McPherson’s Consumer Products Pty Ltd
Website Terms of Use
1. Terms of Use
These are the terms of use (Terms of Use) for your use of services or features on the sites owned and controlled by McPherson’s Consumer Products Pty Ltd ABN 36 000 020 495 (MCP), including akin.com.au, drlewinns.com.au, fusionhealth.com.au, happyfloaraaustralia.com.au, ladyjayne.com.au, manicare.com.au, maseur.com.au, orientalbotanicals.com.au and swisspers.com.au and other website names used from time to time (Websites).
In these Terms of Use, the words "we", "us" and "our" refer to MCP. These Terms of Use, which include the privacy policy apply to the Websites.
By using this Website you agree to accept these Terms of Use.
MCP agrees to grant you a non-exclusive, non-transferable licence to use this Website, including by accessing and viewing the material on this Website, in accordance with these Terms of Use.
We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. When you use this Website after the revision is posted you will be deemed to accept these Terms of Use as amended.
2. Content
MCP is either the owner or the licensed user of the copyright in the information and other content on this Website, accessible via this Website or sent to you as a result of you registering with this Website (Content).
Any comments or materials sent to us through this Website including feedback data, questions, reviews, comments and suggestions (Feedback), will be deemed to be non-confidential. Except to the extent that any applicable legislation provides otherwise, and subject in all cases to the terms of our privacy policy, MCP has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, MCP will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.
You grant MCP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the Feedback (and all intellectual property rights in the Feedback), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in the Feedback.
MCP reserves the right to remove any Content or Feedback from this Website at any time.
3. Orders
Once you have made your choice and your order for an item has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that MCP has received it.
By placing an order with MCP you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
Acceptance of your order and completion of the contract between you and MCP will occur when MCP emails you to confirm the goods have been dispatched and have been handed over to the designated carrier. The sale contract is concluded in New South Wales, Australia.
MCP reserves the right to refuse to process or refuse service to anyone at any time at MCP's sole discretion for any reason. MCP expressly prohibits purchases for resale and/or reselling any MCP items as part of any business (including any online business) unless agreed in writing by MCP. MCP reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.
To the extent permitted by law, MCP may reject an order due to incorrect prices or offers even if the order has been confirmed and a credit or debit card charged. If your credit or debit card is charged for the purchase and we cancel the order, we will notify you and credit your credit or debit card account for the amount charged.
Prices shown on the Website are in Australian Dollars (AUD) and are inclusive of GST unless stated otherwise. Prices are subject to change effective immediately upon posting to the Website or other form of notification.
4. Delivery
All orders are shipped from our Australian Warehouse. The delivery charge does not include any applicable importation charges, taxes and duties by customs in the country where the order is to be delivered if that country is a country other than Australia. You are responsible for such taxes and duties which are not included in the cost of delivery. Please check with your country’s customs service if you need more information.
Certain items cannot be shipped internationally. If you cannot add an item to your shopping cart, that item is not available for international shipping to the destination you have selected or is out of stock.
We may occasionally provide special offers and promotions waiving delivery charges in certain circumstances. We reserve the right to vary, cancel or extend special offers and promotions regarding delivery charges.
Delivery times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us, for which MCP will not be responsible.
5. Return and refund policy
All Brands Except Fusion Health® & Oriental Botanicals®
If you change your mind about items you have purchased from us, we will refund the purchase price subject to the following conditions:
- item(s) must be returned within 30 days of purchase, together with proof of purchase;
- item(s) must be unopened and unused with all original seals, labels and packaging attached; and
- gift cards, sale, clearance and seconds items are not eligible for a refund.
If you request a refund, the purchase price (excluding delivery charges) will be refunded to you using the original payment method once we have received the returned item back and confirmed that it meets the above conditions. You are responsible for any costs associated with returning the item to us including any currency conversion and/or local or international taxes.
Fusion Health® & Oriental Botanicals®
Please note all Fusion Health® & Oriental Botanicals® products must pass strict quality assurance and other scientific tests as outlined by the Australian Therapeutic Goods Administration. Fusion Health® & Oriental Botanicals® products are in perfect condition when they are dispatched from our warehouse. Therefore all products ordered through the Fusion Health® & Oriental Botanicals® websites are the responsibility of the recipient. There will not be any refund of products purchased on Fusion Health® & Oriental Botanicals® websites.
Products can be returned or exchanged only in the following circumstances.
- Damaged in transit
- Incorrect product shipped
- Faulty product
In these circumstances, products must be returned within 7 days of delivery.
Otherwise due to the health risks from tampering all products are considered to be sold on a “No Return Basis”. No refund or exchange will be given for:
- Change of mind
- Products that have been open or tampered with or are not in a resalable condition
- Incorrect orders made by the recipient
In the event a parcel is returned to sender the recipient is not entitled to a refund. If your order is returned to our warehouse due to the recipient unable to claim the package you will be required to pay the freight charge again.
PLEASE NOTE:
- We will not be held responsible if there is a delay in delivery.
- Customers will be responsible for the return shipping and handling charge.
- You need to send the original or a copy of the invoice with your order.
- In the event that your product is lost in transit, we will not be held liable and therefore recommend that you send all returns via Registered Post.
- We ask that you allow a minimum of 7 business days from the day you return your package for your account to be credited.
6. Gift Cards
MCP gift cards can only be redeemed on the following websites, akin.com.au, drlewinns.com.au, fusionhealth.com.au, happyfloraaustralia.com.au, ladyjayne.com.au, manicare.com.au, maseur.com.au, orientalbotanicals.com.au, sugarbabybeauty.com.au and swisspers.com.au. Our gift cards are not redeemable for cash or credit and must be used within 36 months of the date of issue. Gift cards cannot be exchanged, refunded or replaced.
7. Disclaimers
MCP has used reasonable efforts to make sure that the Content is accurate (including the colours of items), complete and up to date. The actual colours you see will depend on your monitor and may not be accurate.
You agree that, subject to any consumer guarantees set out in The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia that apply to your use of, and access to this Website:
- the Content is intended to be used only for background and information purposes and does not constitute professional advice;
- the Content has not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease;
- MCP does not guarantee that the Content is accurate, definitive, reliable, complete or up-to-date;
- MCP does not undertake to keep the Content updated;
- MCP does not accept responsibility for any loss suffered by you or any other person as a result of reliance by you or that person on the accuracy, reliability, completeness or currency of any of the Content;
- MCP makes no warranty or representation:
- that any files accessible on or via this Website or any server on which this Website are hosted are free of viruses, errors, defects;
- that this Website and any of the Content will be accessible to you on a continuous or uninterrupted basis; or
- that any viruses, errors or defects discovered to exist on our Website or the servers on which they are hosted will be corrected.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of products to avoid potential allergic reactions.
Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from this Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.
NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT. Information provided is not a substitute for medical advice and is for the purposes of general knowledge only. Always seek the advice of a qualified healthcare professional when starting any health or nutritional related treatment, continuing with medical treatment or with any questions you may have regarding any medical condition.
To the extent permitted by law MCP will not be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website.
8. Intellectual Property Rights
The Content is protected by copyright. Any reproduction, distribution, re-transmission, adaptation or modification of the Content, whether in electronic or hard copy form, without our express prior written consent is prohibited.
Some of the Content, and products, logos, technology and processes accessible via, or incorporated in, this Website may be protected by copyright or other intellectual property rights owned by third parties. You have no right to use any of those intellectual property rights except as expressly authorised by these Terms of Use.
9. Indemnity
You must indemnify and keep MCP (and its related corporate bodies, directors, officers, employees, agents and contractors) indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of this Website, your breach of any provision of these Terms of Use, or your breach of any rights of third parties.
10. Third Party Websites
This Website may contain links to other websites and social media platforms operated by third parties (Third Party Websites). MCP does not endorse, or approve any goods or services offered or provided by the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites (Third Party Material).
Subject to any applicable law which cannot be excluded, MCP makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or that Third Party Material does not infringe the intellectual property rights of any person. MCP is not authorising the reproduction of Third Party Material by linking this Website to Third Party Material. When you follow a link on this Website, material at a Third Party Website may be displayed in your browser framed by material on this Website. This framed material is also Third Party Material for the purpose of these Terms of Use. All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator.
MCP may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from this Website.
Your access to Third Party Websites may be governed by their own terms of use.
11. Your conduct when using this Website
You must not: take any steps to obtain unauthorised access to this Website or any parts of it that are not open to public access; disrupt or interfere with or make attempts to disrupt or interfere with this Website or any other user's enjoyment of this Website or Third Party Websites; or any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website; engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of this Website or Third Party Websites; use, copy or translate for commercial use; reproduce, adapt, vary or modify any material in any form in this Website without the prior written consent of MCP; use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of MCP; take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of this Website; reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with this Website.
You agree that you will not upload or otherwise provide any Feedback which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of this Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of this Website or otherwise breaches or encourages other users to breach these Terms of Use;
- violates any law, statute or regulation;
- forges or otherwise alters information to disguise the origin of any Feedback; or
- encourages or incites any other person to engage in any of the above behaviours.
12. Termination and suspension
MCP reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.
13. Applicable law
These Terms of Use are governed by and will be construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
14. Current Promotions
Click here to see the terms and conditions of current promotions.