1 Orders and Payment
1.1 In these terms and conditions, “we” means Phiten Australia Pty Ltd, “you” means the purchaser, “our contact address” means our address as stated on our order form or (in the case of internet orders) on the Contact Us page of our website, and an “order in person” means an order made by you in person at our shop or salon.
1.2 We reserve the right to refuse any order made by you. All goods are subject to availability. Where you place an order for goods (other than an order in person), there shall not be a binding contract between us until the time the goods are delivered as indicated in Clause 2.1 below. Emails or letters that simply acknowledge receipt of your order shall not be an acceptance. The fact that you have filled in details or clicked on any button or icon on our web site to indicate you have made an order or have made payment does not constitute a binding contract between us.
1.3 All prices shown are correct at time of print in any catalogue or as shown on our web site and will remain valid until new prices are shown or are issued. All prices are quoted inclusive of GST. You shall pay the price for the goods as stated on our invoice and not as stated in any quotation, estimate or given orally. If the price on our invoice is different to that stated on our catalogue or web site, you may cancel your order and we shall refund to you any payments you have made to us subject to you returning in an unused condition any goods which have already been delivered to you.
1.4 Payment in advance is required unless we expressly agree otherwise. Where so agreed, invoices are due for payment within 28 days of their date. Where you do not make payment by the date shown in an invoice, we can charge you interest from the date payment is due (as shown in the invoice) until the date when you do make payment. The rate of interest will be 3% above the ANZ Bank (SYDNEY) base lending rate in force at the date payment is due. Our right to charge you interest is in addition to other remedies that we have.
1.5 We shall own the goods until we receive payment in full from you, even though the goods may have been already delivered. Where you pay by cheque or card, “payment in full” means the funds have reached our bank account.
1.6 This contract shall be on these terms and conditions only. No terms and conditions contained in any document supplied by you will form part of this contract.
2 Delivery and returns
2.1 We will deliver the goods to you at one of our shops or salons or (subject to clause 2.2) to the delivery address stated in your order. We normally expect to deliver goods within 30 days from the date of order or such other date as we may state, but quoted delivery dates are target dates only. We reserve the right to vary delivery dates and accept no liability for failure to comply with quoted delivery dates.
2.2 Where we are to deliver the goods to you at an address other than our shop or salon, you shall, in addition to the price, be liable to pay the costs of delivery (and, if you require it, insurance). If you require us to arrange delivery and insurance you must confirm this in writing at the time of making the order. Where we agree to arrange for delivery and insurance we will do so as your agent and you shall reimburse to us the full costs of doing so. If expedited delivery is agreed, an extra charge may be made to cover any additional costs incurred.
2.3 We may deliver (and invoice) in instalments.
Non delivery or wrong delivery
2.4 If we do not make delivery within the time period specified in Clause 2.1, or make a delivery of the wrong goods or we deliver an incorrect quantity please let us know as soon as possible. Where the return of goods is involved under this clause, you and we will arrange a suitable method of returning the goods to us and for a replacement to be delivered to you. Where we deliver the goods to one of our shops or salons, we will normally expect you to return any wrong goods to that shop or salon and to receive any replacement goods at that shop or salon.
Where you return any goods, the goods must be returned in “as new” condition and unused, and must be returned with their accessories and with their packaging together with your receipt (or a copy of the receipt). If you do not let us know within a reasonable time about one of the problems indicated in this Clause 2.4, then we may not be required to rectify the problem, because of the nature of the goods we supply. Many of our goods have a finite life; either in terms of the length of time that we offer such goods for sale, or after a certain time the goods are no longer safe to be used, although we will aim to treat each case sympathetically.
Defective or faulty goods
2.5 If the goods we deliver are faulty or defective, please let us know as soon as possible about the fault or defect. On return of the goods, if we find that the item is faulty or defective we will either replace the goods, refund the purchase price or arrange for the goods to be repaired. Except for the fault or defect the goods must be returned in “as new” condition and must be returned with their accessories and with their packaging together with your receipt (or a copy of the receipt). For hygiene and safety reasons we reserve the right to decline to accept the return of certain goods which have been opened and used, and in such case we may not have any liability to you.
Our  day guarantee
2.6 You may return any goods you ordered from us within  days of receiving them. The goods must be returned in “as new” condition and unused and must be returned with their accessories and with their packaging together with your receipt (or a copy of the receipt). You will be normally responsible for the cost of returning goods under this Clause 2.6. For hygiene and safety reasons we will be unable to accept the return of certain goods which have been opened. On receiving the goods we will offer a refund or an exchange. Nothing in this contract affects your statutory rights.
3. Cancellation of distance orders
3.1 If you order goods (other than an order in person), the following provisions will also apply to the contract between us:
(a) You can cancel the contract within 7 days of receipt of the goods.
(b) If you wish to return the goods, they must be returned to us at your cost. You must pay the cost of returning the items.
(c) To cancel the contract you must send us a letter to our contact address. You can send the letter by post, email or facsimile or by personal delivery. If you cancel the contract verbally, you will need to confirm the cancellation in writing and send it to us by one of the means just specified.
3.2 Because of the nature of the goods, once you open and start using them, the right to cancel this contract as provided in Clause 4.1 will no longer be available to you. This is because for certain goods use will mean that the goods will be consumed, and for others there will be hygiene or health reasons that make it impossible for us to re-sell the goods.
4 Limitation of liability
4.1 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever and Phi-ten shall have no liability to pay any compensation other than to refund to you the amount paid by you for the goods.
4.2 You must comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our premises. Importing or exporting certain goods may be prohibited by national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
4.3 We shall not be responsible for any delay or failure in performance caused by circumstances beyond our reasonable control, including without limitation any labour disputes or failure of supplies.
5. Law and jurisdiction Australia law governs the validity, construction and performance of this contract and the parties submit to the exclusive jurisdiction of the Australia courts.