TERMS & CONDITIONS

ABOUT THE WEBSITE

WELCOME TO WWW.CYGNETPERFUMERY.COM.AU (THE ‘WEBSITE ‘). THE WEBSITE PROVIDES YOU WITH AN OPPORTUNITY TO BROWSE AND PURCHASE VARIOUS PRODUCTS THAT HAVE BEEN LISTED FOR SALE THROUGH THE WEBSITE (THE ‘PRODUCTS ‘). THE WEBSITE PROVIDES THIS SERVICE BY WAY OF GRANTING YOU ACCESS TO THE CONTENT ON THE WEBSITE (THE ‘PURCHASE SERVICES ‘).

THE WEBSITE IS OPERATED BY CYGNET PERFUMERY (ABN 25827949845). ACCESS TO AND USE OF THE WEBSITE, OR ANY OF ITS ASSOCIATED PRODUCTS OR SERVICES, IS    PROVIDED BY CYGNET PERFUMERY. PLEASE READ THESE TERMS AND CONDITIONS (THE ‘TERMS ‘) CAREFULLY. BY USING, BROWSING AND/OR READING THE WEBSITE, THIS SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, YOU MUST CEASE USAGE OF THE WEBSITE, OR ANY OF it’s SERVICES, IMMEDIATELY.

CYGNET PERFUMERY RESERVES THE RIGHT TO REVIEW AND CHANGE ANY OF THE TERMS BY UPDATING THIS PAGE AT ITS SOLE DISCRETiON. WHEN CYGNET PERFUMERY UPDATES THE TERMS, IT WILL USE REASONABLE ENDEAVOURS TO PROVIDE YOU WITH NOTICE OF UPDATES   TO THE TERMS. ANY CHANGES TO THE TERMS TAKE IMMEDIATE EFFECT FROM THE DATE OF THEIR PUBLICATION. BEFORE YOU CONTINUE, WE RECOMMEND YOU KEEP A COPY OF THE TERMS FOR YOUR RECORDS.

Acceptance of terms and conditions

YOU ACCEPT THE TERMS BY REMAINING ON THE WEBSITE. YOU MAY ALSO ACCEPT THE TERMS BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY CYGNET PERFUMERY IN THE USER INTERFACE.

Purchase of Products and Returns Policy

IN USING THE PURCHASE SERVICES TO PURCHASE THE PRODUCT THROUGH THE WEBSITE, YOU WILL AGREE TO THE PAYMENT OF THE PURCHASE PRICE LISTED ON THE WEBSITE FOR THE PRODUCT (THE ‘PURCHASE PRICE’).

PAYMENT OF THE PURCHASE PRICE MAY BE MADE THROUGH PIN PAYMENTS (THE ‘PAYMENT GATEWAY PROVIDER ‘)

IN USING THE PURCHASE SERVICES, YOU WARRANT THAT YOU HAVE FAMILIARISED YOURSELF WITH, AND AGREE TO BE BOUND BY, THE APPLICABLE TERMS AND CONDITIONS OF USE, PRIVACY POLICYSHIPPING & RETURNS POLICY, AND OTHER RELEVANT LEGAL DOCUMENTATION PROVIDED BY THE PAYMENT GATEWAY PROVIDERS.

FOLLOWING PAYMENT OF THE PURCHASE PRICE BEING CONFIRMED BY CYGNET PERFUMERY, YOU WILL BE ISSUED WITH A RECEIPT TO CONFIRM THAT THE PAYMENT HAS BEEN RECEIVED AND CYGNET PERFUMERY MAY RECORD YOUR PURCHASE DETAILS FOR FUTURE USE.

CYGNET PERFUMERY MAY, AT THEIR SOLE DISCRETION, PROVIDE A REFUND ON THE RETURN OF THE PRODUCTS WITHIN 14 DAYS WHERE THE PRODUCT PACKAGING IS UNOPENED AND REMAINS IN A SALEABLE CONDITION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE LIABLE FOR ANY POSTAGE AND SHIPPING COSTS ASSOCIATED WITH ANY REFUND PURSUANT TO THIS CLAUSE.

Copyright and Intellectual Property

THE WEBSITE, THE PURCHASE SERVICES AND ALL OF THE RELATED PRODUCTS OF CYGNET PERFUMERY ARE SUBJECT TO COPYRIGHT. THE MATERIAL ON THE WEBSITE IS PROTECTED BY COPYRIGHT UNDER THE LAWS OF AUSTRALIA AND THROUGH INTERNATIONAL TREATIES. UNLESS OTHERWISE INDICATED, ALL RIGHTS (INCLUDING COPYRIGHT) IN THE SITE CONTENT AND COMPILATION OF THE WEBSITE (INCLUDING TEXT, GRAPHICS, LOGOS, BUTTON ICONS, VIDEO IMAGES, AUDIO CLIPS AND SOFTWARE) (THE ‘CONTENT ‘) ARE OWNED OR CONTROLLED FOR THESE PURPOSES, AND ARE RESERVED BY CYGNET PERFUMERY OR ITS CONTRIBUTORS.

CYGNET PERFUMERY RETAINS ALL RIGHTS, TITLE AND INTEREST IN AND TO THE WEBSITE AND ALL RELATED CONTENT. NOTHING YOU DO ON OR IN RELATION TO THE WEBSITE WILL TRANSFER TO YOU:

  • THE BUSINESS NAME, TRADING NAME, DOMAIN NAME, TRADE MARK, INDUSTRIAL DESIGN, PATENT, REGISTERED DESIGN OR COPYRIGHT OF CYGNET PERFUMERY; OR
  • THE RIGHT TO USE OR EXPLOIT A BUSINESS NAME, TRADING NAME, DOMAIN NAME, TRADE MARK OR INDUSTRIAL DESIGN; OR
  • A SYSTEM OR PROCESS THAT IS THE SUBJECT OF A PATENT, REGISTERED DESIGN OR COPYRIGHT (OR AN ADAPTATION OR MODIFICATION OF SUCH A SYSTEM OR PROCESS).

YOU MAY NOT, WITHOUT THE PRIOR WRITTEN PERMISSION OF CYGNET PERFUMERY AND THE PERMISSION OF ANY OTHER RELEVANT RIGHTS OWNERS: BROADCAST, REPUBLISH, UP-LOAD TO A THIRD PARTY, TRANSMIT, POST, DISTRIBUTE, SHOW OR PLAY IN PUBLIC, ADAPT OR CHANGE   IN ANY WAY THE CONTENT OR THIRD PARTY CONTENT FOR ANY PURPOSE. THIS PROHIBITION DOES NOT EXTEND TO MATERIALS ON THE WEBSITE, WHICH ARE FREELY AVAILABLE FOR RE-   USE OR ARE IN THE PUBLIC DOMAIN.

Privacy

CYGNET PERFUMERY TAKES YOUR PRIVACY SERIOUSLY AND ANY INFORMATION PROVIDED THROUGH YOUR USE OF THE APPLICATION AND/OR THE PURCHASE SERVICES ARE SUBJECT TO CYGNET PERFUMERY’S PRIVACY POLICY, WHICH IS AVAILABLE ON THE APPLICATION.

General Disclaimer

YOU ACKNOWLEDGE THAT CYGNET PERFUMERY DOES NOT MAKE ANY TERMS, GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS WHATSOEVER REGARDING THE PRODUCTS OTHER THAN PROVIDED FOR PURSUANT TO THESE TERMS.

CYGNET PERFUMERY WILL MAKE EVERY EFFORT TO ENSURE A PRODUCT IS ACCURATELY DEPICTED ON THE WEBSITE, HOWEVER, YOU ACKNOWLEDGE THAT SIZES, COLOURS (in particular) AND PACKAGING MAY DIFFER FROM WHAT IS DISPLAYED ON THE WEBSITE and with each batch made. furthermore, describing scent is somewhat subjective – unfortunately i cannot refund you  if you find the description inaccurate of the perfume on the website.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS IMPLIED OR IMPOSED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW (OR ANY LIABILITY UNDER THEM) WHICH BY LAW MAY NOT BE LIMITED OR EXCLUDED.

SUBJECT TO THIS CLAUSE, AND TO THE EXTENT PERMITTED BY LAW:

  • ALL TERMS, GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS WHICH ARE NOT EXPRESSLY STATED IN THESE TERMS ARE EXCLUDED; AND
  • CYGNET PERFUMERY WILL NOT BE LIABLE FOR ANY SPECIAL,  INDIRECT  OR CONSEQUENTIAL LOSS OR DAMAGE (UNLESS SUCH LOSS OR DAMAGE IS REASONABLY FORESEEABLE RESULTING FROM OUR FAILURE TO MEET AN APPLICABLE CONSUMER GUARANTEE), LOSS OF PROFIT OR OPPORTUNITY, OR DAMAGE TO  GOODWILL ARISING  OUT OF OR IN CONNECTION WITH THE PURCHASE SERVICES OR THESE TERMS (INCLUDING    AS A RESULT OF NOT BEING ABLE TO USE THE PURCHASE SERVICES OR THE LATE     SUPPLY OF THE PURCHASE SERVICES), WHETHER AT COMMON LAW, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, PURSUANT TO STATUTE OR USE OF THE WEBSITE, THE PURCHASE SERVICES, AND ANY OF THE PRODUCTS OF CYGNET PERFUMERY IS AT YOUR OWN RISK. EVERYTHING ON THE WEBSITE, THE PURCHASE   SERVICES, AND THE PRODUCTS OF CYGNET PERFUMERY, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND. NONE OF   THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OF CYGNET PERFUMERY MAKE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS CONTENT OR ANY PRODUCTS OR PURCHASE SERVICES (INCLUDING THE PRODUCTS OR PURCHASE SERVICES OF CYGNET PERFUMERY) REFERRED TO ON THE WEBSITE. THIS INCLUDES (BUT IS NOT RESTRICTED TO) LOSS OR DAMAGE YOU MIGHT SUFFER AS A RESULT OF ANY OF THE FOLLOWING:
  • FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE TO CORRECT DEFECTS, DELAY IN OPERATION OR TRANSMISSION,  COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, LOSS OF DATA, COMMUNICATION LINE FAILURE, UNLAWFUL THIRD PARTY CONDUCT, OR THEFT,  DESTRUCTION,  ALTERATION  OR UNAUTHORISED ACCESS TO RECORDS;
  • THE ACCURACY, SUITABILITY OR CURRENCY OF ANY INFORMATION ON THE WEBSITE, THE PURCHASE SERVICE, OR ANY OF ITS CONTENT RELATED PRODUCTS (INCLUDING THIRD PARTY MATERIAL AND ADVERTISEMENTS ON THE WEBSITE);
  • COSTS INCURRED AS A RESULT OF YOU USING THE WEBSITE, THE PURCHASE SERVICES OR ANY OF THE PRODUCTS;
  • THE CONTENT OR OPERATION IN RESPECT TO LINKS WHICH ARE PROVIDED FOR THE USER’S CONVENIENCE;
  • ANY FAILURE TO COMPLETE A TRANSACTION, OR ANY LOSS ARISING FROM E-COMMERCE TRANSACTED ON THE WEBSITE; OR
  • ANY DEFAMATORY, THREATENING, OFFENSIVE OR UNLAWFUL CONDUCT OF THIRD PARTIES OR PUBLICATION OF ANY MATERIALS RELATING TO OR CONSTITUTING SUCH


LIABILITY 

CYGNET PERFUMERY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE   PURCHASE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE OR OTHERWISE, WILL NOT EXCEED THE MOST RECENT PURCHASE PRICE PAID BY YOU UNDER THESE TERMS OR WHERE YOU HAVE NOT PAID THE PURCHASE PRICE, THEN THE TOTAL LIABILITY OF CYGNET PERFUMERY IS THE RESUPPLY OF INFORMATION OR PURCHASE SERVICES TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CYGNET PERFUMERY, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS AND  LICENSORS SHALL NOT BE LIABLE TO YOU FOR  ANY DIRECT,  INDIRECT,  INCIDENTAL,  SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION AND ANY OTHER INTANGIBLE LOSS.

CYGNET PERFUMERY IS NOT RESPONSIBLE OR LIABLE IN  ANY MANNER FOR  ANY SITE CONTENT (INCLUDING THE CONTENT AND THIRD PARTY CONTENT) POSTED ON THE WEBSITE  OR IN CONNECTION WITH THE PURCHASE SERVICES, WHETHER POSTED OR CAUSED BY    USERS OF THE WEBSITE OF CYGNET PERFUMERY, BY THIRD PARTIES OR BY ANY OF THE PURCHASE SERVICES OFFERED BY CYGNET PERFUMERY.

INDEMNITY 

YOU AGREE TO INDEMNIFY CYGNET PERFUMERY, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS FROM AND AGAINST:

  • ALL ACTIONS, SUITS, CLAIMS, DEMANDS, LIABILITIES, COSTS, EXPENSES, LOSS AND DAMAGE (INCLUDING LEGAL FEES ON A FULL INDEMNITY BASIS) INCURRED, SUFFERED OR ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT YOU POST THROUGH THE WEBSITE;
  • ANY DIRECT OR INDIRECT CONSEQUENCES OF YOU ACCESSING, USING OR TRANSACTING ON THE WEBSITE OR ATTEMPTS TO DO SO AND ANY BREACH BY YOU OR YOUR AGENTS OF THESE TERMS; AND/OR
  • ANY BREACH OF THE terms.


GOVERNING LAW

THE TERMS ARE GOVERNED BY THE LAWS OF VICTORIA, AUSTRALIA. ANY DISPUTE, CONTROVERSY, PROCEEDING OR CLAIM OF WHATEVER NATURE ARISING OUT OF OR IN ANY WAY RELATING TO THE TERMS AND THE RIGHTS CREATED HEREBY SHALL BE GOVERNED, INTERPRETED AND CONSTRUED BY, UNDER    AND PURSUANT TO THE LAWS OF VICTORIA, AUSTRALIA, WITHOUT REFERENCE TO CONFLICT OF LAW PRINCIPLES, NOTWITHSTANDING MANDATORY RULES. THE VALIDITY OF THIS GOVERNING LAW CLAUSE IS NOT CONTESTED. THE TERMS SHALL BE BINDING TO THE BENEFIT OF THE PARTIES HERETO AND THEIR SUCCESSORS AND ASSIGNS.

INDEPENDANT LEGAL ADVICE

BOTH PARTIES CONFIRM AND DECLARE THAT THE PROVISIONS OF THE TERMS ARE FAIR AND   REASONABLE AND BOTH PARTIES HAVING TAKEN THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL ADVICE AND DECLARE THE TERMS ARE NOT AGAINST PUBLIC POLICY ON THE GROUNDS OF INEQUALITY OR BARGAINING POWER OR GENERAL GROUNDS OF RESTRAINT OF TRADE.

SEVERANCE

IF ANY PART OF THESE TERMS IS FOUND TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THAT PART SHALL BE SEVERED AND THE REST OF THE TERMS SHALL REMAIN IN FORCE.