Terms & Conditions

Website Terms of Use

Introduction

Thank you for visiting our website (lovelibra.com)

We are Asaleo Personal Care Pty Ltd (ABN 55 005 442 375) and Asaleo Care New Zealand Limited (NZBN 9429035606635) and our head offices are at 30-32 Westall Road, Springvale Victoria and 2nd Floor, 103 Carlton Gore Road, Newmarket Auckland New Zealand.

Your use of our website is on the basis that you accept and abide by these website terms of use.  We ask you to please read these terms of use carefully.  If you do not agree to any of these terms, do not use the website.

From time to time we may change or update these terms of use.  Please check them when you visit the site to see if there are any changes or updates as your use of the site following any updates or changes will be on the basis that you accept and agree to those updates and changes.

We may run competitions and promotions via our website(s) and/or give away free samples. Separate terms and conditions will be posted which apply to those competitions, promotions and free samples.

If one of our websites allows you to purchase products directly from us, there will also be separate online shopping Terms which apply to that purchase, covering things like shipping and returns.  If our website contains links to other third-party webpages to purchase products, your purchase and your use of those websites will be covered by terms between you and the relevant third party operator of those pages.

In these terms we refer to ourselves, as ‘Us’ or ‘Our’ or ‘We’ or ‘Asaleo Care’, depending on the context.

About the information on our websites

We have developed the content of our websites to help you understand more about us and to provide you with information about our brands and our products.  The materials and content on our websites are not comprehensive.  Our content is designed for you to be able to inform yourself, generally about us, our brands, our products and from time to time about promotions or competition we may run.  We have not created the content on our website with your specific needs, objectives or circumstances in mind.  We use reasonable effort to ensure that our content is accurate, current and complete.  But, we don’t represent, warrant or guarantee its accuracy, currency or completeness (to the maximum extent permitted by law).  To the maximum extent permitted by law, you are solely responsible for the consequences of your use of any information or product, including any decision to act or not act based on the Information.

Access and local regulations

Our websites are not directed at any person in any jurisdiction or place where, for any reason, the publication or availability of the website or content is prohibited.  If you are in such a place you must not access or use the website(s).   We don’t represent that the website(s) or the content are appropriate or permitted for use or access in all jurisdictions. If you access the site, you are responsible for this kind of compliance.

Privacy, Cookies and other trackers

We have a Privacy Policy which sets out how we collect, use, disclose and protect your personal information.  By accessing or using our website(s) you agree to the Privacy Policy.  Any personal information you submit or communicate via our website(s) is governed by the Privacy Policy.  You do, however, agree that we may use or disclose information about your demographics and use of our website(s) in a manner that does not reveal your identity.

When you access our website(s), your use may be subject to cookies, beacons, trackers and similar technologies.  Cookies, beacons and trackers are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser.

These kinds of technology allow us to track how you use the site and where you click, as well as things like your device, IP address and browser type.  The data collected is often stored or cached by your browser. We use these kinds of technology to do several things, including enabling our website(s) to work properly. It also allows us to gather data about how our website(s) are used by visitors.  This enables us to customise it and improve its functionality, including things like making your click pathways clearer and easier to follow, or making the website(s) run faster, or remembering you when you return to the website(s). It also means we can improve our marketing and advertising, so it is relevant to you.

Most browsers automatically accept things like cookies, however you can change the settings, so they don’t. If you turn off cookies and trackers, it might stop some functions of our website(s), so you may not be able to access or use everything you would if the cookies were turned on.

Your use of our website(s)

In addition to the content, some parts of our website(s) may be interactive, or allow you to post comments, reviews, or your own content such as images or videos (Material). This also includes our social media sites. The interactive parts of our website(s) and our social channels may be operated by a third party or using their specific technology. When using our website(s), including these interactive parts, as well as any social media channels to post Material, you must abide by any specific forum rules which apply to your membership of that forum (such as Libra Girl House Rules) and you must not:

  1. a) commit or encourage a criminal offence, including promoting violence or hate-crimes;
  2. b) transmit a virus, trojan, worm, or any other material which is technologically harmful, or a breach of confidentiality;
  3. c) transmit any unlawful, threatening, defamatory, obscene, abusive, inflammatory, offensive, or pornographic material or other material that could give rise to any legal liability;
  4. d) hack into the systems or data related to the Site;
  5. e) infringe any persons person’s intellectual property rights (e.g. copyright);
  6. f) use the Site to send spam; or,
  7. g) attempt to affect the performance or functionality of our website(s), or our systems.

You may link to our website(s) in a way that is fair and legal and does not damage our reputation or take advantage of it. You cannot link, frame, refer to, or post Material to, or otherwise use our website(s), or our Products, in a way which incorrectly suggests any form of association, approval or endorsement by us, or in a way which would be misleading or deceptive, or likely to mislead or deceive.

By submitting Material you warrant that you are its sole author; you waive your moral rights (including the right of attribution) in relation to the Material; the Material is not false or misleading; and, it does not infringe any person’s intellectual property rights, or any other applicable laws. We do not recommend that you publicly post your address, email, or contact other information. By submitting Material you grant us (and our affiliates) a royalty-free, unrestricted, world-wide, sub-licensable, perpetual, irrevocable, non-exclusive, transferable licence to use, copy, reproduce, modify, edit, alter, create derivative works from, commercialise, publish, and perform the Material in anyway, in any medium. We may also delete the Material, in our sole

Ownership of content

Copyright and all other intellectual property rights in material contained on this website including the text, graphics, videos, information, designs, data and other content is owned by us unless otherwise indicated.

Using our website(s) doesn’t give you any rights or licences to the content contained on it other than as set out in these terms.  We authorise you to copy, download and/or print the content for non-commercial use only, provided that the content is not edited or modified and retains all copyright and other proprietary notices, including any disclaimer contained in the content.  You may not copy, reproduce, republish, reverse engineer, decompile, distribute, modify, upload or create any derivative works from the website(s) or the content contained on it

All trademarks, logos, images and product and company names referred to in our website(s) are the property of their respective owners.

No Warranty.  No Reliance.  Limits on Liability

We do our best to ensure our website(s) and content is accurate, but we do not guarantee or give any warranty that it is complete, accurate or fully up to date. Each website and its content is provided “as is”.

To the extent permitted by law, we exclude all liability relating to the access to and use of our website. We accept no responsibility for the website or the content.  Further, our website(s) and content may not always operate uninterrupted, or be error- or defect-free. It may not be compatible with your device, internet access type or limits, or browser. We do not warrant that our website or content is free from viruses, worms, Trojans, or similar, or that it will be free from hacks, denial of service attacks; and we are not liable for any damage or losses you might incur as a result of any of these.  We are not responsible for content provided by third parties.

We acknowledge that some jurisdictions do not allow the exclusion of certain implied guarantees and warranties, so some or all of the above exclusions may not apply to you.

Your use of our website(s) and content is at your own risk.  If you don’t accept these terms, or have issues with our website(s) or content, your only remedy is to stop accessing or using our website(s).

To the extent permitted by law, we exclude all liability for any direct, special, indirect, consequential or incidental costs, losses, expenses and damages, exemplary or lost profits, or any other damages of any kind incurred in any way (including negligence), which arises from, any use of, or inability to use, our website(s) or content or any other website linked to our website(s).

Links and Security

Our website(s) may contain links to third party web pages, and in some cases, marketing material from third parties. We don’t control what’s on those pages or in that marketing content. We are not responsible for any of their content, including links or other functionality like e-commerce. If our website(s) contains a link to a third-party web page, it’s not necessarily an endorsement by us of that third party, their page or their products or services.  If you have questions or concerns about those third-party pages or content, you should contact the relevant owner or operator of that page.

Although we will take reasonable steps to protect your security (including by encrypting your personal information using SSL technology so that it cannot be read as it travels across the internet), no information sent over the internet can be 100 percent secure, and we can never guarantee the security of any information you send to us or receive from us via the Internet.

Please be careful and responsible whenever you are using the internet and our website(s) (including by installing appropriate anti-virus software on your own systems) and let us know about any security breach immediately.

Changes

We may terminate, alter, change, update or suspend our website(s) or content for any reason, without notice or liability, including its functionality or technical specs.  These changes might mean you can’t access or use it in the same way, or at all.  We’re not liable for this.

General

If any part of these terms is determined to be invalid by any court having jurisdiction, that invalidity does not affect the validity of the remaining parts, which remain effective.  If we don’t enforce or act on a part of the terms, we aren’t waiving our right to do so later.

These terms are the entire agreement between us about our website(s) and content.  They supersede any prior understanding or agreements (written or oral).

The terms are governed by the laws of Victoria, Australia.  You agree that the Courts of Victoria have exclusive jurisdiction over them.

If you have any questions about these Website Terms (including your privacy rights), you can contact us at:

Email: privacy@asaleocare.com

Post: Asaleo Care Privacy Officer

30-32 Westall Road, Springvale Victoria 3171

Website Shop Term

1. Introduction

This page (together with the documents / links to other information referred to on it) tells you the terms and conditions on which we supply any of the Products listed on our website www.lovelibra.com (Our Site) to you.

Please read these terms and conditions carefully before ordering any Products from Our Site.  By ordering any of our Products from Our Site you agree to be bound by these terms and conditions.  You may wish to print a copy of these terms and conditions for future reference.

2. Information about us

We are Asaleo Personal Care Pty Ltd ABN 55 005 442 375 of 30-32 Westall Road, Springvale, Victoria, 3171 (Asaleo Care) and we operate the website www.lovelibra.com.

3.  You account status and your legal rights

Opening an account

Please note, we do not accept orders from, or deliver to addresses, outside Australia.  If you do not already have an account, you will need to create one on Our Site before placing an order.

You may not set up an account for someone else.  Please ensure that you enter all information carefully when creating an account, you promise to us that all information provided is complete, true and accurate.  You should notify us immediately if you become aware of any actual or potential unauthorised use of your account.

Your status

Your contract for purchases made through Our Site is with Asaleo Care (see our details given above) and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.

You must be eighteen years old or above to place orders on Our Site. If you are under eighteen, you may only place orders in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not place orders on Our Site.

We can only accept orders from within Australia.

Your legal rights

Your purchase of our products will be subject to certain laws including, without limitation, the Australian Consumer Law which provides you with certain rights that cannot be excluded, including that the Products must be of acceptable quality, reasonably fit for the purpose that Asaleo Care represents they will be fit for, and that the Products correspond to the description.  Nothing in these web-shop terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by laws (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

Your personal information & privacy

When you place an order with us, we need to know your name, e-mail address, phone number and address to fulfil your order successfully. We may collect additional information such as your date of birth if you choose to provide this optional information. This information may be used for marketing purposes, if you tick the relevant boxes to agree that you wish to receive marketing material from us.

We may need to collect your full credit card details including CCV number and billing address on other occasions such as when you place a phone order with us.

Your personal information is otherwise handled in accordance with Our Privacy Policy which explains what other uses and disclosure (including overseas) we may make of the personal information we collect about you, how to seek access to and correction of your personal information how to complain and how we deal with complaints.

4.Use of our site

Remember, you must only use Our shop  in accordance with our Website Terms of Use.  Please read those terms carefully as they also apply when you place orders for Products on Our Site.

5.  About our contract with you

Minimum order value

Every Order placed on our website must be for a minimum spend of $15.  This is per Order.  If you don’t wish to spend this amount on our Products in a single order then you cannot buy from Our Site but you can buy our Products instead from one of our retailers.

Creating the contract

After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgment). You will also be able to see orders you have placed with us via your account ‘dashboard’ on Our Site.

Please note that this does not mean that your order has been accepted by us. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us and availability of the Products you have ordered.  We will confirm our acceptance to you by sending you an e-mail that confirms that we have accepted your order (Order Confirmation).

The contract between us (Contract) will only be formed when we send you the Order Confirmation.

The Contract will relate only to those Products we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we have confirmed acceptance of your order for those other Products within a separate ‘Confirmation of your order’.

We may confirm your order in part if not all the Products you have ordered are in stock or available.  If we do this, we will let you know and may confirm your order in installments.

6.  Cancellation

Order cancellations are subject to Asaleo Care’s prior approval.  To cancel your Order, you must email shoplibra@asaleocare.com and provide us with your order number, order date and full details of the order that is being cancelled.

Subscription order cancellations must be processed through Our Site three days before the renewal is due, please see the Subscription FAQ and your account section on our Site for more information on updating, changing or cancelling / suspending your subscription.  3rd party service cancellations will not cancel your subscription.

A handling fee of 15% of the total order or nominate minimum $ value may need to be paid (deducted from the value of the returned products) if you cancel your after an order acceptance is sent.

7.  Availability and Delivery

Availability

We will use our best endeavours to fulfil and dispatch your order within 48 hours of order acceptance.

Shipping

We use Australia Post e-parcel.  Our Site includes a shipping information section which includes information about expected despatch and delivery times.  The delivery periods stated in our shipping information are approximate. Products will be sent to the address given by you in your order. If you are ordering more than one item, your Products may be sent to you in installments if certain items are out of stock.  Your order can be tracked via the Australia Post Tracking number provided in your ‘Order Confirmation email.

It is your responsibility to ensure that the shipping details you provide to us (which are stored in the ‘my account’ section of Our Site) are correct.  Australia Post does not deliver e-parcels to Post Office Boxes.  Your shipping address must be a street address.  Australia Post will leave your ordered Products at your shipping address if it is considered a ‘safe drop’ spot.  Please see our shipping information made available on Our Site for further details on shipping including for subscription orders.

Your order summary will be included with your package.

Your responsibilities

Please note, that the Products will be at your risk from the time of delivery.  Ownership of the Products will pass to you when we receive full payment from you for the Products.

Sample kits

Sample products and kits may be made available from our Site(s) from time to time.  Orders for products and kits can only be made on an individual order basis and are limited to a maximum of four (4) sample Orders per email address over any 12 month period (commencing from the first sample order date).  Please see our shipping information made available on Our Site for further details on shipping of your sample order.

Subscriptions

Delivery date of renewed subscriptions may vary due to bank processing times and Australia Post delivery times.  Please see our shipping information made available on Our Site for further details on shipping for subscription orders.

8.  Price, Pricing Errors and Payment

Price and pricing errors

The price of the Products will be as quoted on Our Site from time to time.  We try hard to ensure that those prices are accurate and up to date. However, Our Site contains many Products and it is always possible that, despite our best efforts, some of the Products listed on Our Site may be incorrectly priced or the promotion calculation incorrectly formulated. If that happens, we are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation.

If there is an error, we may amend the price displayed to correct it. If you have already placed your order before we have corrected the pricing, we will notify you of the error and correction and you may elect to not purchase any Product/s at the corrected price.

GST

Good news is that as of 1 January 2019, GST was removed from the sale of most menstrual products.  This means that the price for our tampons, pads and liners does not include any GST and GST is not payable by you on them.  Any non-feminine care products purchased on our site may be subject to GST.

Payment

Payment for all Products must be made by credit card or debit card accepted by us.  Asaleo Care accepts most major credit cards.  All credit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. If a subscription renewal order payment is refused, we will notify you via email. When you submit an order to us, we will attempt to “authorise” the amount of your order with your bank or credit card provider. If the authorisation is successful the funds will be reserved against your payment card. Only when we despatch the Products will the funds be taken from your account.

9.  Our Returns Policy

Please see our Returns information published on Our Site for further details relating to our returns process.  If you return a product to us because you have cancelled the Contract between us (see clause 6 above), subject to the cancellation being approved by us, we will process the refund due to you as soon as possible.  If you return a Product for any other reason (for instance, because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period. We will usually process the refund due to you as soon as possible. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.  We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. Unexpected Events

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Unexpected Event).  An Unexpected Event includes any act, event, non-happening, omission or accident beyond our reasonable control.

Our performance under any contract is deemed to be suspended for the period that the Unexpected Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Unexpected Event to a close or to find a solution by which our obligations under the contract may be performed despite it.

 

12. Our Liability

The products sold Our Websites are provided for private domestic and consumer use only.

Asaleo Care accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Competition and Consumer Act 2010, or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded. However, where we are permitted by law, we will only:

  • in the case of services, resupply of the services or pay you the cost of resupply; and
  • in the case of goods, replace the goods, supply equivalent goods, repair the goods, pay you for the cost of replacing the goods (or of acquiring equivalent goods), or pay you for the cost of having the goods repaired.

Where we are permitted by law (and subject to the above limitations under law):

  • we do not warrant or represent the suitability of Our Site(s) or a product for any purpose; and
  • we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to Our Site(s) or the Product.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

13.  Breach

If you breach these terms and conditions or if Asaleo Care reasonably believes that you may have breached these terms and conditions and that it is appropriate to exercise one of the remedies in this clause in order to preserve the operation and security of the Site, then without limiting any other remedies available, Asaleo Care may without notice to you take one or more of the following actions:

(a) cancel or limit your access to the Site;

(b) place any restrictions on your use of the Site; and

(c) disclose information about you and your use of the Site for the investigation of any unlawful or harmful activity.

14.  Other Important Terms

Notices

All notices given by you to us must be given to Asaleo Care at:

libra@asaleocare.com

We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above.

Transfer of rights and obligations

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Waiver

If we fail, at any time, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.  A waiver by us of any default will not constitute a waiver of any subsequent default.  No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you.

Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

Varying these terms and conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction

Contracts for the purchase of products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Victoria, Australia. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Effective: 5 August 2019

 

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