Terms and Conditions of Sale

Last updated on 5 September 2019

These terms and conditions (Terms) govern your use of the AMPERNA website located at https://amperna.com (Website) and our supply of products through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, AMPERNA RETAIL PTY LTD ABN 29 633 509 449 (AMPERNA, our, we or us).

These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase products or goods through the Website (Products) and/or purchase our holistic coaching services (Services).

We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

Please read these terms and conditions carefully, as they apply to all transactions between you and us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood and agreed to these terms and conditions. If you have any questions or concerns about our terms and conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us using the contact details at the end of these Terms.

MEDICAL EMERGENCIES

If you require immediate medical attention, contact your treating general practitioner or call 000.

DO NOT USE THE WEBSITE OR OUR SERVICES IF: You have or think you may have an emergency or critical condition or symptom, including, but in no way limited to:

· severe chest pain
· heart attack
· stroke
· loss of consciousness
· severe bleeding
· breathing difficulty

If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using this Website or our Services or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use the Website or our Services and instead contact 000 immediately or seek alternative and appropriate medical services. 

DISCLAIMER

AMPERNA provides information that is general in nature and is based on personal experience. Any information on our Website or in our Services is not a substitute for medical advice.

Before making any changes to your skincare routine, your health or otherwise, seek medical advice to evaluate any risks. Individual results may vary and cannot be guaranteed.

(a) The purpose of providing you with the Services is to provide you with general information that is based on personal experience.

(b) AMPERNA does not provide medical advice, and none of its staff are medically trained.

(c) Any recommendations or advice on the Website are AMPERNA’s solutions or remedies of what actions you may take and are in no way to be taken as medical advice and are not exhaustive of all possible solutions or remedies.

We encourage you to seek medical advice if you are unsure about anything or our Services.

 

1. SUPPLY TERMS

1.1 OFFER TO PURCHASE

By submitting an order for purchase of a Product using the Website's functionality (Purchase Order) you represent and confirm that you:

  1. have the legal capacity and are of sufficient age to enter into a binding contract with us; and
  2. are authorised to use the debit or credit card included in your order.

Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.

1.2 ERRORS

While we take every care to make sure our online store is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error or stock availability issue). If there’s been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another).

1.3 PRICE VARIATION

We may vary our prices from time to time. You agree and acknowledge that we may do so at any time by giving you notice, and that such notice is given by us posting the updated price on our Website or otherwise notifying you.

1.4 PAYMENT

  1. (Payment obligations) Unless otherwise agreed in writing:
    (i) if AMPERNA issues an invoice to you, payment must be made by the time specified in such invoice;
    (ii) in all other circumstances, you must pay for all Products and Services on or prior to AMPERNA dispatching the Products for delivery; and
    (iii) you must not set off any money alleged to be owing by AMPERNA against money due by you to AMPERNA.
  2. (Payment in full) You acknowledge and agree that your payment in full in cleared funds (including any delivery fees, discussed below) is a condition of these Terms, any breach of which will entitle us to terminate these Terms immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges and debt recovery fees. We may also immediately stop delivery of any Products or Services unpaid for unless and until we receive your payment in full.
  3. (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by AMPERNA, you must pay the GST subject to AMPERNA providing a tax invoice.
  4. (Card surcharges) AMPERNA reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
  5. (Payment Method) We may offer a variety of other ways of pay, such as electronic funds transfer into our nominated bank account, eWAY and any other method of payment, available from time to time. Please ask us for more information.
  6. (Online payment partner) We may use third-party payment providers (currently Afterpay, eWAY and Paypal) (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. In making a payment, you warrant to us that you’ve read and agreed to the terms of Payment Provider You understand that these services are provided by third parties, and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of using a Payment Provider. If you have an issue with a third party provider, please contact them directly.
  7. (Currency) Any amount on the Website that has been converted from AUD (Australian Dollars) using the Currency Selector is an estimate only. When checking out, prices will be displayed and charged in AUD.
  8. (Failure to pay) If you fail to pay us for an order, or if an insolvency event occurs in relation to you (for example, if you commit an act of bankruptcy or become insolvent), we may suspend delivery of an order, require payment in a particular form or terminate these Terms.

1.5 CANCELLATION

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

1.6 PRICING ERRORS

In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

1.7 DISCOUNTS

  1. We may offer discounts now and then. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).
  2. Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).
  3. Unless we specify otherwise in our offer, discounts are available on full priced Products and Services only.
  4. We reserve the right to revoke any discount offer at any time without notice.

1.8 STORE CREDIT

  1. We may issue you with store credit in accordance with these Terms, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to these Terms.
  2. Store credit is redeemable for Products sold by us on our Website only and can’t be applied to postage on an order.
  3. You’ll need an account on our Website to receive and redeem store credit. If you don’t already have an account on the Website, you’ll need to create one prior to store credit being provided.
  4. Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.
  5. Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.

1.9 DELIVERY AND SHIPPING

  1. (Delivery) We post Products within Australia and internationally (see the Website for countries we ship to). We ship our Products with Australia Post in Australia and DHL Ecommerce internationally, or such other delivery service provider as we deem appropriate. We offer standard shipping and express delivery with delivery times reliant on the shipping company providing the service. Once you have added the desired AMPERNA Products to your cart and entered a delivery address, shipping will be automatically calculated.
  2. (Fees) You agree to pay to us postage fees as calculated at checkout. As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs, or modifying your order). We use third party providers to help us get your order to you. Those providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice, and that such notice is given by posting the updated postage fees on the Website.
  3. (International and Remote Shipping) Please note that Products posted internationally or to remote Australian locations may be subject to additional postage costs, as well as taxes (such as customs or excise duty either at the point of delivery or after delivery), which you will need to pay. We are unable to estimate the amount of duties and taxes your package will incur as these charges are imposed directly by your local customs. All taxes and customs charges are your responsibility to pay and are not included in the cost of the order or shipping charge. Payment of these is necessary to release your order from customs. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. AMPERNA® will not be held responsible for goods that you fail to pay customs and duties for and does not offer refunds in this event.
  4. (Delivery Times) While we’ll do our best to dispatch orders within 48 hours (excluding Saturdays, Sundays, public holidays and any other day on which banks in Sydney, New South Wales, Australia are closed) of purchase, we ask for your patience as this handing period may vary, for example, if we have a high volume of orders. If you need your order by a certain time, please get in touch with us and we’ll do our very best to get it to you. In saying that, you acknowledge that we are not liable for any delay in dispatch of your order. Delivery times will vary between orders (see our Website for indicative delivery times). We’ll do our best to let you know when to expect your delivery, however this is largely dependent on the delivery service provider.
  5. (Acceptance) Please ensure your delivery address is attended during business hours. Business addresses are preferred. Once dispatched, we will send you a unique tracking number by email. It’s your responsibility to make sure that your postal address details are correct. We won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate these Terms and issue a refund in accordance with these Terms.
  6. (Delivery issues) If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the third party postal service, less our reasonable costs of investigating and applying for any compensation, unless otherwise required by law.

1.10 TITLE AND RISK

  1. (Title) Until the price of Products is paid in full, title in those Products is retained by AMPERNA.
  2. (Risk) Risk in the Products will pass to you on delivery to your nominated address. Delivery must not be refused by you. If you’ve authorised us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address.
  3. (Returned Products) If we accept a return of any Products, risk in those Products will revert to us on our confirmation of receipt of the returned Products. We recommend you insure Products you return to us against loss or damage in transit.
  4. (Failure to pay) If you do not pay for any Products on or before the due date for payment:
    (i) or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, AMPERNA reserves the right to revoke such credit and demand immediate payment before any further shipment of Products;
    (ii) you must pay AMPERNA interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by AMPERNA;
    (iii) you authorise AMPERNA, its employees and agents to enter any premises occupied by you or any other place where the Products are located and use reasonable force to retake possession of the Products without liability for trespass or any reasonable damage;
    (iv) AMPERNA may at its option keep or resell Products retaken from you; and
    (v) if you sell Products or items into which the Products are incorporated before payment in full to AMPERNA, you acknowledge that such sale is made by you as bailee for and on behalf of AMPERNA, to hold the proceeds of sale on trust for AMPERNA, in an account in the name of AMPERNA, and you must pay that amount to AMPERNA on demand.

1.11 CUSTOMS AND DUTIES – INTERNATIONAL ORDERS

AMPERNA reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

1.12 REFUND POLICY AND PROCEDURE

  1. We pride ourselves on ensuring all Products sold are of the highest quality. All items are quality checked for faults before they are dispatched to you. We also offer remedies in accordance with the Australian Consumer Law, including a refund, replacement or exchange for damaged or faulty goods, or goods that do not otherwise meet the consumer guarantees set out in the Australian Consumer Law.
  2. (Change of mind return) For hygiene reasons, we are unable to offer exchanges or returns on items other than as set out above (such as for change of mind), so please choose carefully.
  3. (Defective Products) To request a remedy in relation to a Product, notify us of your claim via email to returns@amperna.com within seven (7) days of receiving your purchase, together with written and photographic evidence to support your claim, including proof of purchase (we can only accept items purchased on our Website). We will respond to your claim as soon as possible, usually within 10 business days, to either accept or reject your claim and, if applicable, send you a returns form.
  4. It is your responsibility to return the item/s to us, together with your completed returns form and receipt for postage costs, via registered post and provide us with the postal tracking number. Once we have received the Product/s, we will confirm receipt via email and process your refund, replacement or exchange (including reimbursement of postage costs, if applicable).

1.13 EVENTS BEYOND CONTROL

As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to deliver Products or Services to you, you release us from any obligation to fulfil your order while those circumstances continue.  While they continue, we may choose to cancel your order, or otherwise to complete you order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.

1.14 DISCLAIMER

  1. (Adverse Reactions) Our Products have been tested on people with sensitive skin types including, eczema, dermatitis, perioral dermatitis, rosacea and acne prone skin. Many common irritants and allergens have been purposefully excluded from our Products, lessening the likelihood of a reaction or intolerance. Whilst we have tested our Products widely amongst problem skin sufferers, we cannot guarantee results for any individual user. It is your responsibility to read the ingredient list on each of our Products (available at online point of sale and on Product packaging) and satisfy yourself that it is free of allergens. We also recommend you undertake a spot test in a small, discreet area to test for adverse reactions.
  2. If you do experience an adverse reaction to one of our Products, cease use immediately, rinse product off with cold water and seek medical attention.
  3. (No returns for adverse reactions) Except as set out in our refund policy above or otherwise required by the Australian Consumer Law, we will not accept claims for exchange or returns on non-faulty items due to adverse reactions.

2. AMPERNA® Holistic Skin Coaching

This clause sets out some additional parts that apply if you are purchasing AMPERNA Holistic Skin Coaching Services from our Website.

Services will be provided as set out on our Website. They will be provided however you feel comfortable such as via email, Facebook messenger, Instagram, or phone call. This will be discussed with you once you purchase the Services and is dependent on your preferences.

2.1 INITIAL CONSULT

  1. To use the Services you must first purchase an initial consult so we can evaluate the Services for you (Initial Consult).
  2. Details are as set out on our Website.

2.2 FOLLOW UP CONSULTING

  1. Following an Initial Consult, you may purchase follow up Services as set out on our Website (Follow up Consult).
  2. Fees for Follow Up Consults will be charged by the hour and are as set out on our Website.

2.3 MONTHLY SUBSCRIPTION

  1. This option allows you to receive unlimited holistic motivational coaching and support on your skin health journey via email (Monthly Subscription). Please see Scheduling Appointments and Support below, and our Website, for more details.
  2. (Cancellation) AMPERNA requires at least one month’s notice before cancellation for a Monthly Subscription. You can cancel your Monthly Subscription at any time and the Services will still be offered until the end of the current billing period. So if you paid for your Services on the 15th of the month and you cancelled on the 28th you will receive your Services until the 14th of the following month.

2.4 YOUR OBLIGATIONS

  1. You must provide us with all documentation, information and assistance reasonably required us to perform the Services.
  2. You agree to attend any scheduled appointments. If you cannot attend any scheduled appointments you must give us at least 24 hours’ notice. If you provide at least 24 hours’ notice you will receive a full refund. However, if you cancel with less than 24 hours’ notice we will have to charge you the full amount of that appointment as we are unable to re-schedule another replacement appointment at such short notice.

2.5 SCHEDULING APPOINTMENTS AND SUPPORT

  1. We have a great appointment scheduling system set out on our Website. To schedule any appointments for Services please use the functionality on our Website.
  2. If support is provided for your Services and/or your Monthly Subscription, details will be set out on our Website including what kinds and types of support and how long you should expect to receive a response from us. We will try to respond to you as soon as we can.

2.6 ACCEPTABLE USE

We'll need you to make a few promises about the way you'll use the Services.

You agree:

  1. not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
  2. not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  3. not to use the Services for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
  4. not to attempt to breach the security of the Services or AMPERNA's system security, or otherwise interfere with the normal function of the Services, including by:
    (i) gaining unauthorised access to AMPERNA Accounts or data about other users of the Services;
    (ii) scanning, probing or testing the Services for security vulnerabilities;
    (iii) overload, flood, mailbomb, crash or submit a virus to the Services or AMPERNA's system; or
    (iv) instigate or participate in a denial-of-service attack against the Services or AMPERNA's system; and
  5. to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the Services comply with the Terms.

2.7 FEES

  1. You must pay any fees in the amounts and at the times set out in on our Website or as otherwise agreed in writing with you.
  2. The Payment Terms set out above at clause 4 also apply to our provision of Services.

USE OF THE WEBSITE

3.1 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

3.2 ACCOUNT REGISTRATION

You may choose to sign up for an account (AMPERNA Account) in order to use our Website and the Services. (You do not need to have an account to use the Website and Services. This is an optional service.)

When you register for an AMPERNA Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

You agree that you're solely responsible for:

  1. maintaining the confidentiality and security of your AMPERNA Account information and your password; and
  2. any activities and those of any third party that occur through your AMPERNA Account, whether those activities have been authorised by you or not.

You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.

We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your AMPERNA Account information or your password.

3.3 YOUR OBLIGATIONS

You must not:

  1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of AMPERNA;
  2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
  3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
  4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
  5. use the Website with the assistance of any automated scripting tool or software;
  6. act in a way that may diminish or adversely impact the reputation of AMPERNA, including by linking to the Website on any other website; and
  7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
    (i) gaining unauthorised access to Website accounts or data;
    (ii) scanning, probing or testing the Website for security vulnerabilities;
    (iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
    (iv) instigating or participating in a denial-of-service attack against the Website.

3.4 INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

  1. the Website will be free from errors or defects;
  2. the Website will be accessible at all times;
  3. messages sent through the Website will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Website will be secure or confidential; or
  5. any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Product descriptions, prices and other Website Content.

3.5 INTELLECTUAL PROPERTY

  1. AMPERNA retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from AMPERNA or as permitted by law.

3.6 LINKS TO OTHER WEBSITES

  1. The Website may contain links to other websites that are not our responsibility.
  2. We have no control over the content of the linked websites and we are not responsible for it.
  3. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

3.7 SECURITY

 

AMPERNA does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

3.8 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

3.9 LIABILITY

  1. (Limitation of liability) To the maximum extent permitted by applicable law, AMPERNA excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any Products or Services provided by AMPERNA.

    Claims for loss of or damage to Products in transit must be made against the carrier.

    Products sold by AMPERNA will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, AMPERNA's liability for breach of that non-excludable condition, warranty or guarantee will, at AMPERNA's option, be limited to:
    (i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
    (ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

  2. (Indemnity) You agree to indemnify AMPERNA and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Website or of any Products or Services provided by AMPERNA.
  3. (Consequential loss) To the maximum extent permitted by law, under no circumstances will AMPERNA be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by AMPERNA (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

3.10 COLLECTION NOTICE AND PRIVACY

  1. We collect personal information about you in order to enable you to access and use our Website, to contact and communicate with you regarding your orders, to respond to your enquiries, to provide you with Products and Services and for other purposes set out in our Privacy Policy.
  2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
  3. When you use our Website and/or order Products and Services from us, you agree to be bound by the clauses outlined in AMPERNA's Privacy Policy, which can be found here.

3.11 DISCLAIMER

(Advice and Information) We may give you advice, recommendations, information or assistance in relation to our Products, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. Unless required by law, we won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on any such information or advice.

4. DISPUTE RESOLUTION

If a dispute arises out of these Terms or if you are unhappy with your Product or Services for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Sydney, New South Wales, Australia and split the costs of that equally. Where that venue is inconvenient for either or both parties, we will endeavour to conduct the mediation through electronic means (such as videoconferencing). If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.

Each of us agree that we won’t not commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course we’re seeking interlocutory relief).

5. TERMINATION

We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered Products.

6. GENERAL

  1. (Governing law) This agreement is governed by the law applying in New South Wales, Australia.
  2. (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  3. (Amendments) These Terms may only be amended by AMPERNA in accordance with the Terms.
  4. (Variation) We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
  5. (Severance) If any part of these conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
  6. (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  7. (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
  8. (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
  9. (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
  10. (Interpretation) In these Terms, the following rules of interpretation apply:
    (i) (singular and plural) words in the singular includes the plural (and vice versa); (ii) (gender) words indicating a gender includes the corresponding words of any other gender; (iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (iv) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    (v) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    (vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
    (vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
    (viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    (ix) (includes) the word "includes" and similar words in any form is not a word of limitation; and
    (x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

7. CONTACT US

If you have any questions, problems, issues or any other feedback you can contact us at:

Address: Amperna Retail, PO BOX 552 Surry Hills, NSW, 2010

Email: info@amperna.com or returns@amperna.com