Terms & Conditions

WEBSITE TERMS & CONDITIONS


Terms and Conditions: tranquiliti.com.au (THE ‘WEBSITE’) IS AN ONLINE SERVICE OWNED AND OPERATED BY TRANQUILITI  (ABN 54 422 453 116). PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY VISITING THE WEBSITE, YOU AGREE THAT YOUR VISIT TO AND USE OF THE WEBSITE AND YOUR PURCHASE OF GOODS SHALL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

 

A. CONDITIONS GOVERNING USE OF WEBSITE

  1. USER AGREEMENT If you do not agree with any of the following terms and conditions (“Terms and Conditions” or “Agreement”), you must not use the Website. Your use of the Website is governed by the following Terms and Conditions.
  2. AMENDMENTS TO TERMS & CONDITIONS BY TRANQUILITI (“Tranquiliti”) may make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by such changes. We are not obliged to notify you personally of any changes and such changes will apply when posted on the website in respect of all orders submitted after such posting. You should check our published agreement and policies from time to time to acquaint yourself with the current version.
  1. ACCOUNTS 3.1 In order to have access to products and the ability to purchase products via tranquiliti.com.au you must first create a registered account on the Website (‘Account’) and opt into email marketing. Creating an Account and opting into email marketing will enable you to: (a) receive information and email communications from Tranquiliti relating to products; (b) make an order to purchase a product; (c) change your preferences, including with respect to your preferred email address, geographic location, credit card details and passwords; (d) view, otherwise receive and print receipts of products you have purchased; and (e) view past products you have purchased. 3.2 When registering an Account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date. 3.3 Tranquiliti reserves the right to refuse registration of an Account (or to close an existing Account) where we have reasonable grounds to believe: (a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner; (b) you have breached these Terms & Conditions of Use; (c) refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; or (d) you have an existing Account. 3.4 You are solely responsible for any activity that occurs on your Account and for keeping your Account login and password secure and Tranquiliti will have no liability for any loss or damage of any nature whatsoever arising from any misuse of your login or password by you or another person. 3.5 You may request for your account and data to be deleted at any given time by writing to Support with your request. Additionally you may opt out of email marketing at any time through the available unsubscribe links provided in all email communications.
  1. UNAUTHORISED USE OF THE WEBSITE 4.1 You agree to use this Website only for purposes that are permitted by: (a) these Terms & Conditions of Use; and (b) any applicable laws or regulations. 4.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website. 4.3 You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from Tranquiliti (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of Tranquiliti 4.4 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that Tranquiliti may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities. 
  1. WEBSITE INFORMATION 5.1 You agree that you are responsible for: (a) making your own enquiries to verify information that is published on the Website about particular goods and services; and (b) assessing the suitability of goods and services prior to you placing an order for a Product for a Deal relating to those goods or services.

 

B. USER AGREEMENT GOVERNING PURCHASES OF TRANQUILITI PRODUCTS OR SERVICES 

  1. LEGAL CAPACITY By making an online purchase you accept these terms and conditions and acknowledge that you: Are over eighteen (18) years of age, and are entering into a legal contract with Tranquiliti. Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such loss or damage from the minor’s parents or guardians who caused or permitted the order to be placed.
  1. PLACING ORDERS 2.1 Products and services displayed on the Website do not constitute an offer to sell. Such display is an invitation to treat only. Orders placed by you are your offers to purchase particular products or services under these terms and conditions at the price specified (including delivery and other charges). We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product or service, an error in the price or description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received. You may cancel your order only if we have not started processing it. Please contact us through our Contact page or contact@tranquiliti.com.au 2.2 Changing an order after payment cannot be done once it has been processed through the secure payment gateway. You cannot add any items to this order after it is processed and charges cannot be manually added 2.3 If there is something incorrect with your order address you must email contact@tranquiliti.com.au immediately. Missing orders sent to incorrect addresses at the fault of the Buyer will not be refunded by Tranquiliti. 
2A. If Your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your order has passed our fraud prevention protocols your order will not be fulfilled. If you do not provide the requested information within up to 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
  1. PRICE The prices of products and services, delivery and other charges shown are in Australian dollars and are inclusive of GST. Prices are current at time of display but are subject to change, although no change will apply to an accepted order. 
  1. PAYMENT Payment section of the website is for payment options. If your payment is not received or is declined by your bank or credit card issuer, we cannot hold any product against your order.
  1. SUPPLY 5.1 Supply of product subject to this agreement, we will supply to you the products or services shown on your order confirmation. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the Shipping & Returns page of the website for delivery options and details and pricing. We do not allow personal pick up 5.2 Tranquiliti endeavours to deliver the exact order as confirmed on the customer receipt. However, Tranquiliti acknowledges that at times products are missed and therefore not packed into orders; that incorrect products are sometimes mistakenly packed; that orders may be lost in transit by a third party freight company; that orders may go missing upon delivery for reasons unknown. Should any of the aforementioned scenarios happen, please email contact@tranquiliti.com.au 

5A. MISSING IN TRANSIT If your order does not arrive within the designated shipping period time, Tranquiliti requires a customer to lodge an official inquiry via our email contact@tranquiliti.com.au within 30 days from the date of invoice. Any enquiries made after this 30 day period will not be accepted due to our freight companies no longer accepting missing order investigations past this designated time period.

  1. DELIVERIES AND FREIGHT CHARGES Tranquiliti applies a FLAT RATE shipping cost per region. This means that a customer will only ever pay ONE shipping fee for any size order. The current rate is $12.70 applied to all regions and areas across Australia for orders under $100. Any order $100 and over will receive free shipping. Tranquiliti reserves the right to alter freight charges at any time. Please continue to read our Term & Conditions for updated freight cost information 6.1 Public holidays - We deliver on the days the courier service is operating. As couriers do not work on public holidays, please be prepared for delays, particularly around Christmas, New Year and Easter 6.2 Tranquiliti will choose with absolute discretion which freight courier to employ for orders 6.3 Delivery can take between 3 – 14 Business days. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the Shipping & Returns page of the website for further information on delivery options and details.

6A. EXPRESS SHIPPING is offered at a flat rate of $18.20. Express delivery times vary per state, and cannot be guaranteed. Express Shipping Orders placed before 12pm will be dispatched the same day, unless placed after 12pm on Friday or a weekend, where the orders will then be dispatched on Monday, or the next business day during public holidays. Please note that we do NOT dispatch orders on weekends. 

6B. LOCAL DELIVERY is offered at checkout if your parcel is to be delivered within 10km from 181 Windsor St, Richmond NSW 2753. The rate is currently $7.50. We will not involve couriers to deliver your parcel. We will personally deliver your parcel within 48 hours (including on weekends but excluding public holidays). It will be left in a safe place or wherever you specify in the delivery notes. If there are delays we will update you.

6C. INTERNATIONAL DELIVERIES Tranquiliti currently delivers interstate only throughout Australia. We are yet to explore international deliveries.

6D. PRE ORDER Some items will be available to pre-purchase prior to product(s) arrival in our business. Pre-Ordered items that are purchased with regular items will be held back and sent as one parcel at the date of arrival of the Pre-Ordered item. Tranquiliti will provide an estimated arrival date of the item, however, this is not a guarantee and can change subject to early deliveries or alternatively delayed deliveries. 

  1. AUTHORITY TO LEAVE Tranquiliti offers customers the option to elect to have their package left at the desired location by a freight company, without a signature being required. Tranquiliti does not recommend this option, however, notes that it is often more convenient for customers to have this available choice. If a customer provides authority to leave their order without a signature, the customer acknowledges and accepts that Tranquiliti is no longer liable for any damage, theft, or unforeseen issues that occur to the package. Tranquiliti will not provide any form of refund for an order that is not received after Authority To Leave is provided. 6.1 If a customer requests a Safe Drop from a courier service, Tranquiliti can no longer be held liable should the order go missing in transit.
7A. CHANGE OF ADDRESS If after placing an order a customer privately contacts the courier service to request a change of delivery address or a redirection, Tranquiliti is no longer liable for the order in the event that the order becomes lost in transit. Tranquiliti recommends that all customers do not seek a change of address for an order already in transit. 
  1. RETURNS  Your satisfaction is our number one priority. If you change your mind after your purchase, we allow a 14-day Return policy, to be provided by reimbursement of payment 8.1 Tranquiliti must be notified of a Return and have authorised the Return, for a Return to be deemed valid 8.2 Return Shipping is at the expense of the customer 8.3 All Return items must be in their original packaging, un-opened, without damage, and therefore in a condition to be re-sold. Any Return that deviates from this definition will not warrant a store credit 8.4 If a Return is lost in transit or damaged, Tranquiliti will not be able to provide a refund for the affected item or order.

8A. GIFT WITH PURCHASE A customer wishing to return any item from an order that has qualified for a Gift With Purchase (GWP) is required to return these GWP items in an unopened, saleable condition. No refund or credit will be processed without these items being received in the return. If the GWP items cannot be returned, a $15 fee will be taken off the refund amount for the returned items. 

  1. STATUTORY CONDITIONS AND WARRANTY/ REFUNDS The Competition and Consumer Act 2010 (Cth) may apply to your purchase, in which case, certain statutory conditions, guarantees and/or warranties which cannot be excluded, restricted or modified will be implied. You may obtain details of these guarantees and/or warranties and your rights by visiting the website of the Australian Competition and Consumer Commission at www.acc.gov.au For claims that cannot by law be excluded or restricted, the liability of Tranquiliti will (at Tranquiliti’s option and to the extent permitted by law) be limited to: (a) in the case of goods: (i) repairing or replacing those goods; or (ii)paying the cost of having those goods repaired or replaced, for a period of up to three (3) months from invoice; and (b) in the case of services: (i)resupplying those or equivalent services; or (ii)paying the cost of having those services resupplied. PLEASE NOTE: Products damaged in transit must be reported to us within 48 hours of receipt so that we may make a claim under our transit insurance and advise whether we will either replace or refund the damaged products.
  1. DISCOUNTS AND PROMOTIONS Tranquiliti offer discount coupons and vouchers at various times. These discounts are limited to one (1) use per customer. Tranquiliti only allows for one (1) discount to be redeemed at any one time. Please note that a customer cannot redeem multiple discounts 10.1 Tranquiliti offers a discount code for subscribing to our email database. This discount can be redeemed once per customer. Attempting to use the code for multiple orders, or under multiple aliases, will render the code void. 10.2 Discount coupons cannot be redeemed on products with promotional pricing. If a product has been priced as a sale item it will be excluded from further discounts. 10.3 Tranquiliti Free Shipping Coupons are only eligible for Australian residential customers. 
  1. RETURN TO SENDER If your order has been sent out and remains unclaimed for two (2) weeks, our courier service returns these orders to Tranquiliti at a cost to Tranquiliti. In such instances, Tranquiliti will not resend any order, unless the customer agrees to pay another shipping fee for its return 11.1 In the event that an order is returned to Tranquiliti due to a customer making an error on their address label, or refusing to accept their order on delivery, Tranquiliti will not resend the order unless the customer agrees to pay another shipping fee for its return. 11.2 Tranquiliti will offer in these instances a refund for the value of the products only, minus a $12.95 return postage and restocking fee. 11.3 If there was a freight discount used to originally purchase the order, a fee of $12.95 will be deducted before any refund is given, to cover the return postage cost and restocking fee. 
  1. ADVERSE REACTION TO A PRODUCT Tranquiliti sells bath & body items. Tranquiliti suggests that all warnings and instructions are adhered to by the user. Some chemicals may cause adverse reactions to individuals, including skin irritations, and allergies. 14.1 If any minor uses any product purchased through the site it should be only after the parent or legal guardian has discussed the product with the minor's doctor. 14.2 Disclaimer: Tranquiliti is not responsible for the ramifications involved if the customer or others (especially young children) consume our products. As amazing as they smell they are not to be eaten. Please keep out of reach from impressionable dependents. 14.3 Most of our products contain nuts (in the form of oils and cosmetic butters). Understand what ingredients are involved before purchasing. If you are allergic to any ingredients listed on the website/product DO NOT purchase or use the product/s. The customer or user of product(s) is responsible for educating themselves of the ingredients our products consist of and if they may cause an allergic reaction prior to use. 14.6 No disease is being treated, diagnosed, or prevented by any of the products sold by Tranquiliti. Licensed healthcare professionals should be consulted if you are currently taking medication, pregnant, lactating, or suffer from diabetes or other chronic health problems. For external use only. Test products on skin in small amounts before applying in full. Avoid contact with the eyes. Should any skin irritation occur with our products, discontinue use immediately. If you have sensitivities to a specific ingredient you should not use that product. As with any bath and body product, if a rash or irritation occurs, discontinue use and check with your Doctor. 

 

D. GENERAL TERMS

  1. LIMITATION OF LIABILITY Nothing in these Terms & Conditions is intended to exclude or modify any warranties or consumer guarantees that cannot be lawfully excluded or modified, or restrict the application of any laws that cannot be lawfully restricted. However, to the fullest permissible extent, Tranquiliti excludes all implied warranties and guarantees, including without limitation, warranties or guarantees that the goods you purchase shall be of merchantable or acceptable quality, or that they will comply with their description or that they shall be fit for purpose. Tranquiliti are not liable to you or anyone else (including, without limitation in negligence or tort, or for breach of contract or of any statute or regulation) for any direct or indirect loss or damage you may incur or suffer (including, without limitation, any form of consequential loss such as, for example, any loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost), however such loss or damage may be caused or arise from your use of the Website or your purchase of any goods through the Website, including without limitation, any loss or damage arising from: (a)any disruptions to this Website; or (b)any interference with or damage to your computer systems.
  2. INTELLECTUAL PROPERTY Tranquiliti reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this agreement gives you a right to use any of our or any third party’s marketing material, business names, trademarks, logos, domain names or other distinctive brand features. You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. As cannot be precluded by law, you may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content, or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services.

  3. WAIVER AND ESTOPPEL If Tranquiliti does not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision or an estoppel of our exercise of our rights in or arising from this agreement. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.

  4. OUR RELATIONSHIP Nothing in these Terms & Conditions creates a partnership, employment relationship or agency relationship between you and Tranquiliti.

  5.  DELAYS Tranquiliti will not be liable for any delay in fulfilling its obligations under these Terms & Conditions, including any delay in dealing with your order and/or delivering your ordered goods, if such delay is due to any cause, event or circumstance outside of Tranquiliti’s control.

  6. UNENFORCEABLE TERMS You agree that if any provision of these Terms & Conditions is held in any jurisdiction to be illegal, void or unenforceable, you will join with Tranquiliti to apply that the provision be, if possible, amended or read down so that it is enforceable and, if this is not possible, then the provision is to be severed and the remainder of these Terms & Conditions are to remain in full force and effect.

  7. LAW AND JURISDICTION These Terms & Conditions and performance thereof are governed by the laws applicable in New South Wales, Australia. The courts of which shall have exclusive jurisdiction to determine any issue or matter arising from these Terms and Conditions and the performance thereof.

  8. SHIPPING: By agreeing to Tranquiliti Terms & Conditions you have agreed that you have read and understood the shipping costs and time frames, which are listed in the Shipping & Returns tab on www.tranquiliti.com.au