OVERVIEW

Welcome to Santa Maria Novella Australia. Smart Legal Services Pty Ltd ABN 68 116 871 795 trading as Agence de Parfum  (“ADP”) is the exclusive online retailer and distributor of Santa Maria Novella products in Australia and New Zealand. 

Santa Maria Novella products are manufactured and produced by Officina Profumo-Farmaceutica di Santa Maria Novella S.p.A., an Italian company (“SMN”).

SMN owns and operates the website known as buy.smnovella.com.au (“Website”). ADP and SMN (jointly referred to as ““we”, “us” and “our”) are both co-administrators of the Website.

ACCEPTANCE OF TERMS AND CONDITIONS

By using this Website, and in consideration of us providing you with access to this Website, you agree to the following terms and conditions, which, together with any terms, notices or policies referenced here, (collectively referred to as “Terms”) govern your access to and use of this Website and any services provided in connection with this Website. Please read these Terms carefully before accessing or using our Website. 

If you do not agree to all the Terms, then you may not access the Website or use any services. 

 

REVIEW OF TERMS

 

The Agreement is subject to change from time to time without notice. Each order or transaction will be governed by the Agreement in force upon the date of that transaction.

 

Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable Customer Policies, including their dates, to understand the Agreement that applies to your purchases through the site.

 

Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. ADP reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

DELIVERY

Deliveries can only be made within Australia. Not all of our delivery options are available to all areas of Australia.

We will deliver the merchandise in accordance with the information you provide in the shipping section. Please view our shipping section for full details. Whenever referred to, working days exclude Saturday, Sunday and Public Holidays. Orders to one address may be delivered in one or more deliveries however you will only incur one delivery charge. If you have specified delivery to more than one address when placing your order there is a separate charge for each destination address. Any delivery timescales are indicative only. Time is not of the essence.

Upon delivery of the merchandise to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and address any intended cancellation to the correct addressee or to return or exchange your merchandise. For further information please see the returns and the cancellation right sections within these terms and conditions.

 

PRODUCTS & ORDERS

The products made available on the site, including any samples ADP may provide to you, are for personal use only. You may not sell or resell any products you purchase or otherwise receive from ADP.

All orders placed are an offer of purchase and are subject to acceptance by ADP. If an order is not accepted a full refund will occur at the earliest possible convenience. ADP reserves the right to refuse an offer for any reason.

Without limiting the above, ADP reserves the right to refuse or reduce the quantity of any orders that it reasonably believes are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by ADP in its sole discretion. As part of ADP’s order processing procedures, ADP will screen all received orders for fraud or other types of unauthorised or illegal activity. Without limiting the above, ADP reserves the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If fraud or unauthorised or illegal activity is suspected, ADP may reject your order or its customer service department may call you at the phone number you provided (or use your email address) to confirm your order. ADP also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.

Given the popularity of our products, except where prohibited by law, ADP may limit the number of products available for purchase by any one customer, including without limitation so that as many customers as possible may enjoy products supplied by ADP.

In the event of the requested products being unavailable ADP may cancel the transaction and effect a full refund.

 

 

PRICES & PAYMENT

All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when the customer’s order was validated.

Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order.  The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order.  Failing this, ADP reserves the right to cancel the sale according. ADP is under no obligation to ship any goods ordered until payment for those goods has been received. In the case of payment by cheque, this would mean the clearing of funds represented by the cheque.

 

USE OF PRODUCTS

 

Upon purchase of products, the buyer agrees to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use. Questions as to use can be directed to ADP via admin@agencedeparfum.com.au.

You should always check the ingredients for products to avoid potential allergic reactions.

If any minor uses any product purchased through the site it should be only after the parent or legal guardian has discussed the product with the minor's doctor.

 

REFUNDS

ADP does not offer refunds for ‘change of mind’ (i.e. if you decided you did not like the purchase or if you had no use for it) or under any other circumstances where the product is not faulty or defective.

If you believe you have received a faulty or defective product from us, please contact us at admin@agencedeparfum.com.au to notify us within 7 days of delivery. If in our reasonable opinion and based on your description to us the product appears be faulty or defective, we will request for you to return the product to us and we will inspect the product. If we agree that the product has a major fault (other than through abnormal use), we will contact you and you may choose to either receive a refund or to have the product replaced. If we agree that the product has a minor fault (other than through abnormal use) we may elect to repair the product for you within a reasonable period of time or to offer you a replacement (at our discretion). In both cases where we agree that the product is faulty, we will reimburse you for any reasonable postage costs incurred by you to return the product to us.

Unfortunately, we cannot provide a refund or replacement of the product where the product has sustained damage due to abnormal use. 

LIMITATION OF LIABILITY

 

To the full extent permitted by law, ADP makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by ADP.

Where legislation implies into this agreement any condition or warranty that cannot be restricted or modified, ADP’s liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the option of ADP, one or more of the following: (a) replacement of the products, the repair of the products, or the supply of equivalent products; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.

This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.

 

BREACH AND TERMINATION

 

If, in our reasonable opinion, you breach any provision of the Agreement ADP may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate the Agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

 

CONCLUSION OF TRANSACTION

 

The agreement for sale is concluded only when goods are handled over to the designated carrier.

 

 

APPLICABLE LAW AND JURISDICTION

 

All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of Victoria. By purchasing products through this site you submit to the jurisdiction of the courts of New South Wales and Australia and agree that any legal action will only be commenced in these forums.

 

GENERAL

 

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and ADP’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

 

INTELLECTUAL PROPERTY

 

All content on this site, including without limitation text, icons and graphics are the property of ADP or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer any intellectual property rights.

 

ADVICE AND INFORMATION

 

The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.

The statements made about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.

Use of the site is not meant to serve as a substitute for professional medical advice. The site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. ADP does not give or intend to give any answers to medical related questions. No prescription medications or medical treatments are intentionally provided on the site.

While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free.  We take no responsibility for any loss or damage arising from use of information or reliance on advice.

While ADP has tried to accurately display the colours of products, the actual colours you see will depend on your device, ambient lighting and other factors beyond ADP’s reasonable control, and may not accurately reflect the colour of the product.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply

 

LIMITATION OF LIABILITY

 

You agree that, to the fullest extent permitted by law, ADP will not be reasonable or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.

You agree to defend, indemnify and hold harmless ADP (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the site; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the site.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

 

BREACH AND TERMINATION

 

If, in ADP’s reasonable opinion, you have breached any provision of this agreement ADP may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate this agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

 

LINKS TO OTHER SITES

 

ADP maintains links to other websites but makes no representations as to the accuracy of the material therein, and is not responsible for the content and conduct of these sites. Further, where users or ADP personnel link other websites on our site or on our social media pages does not mean that ADP endorses them or takes any responsibility for the accuracy of the content on those sites.

 

 

INTERFERENCE WITH THE SITE

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on the site.

 

REVIEWS AND COMMENTS

 

Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give ADP permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit ADP to publish your first name and State or Town in association with any Content provided by you.

 

By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise ADP to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.

 

You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any ADP personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.

 

ADP reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.

 

User reviews of products in no way represent the views or opinions of ADP or its owners, shareholders, employees or others, but are the sole product of its creator. ADP disclaims all liability with respect to the Content.

 

SOCIAL MEDIA

 

Our general policy is not to delete your comments on ADP’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or ADP personnel; (c) if you flood our feed, making it difficult for others to get a word in; (d) if you post information that may endanger your privacy; (e) if your post is off topic.

 

While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.

 

GENERAL

 

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and ADP’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.