TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of www.thelowtoxfactory.com.au (the
“Site”). The site is owned and operated by The Low Tox Factory. This site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of The Low Tox Factory and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our site.
Acceptable Use
As a user of our Site, you agree to use our site legally, not to use our Site for illegal purposes, and not to:
• Harass or mistreat other users of our Site;
• Violate the rights of other users of our Site;
• Violate the intellectual property rights of the Site owners or any third party to the Site.
• Hack into the account of another user of the Site;
• Act in any way that could be considered fraudulent;
• Post any material that may be deemed inappropriate or offensive; or
• Transmit computer viruses that could affect other users.
If we believe you are using our site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Sale of Goods
These Terms and Conditions govern the sale of goods available from our Site. The following goods are available on our Site:
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Bulk powders used for Low Tox DIY cleaning products;
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Bulk Low Tox cleaning products used for home and family;
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Low Tox Lifestyle products as in but not limited to, sunscreens;
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Low Tox baby and children items as in but not limited to, baby wipes, creams, paints, crayons; and
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Aromatherapy accessories. These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However we are not legally bound by such information, descriptions, or images as
we can not guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary . If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Payments
We accept the following payment methods on our Site;
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Credit Card;
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Pay Pal; and
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Direct Debit.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. Shipping and Delivery When you purchase goods from our Site, the goods will be delivered through one of the following methods:
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Standard delivery by Aus Post takes 5 - 7 days;
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*Free local delivery to certain areas on certain days, please enquire when placing an order.
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Local LGA Central Coast Delivery to other areas with a flat rate fee of $5.00; and
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Pick up is possible from our Head Office at The Entrance North at a prearranged time.
Please note COVID 19 may impact your delivery. Please be aware this is out of our control and we apologise for any inconvenience this may cause.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays. You will be required to pay delivery charges in addition to the price for the goods you purchase. You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information. Refunds
Refunds for Goods Refund requests must be made within 7 days after receipt of your goods.
We accept requests for refunds for goods sold on our Site for any of the following reasons:
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Good is broken: or
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Good does not match description. Refunds do not apply to the following goods:
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For change of mind;
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Sale items; and
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If goods have been used, opened or tampered with.
As a small business we are unable to offer refunds for change of mind, we hope you understand. Refunds will be offered on faulty or incorrect items provided they are returned in the original packaging, unused and in the same condition that you received them. Postage is at the cost of you, the customer.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Please include a copy of your receipt or invoice number and any photo’s or information relevant to your return. Once we receive the goods we will inspect them to determine if a refund will be considered and you will be notified of the outcome by email. If you are eligible for a refund this will be given as a credit note to use in store.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under under that legislation.These Terms and Conditions will be read subject to the mandatory provisions of the legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
The Low Tox Factory and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless The Low Tox Factory and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of New South Wales.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concern. Our contact details are as follows:
Email; thelowtoxfactory@gmail.com
3 Dunleith St, The Entrance North NSW 2261
You can also contact us through the feedback form available on our site.
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Privacy Policy
Type of website: Ecommerce
Effective date: 17th day of October 2021
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www.thelowtoxfactory.com.au (the “site”) is owned and operated by Belinda and Jade Pollock . The Low Tox Factory can be contacted at :
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thelowtoxfactory@gmail.com
3 Dunleith St The Entrance North NSW 2261
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Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our site of the following:
1. The personal data we will collect;
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2. Use of collected data;
3. Who has access to the data collected;
4. The rights of Site users; and
5. The site’s cookie policy.
This Privacy Policy applies in addition to the terms and conditions of our Site.
Consent
By using our Site users agree that they consent to:
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The conditions set out in this Privacy Policy; and
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The collection, use, and retention of the data listed in this Privacy Policy.
Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.
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Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information;
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IP Address;
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Location; and
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Content viewed.
Data Collected in a Non-Automatic Way
We may collect the following data when you perform certain functions on our site;
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First and last name;
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Email address;
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Phone number;
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Address; and
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Payment information.
This data may be collected using the following methods;
1. When purchasing something from our store, as part of the buying and selling process.
How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.
The data we collect automatically is used for the following purposes;
1. Statistics.
The data we collect when the user performs certain functions may be used for the following purposes;
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Communication; and
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Email marketing (if applicable): with your permission we may send emails about our store, new products and
other updates.
Who We Share Personal Data With
Employees
We may disclose user data to any member of our organisation who responsibly needs access to user data to achieve the purposes set out in this Privacy Policy.
Other Disclosures
We will not sell or share your data with other third parties, except in the following cases;
1. If the law requires it;
2. If it’s required for any legal proceedings;
3. To prove or protect our legal rights; and
4. To buyers or potential buyers of this company in the event we seek to sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies or practices.
How Long We Store Personal Data
Users data will be stored until the purpose the data was collected for has been achieved.
You will be notified if your data is kept for longer than this period.
How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee’s termination.
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
Children
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a childminder 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.
How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we collected your personal data, how we used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, or if you would like your data to be deleted modified in any way, please contact our privacy officer here:
Cookie Policy
A cookie is a small file, stored on a user’s hard drive by a website. Its purpose it to collect data relating to the user’s browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience.
We use the following types of cookies on our Site:
1. Third-Party Cookies
Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the
following purposes:
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To help us remember and process items in your shopping cart;
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Understand and save user’s preferences for future visits; and
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Keep track of advertisements.
Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.
Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, at: