Lariese.com (the website) is an online service owned and operated by Lariese Pty. Limited T/A Lariese Purely Organic (ACN: 155 192 108) of 44 Perouse Road, Randwick, NSW, 2031, Australia (‘LARIESE’).Please read the following terms & conditions of use carefully before using this website. By visiting the website, you are deemed to have read and understood these terms & conditions of use, which shall form a legally binding agreement between you and LARIESE.

Lariese.com (the website) is an online service owned and operated by Lariese Pty. Limited T/A Lariese Purely Organic (ACN: 155 192 108) of 44 Perouse Road, Randwick, NSW, 2031, Australia (‘LARIESE’).

Please read the following terms & conditions of use carefully before using this website. By visiting the website, you are deemed to have read and understood these terms & conditions of use, which shall form a legally binding agreement between you and LARIESE.

LARIESE’S Satisfaction Guarantee – Terms and Conditions

1. LARIESE customers may be entitled to receive a full cash refund (“Refund”) on the terms set out in these terms and conditions if that LARIESE member:

(a) is not satisfied with the quality of the goods (or services) received pursuant to a purchase or special offer he/she has purchased or received on the LARIESE Website (“Offer”);

(b) is not satisfied that the goods (or services) provided by a third party merchant conformed with the terms and conditions for that offer;

(c) is not provided the goods or services by the merchant that the LARIESE member should have received pursuant to the terms of the Voucher, including circumstances where a merchant ceases to trade and enters bankruptcy or liquidation (as relevant).

2. A request for a Refund must be submitted via the form located on the contact page of the LARIESE Website or via email to LARIESE Customer Service (see contact us).

3. All LARIESE customers requesting a Refund will be required to provide a full account of their experience with the goods (and/or service) and full particulars as to (a) why they are not satisfied with the quality of the goods and services that are the subject of a purchase or special offer, and/or (b) why they are not satisfied that the goods or services provided by a third party conformed with the terms and conditions for that offer as published on the offer details and/or the LARIESE Website and/or (c) the circumstances surrounding the LARIESE or the third party merchant not providing the goods or services that should have been provided pursuant to the terms of the special offer (“Particulars”). In addition to Particulars, LARIESE members are encouraged to provide feedback on how LARIESE can improve its services to it’s customers.

4. LARIESE reserves the right to verify the validity and veracity of some or all of the Particulars at any time, including (but not limited to) by consulting with the relevant employee, third party or merchant responsible for fulfillment of the purchase or offer and/or by asking the LARIESE member for additional information or documentation.

5. Where LARIESE concludes that a complaint is invalid or that a LARIESE member’s Particulars are misleading, incorrect and/or deceptive, LARIESE reserves the right to refuse a Refund (in its sole discretion).

6. Where a LARIESE customer has previously received a Refund from LARIESE (including pursuant to these terms and conditions), LARIESE reserves the right to refuse a further request for a Refund made by that LARIESE member (in its sole discretion).

7. The value of the Refund will be the same as the purchase amount of the corresponding Order. The Refund will be paid directly into the bank account which the LARIESE member used to purchase the order.

8. LARIESE reserves the right to resolve a LARIESE member’s complaint and/or dissatisfaction with the goods (and/or services) provided by LARIESE or a third party or merchant via other means prior to paying any Refund to that LARIESE member, including (but not limited to) repairing or replacing any good and/or resupplying the relevant good or service that is the subject of the Voucher.

9. Any Refund provided to a LARIESE member is in no way an admission of guilt or liability by or on behalf of LARIESE or the admission of any other fact in connection with any act or omission which led to the request for a Refund being submitted by a LARIESE member.

10. LARIESE’s Satisfaction Guarantee policy may be amended or cancelled at LARIESE’s sole discretion.

 

  1. A.     USER AGREEMENT GOVERNING USE OF WEBSITE  

 

1. USER AGREEMENT

If you do not agree to the terms and conditions set out in these Terms & Conditions of Use, you must not use the Website.

2. AMENDMENTS TO TERMS & CONDITIONS OF USE

LARIESE reserves the right to amend, vary and/or replace these Terms & Conditions of Use at any time, and from time to time, at LARIESE’s sole discretion. Your continued use of the Website will be deemed to be your acceptance of any amendment, variation and/or replacement of these Terms & Conditions of Use.

3. ACCOUNTS

3.1 In order to have access to special offers, order tracking facilities and other useful functions of the website you must first create a registered account on the Website (‘Account’). Creating an Account will enable you to: (a) receive information and email communications from LARIESE relating to special offers and promotions, events and activities and many other member only perks; (b) track order history and current order status; (c) change your personal preferences, including with respect to your preferred e-mail address, billing and shipping address(es), credit card details and passwords; (d) view, otherwise receive notice of and print orders and invoices for what you have purchased; and (e) change newsletter subscriptions, view past product and service reviews on the website, add to or edit your wishlist and download any special voucher offers supplied to you.

3.2 When registering an Account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date.

3.3 LARIESE reserves the right to refuse registration of an Account (or to close an existing Account) where:

(a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner;

(b) you have breached these Terms & Conditions of Use;

(c) LARIESE considers refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; or

(d) you have an existing Account.

3.4 You are solely responsible for the activity that occurs on your Account and for keeping your Account log-in and password secure.

4. LEGAL CAPACITY

By making an order to purchase a product, you warrant to LARIESE that you are:

(a) eighteen (18) years of age or above; and

(b) entering into a legally binding contract with LARIESE with respect to that purchase.

5. UNAUTHORISED USE OF THE WEBSITE

5.1 You agree to use this Website only for purposes that are permitted by:

(a) these Terms & Conditions of Use; and/or

(b) any applicable laws or regulations.

5.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website.

5.3 You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from LARIESE (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of LARIESE.

5.4 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that LARIESE may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.

6. LIMITATION OF LIABILITY

6.1 Certain statutory warranties under consumer protection laws will be applied for your benefit. Nothing in these Terms & Conditions of Use is intended to exclude or restrict the application of such laws but LARIESE does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this Website outside these laws. Subject to claims available under consumer protection laws, neither LARIESE nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:

(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this Website;
(b) for disruptions to this Website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

6.2 For claims that cannot be excluded or restricted under consumer protection laws , the liability of LARIESE for such a claim will (at LARIESE’s option and to the extent permitted by law) be limited to:

(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and

(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.

7. INDEMNITY 

You will at all times indemnify, and keep indemnified, LARIESE and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by LARIESE arising from any claim, demand, suit, action or proceeding by any person against you or LARIESE where such loss or liability arose out of, in connection with or in respect of your use of the Website, your conduct and/or your breach of these Terms & Conditions of Use.

8. PRIVACY

8.1 The LARIESE Privacy Policy is incorporated into these Terms & Conditions of Use.

8.2 In the event the LARIESE business or company is sold to a third party, you grant LARIESE the right to transfer the personal information and other data and rights that LARIESE has collected from you to that third party, and LARIESE will not be required to obtain your prior consent or approval or to notify you of such a transfer.

9. WEBSITE INFORMATION

9.1 Any information that is published on the Website about particular goods and services is based on material supplied to LARIESE by Merchants, Scientific publications and other third parties. You agree that LARIESE will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from Merchants and other third parties.

9.2 You agree that you are responsible for:

(a) making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and

(b) assessing the suitability of goods (and services if stated) prior to you placing an order for a products relating to those goods (or services).

10. LINKS TO THIRD PARTY WEBSITES

Links to third-party websites are provided on the Website for convenience only. By clicking on a third-party link, you will leave the Website. LARIESE does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party website. Privacy and security policies on third-party websites may differ from those practiced by LARIESE. You should review the privacy policies and other terms of use of those third party websites to learn more about, what, why and how they collect and use any personally identifiable information.

11. GENERAL TERMS

11.1 Nothing in these Terms & Conditions of Use creates a partnership, employment relationship or agency relationship between you and LARIESE.

11.3 LARIESE will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions of Use if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation or other cause, event or circumstance outside LARIESE’s control which is not due to any lack of reasonable prudence or foresight.

11.4 Any provision of these Terms & Conditions of Use which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms & Conditions of Use read in full force and effect .

11.5 LARIESE’s failure to enforce any provision of these Terms & Conditions of Use will not be considered a waiver of its right to enforce such provision.

11.6 These Terms & Conditions of Use are to be interpreted in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

B. USER AGREEMENT GOVERNING LARIESE PROMOTIONAL ORDERS

1. PLACING ORDERS

1.1 For the avoidance of doubt, the promotion and/or publication of offers on the Website or within any email correspondence that you receive from LARIESE does not constitute an offer from LARIESE to sell you the promotion, the corresponding offer or the goods and services that are the subject of that offer. The promotion and/or publication of offers on the Website or within any email correspondence that you receive from LARIESE is an invitation to treat only.

1.2 By placing an order for a special offer, downloadable product (such as an event entry ticket) or by otherwise utilizing a promotional ‘discount code’ on the Website, you are making an offer and commitment to purchase a said offer on the offer-specific Terms and otherwise on the terms and conditions set out in these Terms & Conditions of Use.

1.3 LARIESE reserves the right to accept or reject your offer to purchase of a special offer for any reason (or no reason). In the event LARIESE cancels your order to purchase a special offer, LARIESE will charge-back the full purchase price to your credit card.

1.4 Once you have made an order to purchase products on the Website, you cannot cancel that order.

2. ISSUE OF ORDERS & INVOICES

2.1 Once you have placed your order for products (or services if applicable), you will receive a confirmation of your order (whether by email or via your Account) and your credit card will be charged for the purchase price of the products.

2.2 Products will only be released to you if full payment for those products has been received by LARIESE; and (b) the Minimum order amount or quantity has been met.

2.3 A downloadable product may take the form of a physical voucher, a unique code or a hyperlink and may be delivered to you via email, by post or may be downloadable on the Website via your Account.

2.4 LARIESE is not liable or responsible for any loss suffered as a result of a downloadable product not being received by you (including, without limitation, due to an email being blocked by a firewall or filter or where you have registered an incorrect email address).

3. CHARGE BACKS/NO REFUNDS

3.1 If you make an order to purchase products, and the Minimum order amount or quantity has not been met, LARIESE will charge-back the full purchase price to your credit card (if a charge has been made for the order).

3.2 You will not be to entitled to any consideration, credit or full or partial refund on the purchase price of an issued Coupon, except as required by law.

4. REDEMPTION OF SPECIAL OFFERS

You may redeem an offer that LARIESE issues to you with the relevant Merchant or Third Party in order to receive the good or service that is the subject of the associated special offer. The relevant Merchant, not LARIESE, is the provider of the product or service (unless specifically stated otherwise) and is solely responsible for honouring the terms of that special offer that is the subject of the offer you have received.

5. TERMS OF PURCHASE

5.1 You acknowledge and agree that your purchase of products (or services) from LARIESE may be subject to specific terms, conditions, rules and/or limitations (including, without limitation, any age/health restrictions and other eligibility terms attaching to a product (or service), the Minimum order quantity or amount for the Website (or relating to special offers), the expiration date for your redemption of the special offers with the relevant third party) (‘Offer Specific Terms’), which will be communicated to you on the Website prior to your aquirement of the special offer or downloadable product that is issued to you. To the extent there is any inconsistency between the offer-specific Terms and the Terms & Conditions of Use, the offer-specific Terms will prevail. By placing an order for a special offer or downloadable product on the Website, you agree that all offer-specific Terms will be legally binding on you in connection with that offer.

5.2 Unless otherwise stated in the offer-specific Terms or required by law, the following terms apply to all special offers, promotions or downloadable products (without limiting the other terms and conditions in these Terms & Conditions of Use):

(a)    special offers, promotional items, or downloadable products are not redeemable for cash or credit.

(b)    If, for any reason, you do not or cannot use a special offer, downloadable product or promotional item you have purchased in full, you will not be entitled to any consideration, credit or full or partial refund on the purchase price of that special offer, downloadable product or promotional item, except as required by law.

(c) LARIESE is not responsible or liable for your lost or stolen special offers, promotional items or downloadable products.
(d) The expiration date for a special offer is as printed on the offer and will be quoted on the Website. All special offers or downloadable products are deemed void after the published expiration date and will not be honoured by LARIESE or any applicable third parties. Expired promotional offers, items or downloadable products are non-refundable in whole or in part.
(e) Promotional offers, items or downloadable products may not, without the prior written consent of LARIESE, be resold or offered for resale, duplicated, used, traded or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services.

6. GENERAL TERMS OF SPECIAL OFFERS
6.1 All special offers, promotional items or downloadable products are subject to the relevant third party’s standard terms and conditions and policies. LARIESE will use its reasonable endeavours to advise you on the Website of any material terms and conditions and policies of the relevant third parties that will impact your ability to use or enjoy the goods or services on special promotional offer.

6.2 You agree that you are responsible for making your own reasonable enquiries with respect to the terms and conditions and policies that a third party may place on your use or enjoyment of the relevant goods or services on offer.

7. TERMS OF SPECIAL OFFERS – SERVICES 

7.1 All promotional offers relating to services provided by third parties are subject to availability and may require you to make a booking in advance directly with the third party. LARIESE cannot guarantee that services will be available to you at your preferred date or time.

7.2 You agree that any booking you make with a Merchant may be subject to that Merchant’s separate terms and conditions or policies.

7.3 If you cancel a service booking you have made directly with a Merchant, the Merchant may charge you a cancellation fee (which may include invalidation or cancellation of your ability to redeem the relevant Coupon).

8. TERMS OF SPECIAL OFFERS – PRODUCTS
For special offers relating to products provided by third parties, you may be required to collect the relevant product from a specified location or to pay a fee to have the product delivered to your delivery address.

9. LIMITATION OF LIABILITY
9.1 Certain statutory warranties under consumer protection laws will be applied for your benefit. Nothing in these Terms & Conditions of Use is intended to exclude or restrict the application of such laws but LARIESE does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to a product, promotional item, downloadable product, or special offer and/or the goods and services that are the subject of a special offer outside these laws. Subject to claims available under consumer protection laws, neither LARIESE nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with a purchase, promotional item, downloadable product or special offer and/or the goods and services that are the subject of that special offer.

9.2 For claims relating to a purchase, a special offer and/or the goods and services that are the subject of a special offer that cannot be excluded or restricted under consumer protection laws , the liability of LARIESE for such a claim will (at LARIESE’s option and to the extent permitted by law) be limited to:

(a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and

(b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.