.

  6. Feels Botanical can conduct any processing of your order it sees fit, including verification of your age or payment details as necessary or desirable. All sales are subject to the availability of the product, acceptance of your offer by Feels Botanical, and the successful and legitimate processing of your order by Feels Botanical.

  7. You must comply with any additional terms on the Website applicable to your order. 

  8. Prices for goods set out on the website are inclusive of GST but no other taxes or charges. You must pay all applicable delivery fees, taxes, import or customs duties, levies, payment processing fees or additional charges (“Additional Charges”) applicable to your order. Feels Botanical will use reasonable endeavours to display and facilitate your payment of all Additional Charges through the Website, but you must in any case pay such Additional Charges. 

  9. Additional Charges may include minimum floor price requirements as required under the legislation of the Northern Territory.

    DELIVERY

  10. On acceptance of your order, Feels Botanical will arrange for your purchased goods to be shipped to your nominated address in accordance with your selected delivery method, at your cost. Delivery is effected when the purchased goods are left at the address nominated in your order in accordance with these Terms of Service. Deliveries will only be made in accordance with the terms of Them Feels liquor licence.  

  11. Feels Botanical can cancel your order by notice to you, and risk and title in the goods will revert to Feels Botanical, in the following circumstances:

    a. Feels Botanical is unable to dispatch the goods to you (or the price of delivery of the goods differs from the delivery fees paid by you),

    b. the information on the Website pursuant to which you placed your order was incorrect due to system error or otherwise, or

    c. you have breached these terms and conditions. 

  12. Deliveries cannot be made to PO boxes. You must arrange for a person over the age of 18 to be available at your nominated address to take delivery of the goods, and you represent that any person who is at the nominated address at the time of delivery is over the age of 18 and authorised to take delivery. If delivery is not effected because of your breach of this warranty and representation, Feels Botanical may (but is not obliged to) arrange a redelivery or refund.

  13. Feels Botanical may (but is not required to) have regard to delivery instructions that you provide.

  14. Delivery timeframes are solely depending on the selected third-party carrier. Any timeframes set out on the Website are indicative and are estimated timeframes only, which may be affected by congestion on the part of the third-party carrier. Feels Botanical does not make any warranty with respect to the timing of delivery.

  15. Australia wide shipping is available, rates are calculated at checkout based on shipping location + weight of items in order

  16. Please allow 1-2 business days for dispatch from our warehouse. A further 2-3 business days for metropolitan deliveries, and 3-5 days for regional deliveries.

    REFUNDS AND CANCELLATIONS

  17. To claim a refund for or replacement of faulty goods, you must contact Feels Botanical at hello@feelsbotanical.com.au  with details of your order and the nature of fault. Please do so within 2 business days of receipt of the goods. On confirmation by Feels Botanical, you must:

    a. return the allegedly faulty goods to Feels Botanical, at your cost; and

    b. provide evidence to Feels Botanical of the condition of the goods at the time of receipt by you, and dispatch to us (if applicable).

  18. Feels Botanical will provide you with a refund or replacement of purchased goods if they are faulty or defective in accordance with the Australian Consumer Law. You are not entitled to a refund where you have placed an order and have subsequently changed your mind, or if the goods were lost, destroyed or damaged by you or after delivery to you for reasons not related to their state or condition at the time of supply.

    ACCOUNTS

  19. You may be required to create a user account to place orders through the Website. If so, you must provide Feels Botanical with all information required by Feels Botanical to create an account, and you warrant that all such information is correct and complete.

  20. You are solely responsible and liable for the activity that occurs on or in relation to your account, whether authorised or unauthorised. You must take all necessary security measures to protect your password and prevent unauthorised access to your account. You must ensure that all activity on or in relation to your account complies with the General Usage Rules (as defined below) and all applicable laws and regulations in connection with your use of the Website. You must notify Feels Botanical immediately if you suspect a breach of security or unauthorized use of your account, username or password, and you may only register a single account. Feels Botanical may give you notices and formal communications through the Website on your account.

  21. Your account on the Website may contain records and information about your use of the Website. Feels Botanical can remove such records and information from your account (or disable your account in part or in full) if you breach these Terms of Service or for any other reason or no reason, at any time in Feels Botanical’s sole discretion. The cancellation of your account does not affect your obligations under these Terms of Service.

    GENERAL USAGE RULES

  22. You must not:
     
    a. act inappropriately or offensively while using the Website;

    b. use the Website to post or communicate material that is objectionable, offensive, defamatory, unlawful, misleading or deceptive, or harmful;

    c. use the Website and its contents other than as expressly permitted by these Terms of Service;

    d. reproduce any content uploaded to the Website by others in any form or by any means other than in accordance with these Terms of Service;

    e. use the Website to impersonate or misrepresent your affiliation with another company, person or entity;

    f. if you are or represent a competitor of Feels Botanical, use or reproduce the Website for commercial or research purposes;

    g. use the Website to plan or engage in any illegal, fraudulent, or manipulative activity;

    h. alter or modify any part of the Website or its contents

    i. disable, tamper with or circumvent any measures or security technology included in the Website;

    j. use the Website with the aim of interrupting, destroying or limiting the functionality of any computer hardware, software, telecommunication or equipment associated with the Website, including any software viruses or any other computer code, files or programs; or

    k. use any scraper, robot, spider, or other automated means to access the Website; or decompile, disassemble, reverse engineer, attempt to derive the source code of, modify, or create derivative works of any content, information or materials accessible through the Website or the Website itself.

    WARRANTIES

  23. You warrant that all information and material you provide through the Website, and your acts or omissions in relation to or arising from the Website, will not: (i) infringe any other person’s or other legal entity’s proprietary rights (including, without limitation, any intellectual property rights) or rights of publicity and privacy; (ii) violate any law, statute, ordinance or regulation; or (iii) contain any viruses, Trojan horses, worms or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activities being conducted on the Website. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorised purpose.

    INDEMNITY

  24. You indemnify, defend and hold Feels Botanical harmless for all liability, claims, damages, costs and expenses, including legal fees (on a lawyer/client basis), arising out of or in connection with a breach by you of any your obligations, representations and warranties provided in this Agreement. This indemnity survives the termination of these Terms of Service for any reason.

    LIMITATION OF LIABILITY

  25. You acknowledge you are using the Website and relying on material on the Website at your own risk.  We provide the Website “as is” and to the extent permitted by law (and subject to consumer guarantees under the Australian Consumer Law), we make no warranties, express or implied, in relation to the Website or goods or services supplied through the Website, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose or non-infringement. We do not make any warranties that the Website will be available, complete, uninterrupted or virus or error free. We do not make any warranties that the prices or goods listed on the Website will be available on a continuing basis.

  26. To the extent permitted by law, including the Australian Consumer Law, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Website or any other goods or services provided by us are expressly excluded. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this agreement, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to:  (a) with respect to the supply of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; (b) with respect to the supply of services: the re-supply of the services; or the payment of the cost of having the services re-supplied.

  27. In no event will Feels Botanical (including its directors, officers, agents, employees or contractors) be liable for any direct loss or indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), (including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption) however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of the performance or non-performance of these Terms of Service by Feels Botanical, to the extent permitted by law.

  28. Where the Website contains links to third-party sites, Feels Botanical provides such links for convenience and does not endorse the content of any such sites. Feels Botanical does not have control over, and excludes all liability in respect of, any such third-party site. 

    OUR IP RIGHTS

  29. You agree that you have no rights in or to the whole or any part of Feels Botanical’s trade marks (including the name "Feels Botanical”) or the Feels Botanical logo, nor to any of the Website’s design, artwork, literary, sound or audio visual components or processes. To the extent that you have any such rights, you assign them to us (and agree to execute all documents necessary to perfect that assignment). You will not, except as otherwise permitted by these Terms of Service or in writing by us, disclose, make use of or otherwise infringe our intellectual property rights. This promise shall survive the expiration or termination of these Terms of Service.

  30. You grant to Feels Botanical an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, modify, creative derivative works based on, display, distribute, exploit and commercialise any of your communications (or ideas and concepts contained in such communications) with Feels Botanical. This may include designs you submit for customised labels or customisation options you select or submit in relation to the goods we provide. 

    GENERAL TERMS

  31. All matters arising from or relating to this Agreement and all the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement shall be governed by the laws of Victoria, Australia without regard to conflicts of law principles. The parties agree to submit to the exclusive jurisdiction of the courts of Victoria.

  32. You cannot assign all or any part of these Terms of Service without our prior written consent. We may assign our rights and/or obligation under these Terms of Service at any time without notice to you.
  33. The failure of Feels Botanical to exercise or enforce any right or provision of these terms of use does not constitute a waiver of such right or provision, which will still be available to Feels Botanical.

  34. You can contact Feels Botanical with questions, complaints, or claims with respect to the Website with the following contact details:

    a. Name: Feels Botanical Pty Ltd
    b. Contact email: hello@them-feels.com  
    c. Contact number: 0422 977 933

    PRIVACY

  35. You agree to the terms of the Feels Botanical Privacy Policy, as updated from time to time. 

    LIQUOR NOTICES

  36. ACT: Under the Liquor ACT 2010, it is an offence to sell or supply alcohol to a person under the age of 18 years on premises where the sale or supply of liquor is authorised or in a public place. Maximum Penalty $5500.
     
  37. NSW: Under the Liquor Act 2007, it is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
  38. NT: Under the Liquor Act 2019, a person must not serve or supply liquor to a person who is under 18 years of age (Max 50 penalty points). 

  39. QLD: Under the Liquor Act 1992, it is an offence to supply liquor to a person under the age of 18 years. 

  40. SA: Under the Liquor Licensing 1997, liquor must not be sold or supplied to persons under 18. 

  41. TAS: Under the Liquor Licensing Act 1990, it is an offence: for liquor to be delivered to a person under the age of 18 years. Penalty: Fine not exceeding 20 penalty units. For a person under the age of 18 years to purchase liquor. Penalty, Fine not exceeding 10 penalty units.
  42. VIC:  Under the Liquor Control Reform Act 1998, it is an offence to supply alcohol to a person under the age of 18 years (Penalty exceeds $19,000), for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $800).

  43. WA:  Under the Liquor Control Act 1988, it is an offence to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises. 
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