Interpretation & Application
"Seller" shall mean adoretanning.com, BSB Pacific Pty Ltd ATFT BSB Pacific Unit Trust (ABN 11 849 955 274) and its successors and assigns.
"Purchaser" shall mean the Purchaser or any person acting on behalf of and with the authority of the Purchaser.
"Price" shall mean the cost of the goods as agreed between the Seller and the Purchaser.
"Website" shall mean www.adoretanning.com
Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
These Terms & Conditions and Privacy Policy are incorporated into any contract between the Seller and the Purchaser for the supply of goods by the Seller to the Purchaser.
Payment Options
Adoretanning.com accepts payments by valid Credit Cards only - Visa, MaserCard and American Express.
Payments by Cash, Cheque, Money Orders, COD, EFTPOS or Diners Card are currently unavailable.
Shipping Details
For your protection, all shipments require your signature upon delivery.
We do not deliver to PO Boxes. We suggest delivery to a home or business address where someone is available to sign for delivery during business hours. Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers of the delivery address is unattended at the time of delivery.
We do not ship to third party addresses unless that address is known and can be verified.
Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods.
When your order is shipped, you will receive an email confirmation which will include an order number which can be used when enquiring about your order.
Delivery within Australia
Customers can expect to have their correctly completed order delivered within 5 working days, subject to the final destination. A business day is Monday through to Friday, excluding weekends and public holidays.
International Deliveries
Unfortunately at this time we do not ship California Tan and Designer Skin outside Australia. For all other products, please contact us on ecustomerservice@adoretanning.com for shipping costs.
Pre-Orders
Should you wish to utilize the priority pre-order option to purchase New Release products, delivery of your priority pre-order will take place following the individual product launch date.
Late & Damaged Deliveries
We will make every effort and use all reasonable endeavours to deliver your order on time and intact; however some matters are beyond our control. We will not be liable for such delays, lost shipment or transit damage. If you have not received your order within the expected delivery timeframe specified or in a damaged condition, please contact our team at ecustomerservice@adoretanning.com or call 1300 867 826 (Hours Aus EST 9am-5pm)
We hope that you are happy with your purchase, but if you would like to return your purchase for a refund or exchange, please print and complete the exchange/return form so we can process your return efficiently.
If you change your mind
We take great pride in our reputation for quality and if for any reason you are dissatisfied with your purchase, we will assist you with an exchange or refund. However, please select carefully at the time when you place your order as there will be no credit given on order price difference due to price drops.
We stand by our products, if your unhappy with the product or its results we offer a 100% refund of the purchase price. Additional re-delivery freight charges will not apply for replacement items.
Faulty Items
Items will be inspected by our Product Assessments team and if the item is deemed to be faulty due to manufacturing, we will replace or refund the product free of additional freight & re-stocking charges. If the product is deemed not to be faulty, it will not qualify for an exchange or refund under this clause. This section applies only to faulty consumable products, for equipment warranty, see Warranty - Equipment.
Customised Items
We are unable to accept returns or exchange items that have undergone customisation, unless they have been found faulty after detailed examination by our product Assessment team. Please choose your customisation details carefully and retain a copy of your confirmation notice for future reference. If it is found that we have incorrectly customised your item/s contrary to your instructions, specifications and the confirmation notice, we will gladly replace them. We will not accept returns of customised items if prior to, during or after the customisation process.
Returns Process
Items must be returned within 7 days of original dispatch date in its original condition and include all original packaging. This return policy is applicable for change of mind and lack of expertice for use of product, however a restocking fee of 15% (or $15 whichever is greater) of the original purchase price will be deducted. The adoretanning.com exchange/return form must be included with the item when returned. We recommend you utilize registered post as we do not take responsibility for items not received if you attempt to send an item via non-registered post. Please allow 10 working days from the day you return your product for your account to be credited or your exchange product to be re-delivered
Please enclose a copy of your tax invoice, completed exchange/return form and the product in a secure package and mail to:
Adore Tanning Returns
C/- BSB Pacific Pty Ltd
3 Villa Sreet
Heidelberg VIC 3084
Unfortunately, we do not accept returns for products not purchased through our online retail store and vice versa. We cannot exchange product for a range not within our adoretanning.com online product range.
Incorrectly sent orders
Any incorrect, missing or damaged items received must be reported to adoretanning.com within 24 hours of you receiving the delivery, by email only, to ecustomerservice@adoretanning.com.
If item(s) received is not what was ordered, please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by you of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
If you received the order incorrectly, the property in the Goods remain the ole and absolute property of the Seller as full legal and equitable owner until such time as the purchaser accepts the goods as mentioned above.
You will not be charged for re-delivery of items under this clause.
Price
The Seller may, by giving notice to the Purchaser (verbally or otherwise) at any time before delivery, increase the Price of the Goods to reflect any variation from the originally quoted price beyond reasonable control of the Seller.
Time of payment for the Goods is of the essence, therefore payment shall be cleared funds prior to dispatch.
The Price will be increased by the amount of any GST and other taxes and duties which may be applicable, except when expressly included in any quotation given by the Seller.
Purchaser's disclaimer
The purchaser acknowledges that the Seller has not made any warranty or representation, express or implied, in relation to the Goods, including whether they are suitable for a particular purpose, whether such purpose was made known to the seller or not.
Warranty - Equipment
All equipment sold on this website carries 12 months warranty or as prescribed by law which cannot be excluded.
Subject to the conditions of warranty prescribed above, the Seller warrants that if any defect in any workmanship manufactured by the Seller becomes apparent and is reported to the Seller within agreed time at date of purchase, then the Seller will either (at the Seller's sole discretion) repair the defect or replace the workmanship.
The conditions applicable to the warranty given above are, but not limited to:
The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
- Failure on behalf of the Purchaser to properly maintain the equipment; or
- Failure on behalf of the Purchaser to follow any instructions or guidelines provided by the Seller; or
- Any use of any Equipment otherwise that for any application specified by the manufacturer; or
- The continued use of the Equipment after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
- Fair wear and tear, any accident or act of God
The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller's consent.
Once Equipment is deemed to be faulty, within reasonable time, the Seller will provide replacement equipment, whilst faulty equipment is being repaired/exchanged, however, Seller shall not be liable to compensate of the Purchaser for any delay in either replacing or repairing the equipment or in properly assessing the Purchaser's claim
Use of material on the adoretanning.com
You may download material from this website for your personal non-commercial use, provided you do not remove any copyright and trademark notices contained on the material.
You must not modify or copy:
- The layout of the website; and
- any computer software and code contained in the website.
The Seller reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it, vested in it or otherwise. To the full extend permitted by law, the material provided on the website is provided for personal use only and may not be:
- re-sold and/or re-distributed in any material form;
- stored in any storage media; and/or
- re-transmitted in any media;
without the prior written consent of the Seller.
The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
To the fullest extend permitted by law, the parties agree to exclude any terms which would otherwise be implied into these Terms and Conditions by any statute.
Cancellation
The Seller may cancel these Terms and Conditions or cancel delivery of Goods at any time before the Goods are delivered by giving notice to the Purchaser. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
Force Majeure
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Seller, the Seller is unable to perform in whole or in part any obligation under this agreement, the Seller shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the Purchaser in respect of such inability.
Limitation of Liability
Your use of the website is at your own risk. To the extend permitted by law, neither the seller nor any party involved in creating, producing or delivering the website accepts any liability for the accuracy, timeliness or completeness of the information contained on the website, whether or not the seller is aware of such errors or omissions.
The seller will not be liable to the purchaser or any other party for any direct, incidental, consequential, indirect, special, punitive or exemplary damages, including loss of profits, loss of business, interest, goodwill, or loss or corruption of data arising out of or in relation to the supply of goods or use/access to or inability to use/access of this website, even if the Seller know or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort or statute. Further, the Seller does not bear any responsibility for any errors, omissions defamatory, offensive or illegal conduct of any user of the website.
In the event of any breach of these Terms and Conditions by the Seller, including failure or omission on the part of the Seller to comply with its obligations, the remedies of the Purchaser shall be, in aggregate, limited to an amount equal to the Price paid by the Purchaser to the Seller under these terms.
Participation in Interactive portions of the Website
The Website may contain interactive component where you can submit material to the website. Any intellectual property rights in any material submitted to the website becomes and remains the sole property of the Seller.
The Seller may, but is not obliged to, modify any material you submit to the Website, including but not limited to, changes to spelling and grammar. The Seller reserves the right to remove any material for any or no reason. The Seller may also restrict, suspend or terminate your use of the Website if we believe that the purchaser has misused it or breached this Agreement.
The Purchaser warrants that any material provided does not infringe the intellectual property rights or any other rights of any person; is not illegal, fraudulent, sexist, racist, or in breach of any anti-discrimination law; is not misleading or deceptive; is not defamatory; is not obscene, offensive or is in any way unsuitable for people under the age of 18 years; is not or reasonably likely to be classified, but if it were classified pursuant to the classifications set out in the Classification (Publications, Films and Computer Games) Act 1995 (Cth) is not MA15+, X18+, R18+ or RC.
The Purchaser indemnifies and holds the Seller not responsible for any loss arising out of the Seller's use of any material the Purchaser submits to the Website, including, but not limited to, the Purchaser's breach of warranties set out in this clause. Furthermore, the Purchaser warrants that any material they provide is their own personal view.
The Purchaser must disclose any affiliation with a company or organisation in the beauty/tanning industry if the Purchaser submits material to the Website.
General
If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
All Goods supplied by the Seller are subject to the laws of Victoria and the Seller takes no responsibility for changes in the law which affects the Goods supplied, and the parties irrevocably submit generally and unconditionally to the jurisdiction of the Courts and Tribunals of Victoria.
The Seller reserves the right to modify the design of its products and make other minor technical alterations prior to delivery.
The Seller may license or sub-contract all or any part of its rights and obligations without the Purchaser's consent.
Privacy Policy
BSB Pacific Pty Ltd ATFT BSB Pacific Unit Trust (ABN 11 849 955 274) T/a adoretanning.com understands that privacy is important to you and is committed to adopting the highest standards to safeguard your personal information. BSB Pacific Pty Ltd, like other companies operating in Australia, is bound by the National Privacy Principles as set out in the Privacy Act 1988 (Cth) and the Privacy Amendment (Private Sector) Act 2000.
This Privacy Policy ("Policy") describes how we collect and use information related to this Site. This Policy does not apply to the practices of companies that we do not own or control, to persons we do not employ, or to Web sites we do not own or operate.
By accessing, browsing, or using this site, you acknowledge that you have read, understood, and accepted the practices described in this Policy. Please read this Policy carefully and be aware that we may change it from time to time. You should check this page from regularly to ensure that you are aware with any changes.
What Personal Information does BSB Pacific Pty Ltd collect and why?
We collect the domain names of visitors to this site to measure the number of visits, pages visited, and average time spent on the site. The type of personal information we collect may include your name, address, telephone number, e-mail addresses and other contact information you provide when you send us e-mail messages, complete a registration form or other submission form, or request or buy goods, services or other information from us.
The personal information you provide on this website may be used for a number of purposes connected with our business operations, including providing you with the goods or information request. When visitors specifically request information from BSB Pacific Pty Ltd through the site or buy goods or services from us through the site, we may use your information to provide you with information reports as well as information about goods and services offered by BSB Pacific Pty Ltd. To stop receiving general e-mails or communications from BSB Pacific Pty Ltd, simply let us know in a reply to any e-mail we send you.
How we use cookies?
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
If you are a registered Site user ("User"), we use cookies to keep track of who you are so you don't have to enter your user ID every time you visit. Through collected clickstream data, including cookies, we may also analyse Users' Site history. We also use information related to site pages you visit and other information you provide to us to contact you through e-mail to send you information about our product/service offerings that may be of interest to you.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our site may contain links to enable you to visit other sites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other site. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
We provide links to other sites as a convenience to you and the existence of a link to another site does not imply any endorsement of the linked site by Adore Tanning, and therefore not responsible for the material contained on those linked sites.
Controlling your personal information
BSB Pacific Pty Ltd is not in the business of selling personally identifiable information to others. BSB Pacific Pty Ltd may, however, share or disclose information you provide us to other companies and people under the following circumstances:
Agents and Service Providers
We may from time to time employ or contract with other companies and individuals to perform functions on our behalf. They have access to only such information about users as is needed to perform their functions, but may not use any of this information for other purposes.
Business Transfers
As we continue to develop our business, we might sell or buy assets. In such transactions, customer and user information generally is one of the transferred business assets. If any BSB Pacific Pty Ltd assets were acquired, user information would be one of the transferred assets. We do not offer for sale personally identifiable information other than in connection with business-related transfers.
Legal Matters
BSB Pacific Pty Ltd has the right to disclose any personal information about you or your use of the site, or an other information that you submit on the site without your prior consent if BSB Pacific Pty Ltd has a belief in good faith that such action is necessary to protect and defend the right, property, or safety of BSB Pacific Pty Ltd or its affiliates, customers, suppliers, other users of this site, or the public; or respond to claims that any content violates the rights of third parties.
We may also disclose information as we deem necessary to satisfy and applicable law, regulation, legal process or governmental request.
Your Instructions; We may share any information you submit on or to the site when we have your consent to do so or when we need to share it to provide the information or service you have requested.
Marketing & Promotional Purposes
BSB Pacific Pty Ltd may collect personally identifiable information and may disclose this information to third parties for marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you.
Security
We place a high priority on the security of visitor and user information. Our site is secured by Thawte SSL Web Server Certificate, therefore offering a very high level of encryption for security. Therefore communications between your browser and this site's web servers are private and secure.
We maintain the site and all associated data with technical, administrative, and physical safeguards to protect against loss, unauthorised access, destruction, misuse, modification and improper disclosure. The information you enter on the site, including registration information are stored securely by BSB Pacific Pty Ltd on our data servers. However, bear in mind, no computer system or information can ever be fully protected against every possible hazard. BSB Pacific Pty Ltd is committed to providing reasonable and appropriate security controls to protect this site and its information against foreseeable hazards.
Storage of and Access to Information
All information that you submit through this site is collected, stored and processed in Australia.
You may request details of personal information which we hold about you. A small fee will be payable. If you would like a copy of the information held on you please email us at ecustomerservice@adoretanning.com. If you believe that any information we are holding is incorrect or incomplete, you may review, correct, update or delete the information that we maintain about you at any time by e-mail notification to ecustomerservice@adoretanning.com. We may retain such information for a period in our backup systems as a precaution against system failures.
We may retain some information for longer periods as required by law, contract, or auditing requirements.
Contact
If you have any questions or concerns about this Policy, please e-mail us at ecustomerservice@adoretanning.com
By using this website, you consent to the collection, use and transfer of your personal information as described in this Policy.