Terms & Conditions

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Terms & Conditions

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Natureal Elements Terms and Conditions.

The following terms and conditions apply to users of the Natureal Elements website. By using this site, you accept and agree to these terms. We suggest that you carefully read the terms and conditions that are detailed below as this forms the basis of the sale agreement between you and Natureal Elements when you purchase goods from our website. Our purchase and shipping terms, refund and exchanges and our privacy policy form part of the Natureal Elements Terms and Conditions. If you proceed with your purchase, you are acknowledging that you have read and understood these terms and conditions Disclaimer Natureal Elements will not be held liable for any indirect, incidental, or significant damages or loss including but not limited to loss of income, loss of use, loss of property, loss of business or profits howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. To the extent permitted by law, Natureal Elements does not accept any liability for any damage or injury caused by the use or misuse of products purchased from Natureal Elements. To the extent that Natureal Elements may be held liable for a breach of a condition of the Australian Competition and Consumer Act 2010 (other than a condition or warranty implied by the Act), the maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question. Any transactions on this website and all legal aspects associated with this site will fall under the jurisdiction of the laws of Queensland, Australia

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Privacy Policy

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This is the privacy notice of Natureal Elements. In this document, “we”, “our” or “us” refer to Natureal Elements. We are an Australian business ABN: 23 657 586 265 registered in Australia Our registered office is at 69 Matthew Flinders Drive, Cooee Bay, Queensland, Australia. Introduction 1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information. 2. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately. 3. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them and will not accidentally fall into the hands of a third party. 4. We undertake to preserve the confidentiality of all information you provide to us, and hope you reciprocate. 5. Our privacy policy is governed by the Australian Privacy Principles under the Privacy Act 1988 (Cth). Our policy also complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR). 6. The law requires us to tell you about your rights and our obligations to you regarding the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org 7. Except as set out below, we do not share, sell, or disclose to a third party, any information collected through our website. The bases on which we process information about you ● The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category ● If the basis on which we process your personal information is no longer relevant, then we shall immediately stop processing your data. ● If the basis changes, then if required by law we shall notify you of the change and of any new basis under which we determined that we continue to process your information 1. Information we process because we have a contractual obligation with you When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contact is formed between you and us In order to carry out our obligation under that contract we must process the information you give us. Some of this information may be personal information. We may use it in order to: 1.1. Verify your identity for security purposes 1.2. Sell products to you 1.3. Provide you with our services 1.4. Provide you with suggestions and advice on products, service and how to obtain the most from using our website We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract. Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable. We shall continue to process this information until the contract between us ends or it is terminated by either party under the terms of the contract. 2. Information we process with your consent Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process that may be personal information. Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies. Sometimes you might give your consent implicitly, such as when you send us a message by email to which we would reasonably expect us to reply. Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website. If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates who we consider may provide services or products you would find useful. We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists. You may withdraw your consent at any time by instructing us to do so in writing at admin@naturealelements.com. However, if you do so, you may not be able to use our website or our services further. 3. Information we process for the purposes of legitimate interests We may process information on the basis there is a legitimate interest, either to you or to us, in doing so. Where we process your information on a basis, we do after having given careful consideration to: ● Whether the same objective could be achieved through other means ● Whether processing (or not processing) might cause you harm ● Whether you could expect us to process your data, and whether you would, consider it reasonable to do so. For example, we may process your data on this basis for the purpose of: ● Record-keeping for the proper and necessary administration of our business ● Responding to unsolicited communication from you to which we believe you would expect a response ● Protecting and asserting the legal rights of any party ● Insuring against or obtaining professional advice that is required to manage business risk ● Protecting your interests where we believe we have a duty to do so 4. Information we process because we have a legal obligation We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation. For example, we may be required to give information to legal authorities if they so request it or if they have the proper authorisation such as a search warrant or court order. That may include your personal information. 5. Information provided on the understanding that it will be shared with a third party Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people. Examples include: • posting a message our forum • tagging an image • clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it. We do not specifically use this information except to allow it to be displayed or shared. We do store it, and we reserve the right to use it in the future in any way we decide. Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at the time. Provided your request is reasonable and there is no legal basis for you to retain it, then at our discretion we may agree to request you to delete personal information that you have posted. You can make a request by contacting us at admin@naturealelements.com. 6. Complaints regarding content on our website We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published. If you complain about any of the content on our website, we shall investigate your complaint. If we feel it is justified or we believe the law requires us to do so, we shall remove the content while we investigate. Free speech is a fundamental right, so we have to make a judgment as to whose right is being obstructed: yours, or that of the person who posted the content to offend you. If we think your complaint is vexatious or without any basis, we shall not correspond with you about it. 7. Information relating to your method of payment Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it. At the point of payment, you are transferred to a secure page on the website of Paypal, Afterpay or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us. 8. Information about your direct debit When you agree to set up a direct debit arrangement, the information you give us is passed to our bank, The Commonwealth Bank of Australia, for processing according to our instructions. We do keep a copy. We keep this information only for the duration of the direct debit arrangement. We are registered under the direct debit guarantee scheme. This provides for the customer’s bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved originators of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks. 9. Sending a message to our support team When you contact us, whether by telephone, through our website or by email, we collect the data you have given to us to reply with the information you need. We record your request and our reply in order to increase the efficiency of our business. We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service. 10. Complaining When we receive a complaint, we record all information you have given us. We will use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is. We may also compile statistics showing information obtained for this source to assess the level of service we provide, but not in a way that could identify you or any other person. 11. Affiliate and business partner information This is information given to us by you in your capacity as an affiliate to us or as a business partner. It allows us to recognize visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you. The information is not used for any other purpose. We undertake to preserve the confidentiality of the information and of the terms of our relationship. We expect any affiliate or partner to agree to reciprocate this policy. Use of information we collect through automated systems when you visit our website 12. Cookies Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalized experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use. Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use. If you choose to not use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website. We use cookies in the following ways: 13.1. to track how you use our website 13.2. to record whether you have seen specific messages we display on our website 13.3. to keep you signed into our site 13.4. to record your answers to surveys and questionnaires on our site while you complete them 13.5. to record the conversation thread during a live chat with our support team 13. Personal identifiers from your browsing activity Requests by your web browser to our servers for web pages and other content on our website are recorded. We record information such as your geographical location, your internet provider, and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution. We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you. If combined with other information we know about you from previous visits, that data possibly could be used to identify you personally, even if you are not signed into our website. 14. Our use of re-marketing Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to send to you an advert for our products or services when you visit some other websites. We may use a third party to provide us with remarketing services from time to time. If so, then if you have consented to our use of cookies, you may see advertisements for our products and services on our website. Disclosure and sharing of your information 15. Information we obtain from third parties Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use. No such information is personally identifiable to you. 16. Third party advertising on our website Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them use technology that automatically collects information about you when their advertisement is displayed on our website. They may also use other technology such as cookies or JavaScript to personalize the content of, and to measure the performance of their adverts. We do not have control over these technologies or that data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties. 17. Credit reference To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to use without having provided an acceptable reason to us and given us the opportunity to refund their money. 18. Data may be processed outside Australia Our websites are hosted on an Australian server. We may also use outsourced services in countries outside Australia from time to time in other aspects of our business. Accordingly, data obtained within Australia or any other country could be processed outside Australia. For example, some of the software our website uses may have developed in the United States of America or in England. 19. Access to your personal information At any time, you may review or update personally identifiable information that we hold about you, by signing in to your account on our website. To obtain a copy of any information that is not provided on our website you may send us a request at admin@naturealelements.com . After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you. 20. Removal of your information If you wish us to remove personally identifiable information from our website, you may contact us at admin@naturealelements.com This may limit the service we can provide to you. 21. Verification of your information When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information. Other matters 22. Use of site by children • We do not sell products or provide services for purchase by children, nor do we market to children. • If you are under 18, you may use our website only with consent from a parent or guardian • We collect data about all uses of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children. • Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit. 23. Encryption of data sent between us We use secure sockets layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us. Whenever information is transferred between us, you can check that is it done using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar 24. How you can complain • If you are not happy with our privacy policy or if you have any complaint, then you should tell us by email our address is admin@naturealelements.com • If a dispute is not settled, then we hope you will agree to attempt to resolve it by engaging in good faith with us in the process of mediation or arbitration. • If you are in any way dissatisfied with how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office. 25. Retention period of personal data Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us: 1. to provide you with the services you have requested; 2. to comply with other law, including for the period demanding by our tax authorities; 3. to support a claim or defense in court. 27. Compliance with the law Our privacy policy has been complied to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we would like to hear from you. However, ultimately it is your choice as to whether you wish to use our website. 28. Review of this privacy policy We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records. If you have any questions regarding our privacy notice, please contact us.

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Return Policy

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Refund and Exchange Policy Refunds & Exchanges Refund requests Natureal Elements adheres to the Australian Consumer Law for consumer guarantees and returns. We check your products before posting to ensure they are not faulty, and every item is packaged with great care. If a package arrives damaged or not at all, please contact us immediately by email. Please do not return products without first contacting us. If you believe the product is faulty, please contact us. We generally do not offer refunds or a change of mind, but we are keen to help and may at our discretion. If you would like to request a refund, please email us with details of the product you wish to return and why. We will consider the request and confirm by return email (usually within 5 business days) whether a refund of the purchase price will be granted. If a refund is granted, we will provide you with our return postal details. Please then pack the products safely into a suitable box, address the parcel and post it back to us. Take care of the packaging of the items as we cannot take responsibility for any damage that occurs in return transit. Once we have received the parcel and verified that the items are processing your refund. Please allow 2-7 days for the refund to appear on your credit card in accordance with usual bank processing times. we reserve the right to refuse a refund request if we are not satisfied with the circumstances of the request, or if the foods are received by us in a condition that is not unused, undamaged, unwashed, and unworn, in the original, undamaged packaging and in as-new re-salable condition. Due to health safety regulations Skincare products and feminine hygiene products will not be refunded or exchanged unless the goods are received by us in a condition that is not unused (still sealed), undamaged, unwashed, and unworn, in the original, undamaged packaging and in as-new re-salable condition. Canceling your order If you wish to change your order or cancel it, please contact us as soon as possible. We will happily refund your payment or make changes if we haven’t already sent your order.

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Purchase & Shipping Terms

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Purchase and Shipping Terms Purchase Price All prices are in Australian Dollars (AUD) and include GST. We reserve the right to vary the prices displayed on the Website from time to time without notice. A transaction processing fee of 1.6% is added to the total of all purchases to cover the costs of online processing fees. Payment Our payment processing platform is Square, and all purchases made on our website or in-store are processed through here. To make things even more convenient for you we now also have the option of Afterpay. If you would prefer to pay via direct deposit, please email us your order and ask us to send you an invoice. Shipping Orders within Australia ● Postage and handling will be charged as a flat rate of $12.95. ● We aim to ship orders within 24 hours, however from time to time it can be up to 72 hours to have your order packages and dispatched. ● Within Australia your delivery will be received within 1-7 days. In more remote, regional, areas and WA this can take longer. Please allow up to 14 working days to receive an order. ● We use either Aramex or Australia Post and we will provide you with a tracking number once your order has been dispatched. ● Orders will be sent to the delivery address that you have submitted with your order. We cannot be held responsible if that delivery address is incorrect. Please note: We do not deliver to PO boxes. Overseas Orders Delivery overseas to select countries is available upon request. Please contact us with your order details and your postal address, to obtain a postage quote. We will only post your parcel via Registered or Express delivery. We use Paypal as a payment method for overseas orders and you will be sent a Paypal invoice for your order once your order and shipping rates have been approved. Shipping times overseas are estimated at between 10 to 21 days depending on your location and we will provide a more accurate estimate of delivery, at the time of placing your order. Loss & Damage ● Missing or non-delivered parcels need to be reported to us within 30 days within Australia and 60 days internationally ● It is your responsibility to contact us if an order is missing, incorrect or damaged. Please contact us immediately via email at admin@naturealelements.com ● If an order is lost in transit, damaged or incorrect, we may not send replacement items immediately. Replacement items will be dispatched at our discretion following our investigations. ● We are not liable for any loss or damage of items lost, stolen or damaged after they have been delivered. We will not be held liable for any loss or damage resulting from late delivery.

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