Terms and Conditions of Sale
These are the General Terms and Conditions of Sale for all products sold by Kiri Yanchenko (ABN 24 756 839 336) trading as Amperna Retail (“Amperna”, “we”, “us”), including those sold on our website, www.amperna.com, which is owned and operated by Amperna (Site).
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 Site, or any purchase you make through the Site, please don’t hesitate to get in touch with us.
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).
Please note that when you submit an order through the Site, no agreement is formed until we process and accept your order and send you a confirmation. 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).
You agree to pay us the purchase price listed on the Site (subject of course to the proviso above, in the case of accidental errors and omissions).
We currently accept payments via VISA, MasterCard, American Express, PayPal and Afterpay. We may offer a variety of other ways of pay, such as electronic funds transfer into our nominated bank account, Stripe and any other method of payment, available from time to time. Please ask us for more information.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any third party payment gateway or processor (such as PayPal or Afterpay), which are available on their respective websites. You understand that these services are provided by third parties, and are made available to you on our Site for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third party provider, please contact them directly.
You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement 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 goods or services unpaid for unless and until we receive your payment in full.
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Site or otherwise notifying you.
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 this agreement.
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).
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).
Unless we specify otherwise in our offer, discounts are available on full priced goods and services only.
We reserve the right to revoke any discount offer at any time without notice.
We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.
Store credit is redeemable for products sold by us on our Site only and can’t be applied to postage on an order.
You’ll need an account on our Site to receive and redeem store credit. If you don’t already have an account on the Site, you’ll need to create one prior to store credit being provided.
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.
Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
Postage and DeliveryWe post products within Australia and internationally (see the Site for countries we ship to). We ship our products with Shippit or such other delivery service provider as we deem appropriate. We offer standard shipping, express next day delivery and priority same day delivery. Once you have added the desired AMPERNA® products to your cart and entered a delivery address, shipping will be automatically calculated.
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 Site.
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. If you fail to pay import taxes and duties on arrival at the destination country and the shipment is refused, we will request the freight carrier to return the goods. Upon receipt of the returned goods, we will process a refund of your order, less our return freight costs.
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 Site 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.
All orders require a signature on delivery. 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 this agreement and issue a refund in accordance with this agreement.
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.
RiskRisk in each order passes to you on delivery to your nominated address. 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.
If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.
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 goods 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.
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.
Australian Consumer Law
Our products come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL.
Refund Policy and Procedure
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 customers. We also offer remedies in accordance with the ACL, 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 ACL.
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.
To request a remedy in relation to a product, notify us of your claim via email to firstname.lastname@example.org 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 Site). 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.
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 item/s, we will confirm receipt via email and process your refund, replacement or exchange (including reimbursement of postage costs, if applicable).
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
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 product (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.
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.
Except as set out in our refund policy above or otherwise required by the ACL, we will not accept claims for exchange or returns on non-faulty items due to adverse reactions.
Dispute ResolutionIf a dispute arises out of these conditions or if you are unhappy with your product 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).
VariationWe can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Site. The changes will take effect immediately on their being posted.
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.
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 goods.
JurisdictionAs we’re based in New South Wales, Australia, these conditions will be governed by the laws of that state. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of New South Wales.
You can contact us at:
Amperna Retail, PO BOX 552 Surry Hills, NSW, 2010