Terms of service

These Terms and Conditions apply to the Ordering, purchase and delivery of Goods from the
Website, and form a contract between you and Lorrie & Vesna Di Cicco T/as Natures 28
(“Natures 28”) (“Terms and Conditions”).
These Terms and Conditions contain important information about the Ordering, processing and
delivery of Goods, including limitation of liability.

1 Definitions and Interpretation
1.1 Definitions
‘Natures 28’ means L & V DiCicco t/as Natures 28 or its related body corporate;
‘Business Day’ means a day on which banks open for trading in Perth Western Australia excluding Saturdays, Sundays and public holidays; ‘Buyer’ means you as the purchaser of Goods from Natures 28 pursuant to these Terms and Conditions;
‘Delivery Address’ means the address to which the Goods are to be delivered as stated on the Order form on the Website.
‘Delivery Agent’ means any nominated third-party delivery or shipping company engaged by Natures 28.
‘Delivery Fee’ means the fees charged by the Delivery Agent of Natures 28 for the delivery of Goods.
‘Goods’ means the items offered for sale on the Website;
‘Order’ means a request by the Buyer to purchase Goods from Natures 28 under these Terms and Conditions through the Website;
‘Personal Information’ has the meaning given in the Privacy Act 1988 (Cth);
‘Price’ means the purchase price of each individual Good, as specified on the Website;
‘Tax’ means any goods and services tax, value added tax, or other taxes, import fees, duties,
tariffs, or other imposts or charges which may be payable in relation to the Buyer’s Order.
‘Terms and Conditions’ means the Terms and Conditions outlined in this document.
‘Website’ means the website available from www.natures28.com.au


‘Website Terms and Conditions’ means the Website Terms and Conditions governing your
use of the Website in addition to these Terms and Conditions. View the Website Terms and
Conditions at: https://www.natures28.com.au

2 Terms and Conditions of sale
The Goods are sold by the Natures 28 on these Terms and Conditions. The Buyer will be
bound by these Terms and Conditions each time it submits an Order. Each Order the Buyer
places will be a separate contract between the Buyer and Natures 28 for the supply of Goods.

3 Placing Orders for Goods
(a) The Buyer agrees that all Goods purchased under these Terms and Conditions and
Conditions are intended for personal non-commercial use only and will not be re-sold.
(b) Natures 28 will not be liable to the Buyer, for loss the Buyer or any third party suffers, for a
delay or failure to process the Order or deliver Ordered Goods, due to inaccurate or
incomplete details provided in an Order.
(c) The Buyer agrees to obtain consent to provide Natures 28 with Personal Information of
recipients of gifts or Goods Ordered by the Buyer.
(d) The Buyer may Order from Natures 28 if the Buyer is aged 18 years or over and has an active
email account or a telephone number at which the Buyer can be contacted.
(e) In completing the electronic Order form, the Buyer agrees to provide complete and accurate
information as to the Buyer’s personal details (or those of the Buyer’s nominated recipient for
gifts) to enable the processing and delivery of the Buyer’s Order. This information will also
be used by the Delivery Agent to fulfil your Order. Without limitation, if the Buyer provides
inaccurate shipping details in an Order, Natures 28 is under no obligation to resend the Order
if it is shipped to the address provided in the Order and if the Order is not subsequently
returned to Natures 28.
(f) Natures 28 reserves the right to accept or decline, in whole or in part, any Order for Goods
placed by the Buyer.
(g) If the Buyer places consecutive or separate Orders, Natures 28 reserves the right not to
consolidate the Buyer’s Orders. If Natures 28 does not consolidate the Buyer’s Orders, a
separate Delivery Fee will apply to each Order.
(h) Natures 28 reserves the right to accept or reject an Order for any reason at any time. If
Natures 28 rejects the Buyers Order; the Buyer will receive a refund of any money paid for
the subject Ordered Goods.
(i) The Buyer’s Order becomes a sale when the Buyer’s Order is dispatched and Natures 28
issues the Buyer a tax invoice.
(j) Unless otherwise specified, all Prices are inclusive of GST.
(k) Natures 28 accepts the following payment method;
a. Credit and Debit
(l) If the Buyer processes a payment for an Order using either credit or debit card Payment
method, as listed above.
(m) Unless otherwise specified, there will be no delivery charges for standard shipping
worldwide of each accepted Order, where such Order has a total value of more than AUD
$85.00 (inclusive of GST and any other taxes). Delivery charges will apply to each
accepted Order of a total value of AUD $84.99 (inclusive of GST and any other taxes) or
less, or an accepted Order with a total value of more than AUD $85.00 ( inclusive of GST
and any other taxes ) where any delivery option other than standard shipping is requested.
For example: Express post within Australia, shipping or express courier for International
deliveries. For all delivery options including standard shipping within Australia whether
provided to you with or without charges, you will continue to be liable for any insurance,
tax, tariff or duty where applicable.
(n) The Price does not include costs incurred by Natures 28 arising out of late notification by the
Buyer of a change to the Delivery Address or time of delivery. Any queries regarding items
shown on tax invoices issued by the Natures 28 in relation to the Ordered Goods shall be
lodged by the Buyer with Natures 28 within 48 hours of receipt of the Ordered Goods by the
Buyer.

4 Availability of Goods
(a) From time to time, some Goods may be out of stock or are unavailable and Natures 28 may
not be able to fulfil all or part of the Buyer’s Order. If this occurs, Natures 28 will refund the
Buyer the Price paid by the Buyer for the Ordered Goods impacted.
(b) Natures 28 may withdraw or suspend from sale any Good displayed on the Website, either
temporarily or permanently, at any time. Natures 28 will not be liable to the Buyer for any
loss the Buyer or any third party suffers as a result of a withdrawal or suspension of sale of
any Goods.
(c) Where Goods, which are the subject of an Order, have been withdrawn or suspended from
sale and the Buyer’s payment for the Good/s has already been processed, Natures 28 will
refund the Buyer the Price paid for the Ordered Goods impacted.
(d) Natures 28 reserves the right not to honour any incorrect offers represented on the Website
made by genuine human or system error.
(e) If the Order is affected by a genuine error (including in a description, an image or a price or
incorrect offers represented on the Website), Natures 28 reserves the right to cancel the Order
and refund any money paid for the Goods the subject of the Order. If applicable, Natures 28
will proceed to fulfil the remainder of the Order in accordance with these Terms and
Conditions. If the Buyer is not satisfied with the partial fulfilment of the Order, the Buyer can
return the entire Order to Natures 28, provided the Goods are undamaged and unopened.


(f) Without limitation, due to legal and other restrictions applicable for Orders placed for
international delivery, some of Natures 28 products may not be available for delivery to
certain locations outside of Australia. Natures 28 retains the right to determine what it can and
cannot deliver to any particular location.
(g) The Buyer acknowledges and agrees:-
(i) All pictures and images of Goods displayed are for illustrative purposes only; and
(ii) Any accessory featured with the Goods is for illustrative purposes only and may be
sold separately.

5 Shortage, Defects, Inaccuracies and Specifications
(a) The Buyer shall check all Goods received immediately upon receiving them and shall notify
Natures 28 ( ??????.com ) in writing of any inaccuracies or short supply of Goods or any
damage or defect in Goods or failure of Goods to comply with these Terms and Conditions or
any applicable Laws within fourteen (14) Business Days of the date of delivery of the Goods.
(b) Subject to the Australian Consumer Law and any other applicable Law, if the Buyer does not
notify Natures 28 ( customercare@????.com ) in writing within fourteen (14) Business Days
of the date of delivery, Natures 28 will not be responsible for any loss or damage whatsoever
and howsoever caused arising out of or resulting from such inaccuracies, or short supply of
Goods, or damage or defect in Goods or failure of Goods to comply with these Terms and
Conditions.
(c) Unless inconsistent with the Australian Consumer Law, all particulars of weights and
dimensions of the Goods are approximate only and any deviation from any of these things
does not vitiate any contract with Natures 28 or form grounds for any claim against Natures
28.

6 Delivery
(a) Natures 28 uses Delivery Agent’s to deliver Goods. The Buyer agrees to the Buyer’s details,
including Delivery Address, being supplied to the Delivery Agent for the purpose of
Delivering the Buyer’s Goods.
(b) The Buyer should refer to the Shipping Options on the Website for the applicable Delivery
Fee of the Goods.
(c) The delivery times made known to the Buyer are estimates only and Natures 28 shall not be
liable for late delivery or non-delivery.
(d) Natures 28 reserves the right to arrange delivery by any means in its absolute discretion.
However, if the Buyer has requested a particular method of delivery, then Natures 28 shall
endeavour to utilise that method of delivery, if it is available.
(e) Delivery of the Ordered Goods will take place at the Delivery Address specified by the
Buyer during the Order process. The Buyer will need to submit separate Orders for Goods
where the Buyer requires multiple delivery destinations.
(f) Where the Buyer does not collect the Goods from the location specified on the delivery
calling card within the time required of a failed delivery, the Buyer must contact Natures 28
customer care, for further information with respect to claiming the Order.


If Goods are required to be redelivered, the Buyer will be required to pay any associated fees
for redelivery.
(g) The Buyer warrants to Natures 28 that any nominated representative receiving the Goods on
behalf of the Buyer at the nominated Delivery Address is duly authorised to do so by the
Buyer.
(h) Natures 28 may at its option deliver the Goods to the Buyer in any number of instalments.
(i) If Natures 28 delivers any of the Goods by instalments, and any one of those instalments is
defective for any reason:
(i) this does not constitute a repudiation of the contract of sale formed by these Terms and
Conditions; and
(ii) the defective instalment is a severable breach that may give rise only to a claim for
compensation.
(j) The Buyer or the Buyer’s representative may be required to sign a delivery form to confirm
acceptance of delivery. If the Buyer or the Buyer’s representative refuses to sign the delivery
form, this will be taken as refusal to accept delivery. Where redelivery is required due to
refusal to accept delivery, the Buyer will be required to pay additional delivery fees.
(k) If Goods are required to be redelivered to the Buyer, for any reason caused by the Buyer
(including the Buyer providing an incorrect delivery address or refusing to accept delivery),
the Buyer shall pay any associated fees for redelivery within 14 days of demand by Natures
28. Such fee for redelivery, repackaging and handling shall be $17.00 (GST inclusive) per
parcel or such other amount as decided by Natures 28 acting reasonably from time to time.
For the sake of clarity, this redelivery fee covers, the cost of return of Goods to Natures 28
and subsequent redelivery to the Buyer. Payment of redelivery fees is to be made to: Natures
28, BANK DETAILS NEEDED to accounts@Natures28.com.au; Should the Buyer fail to
pay such redelivery fees within 14 days of demand by Natures 28, the relevant Goods shall be
deemed abandoned and title ownership shall belong to Natures 28, in which event Natures 28
shall refund the Price of those Goods less any sum initially charged for shipping (GST
inclusive) per parcel that was initially delivered (or to which delivery was attempted). The
Buyer acknowledges and agrees this sum is reasonable to compensate Natures 28 for its initial
attempted delivery costs.

7 Payment
(a) When the Buyer places an Order, Natures 28 will charge the Buyer and the Buyer agrees to
pay the Price specified on the Website and any applicable Delivery Fee.
(b) The Price in respect of each Good is specified on the Website and is dependent on the
nominated delivery address being correct.
(c) Prices are displayed in Australian Dollars. Where a delivery address within Australia has been
nominated, the Price includes Australian GST (currently 10%). Where a delivery address
outside Australia has been nominated, additional Taxes may be payable by the Buyer as
levied by authorities in the country of delivery upon importation to that country. If goods are
over the relevant country’s threshold and customs entry is required, there may be additional
administration charges from the Delivery Agent handling customs clearance.
(d) The Buyer will be charged the Price in Australian Dollars regardless of the delivery location.
Any currency conversion fees or rates used to determine the amount the Buyer pays for the


Goods is determined by the Buyer’s credit card provider, Natures 28 is not liable for any
difference between the Price quoted on the Website and the actual amount charged to the
Buyer for the Goods as determined by the fees and conversion rate used by the Buyer’s credit
card provider,
(e) Natures 28 reserves the right to change or alter Prices without notice to the Buyer. If the
Buyer has already submitted an Order at a particular Price, Natures 28 will supply the Goods
and that price (unless the Buyer’s Order is affected by a pricing error, in which case cause 4
shall apply).
(f) Payment method is specified on the Website. This is via credit card. The name on any credit
card used for payment must match the name of the Buyer on the Order. Cash and cheque
cannot be used as a payment method for any purchases from Natures 28, including Orders.
(g) Any payment for an Order must be cleared by Natures 28 before Goods are dispatched. If the
Buyer’s payment cannot be processed, the Order will be rejected and the Buyer will be
notified by direct email to the Buyer. If a credit card payment cannot be processed the Buyer
should contact the Buyer’s card issuer to try to resolve the problem.
(h) In paying or attempting to pay for Goods, the Buyer agrees that the Buyer has not engaged in
any fraudulent conduct or contravened any Law.

6 Title and Risk
(a) Risk and title in the Goods pass to the Buyer on the date and time of delivery of the Goods
by Natures 28 to the Delivery Agent.

7 Cancellation and Returned Goods
(a) Unless provided for under these Terms and Conditions or as otherwise agreed by Natures 28,
no Order may be cancelled or varied by the Buyer once accepted by Natures 28 except with
the written consent of Natures 28.
(b) If Natures 28 cannot contact the Buyer about the Buyer’s Order using the contact details
provided in the Order, after having made reasonable attempts to contact the Buyer, Natures 28
may elect to cancel the Order and refund any money paid for the Goods the subject of the
Order.
(c) Delivery Fees will not be refunded if the Goods are returned for change of mind or an
incorrect selection;
(d) If the original payment for the Ordered Goods was made on a credit card then refunds will be
processed on the same card as the original payment was first made.
(e) Except for any provisions to the contrary contained in these Terms and Conditions or at Law,
Natures 28 is not under any duty to accept Goods returned by the Buyer. Natures 28 will do so
only on Terms and Conditions to be agreed on in writing, in each individual case.
(f) If Natures 28 agrees to accept returned Goods from the Buyer under clause 9(e) of these
Terms and Conditions, the Buyer must return the Goods to Natures 28 at Natures 28’s
principal place of business or nominated address and must pay any applicable delivery costs.


10 Default and Indemnity
(a) Natures 28 may, at its discretion, terminate these Terms and Conditions for the supply of
Goods to the Buyer:-
(i) For convenience, at any time, on giving notice to the Buyer;
(ii) Immediately if Natures 28 reasonably believes the Buyer has breached these Terms and
Conditions and;
(A) that the breach is not capable of remedy; or
(B) if the Buyer has been provided with notice of the Breach, and the Buyer has failed to remedy
that breach within fourteen (14) days (where the breach is capable of being remedied).
(b) The Buyer will be in default of these Terms and Conditions if the Buyer:-
(i) fails to pay any money owing by the Buyer (or its related body corporate) under these Terms
and Conditions to Natures 28, by the due date;
(ii) fails to comply with any other obligation under these Terms and Conditions;
(iii) if the Buyer enters into any composition or arrangement with the Buyer’s creditors or has an
administrator or a receiver appointed over any of the Buyer’s assets or is the subject of any
resolution or petition for winding up or judicial management (other than for the purpose of
amalgamation or reconstruction),or the Buyer commits an act of bankruptcy.
(c) Without limitation to any other rights of Natures 28 at Law or in accordance with these Terms
and Conditions, in the event of any default by the Buyer, the Natures 28 may do any one or
more of the following:-
(i) terminate these Terms and Conditions;
(ii) refuse to provide any further Goods to the Buyer (other than if required by the Australian
Consumer Law);
(iii) recover from the Buyer any loss suffered by Natures 28 (including expectation loss if
applicable) as a result of the Buyer’s default; and
(iv) exercise any of Natures 28’s other legal rights.
(d) Termination of these Terms and Conditions does not affect any party’s accrued rights before
termination;
(e) If Natures 28 terminates these Terms and Conditions as a result of the Buyer’s breach,
Natures 28 may recover, in addition to any other right at Law, from the Buyer in addition to
damages and amounts recoverable apart from this clause:-
(i) Any amounts due and unpaid under these Terms and Conditions as at the date of termination;
(ii) any other amount necessary to compensate Natures 28 as a direct or indirect result of the
Buyer’s default and Natures 28’s termination of these Terms and Conditions, including, but
not limited to costs and expenses incurred by Natures 28 (including legal costs on an
indemnity basis) in relation to the Buyer’s default.
(f) If Natures 28 breaches these Terms and Conditions, the Buyer must give a notice to Natures
28 specifying the breach and allow Natures 28 a reasonable time in which to remedy the
breach.
(g) The Buyer agrees to indemnify Natures 28 (including its related companies, its directors,
officers, employees, agents and contractors) for any loss or damage any of the foregoing
suffer if the Buyer breaches these Terms and Conditions.


11 Limitation of Liability
(a) Subject to clause 11(b) and to the extent permitted by the Australian Consumer Law and
relevant state legislation or other Law, the sole obligation of Natures 28 under these Terms
and Conditions is to use reasonable endeavours to provide the Goods (unless Natures 28 has a
right under these Terms and Conditions not to provide the Goods). Natures 28 will not be
liable for any other claims or damages including, but not limited to, claims for negligent or
misleading advice, damages arising from loss or use of the Goods, loading, unloading or
delivering the Goods, removal of defective Goods, defect in the Goods by any person and any
indirect, special or consequential damages or injury (including personal injury) to any person,
corporation or other entity.
(b) If any Goods supplied under these Terms and Conditions are supplied to the Buyer as a
“consumer” of goods or services within the meaning of that term in the Australian Consumer
Law (as amended) or relevant state legislation, the consumer will have the benefit of certain
non-excludable rights and remedies in respect of the goods or services. Nothing in these
Terms and Conditions excludes or restricts or modifies any condition, warranty, right or
remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred.
If the product is a product not ordinarily acquired for personal, domestic or household use or
consumption, under section 64A of the Australian Consumer Law and similar provisions of
relevant state legislation, Natures 28 limits its liability to payment of an amount equal to the
lowest of:
(i) the cost of replacing the Goods or supplying equivalent goods;
(ii) the cost of repair of the Goods;
(iii) the cost of having the Goods repaired or replaced.
(c) Subject to clause 11(b), Natures 28 is not liable for default or failure in performance of its
obligations pursuant to these Terms and Conditions resulting directly or indirectly from acts
of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions,
earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts,
components, materials including ink, chemicals and paper, labour or transportation or any
other cause beyond the reasonable control of Natures 28.
(d) Subject to clause 11(b), and notwithstanding any other provision of these Terms and
Conditions, Natures 28 has absolute discretion to refuse to supply Goods to the Buyer
(without liability to the Buyer), where:
(i) Goods are unavailable or insufficient for any reason whatsoever;
(ii) The Buyer or a related body corporate of it has breached a contract with Natures 28 or a
related body corporate of it including these Terms and Conditions; or
(iii) the Natures 28 considers it necessary or desirable to do so for any reason at all.
(e) Except as provided in these Terms and Conditions, all express and implied warranties,
guarantees and conditions under statute or general law as to merchantability, description,
quality, suitability or fitness of the Goods for any purpose are expressly excluded. Subject to
clause 11(b), Natures 28 is not liable for physical or financial injury, loss or damage or for
consequential loss or damage of any kind arising out of the supply of the Goods or arising out
of Natures 28’s negligence or in any way.
(f) The Buyer represents and warrants to Natures 28 that Natures 28 will not be liable for any
expense or injury (including direct loss such as loss of revenue, profits, anticipated savings,
goodwill or business opportunity, injury to representation) in contract, tort, under statute or
otherwise, howsoever caused including arising directly or indirectly from or in connection
with these Terms and Conditions.
(g) Natures 28’s liability to the Buyer for loss or damage of any kind arising out of these Terms
and Conditions will be reduced or limited to the extent (if any) that the Buyer causes or
contributes to the loss or damage.

12 Privacy
(a) Natures 28’s third-party providers of advertisements and content may collect location and
other information such as URL or advertisement the Buyer came from or linked to, IP
address, browser type, and pages the Buyer visited from the Website etc. (even if you do not
register to the Website).
(b) Unless otherwise indicated by the Buyer at the time of placing the Order, Natures 28 may
send the Buyer marketing information. The Buyer can opt out of receiving the marketing
information by contacting a representative of Natures 28;
(c) Natures 28 reserves the right to conduct and implement fraud detection processes, including
without limitation to validating the Buyer’s credit card details.

13 Miscellaneous and Interpretation
(a) These Terms and Conditions will be governed by and construed in accordance with the law
applicable in Perth Western Australia. The parties irrevocably and unconditionally submit to
the jurisdiction of the Courts of Perth Western Australia and all Courts having jurisdiction in
appeal from the Courts of Perth Western Australia;
(b) These Terms and Conditions supersede all previous agreements in respect of the Ordered
Goods and embodies the entire agreement between Natures 28 and the Buyer in respect to its
subject matter. Natures 28 reserves the right to amend these Terms and Conditions without
notice.
(c) The Buyer must not assign or permit a third party to obtain the benefit of its rights and
interests under these Terms and Conditions. Natures 28 may assign or permit a third party to
obtain the benefit of its rights and interests under these Terms and Conditions;
(d) If any provision of these Terms and Conditions is void, voidable, unenforceable, or illegal in
its Terms and Conditions, but would not be void, voidable, unenforceable or illegal if it were
read down and, it is capable of being read down, that provision will be read down
accordingly.
(e) If, notwithstanding clause (d) above, a provision is still void, voidable, unenforceable or
illegal: -
(i) if the provision would not be void, voidable, unenforceable or illegal if a word or words were
omitted, that word or those words are severed; and
(ii) in any other case, the whole provision is severed, and the remainder of these Terms and
Conditions will be of full force and effect.
(f) Any provision in these Terms and Conditions which is prohibited or unenforceable in any
jurisdiction will, as to such jurisdiction, be ineffective to the extent of that prohibition or
unenforceability without invalidating the remaining provisions or affecting the validity or
enforceability of that provision in another jurisdiction.
(g) These Terms and Conditions will be binding upon and inure to the benefit of the parties and
unless repugnant to the sense or context, to their respective administrators, personal
representatives, successors and permitted agents and assigns.
(h) In these Terms and Conditions except to the extent that the context otherwise requires:
(i) any term defined in the statement of the names and descriptions of the parties has the meaning
there defined;
(ii) reference to legislation or a provision of legislation includes change or re-enactment of the
legislation, or a legislative provision substituted for, and legislation and statutory instruments
and regulations issued under the legislation;
(iii) words denoting the singular include the plural and vice versa;
(iv) headings are for convenience only and will not affect interpretation;
(v) reference to a clause or paragraph is a reference to a clause or paragraph of these Terms and
Conditions;
(vi) reference to a document or these Terms and Conditions includes reference to that document,
or these Terms and Conditions as changed, notated or replaced from time to time;
(vii) words denoting any gender include all genders;
(viii) where a word or phrase is given a definite meaning in these Terms and Conditions as a part of
speech, or other grammatical form for that word or phrase, has a corresponding meaning;
(ix) reference to an amount of money is a reference to the amount in the lawful currency of the
Commonwealth of Australia;
(x) where the day on or by which anything is to be done is a Saturday, a Sunday or a public
holiday in the place in which that thing is to be done, that thing will be done on the next
succeeding Business Day.