Terms and Conditions

TERMS AND CONDITIONS
 
These Terms and Conditions govern the use of www.scrubbyscrubs.com.au. This Site is owned and operated by Scrubby Scrubs. This Site is an e-commerce website.
Any involvement with this site establishes acceptance of the aforesaid Terms and Conditions. Scrubby Scrubs reserves the right to amend these Terms and Conditions at any time, so please be advised to review this section upon revisiting the website.
 
GOVERNING LAW
These Terms and Conditions shall be governed by and construed by the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
Scrubby Scrubs is the business name of Felicity Bailey ABN 53 201 398 419
 
PRIVACY POLICY
At Scrubby Scrubs we respect customers’ privacy and we adhere to the National Privacy Act, for additional information please visit http://www.oaic.gov.au/.

This is our commitment to you. This Privacy Policy explains how Scrubby Scrubs collects, uses, discloses, and safeguards the personal information of users who access or use our website, or products. This Privacy Policy is designed to comply with the privacy laws and regulations applicable in New South Wales, Australia.

1. Collection of Personal Information
We may collect personal information from you when you voluntarily provide it or use this website. The types of personal information we collect may include, but are not limited to:
- Name, address, and contact information (e.g., email address, phone number)
- Payment information (e.g., credit card details, billing address)
- Usernames and passwords
- Purchase history
- Information provided through customer support or communication channels
- Information obtained through the use of cookies and similar technologies (please refer to our Cookie Policy for more details)

2. Use of Personal Information
We may use the personal information we collect for the following purposes:
- To provide and improve our Services
- To process and fulfill your orders
- To communicate with you about your account and transactions
- To respond to your inquiries and provide customer support
- To send you marketing and promotional communications (subject to your consent)
- To personalize your experience and customize the content and advertisements you see
- To detect, investigate, and prevent fraud, security breaches, and other illegal or unauthorized activities
- To comply with applicable laws, regulations, and legal obligations
 
3. Disclosure of Personal Information
We may disclose your personal information to third parties in the following circumstances:
- Service Providers: We may share your personal information with trusted third-party service providers who assist us in operating our business and providing our services.
- Legal Compliance: We may disclose your personal information to comply with applicable laws, regulations, legal processes, or enforceable governmental requests.
- Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your personal information may be transferred as part of the transaction.
- Consent: We may share your personal information with third parties if we have obtained your consent to do so.

4. Data Security
We take reasonable measures to protect your personal information from unauthorised access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

5. Your Rights and Choices
You have certain rights and choices regarding your personal information. These may include the right to access, correct, or delete your personal information and the right to withdraw your consent for certain processing activities. Please contact us using the information provided below to exercise your rights or make any related requests.

6. Third-Party Websites and Services
Our Services may contain links to third-party websites or services that we do not own or control. This Privacy Policy does not apply to those third-party websites or services, and we are not responsible for their privacy practices. We encourage you to review the privacy policies of those third parties before providing any personal information.

7. Changes to the Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will post the revised Privacy Policy on our website, and the revised version will be effective as of the date indicated in the updated Privacy Policy.

8. Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices

This section of our Terms and Conditions explains how Scrubby Scrubs uses cookies and similar technologies when you access or use our website or products. This information is designed to comply with the privacy laws and regulations applicable in New South Wales, Australia.

Cookies and Related Technologies
Cookies are small text files that are placed on your device (computer, smartphone, or tablet) when you visit our website. They may store certain information about your browsing activities and preferences. In addition to cookies, we may also use other similar technologies, such as web beacons, pixels, and tags, to collect information and enhance your experience on our website.

    1. Types of Cookies
We use different types of cookies for various purposes, including but not limited to:
- Essential Cookies: These cookies are necessary for the operation of our website and enable you to navigate and use its features. They are essential for providing the products/services you requested.
- Analytical/Performance Cookies: These cookies help us understand how you interact with our website by collecting information such as pages visited, time spent on each page, and any error messages encountered. This information helps us improve the performance and functionality of our website.
- Functionality Cookies: These cookies allow our website to remember choices you have made (such as your username, language preferences, or region) and provide enhanced, personalised features. They may also be used to provide you with certain functionalities you have requested, such as saving items in your shopping cart.
- Advertising/Targeting Cookies: These cookies are used to deliver advertisements and marketing messages that are relevant to your interests. They may also be used to limit the number of times you see an advertisement and measure the effectiveness of advertising campaigns.

    2. Third-Party Cookies and Technologies
We may allow third-party service providers, such as analytics and advertising partners, to use cookies and similar technologies on our website. These third parties may collect information about your online activities over time and across different websites for various purposes, including analytics, advertising, and personalisation. Please note that we do not have control over the cookies and technologies used by these third parties, and their use is subject to their privacy policies.

    3. Managing Cookies
Most web browsers are set to accept cookies by default. However, you can usually modify your browser settings to decline cookies or prompt you before accepting cookies. Please note that if you choose to disable or reject cookies, some features of our website may not function properly.

    4. Consent
By using our website and accepting our Terms and Conditions, you consent to the use of cookies and related technologies as described in this section.

    5. Changes to the Cookie Policy
We may update this Cookie Policy from time to time to reflect changes in our practices or legal requirements. We will post the revised Cookie Policy on our website, and the revised version will be effective as of the date indicated in the updated Cookie Policy.
Contact Us If you have any questions, concerns, or requests regarding this Cookie Policy or our privacy practices.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
 
INTELLECTUAL PROPERTY
All content published and made available on our Site is the property of Scrubby Scrubs and the Site’s creators. This includes but is not limited to, images, texts, logos, documents, downloadable files, and anything that contributes to the composition of our Site.
 
AGE RESTRICTIONS
The minimum age to use our Site is 18 years old. By using our Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
 
ACCEPTABLE USE
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
-  Harass or mistreat other users of our Site;
-  Violate the rights of other users of our Site;
-  Violate the intellectual property rights of the Site owners or any third party to the Site;
-  Hack into the account of another user of the Site;
-  Act in any way that could be considered fraudulent; or
-  Post any material that may be deemed inappropriate or offensive.
 
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
 
ACCOUNTS
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up-to-date, accurate, and truthful, and you will update your personal information if it changes.
 
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
 
SALES OF GOODS
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Handmade Bath Bombs
- Shower Gel; and
- Body Butter.
 
These Terms and Conditions apply to all the goods displayed on our Site when you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at our own risk.
 
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that you are responsible for monitoring your payment instrument to verify receipt of any refund.
 
PAYMENTS
We accept the following payment methods on our Site:
- Credit Card;
- PayPal;
- Debit; and
- AfterPay
 
When you provide us with your payment information, you authorise our use and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law of these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
 
SHIPPING AND DELIVERY
When you purchase goods from our Site, the goods will be delivered through the following method:
- Domestic Standard Post
- Domestic Express Post
- International Standard Post
- International Express Post
 
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.
You will be required to pay delivery charges in addition to the price of the goods you purchase.
If you purchase goods from us for delivery to a destination outside of Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties and taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties and taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
 
REFUND POLICY
1. Returns: We want our customers to be completely satisfied with their purchases. If you receive a damaged or defective item, please contact our customer support within 7 days of receiving the order. We may request photographic evidence to assess the issue.
2. Refunds: If a refund is approved, we will issue a refund to the original payment method used for the purchase. The refund will include the cost of the item(s) and any applicable taxes. Shipping charges are non-refundable unless the return is due to our error.
3. Return Shipping: In cases where a return or exchange is necessary due to our error or a defective item, we will provide a prepaid shipping label. In other cases, customers are responsible for the cost of return shipping.
4. Condition of Returned Items: Returned items must be in their original, unopened, and unused condition. Any used or damaged items may not be eligible for a refund.
5. Processing Time: Once we receive the returned items, we will inspect them and process the refund within 14 days. Please note that it may take additional time for the refund to appear in your account,  depending on your payment provider.
6. Non-Refundable Items: For hygiene reasons, we cannot accept returns or issue refunds for bath bombs, shower gel, or body butter that have been opened or used unless they are defective.
 
TERMS OF TRADE
1. Ordering Process: Customers can browse and select products from the online store. Once an order is placed and payment is confirmed, we will process and ship the items.
2. Product Availability: We strive to maintain accurate stock levels on the Scrubby Scrubs website. However, in the rare event that an ordered item is out of stock, we will promptly notify the customer and offer a suitable alternative or a refund.
3. Pricing: All prices displayed on our website are in the local currency and are inclusive of applicable taxes unless otherwise stated. We reserve the right to change prices at any time without prior notice.
4. Shipping: We will ship the ordered products to the address provided by the customer during the checkout process. Shipping costs and estimated delivery times will be communicated. Customers are responsible for providing accurate and complete shipping information.
5. Payment: We accept various payment methods, which will be outlined on our website. All payments must be made in full before we process and ship the order.

COMPLIMENTS PROCEDURE
1. Acknowledge and Appreciate: When a customer provides a compliment or positive feedback, acknowledge their message promptly and express gratitude for their kind words. Let them know that their feedback is valuable and appreciated.
2. Customer Testimonials: Seek permission from the customer to use their compliment as a testimonial on Scrubby Scrub's website, social media platforms, and marketing materials.
3. Feedback Loop: Use the compliment as an opportunity to gather more information about what specifically delighted the customer. Ask if they are willing to provide more detailed feedback or participate in surveys to help you understand and replicate positive experiences.
 
COMPLAINTS PROCEDURE
1. Provide Clear Channels: Make it easy for customers to submit complaints by providing clear and accessible channels, via email, phone, live chat, or a dedicated complaints form on my website. Ensure timely responses.
2. Prompt Response: Respond to complaints promptly and acknowledge the customer's concerns. I will voice that their feedback is important, and I am actively working on addressing their issue.
3. Investigate: Thoroughly investigate the complaint, gathering all necessary information and details.
4. Resolve and Communicate: I will work towards resolving the customer's complaint efficiently and effectively. Communicate the proposed resolution to the customer, outlining the steps I will take to address their concerns, including a timeframe for response.
5. Learn and Improve: Treat all complaints as learning opportunities. Analyse the underlying causes of the complaint and identify any patterns or recurring issues. Implement necessary changes in my operations, products, and customer service to prevent similar complaints in the future.
6. Follow-Up: After resolving the complaint, I will follow up with the customer to ensure their satisfaction and to demonstrate that their concerns were taken seriously.
7.  Complaints Database: Create and maintain a record of customer complaints, including details of the issue, actions taken, and outcomes. Analyse this data periodically to identify trends and make continuous improvements to your business operations.
 
 
CONSUMER PROTECTION LAW
Where the Australian Consumer Law. Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under the legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
 
LINKS TO OTHER WEBSITES
Our Site contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to our Site. It is your responsibility to read the Terms and Conditions and Privacy Policies of these third-party websites before using these sites.
 
LIMITATION OF LIABILITY
Scrubby Scrubs and our director, agents, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.
 
INDEMNITY
Except where prohibited by law, by using this Site you indemnify and hold harmless Scrubby Scrubs and our director, agents, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
 
APPLICABLE LAW
These Terms and Conditions are governed by the laws of the State of New South Wales.
 
DISPUTE RESOLUTION
Subject to any exceptions specified in these Terms and Conditions, if you and Scrubby Scrubs are unable to resolve any dispute through informal discussion, then you, and Scrubby Scrubs agree to submit the issue first before a non-binding mediator and to an arbitrator if mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Scrubby Scrubs. The costs of any mediation or arbitration will be shared equally between you and Scrubby Scrubs.
Notwithstanding any other provision in these Terms and Conditions, you and Scrubby Scrubs agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
 
SEVERABILITY
If at any time any of the provisions outlined in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
 
OUR COMMITMENT TO YOU
Scrubby Scrubs will always be transparent with you, and provide you with products that are enchanting for all of your senses and are ethically sourced. You and your skin will always be treated with kindness and respect.
 
TRANSPARENCY
At Scrubby Scrubs, we are striving towards a future where all our packaging is not only recyclable but is sourced purely from 100% recycled materials. We research our products with care so that we may contribute to a more virtuous and cleaner planet. If there is a better way, we will find it and use it.
 
CHANGES
These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
 
CONTACT DETAILS
Please contact us if you have any questions or concerns.
 
Scrubby Scrubs
248a Woronora Road, Engadine, NSW, Australia, 2233
+61 426 544 260
info@scrubbyscrubs.com.au
 
You can also contact us through the feedback form available on our contact us section.
 
Effective date: 15th day of July 2023