By visiting and/or using the www.hunterlab.com.au website and its associated services and functions (“Website”) you agree to be bound by (“agreement”).
This agreement is formed between anyone who visits this Website (“you” and “your”) and Number E Pty Ltd ACN 165 492 419 trading as Hunter Lab (“we”, “us” and “our”).
If you do not agree to any provisions of this agreement, you must not use the Website.
We reserve the right to make changes to this agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of those changes, you agree to be bound by the changes. You should check our agreement and policies from time to time, especially when ordering products, to acquaint yourself with the current versions of those documents.
In order to make purchases and access some features of the Website, you may need to be a registered member.
You may not use another member’s account without their permission.
When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
If and to the extent we consider necessary, including if you make or seek to make purchases of a high value, you authorise us to perform credit checks, to transmit or obtain information about you from third parties, including credit providers, to authenticate your identity and/or to authorise individual transactions.
The promotion and listing of a product on the Website does not constitute an offer to sell or guarantee the availability of products. It is an invitation to treat only.
Orders placed by you are offers to purchase under the terms and conditions in this agreement and our other 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, an error in the price or product description, or an error in your order.
You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. Once your order has been accepted, you will receive an order confirmation via email. Please check this confirmation carefully.
Payment must be effected in the manner described on the Website and must be received in full prior to dispatch of product by us. Title in the goods does not pass to you until payment has been received. There may be additional charges imposed by your credit card provider where your purchase involves foreign exchange transactions.
If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before dispatching products.
Risk of loss or damage to the goods passes to you upon dispatch.
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
If available you may purchase gift vouchers for yourself or for a third party. We may also send promotional vouchers from time to time. Gift and promotional vouchers may be emailed by us and it is your responsibility to ensure that you have provided the correct email address, whether it be for you or for a gift recipient. We do not accept responsibility for loss or failure of transmission due to your provision of incorrect email addresses.
Promotional coupons, vouchers and gift certificates may be used as payment for products listed on the Website. Gift vouchers and promotional coupons may be allocated an expiry date, after which time they will be unable to be redeemed.
You may purchase a product using partly voucher, coupon or gift certificate credits and the balance of the purchase price using other accepted payment methods if there are insufficient credits to cover the cost of your order.
If we reasonably believe that fraud or deception or other suspicious activity occurs in connection with the actual or attempted transfer or redemption of vouchers or coupon, we may prevent you from accessing your account, require alternative means of payment or take such other action as we deem appropriate.
Prices are current at time of display but are subject to change. Pricing information including tax, duty and shipping charges, which are calculated for your shipping destination, is available on the Website and will be displayed on the order summary page.
Delivery charges will depend on the products ordered and the delivery location. These will be calculated and you will be advised of their amount before you finalise and submit your order.
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.
While we insure each purchase during the time it is in transit from us to your delivery address, to the extent permissible and except as set out hereunder, we disclaim liability for loss, damage or theft of items once they are dispatched by us. We suggest that you insure your items. We also strongly recommend that you have your products shipped to a business address.
We do not allow personal pick up of products.
Products purchased at a discounted or sale price can only be returned if defective or if otherwise required by law.
You can return any full priced product within 30 days of purchase if the item is unopened, unused, in as new and saleable condition, provided that you have arranged this in advance with us. To arrange a return, please email [email protected] You must not attempt to return any products before having first arranged a return with us. Where we accept such returns, you agree to follow any directions regarding postage and packaging in relation to the item in question.
Where your product arrives damaged through delivery, please notify us within 14 days of receipt. We may require you to provide us with photographs of the damage for our further assessment. We will liaise with you to discuss the return process for damage that we believe was caused during delivery.
Where you claim a product is defective, unless the law requires us to do otherwise in the circumstances, we will at our election arrange a replacement, give you a store credit for the purchase price of give you a refund, provided that you notify us at [email protected] of a defective product within 30 days of receipt.
We will be under no obligation to replace products or provide a refund where the product has become of unacceptable quality due to circumstances such as misuse, failure to use in accordance with reasonable instructions, using the product in an abnormal way or failing to reasonably care for the products.
9. Packaging and Labelling of Products
We endeavour to depict products available for purchase using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
We reserve the right to notify you if a product that you have ordered becomes unavailable. In the event that you order a product from the Website and we later inform you that we no longer stock the product you had originally ordered, we may at our election give you a refund or a store credit for the purchase price.
11. Links to third party websites and promotions
The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there.
“Hunter Lab”, including any logo version of that trade mark, is our trade mark or used exclusively under licence and may not be used by you without our prior written consent.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) (“User Content”) for inclusion on the Website or for inclusion in or reproduction on any product, you grant us a royalty-free licence to use and reproduce that content on the Website or product as the case may be. We shall not be obliged to use, display or retain any User Content so supplied on the Website. You warrant that all such User Content will not infringe any third party’s intellectual property or other rights.
By making an on-line purchase or setting up an account you accept these terms and conditions and acknowledge that:
• you are entering into a legal contract with us; and
• if you are a company, you are authorised to bind the company to the terms of this agreement;
We reserve the right to change (including to alter, remove or add functionality) the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the Website to you or to visitors or members generally, at our reasonable discretion and without prior notice to you. This will not affect any concluded purchases that you have made. We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this agreement or any other of our terms and conditions by you.
We do not warrant that the Website will be provided without fault or disruption. To the extent permitted at law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
• errors, mistakes or inaccuracies on the Website;
• you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
• personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
• any interruption or cessation of transmission to or from our Website;
• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
• failures or deficiencies in relation to the merchantability or fitness for any purpose of any product appearing on any linked sites not operated by us or our related entities.
Except if and to the extent only required by law or as otherwise set out in this agreement, we do not warrant, endorse, guarantee or assume responsibility for any product advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products.
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is www.hunterlab.com.au with no characters before or after “www.hunterlab.com.au”.
Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
You agree to use the Website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not 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 or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
If any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this agreement so that this agreement shall remain in full force and effect.
This Website is administered and operated from Australia. Although this Website may be accessible worldwide, not all features or products noted, provided or offered through or on this Website are available to all persons or in all geographic locations, or are appropriate or available for use outside of Australia and we reserve the right to limit the provision and/or quantity of any feature or product to any person or geographic area accordingly.
Any offer for any features or products made on this Website are void where prohibited.
If you access this Website from outside of Australia, you are solely responsible for complying with applicable local laws.
If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
Last update: June 2018