About These Terms And Conditions
These Terms and Conditions apply to the online store found at blacklabelessence.com.au.
In these Terms and Conditions “we” and “us” mean The Clemson Family Trust trading as Black Label Essence of 28 Fairway Dr Urraween QLD 4655 QLD 4655 Australia, and “you” means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australian Sales Only
Black Label Essence only sells and ships products within Australia. Black Label Essence is not able make deliveries outside of Australia.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not place orders with Black Label Essence.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Black Label Essence suffer any damage or other losses as a result of a transaction entered into by a minor, Black Label Essence reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Black Label Essence.
Placing Your Order
You may place an order with us by filling in the Order Form on the Black Label EssenceWeb Site and clicking the “Check Out” button.
When you place your order, we will issue you with an Order Number. We will do this by email.
By placing an order with us, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. Information contained on the Black Label Essence website constitutes an invitation to treat.
No information on our website constitutes or should be deemed as an offer by us to supply any products, however Black Label Essence will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. The Clemson Family Trust trading as Black Label Essence and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
Black Label Essence currently accepts credit card orders through its account with Stripe as a payment method for any goods purchased on this site. Black Label Essence also accepts payment through PayPal, as a payment method for any goods purchased on this web site and through direct deposit with our bank.
All payment processing is handled by Stripe or PayPal and all credit card information is collected by Stripe or PayPal. Processing by Stripe or PayPal only takes place after you click the “Submit My Order” button.
Payment for orders placed on a weekend will be processed by Stripe or PayPal immediately but processing of the order will not take place until the next working day. All orders placed with this web site will take a minimum of 7 to 10 working days to reach you.
Business days are Monday to Friday but do not include Queensland public holidays.
For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
Please Note: we cannot accept part-payments, lay-bys or ship COD.
Black Label Essence purchases include GST unless otherwise stated on a Product listing.
Black Label Essence reserves the right to change prices for Products displayed on this web site at any time.
Supply Of Your Order
All items displayed for sale on this web site were in stock at the time you placed your order.
Delivery of Your Order
Delivery time usually takes up to 10 working days from the date your payment is received.
Black Label Essence makes every effort to deliver your order according to the estimated delivery times provided by our carriers (Australia Post). The estimated delivery times are in business days (Monday through Friday) and do not include public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to circumstances beyond our control. If your order has not arrived after 10 to 15 working days have elapsed please contact us.
Unless otherwise indicated by you, we will deliver your order to the address you indicated on your order form. If no-one is available to take delivery of your order, our carrier (Australia Post) will leave a notice advising you on where you can collect your order.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Right title and interest as well as risk of loss to all items in your order will pass to you on delivery.
If it becomes necessary to issue a refund that refund will be made via a credit to your credit card account, by a credit to your PayPal account or a deposit to your bank account.
The method we use for the refund will depend on the payment method you used when placing your order.
Your Rights To Return A Product
No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order. Items returned because they are faulty will be replaced and refund will only be given if we are unable to replace the item that has been returned.
Before you return a product please contact us by email to advise us of the problem that you are experiencing with the product.
Products That Are Broken or Faulty on Arrival
A Black Label Essence product that shows symptoms of a failure, or is discovered to be broken when first taken from its packaging is considered to be not working upon arrival.
A Black Label Essence staff member will provisionally confirm whether the product is not working upon arrival and where a product is provisionally determined as not working on arrival we will arrange to replace the product.
Refunds will only be offered where a replacement product can not be provided.
Where Black Label Essence has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Black Label Essence.
If the product is deemed by Black Label Essence to be working on arrival, Black Label Essence may in its absolute discretion refuse to replace the product or offer you a refund for the product.
When a Product is replaced, your replacement product becomes your property and the returned product that was not working on arrival becomes our property.
When a refund is given, the returned product becomes our property.
Problems With Products After Delivery
If your item is not working when it arrives or you find a defect arises after delivery and a valid claim is received by Black Label Essence within 30 days of delivery, Black Label Essence will exchange the product where possible, or refund you the purchase price of the product. Should you contact us outside the 30 day period Black Label Essence will consider each claim on a case by case basis on its merits.
Where we agree to replace the product or refund you the purchase price of the product, you must first return the defective Product to us. You will be obliged to pay for the return of the product if the item is sent after 30 days from dispatch.
We will make arrangements with you for the return of the product.
The delivery time for replacing the product will be the same as stated for the original product.
Replacement Products are provided with the same Warranty as the returned Product.
Organising the Return of Products That Are Broken or Faulty
Items that do not work on arrival must be returned whenever we agree to replace the product or provide you with a refund.
When a Replacement Product is arranged:
• A replacement for the same product that you ordered will be shipped to you at our expense after we have received your returned product.
• The delivery time for the replacement product will be the same as stated for the original product you ordered.
• Replacement products are provided with the same Limited Warranty as the original product.
When a Refund is arranged:
• Refunds include all shipping and associated costs for the product that was not working on arrival.
• No refund will be given to you until Black Label Essence has received the original item back from you.
• Refunds will be issued by a credit via your credit card account or your PayPal account.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
Your Data – Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Credit Card Fraud
Black Label Essence will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Black Label Essence. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability in Black Label Essence for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Black Label Essence, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Black Label Essence reserves the right to change the Terms and Conditions of sale at any time.
No Black Label Essence employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Black Label Essence shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Black Label Essence, and Black Label Essence shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and shall be subject to the non-exclusive jurisdiction of the courts of Queensland in any way from those laws.