This Agreement contains the terms and conditions that apply to your purchase from www.asyana.com.au and its legal entity Asyana Pty Ltd (“ASYANA”) that will be provided to you (“Customer”) on orders for products. Please read this agreement very carefully. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in ASYANA’s sole discretion.
1. Governing Law: this agreement and any sales there under shall be governed by the laws of Australia, without regard to conflicts of laws rules.
2. Payment Terms: Terms of payment are within ASYANA’s sole discretion, and unless otherwise agreed to by ASYANA, payment must be received by ASYANA prior to ASYANA’s acceptance of an order. Payment for the products will be made by credit card (Visa or Mastercard). ASYANA, purchase orders will not be processed until payment is received and approved. If a credit card is declined constantly we reserve the right to charge administration fees as much time is spent phoning customers and orders are delayed. ASYANA cannot be held responsible for orders being delayed by incorrect information or declined credit cards. ASYANA may invoice parts of an order separately. Any quotations given by ASYANA will be valid for the period stated on the quotation.
3. Secure Online Transactions: Any transaction on our website is secure. It uses SSL encryption, which is an Internet standard and encrypts all of your details. You can validate the security of your transaction by viewing the secure padlock that appears on your screen when you check out items in the shopping cart.
4. Orders: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. ASYANA (www.asyana.com.au) reserves the right at any time after receipt of your order to accept or decline your order for any reason. ASYANA (www.asyana.com.au ) reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. We will ship only to addresses where payment is confirmed. Orders are not binding upon ASYANA until accepted by ASYANA.
5. Shipping: Separate charges for shipping and handling will be shown on ASYANA’s invoice(s). For Large Orders & Remote locations, we reserve the option to charge increased postage for large orders with low margin heavy products. For some postcodes in the remote regions of Australia we may have to charge extra postage. Delivery by normal post takes 7-10 working days within Australia and 2-3 weeks for overseas orders. Deliveries may vary depending on availability of stock at time of ordering. Every effort is made to deliver on-time, however, we take no responsibility on any delays that may occur due to our delivering agency’s behalf. No responsibility will be taken for breakages that may occur during delivery, although every care is taken to package products for transit.
6. Taxes: All orders placed in Australia are subject to 10% GST, this will be shown as a separate charge on your ASYANA invoice. International Customers are responsible for sales and all other taxes associated with the order that is applicable to their country of delivery destination. Residents outside Australia must check with their local customs services to make sure that there are no special requirements before ordering. These requirements may include import duties or taxes. ASYANA will not knowingly ship any products to any countries that may require any type of license. ASYANA will not be held responsible or liable for any problems that result at your local customs office. No refunds will be given for items that are siezed at your local customs office. If you are unsure of your country’s import policies, please check with them before ordering. Additionally, when ordering from ASYANA (www.asyana.com.au ) you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
7. Title; Risk of Loss: Title to products passes from ASYANA to Customer on shipment from ASYANA’s facility. Loss or damage that occurs during shipping by a carrier selected by ASYANA is ASYANA’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
8. Warranties, Disclaimers: ASYANA confirm all goods when dispatched from Asyana premises will be merchantable quality. ASYANA disclaims all warranties, express or implied, once the product has left the ASYANA facility. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms and legal disclaimer contained elsewhere in this site.
9. Return Policies: ASYANA products that are purchased directly from ASYANA by an end-user Customer may be returned by Customer in accordance with ASYANA’s “Return Policy”.
a. Faulty or defective goods: Only faulty, damaged or otherwise defective products can be returned for replacement or credit AT ASYANA’S DISCRETION, which must be reported to us within 48 hours of receiving the parcel. All returns must be in the original box with all packing materials, accessories, and PC (bar) code on the box intact. Asyana reserves the right to reject any packages that is suspected to have been used or do not meet any of the above criterias and/or impose 15% handling fee. Return address:
Asyana Natural Sunless Tan
P.O Box 7073
Bondi Beach 2026
b. Damaged in delivery: We make every effort to safely secure and deliver all packages, but we understand that sometimes stock can be damaged during the delivery process. If your order arrives damaged, it is best to REFUSE it back to the carrier attempting delivery. If you accept the package, make sure carrier’s delivery record is noted regarding the damage, in order for Asyana to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify Asyana within 24 hours to arrange for a carrier inspection and a pick up of damaged merchandise. Shipping and delivery for all purchases domestic or international are not insured. We cannot take responsibility for damages to any stock as a result of the delivery service. If you require delivery insurance, please specify this when placing an order.
c. Our fault: Any orders received incorrectly through the fault of Asyana eg different to description on website, will be replaced at no charge to the customer or fully refunded, which ever the case may be.
d. Refund: You may return an item for refund or credit if: – Request for refund is received by Asyana within 5 days of shipment, which must be accompanied with a copy of our receipt or invoice as proof of purchase; and – The goods to be returned remain unopened in its original condition and posted back to us. – Items supplied in sealed packaging that have been opened are non refundable and non exchangeable in any circumstance. – All returns must be accompanied by the packing slip.
e. Cost of Refund: Please note however, the following additional costs will be incurred: – Shipping charges can only be refunded in the case of an error made by Asyana. – Asyana will not be responsible for shipping and handling on returned items. We recommend using insured mail for returns as we cannot be responsible for items that never make it back to our warehouse; and – Asyana will charge a 15% administration and restocking fee to effect all refunds – Refunds cannot be given in any other circumstances.
f. How to claim return or refund: – Send an email to email@example.com, for which we will approve or reject within 48 hours. – Returned goods must be received within 7 days from the day of receiving your return stock authorisation.
10. Products: ASYANA’s policy is one of on-going product update and revision. ASYANA may revise and discontinue products at any time. All products shown on this website may vary slightly from the images displayed. All products and prices listed may and will change at any time without prior notice. We reserve the right to change prices, amend incorrect prices due to any errors or omissions. We take every reasonable care to ensure accuracy of all the products listed. We apologise for any item listed on this site, which is unavailable through being out of stock or discontinued.
11. Our Rights: ASYANA (www.asyana.com.au) may elect to electronically monitor areas of the site and may disclose any content, records, or electronic communication of any kind:
a. to satisfy any law, regulation, or government request;
b. if such disclosure is necessary or appropriate to operate the Site;
c. to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors.
13. Limitation of Liability: Asyana does not accept liability beyond the remedies set forth herein, including any liability for products for any reason. Asyana will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
14. Applicable Law; Not For Resale: Customer agrees to comply with all applicable laws and regulations of Australia. Customer agrees and represents that it is buying for its own internal use only, and not for resale. ASYANA has separate terms and conditions governing resales.
15. Acceptance: Use of this site, including obtaining information or ordering any product from ASYANA, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions which take effect on the date which you first use the site, as well as the “Acceptance of Contract Terms” contained elsewhere in the ASYANA site. Thank you for taking the time to read this page. If there is anything you are unsure about please contact us
and one of our staff will be happy to assist.