Terms of service

Terms and Conditions of Sale

These Terms and Conditions constitute a legally binding agreement between the customer (you) and Shower Essence (ACN 681 3000 69) and apply to the ordering, purchase, fulfilment and delivery of goods (Goods) from showeressence.com.au (Agreement). Placing an order for Goods from Shower Essence will be taken as your acceptance of this Agreement, including the Terms and Conditions of Sale set out below.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

A. Definitions

1. In these Terms and Conditions:

a) account means a personal account created by you on showeressence.com.au

b) delivery charge is the cost of delivery as specified in the order

c) Website means showeressence.com.au

d) Order means an order for Goods placed on the Website

B. Your rights under the Australian Consumer Law

2. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Shower Essence guarantees that the Goods are of acceptable quality, reasonably fit for the purpose that the Goods are designed for, and that the Goods will correspond with any relevant description.

3. The Australian Consumer Law entitles you to a replacement or refund of the Goods within a reasonable timeframe where it does not meet the guarantee.

4. See section the Return Policy which is to taken to be part of the Agreement.

C. Pricing and taxes

5. Prices for Goods are as shown on the Website.

6. Shower Essence reserves the right to change the prices of the Goods at any time without notice to you. Subject to the Terms and Conditions set out at section G below, the price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Shower Essence.

7. In addition to paying the price of the Goods, you will also need to pay the listed Delivery Charge to complete the purchase. The Delivery Charge will be waived if the total value of Goods purchased exceeds $99.00 AUD.

8. Any applicable Delivery Charge will appear in your shopping cart.

9. Shower Essence reserves the right to change the Delivery Charge at any time without notice to you. The Delivery Charge displayed at the time that you place your Order will continue to apply to you even if the Delivery Charge before your Order is accepted by Shower Essence.

10. By placing an Order you agree to pay the price for the Goods and any applicable Delivery Charge.

11. All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.

D. Account on the Shower Essence Website

12. If you do not already have an Account you will need to create one before placing an Order on the Website, unless you complete the Order as a guest on the Website.

13. You may not set up an Account for someone else.

14. You are responsible for ensuring the accuracy of all information entered when creating an Account. You warrant to Shower Essence that all information provided by you in relation to your Account is complete, true and accurate.

15. You must notify Shower Essence immediately if you become aware of any actual or potential unauthorised use of your Account.

16. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Shower Essence will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Account which takes place before you notify Shower Essence.

17. If Shower Essence suffers any loss, damage, cost or expense as a result of any unauthorised use of your Account which takes place before you notify Shower Essence, then you agree to pay Shower Essence the amount of that loss, damage, cost or expense as directed by Shower Essence.

E. Orders

18. You can place an Order by following the instructions on the Shower Essence Website.

19. An Order submitted by you is an offer by you to purchase the Goods at the price plus the Delivery Charge as shown at the time of submitting your Order. Shower Essence may accept or reject your offer in its absolute discretion. In particular, but without limitation, Shower Essence may reject Orders for commercial quantities of Goods.

20. Each Order that you place will, if accepted by Shower Essence, be a separate and binding agreement between you and Shower Essence with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

21. If you place an Order for someone else to receive the Goods, you must obtain their consent before providing Shower Essence with their personal information and, by placing an Order, you confirm to Shower Essence that you have done this.

22. Please ensure that you enter all information carefully when placing an Order. You warrant to Shower Essence that all information provided by you in relation to each Order is complete, true and accurate.

23. Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Shower Essence. Shower Essence will use reasonable endeavours to change the Order if it has not already been shipped but makes no representation that it will be able to do this.

24. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Shower Essence will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Shower Essence.

25. Where you place separate Orders, the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. Shower Essence cannot consolidate separate Orders into one delivery.

26. Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example where the Goods have different availability statuses.

27. You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

28. By placing an Order, you agree to use the Goods only for their intended purpose. If you use the Goods for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.

29. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

30. Shower Essence will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in above or arising out of or in connection with you accessing the Website.

F. Completion of Order

31. You will receive an Order reference number via email when you submit an Order on the Website.

32. Shower Essence will process payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by Shower Essence when Shower Essence does this, however, Shower Essence may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Shower Essence cancels your Order having already processed payment, it will refund payment in accordance with the refund policy.

33. Acceptance of the Order by Shower Essence shall be taken as an agreement to supply the Goods to you as per the Order, in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

34. You must pay for Goods by credit card, certain prepaid payment cards, debit card, Apple Pay, PayPal account or Stripe account. If the name on the credit card/payment card/account does not match the name on the Order, Shower Essence may refuse to accept your Order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card, payment card or selecting one of the other available payment methods, you authorise Shower Essence to deduct the price and the applicable Delivery Charge from such card or payment methods.

35. Shower Essence reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

36. Shower Essence may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; or (c) because your payment card has expired. Where this is the case, Shower Essence reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

37. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be cancelled.

G. Cancellation of Orders

38. Shower Essence reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Shower Essence may do this for example, but without limitation, where:

(a) stock of the Goods have ran out;

(b) an event beyond the control of Shower Essence, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure of computer systems, means that Shower Essence is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask Shower Essence to cancel your Order in accordance with these Terms and Conditions.

39. You may cancel your Order where Shower Essence:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside the control of Shower Essence, including the situations set out above.

40. Shower Essence will notify you by email if your Order is cancelled after being accepted.

41. In the event that an Order is cancelled after payment has been processed, Shower Essence will refund any money paid in respect of that Order.

42. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Shower Essence will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order.

H. Availability of Goods

43. Shower Essence cannot guarantee availability of Goods at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Shower Essence reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you.

I. Delivery

44. Goods will be delivered by Australia Post only using its Parcel Post service.

45. Goods can only be delivered to addresses within Australia.

46. You may provide delivery instructions as part of the Order. However, Shower Essence will not be liable for any deviation from those instructions whether through its own fault or through the fault of Australia Post.

47. Shower Essence reserves the right to change the Delivery Charge without notice to you. In the event that the Delivery Charge is changed after you place your Order, Shower Essence will notify you of the same and give you an opportunity to cancel the Order.

48. Where requested, Shower Essence will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Shower Essence will call you to arrange an alternative delivery address.

49. Following dispatch of your Goods, either Shower Essence will email you with confirmation of dispatch and an invoice for your Order.

50. Signature may be required upon delivery as proof of same.

51. If you are not available to take delivery, then Australia Post or Shower Essence may:

(a) obtain from you an ‘authority to leave’ the Goods at a place that you believe is safe at, or outside, the delivery address; or

(b) redeliver your Goods to your delivery address at a later time or date; or

(d) have the Goods returned to Shower Essence.

52. Successful delivery will be effected when you physically receive the Goods, when the Goods are left at a place as set out in the delivery instructions, when the Goods are placed outside the delivery address or when the Goods are placed in a mail box, PO Box or Parcel Locker. Risk and title in Goods pass to you at this time and you will bear the risk of any loss or theft of the Goods.

53. If the Goods are returned to Shower Essence because successful delivery could not be effected, you agree to pay an additional Delivery Charge for delivery of the Goods again.

54. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Shower Essence will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Shower Essence leaving the Goods in accordance with your delivery instruction.

55. If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Shower Essence will use reasonable endeavours to redirect the Goods to your requested address and may charge you a reasonable fee for doing this.

56. An estimated delivery time will be provided when you place an Order for Goods. Shower Essence will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time. The estimated delivery time is only approximate and not intended to be a guaranteed delivery time for your Order.

57. You accept that delays may occur during busy sale periods and holiday periods.

J. Refunds

58. Where you are entitled to a refund by operation of the law, Shower Essence aims to initiate your refund to your original payment method within five business days. However, that timeframe may be affected by delays caused by your financial institution or other payment provider.

59. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Shower Essence will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you.

K. Privacy

60. Personal information and delivery address information provided in the Order process will not be released to other parties unless required by operation of the law or to contact any financial institution or non-bank financial institution to complete payment for the Order.

L. Disclaimer and Liability

61. Shower Essence makes no medical or therapeutic claims by the Website, and diagnosis or treatment of any condition is not intended. Any reference to any health benefit cannot be taken as a replacement for medical advice or prescription medication.

62. You agree not to use the Goods as a substitute for medical care, and will consult a qualified medical practitioner for any medical advice or treatment.

63. Due to our current packing facilities and those of our suppliers, we do not guarantee that the Goods have not come into contact with, or contain traces of other products that are, or contain allergens, including but not limited to nuts, soy, dairy, egg, bee products.

64. In completing an Order, you acknowledge that you have reviewed the Goods, including its effects, constituents and ingredients, and accept the risk that use of the Goods may cause an adverse reaction, including but not limited to sensitivity, allergic reaction, asthma and anaphylaxis. you accept that shower essence is not liable for any medical costs or injuries arising from use of the goods.

65. Except as expressly stated herein, Shower Essence makes no representations or warranties, either express or implied, of any kind with respect to Goods sold on the Website. Except as required by the Australian Consumer Law, Shower Essence expressly disclaims all warranties, express or implied, of any kind with respect to Goods sold on this Website.

66. You agree that the sole and exclusive maximum liability to Shower Essence arising from any Goods on the Website shall be the price of Order. In no event shall Shower Essence, employees, agents and representatives be liable for any injury, physical harm, loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

M. General

67. Shower Essence reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

68. This Agreement, including its Terms and Conditions, shall be governed by the laws of Victoria, Australia.

69. Any provision in this Agreement which is invalid or unenforceable in the state of Victoria shall read down where possible to ensure its validity and enforcement, but otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this Agreement.