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TERMS AND CONDITIONS

TERMS OF USE

These Terms of Use (‘Terms’) apply to all Subscribers to this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services and signing up for the subscription, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time.

DEFINITIONS

“Content” means any and all material, links, words, images including but not limited to any products and services the subscriber submits or links to the website, as relevant.

“Services” means our online monthly subscription box service that sends its subscribers a box of retail products to the subscriber’s home on a regular basis.

“Subscriber” means a subscriber to the Services on this website.

“the website” means www.peonyparcel.com

“We”, “our” and “us” means www.peonyparcel.com, including directors, employees, contractors and affiliates.

“You” means the Subscriber to our Services

SUBSCRIPTIONS

You must register and pay your subscription fee in advance in order to sign up to our website to receive our Services, newsletters, information and any associated services. You need to first fill in your registration details that are required in the online form to gain access as well as pay the subscription fee in advance or alternatively provide payment details for the relevant subscription plan.

By providing your credit card details, you authorise us and agree to the monthly subscription fee being automatically deducted from your credit card or other nominated payment method at the beginning of each month unless you or we cancel the subscription in accordance with the below Cancellation terms.

AGREEMENT FOR SUBSCRIPTION SERVICES

To be eligible to subscribe to our website Services, you acknowledge and agree to the following:

• You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;

• You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;

• We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information;

• You will not transfer, sublicense or grant access to any of our Services to any other person, company, business except as agreed in these Terms;

• Consumables: Some of our subscription boxes may, from time to time, contain food, confectionary or other consumable products (‘Consumables’). If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after consuming any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. It is up to you to check the ingredients listing prior to any consumption. Any consumption of Consumables is done at your own risk; 

• Skin Care Products: Our website and subscription boxes do not offer medical treatments or attempt to diagnose or treat any skin problem or skin conditions. All products should be used as directed on the product container or label and you need to assess the suitability of the products for your particular skin, circumstances and healthy prior to any use. As everyone has different skin which can react to an allergen at any given time, any product could cause a negative skin reaction. We are not responsible if such a reaction should occur as a result of any consumer using our products. If you develop a skin sensitivity to any product, stop using it immediately and consult your physician. Remember, you should never use new products on broken or irritated skin and discontinue using any product that causes any of the following: redness, scaling, itching, burning, soreness, blisters or other similar reactions; and

• Some of our subscription boxes may, from time to time, contain variations to the contents, products or number of products in the box. Whilst we try to ensure they are as close to our images or descriptions as possible, there may be variations and where some products are no longer available, we will replace these products with similar products of similar value.

DELIVERY

We deliver our subscription boxes to the address you have advised in your profile on the dates we have indicated. Any change to your address must be made at least 7 days prior to your next delivery date and notified to us in your profile. You are responsible for any redelivery, redirection or other costs associated with any delivery that was not done in accordance with our terms and the address change requirements.

Our Services are delivered by third party courier and in the event you are not available to receive the delivery, we ask that you organize with the courier directly for receipt. In the event that you have nominated with the courier or another third party to leave any delivery, we are not responsible for any lost, stolen, missing or delivery that is otherwise not received.




CANCELLATION, REFUND AND TERMINATION

TO CANCEL YOUR SUBSCRIPTION

Bi-monthly subscriptions
To cancel your bi-monthly subscription, you can do so by logging into your account on our website and cancelling in the account, or you can email us directly at hello@peonyparcel.com to request cancellation.

We need to receive notice of cancellation 7 days prior to your payment date so that we can ensure you are not charged for the next billing period. If we do not receive your cancellation notice 7 days prior to the next payment date, you will be charged for the extra months’ fee and the box will be delivered to you for that month.

Prepaid 6 month subscription or Annual subscription
Prepaid 6 month subscriptions may only be cancelled at the termination of the subscription period. You will receive an email prior to the end of the 6 month subscription term to confirm that the prepaid 6 month subscription will be renewed.. If we do not receive notice that you wish to cancel 7 days prior to your scheduled payment date, you will be charged for the next 6 months and the boxes will be delivered to you for the 6 month subscription period.

Prepaid annual subscriptions may only be cancelled at the termination of the subscription period. You will receive an email prior to the end of the annual subscription term to confirm that the prepaid annual subscription will be renewed. If we do not receive notice that you wish to cancel 7 days prior to your scheduled payment date, you will be charged for the next 12 months and the boxes will be delivered to you for the 12 month subscription period.

RETURNS AND REFUNDS:

Subscriptions
If Peony Parcel cancels or is unable to fulfil your subscription box order, Peony Parcel will provide a full refund of the subscription price paid for any unsent subscription boxes.

Products
If any item you purchase from Peony Parcel (including individual items in subscription boxes) is faulty, wrongly described, or different from the sample shown then we will meet our legal obligation which may include refunding the purchase price and delivery charges, or providing a replacement product provided the item is returned within a reasonable time with proof of purchase. Please note that we if are unable to replace a returned item (which may be the case where the item in question is a sample sent in a subscription box) we will offer a similar item of equal value.

If you intend to seek a refund or replacement, please email hello@peonyparcel.com.au. Please include the order number and reason for the return, and provide photographic evidence of any visible damage to the item/s. If we ask you to return the item, Peony Parcel will bear the costs of all domestic return shipping.

WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk. 

ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:
• The supply of any services again; or
• The payment of the cost of having any services supplied again.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

GOVERNING LAW

These Terms of Use are governed by the laws of Queensland which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.