T&Cs
Terms of service/purchases & Legal Liabilities
This website is operated by Daear Pty ltd, (“we”, “us” “our” or “Daear Pty ltd”). We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein. These who are browsers, vendors, customers, merchants, and/ or contributors of content.
Daear has a selection of cosmetic ingredients. Please always spot check for 24-48hrs prior to full use of ANY product that is purchased. If an allergic reaction happens from a spot check, a credit or refund is applicable if photos of immediate reaction is taken and emailed to Daear and no more than 30% of the product is used. Return cost of the product applicable to the consumer not Daear Skin.
Daear does not guarantee the suitability, or fitness for purpose, of any items. We encourage small trial batches of any new work to make your own determination of an item's suitability for your purpose.
Daear products are for topical cosmetic use only. Many of our ingredients are traditionally consumed, however, nothing that we offer is for consumption. Nothing offered through the Daear website is intended for internal use or consumption.
Daear shall not be liable for any special, indirect, incidental or consequential damages, including, but not limited too, lost profits or injury to business reputation or goodwill, that are caused by, are related to, or that arise from any of the items. If any items are defective, then your exclusive remedy
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
When using our Services, You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Statement of Organic Variance:
Our products are handcrafted and hand made according to our own, original recipes. Every batch is made in small, quality controlled amounts. They are mixed, poured and prepared by hand.
Regarding our handmade products: We use multiple organic elements that are added separately following requirements for that product. This creates variations in the appearance of each individual products within the same order as well as different batches. The products you receive will not be an exact match to the products received in your last order. This is a good thing! It means that our dedication to handcrafting unique small batches of organic and natural goodness is a dream come true for our family and that our products will bring satisfaction to you.
HOW TO ORDER
Place your product order:
Via our secure site at www.Daear.com.au
Ensure your full name, correct address, phone number and delivery notes are in all orders. We hold no liabiliaty for incorrect details.
ORDER CHANGES
Processing typically begins immediately after we receive your order; therefore we cannot accept additions or changes once the order is placed. Please review your order before submitting to ensure that it is complete.
ORDER CONFIRMATIONS
Once we receive your order we will generate an initial invoice and forward to you as confirmation that your order was received. Please review and contact your account representative immediately if there are any problems. If you do not receive a confirmation invoice, please contact your representative to ensure that the order has been received.
ORDER TRACKING
You can track progress of your order online via our secure site. Additionally, your account representative will email tracking information directly to you when your order ships.
ORDER MINIMUMS
No order minimums
DELIVERY TIMES
Because we label products to order, please allow three weeks from time of order for us to fill label and ship your products to your door. If your order is particularly urgent, we recommend that you opt for 2 or 3-day express and notify us of this request at time of order.
SHIPPING
Shipments returned due to customer’s absence or refusal can be reshipped at customer’s expense.
BACKORDERS
While we make every attempt to keep farm fresh ingredients in stock, working with natural ingredients makes specific items hard to source. Any product that is not available for immediate shipping may be placed on backorder and shipped as soon as it is available.
ALTERNATE OR TEMPORARY PACKAGING
In the event that we experience a backorder from one of our packaging suppliers or experience a technical problem with a packaging element, we may find it necessary to substitute in order to ship your order in a timely manner. We will make every effort to avoid these situations, and apologize for any inconveniences that have been passed on from our suppliers.
PAYMENT
Orders must be prepaid either by credit card, wire transfer. Subsequent orders maybe paid by Visa / Mastercard.
Ownership
You understand that the Website is available for your personal, non-commercial use only. You agree that the Website is the property of the Site Owner; including all intellectual property rights in it and that you have no right to use them other than as set out in these Terms of Use. We are not responsible for any harm or loss that you suffer in relation to any use you make of the Website for any professional, healthcare-related or business purposes or other purposes not authorised under these Terms of Use. We reserve the right to refuse or terminate access to the Website at our discretion. The Website is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and to the maximum extent permitted by law we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website.
You may not copy, change or reuse the Website, any updates to it or any part of it including the software incorporated in it.
You may use this Website only for lawful purposes and in accordance with these Terms of Use. You are granted a nonexclusive, nontransferable, revocable, limited license to view, print and distribute content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of Site Owner.
In addition, you agree not to: (i) use this Website in any manner that could disable, overburden, damage, or impair this Website, or interfere with any other use of this Website, including, any user's ability to engage in real-time activities through this Website; (ii) use any robot, spider or other automatic device, process or means to access this Website for any purpose, including to scrape, data mine, monitor or copy any of the material on this Website; (iii) use any manual process to monitor or copy any of the material on this Website, or to engage in any other unauthorized purpose without the express prior written consent of Site Owner; (iv) otherwise use any device, software or routine that interferes with the proper working of this Website; or (v) otherwise attempt to interfere with the proper working of this Website.
We reserve all rights not expressly granted to you.
Information Disclaimer
THE INFORMATION INCLUDING ANY ADVICE AND RECOMMENDATIONS ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
WE ASSUME NO RESPONSIBILITY FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXCLUDE ANY LIABILITY TO YOU FOR, ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE WE STRIVE TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, TO THE MAXIMUM EXENT PERMITTED BY LAW WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE INACCURACY, INCOMPLETENESS, OR LACK OF TIMELINESS OF THE INFORMATION ON THE WEBSITE.
Links to Third Party Sites
This Website may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Website. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Site Owner. Your use of such third party websites is subject to the terms of use and the privacy policies of such websites.
Disclaimer of Warranties With Respect to Use of Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.TO THE MAXIMUM EXENT PERMITTED BY LAW, SITE OWNER DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TO THE MAXIMUM EXENT PERMITTED BY LAW, SITE OWNER MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.TO THE MAXIMUM EXENT PERMITTED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SITE OWNER OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SITE OWNER, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATORIES OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
WHERE APPLICABLE LAWS IMPLY ANY WARRANTIES, GUARANTEES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON PERSONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT, THESE TERMS OF USE MUST BE READ SUBJECT TO THOSE LAWS. IF THOSE LAWS APPLY, TO THE EXTENT TO WHICH SITE OWNER IS ABLE TO DO SO, ITS LIABILITY WILL BE LIMITED, AT SITE OWNER’S OPTION, TO (1) IN THE CASE OF ANY GOODS SUPPLIED BY SITE OWNER, EITHER (A) REPLACEMENT OF THE GOODS OR SUPPLY OF EQUIVALENT GOODS; (B) REPAIR OF THE GOODS; (C) PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR (D) PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR (2) IN THE CASE OF ANY SERVICES PERFORMED BY SITE OWNER, EITHER (A) THE PERFORMANCE OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES PERFORMED AGAIN.
Indemnification
You agree to indemnify and hold harmless Site Owner and its affiliates and their respective directors, officers, employees, agents, or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Website including without limitation transmission or placement of information or material by you on this Website; and (c) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.
Modifications to these Terms
We may make changes to these Terms of Use from time to time in our sole discretion, by updating these Terms of Use on this Website, and specifying the effective date of the new version of the Terms of Use. The “Last Modified” date at the top of these Terms of Use will indicate when the latest changes were made. Your continued use of the Website following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.
Applicable Law and Jurisdiction
The information on the Website is intended only for use by residents of Australia. Other countries may have laws, regulatory requirements, or medical practices that differ from those in Australia. The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website, and any non-contractual obligations arising out of or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Site Owner and you related to the Agreement shall be brought exclusively in the courts of the State of New South Wales and of the Commonwealth of Australia, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Contact Information
If you have any questions or concerns with respect to these Terms of Use or the Website you may contact us as identified in the Privacy Policy or the “Contact Us” section of this Website.
Additional Terms
Additional terms may govern certain features or content on the Website, such as offers, prize draws, competitions, contests and sweepstakes. By participating in any activity on the Website governed by additional terms, such as a prize draw, competition, contest or sweepstakes, you agree that you will be subject to those additional terms in addition to these Terms of Use.