TERMS OF SALE FOR PURCHASES OF GOODS

1. THESE TERMS OF SALE

What these Terms of Sale cover. These are the terms and conditions (“Terms”) on which we supply products to you (“products”).

By law, the Consumer Rights Laws and Regulations say that we must give you certain information before a legally binding contract between you and us is made. This key information is set out in these Terms and on the sales pages on our website for the products you are purchasing. The key information we give you by law forms part of this contract as though it is set out in full here. 

Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

When buying any products from us, you also agree to be legally bound by:

• our Website Terms and Conditions and any documents referred to in them;
• our Privacy Policy and any documents referred to in it. 

All of the above documents form part of the contract between us as though set out in full here.

 

1. INFORMATION ABOUT US AND HOW TO CONTACT US  

Who we are. We are Rock Melan Pty Ltd registered in Australia under Australian Company Number 672 074 663 and have our registered address at: 

PO Box 1044 

Oxenford 

Queensland 4212 

Australia

How to contact us. To contact us, please email us at info@rockmelan.com or via the Contact page on our website.

How we may contact you. If we have to contact you we will do so by using the contact information you provided to us in your order.

  

1. OUR CONTRACT WITH YOU  

How to make an order from us. Below, we set out how a legally binding contract between you and us is made.

You place an order for products by adding the product to a shopping cart. Once you are ready to purchase, you will enter your name, email address and payment details. To purchase the product, you must click the “Pay Now” button. When you click the “Pay Now” button, you understand and agree that you will be charged for the product via the payment details you have provided.

How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product, or we will immediately refund you if your payment has been processed. This might be because: 

• of unexpected limits on our resources which we could not reasonably plan for;
• we have identified an error in the price or description of the product;
• we are unable to meet a delivery deadline we have specified;
• the product is unavailable;
• we cannot authorise your payment;
• you are not allowed to buy the product from us; or
• we are not allowed to sell the product to you.

 

1. OUR GOODS  

Goods may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your goods may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website have a two percent (2%) tolerance.

Product packaging may vary. The packaging of the products may vary from that shown in images on our website.

Gift vouchers. Gift vouchers can be purchased in monetary value amounts to be used by the recipient towards the price of products. If the value of the gift voucher exceeds the price of the product(s) chosen by the recipient, the recipient will be entitled to a credit note for the remaining value of the gift voucher, which can be used by the recipient towards the price of future product(s). Gift vouchers and credit notes must be used within three (3) years of the date of issue, and cannot be refunded or exchanged for their monetary value.

 

Receiving a product as a gift. If you have received products as a gift and you need to make any changes to the product purchase, please contact us using the contact details at the top of these Terms. Please note that gift purchases cannot be refunded or exchanged for their monetary value.

Information on our products. The information we provide about our products is for personal learning and general information only. The claims made about the products have not been reviewed by any regulatory body, including the Australian Competition and Consumer Commission or the National Industrial Chemicals Notification and Assessment Scheme. Any results mentioned may not be the same for everyone.

Product claims and endorsements. Our product descriptions are not intended to diagnose, treat, cure, or prevent any medical conditions. Mention of any products, services, brands, or other information does not mean we endorse, sponsor, or recommend them. The product claims or descriptions on our site come from the brand owners or are based on customer reviews, and we have not independently verified them.

Safe use of products. Always follow the instructions, warnings, and guidelines provided with the products to ensure safe use. This includes reading any labels, manuals, or other information provided with the product. It is important to use the products only as directed and not to exceed the recommended usage.

If you have any specific health conditions, allergies, or concerns, we recommend consulting a healthcare professional before using the product. It's your responsibility to review the ingredients list carefully to avoid any known allergens or sensitivities.

For products applied to the skin or body, we suggest performing a small patch test before full use, especially if you have sensitive skin, to check for any adverse reactions. If any irritation, discomfort, or unexpected reactions occur, stop using the product immediately and consult a medical professional if needed.

1. PRICE AND PAYMENT  

Where to find the price for the products. The price of the products will be the price indicated on the order pages when you placed your order on our website. We use our best efforts to ensure that the prices of the products advised to you are correct. However please see below for what happens if we discover an error in the price of the product you order.

Australian Orders:

In Australia, the price of the product is in Australian dollars ($)(AUD), and includes GST at the applicable rate.

We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the products, we will adjust the rate of GST that you pay, unless you have already paid for the products in full before the change in the rate of GST takes effect. 

International Orders:

The price of the product will be displayed in the converted local currency or dollar ($) (USD) by default.

The price does not include applicable import taxes and customs duties for your order. You are responsible for the payment of any applicable taxes and duties for your order. In compliance with Australian export regulations, we must declare the exact value of all products ordered and mark them dutiable as "merchandise". The law prohibits us from marking any order as a "gift" even if you are placing an order with the intention of sending a gift to a recipient. Please check with your country's customs service for further information. Customs inspections may result in Delivery Estimate delays.

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. 

 

When you must pay and how you must pay. We accept payment with through Shopify Payments which is powered by Stripe Pay. Shopify Payments accepts payment methods such as Visa, Mastercard, AMEX, eftpos, G-Pay, Apple Pay, Union Pay, and Shop Pay. Shopify Payments may add, remove or otherwise change their accepted payment methods at any time and without notice. We also accept payment via PayPal and Afterpay. When purchasing our products, you must pay for them at the time of ordering them, or as otherwise described in the payment process.

Your payment information. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms or our Privacy Policy, or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

1. OUR INTELLECTUAL PROPERTY RIGHTS

Our intellectual property rights in relation to the products. We are the owners or licensees of all intellectual property rights in the website, its content, the products you purchase, and all branding elements of our website, its content, and the products you purchase, including any databases that hold relevant information about the website, its content, the products you purchase, and all branding elements. These rights are protected by copyright or trade mark registration and you may only use our intellectual property in accordance with these Terms and our Website Terms and Conditions.

 

1. PROVIDING THE PRODUCTS  

Postage costs. The costs of postage will be as follows:

Postage type

Postage costs

Expected timeframe (from major capital cities)*

Regular post (Australia)

Free

2 – 7 Days, East Coast 

5 – 8 Days, West Coast

Express post (Australia)

$10

1 – 2 Days**

International 

$25 (Orders under $250)

Free (Orders $250 or over)

Location Dependent,

6 – 30 business days

*  This is an estimated time frame to major capital cities. Please note that timeframes can be longer 

   outside the major metropolitan areas.  

** Excluding NT (4-5 days express post).

Additional details about your delivery. We use a third-party logistics company to fulfil our orders. They may use a variety of postage carriers, including but not limited to Auspost and Aramex on domestic orders and Auspost, DHL and FedEx on international orders. Once your order has been shipped you may be able to track your order using the Tracking Link sent to your email. Once we have provided the products to a postage carrier for delivery, unfortunately we are not able to advise on the progress of the delivery, and we recommend you use the respective postage carriers website and/or app for further information. 

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will be provided with information about how to rearrange delivery or collection from an appropriate location.

If you do not re-arrange delivery. If you do not collect the products as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from an appropriate location we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract in accordance with these Terms.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

1. RETURNS, REFUNDS AND EXCHANGES

Returns and exchanges if you change your mind. If you change your mind about a product, you can return or exchange it as long as:

• the product is in its original condition, with the packaging unopened, unused, and undamaged,
• if the product was part of a set or multi-item pack, the entire set or pack must be returned or exchanged, and 
• you are able to provide valid proof of purchase, such as a receipt or email order confirmation from us. 

All returns and exchanges due to a change of mind must be made within 30 days of receiving your order.

Please note, returns and exchanges due to a change of mind does not apply to items that are marked as non-exchangeable or non-returnable.

Returns and exchanges if your product is faulty, damaged, or missing part of your order. If you receive a faulty or damaged product as part of you order, or if your order is missing products that you ordered and were listed in your Confirmation Email, please contact us via email at info@rockmelan.com with the following details as soon as possible after receiving your products: 

• your order;
• photos or images of any damage; and / or 
• details of the fault; and / or
• details of any missing items. 

Returns and exchanges if the product produces an allergic reaction. If you notice a reaction once you have started using the product, we recommend you stop using the product immediately and please contact us via email at info@rockmelan.com with the following details as soon as possible after noticing your reaction:

• your order;
• photos or images of the reaction;
• details of any symptoms experienced during or after your reaction;
• details of any medical treatment sought.

Returning products. When returning the products for any of the reasons set out above, you must post them back to us at the address advised to you in the Confirmation Email or as advised to you during communications with us.

When we will pay the costs of return. We will pay the costs of return:

 

1. if the products are faulty, damaged, missing in part, or misdescribed; or
2. if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

 

In all other circumstances you must pay the costs of return.

How we will refund you. If you are entitled to a refund under these Terms we will refund you the price you paid for the products by the method you used for payment. 

When your refund will be made. We will make any refunds due to you as soon as possible. Where possible, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.

 

1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these Terms will affect your legal rights. Please contact us using the contact details at the top of this page if you believe you have a defective product and you would like to exercise your rights as explained below.

Summary of Consumer Guarantees

This is a summary of the Consumer Guarantees you may be entitled to in relation to your purchase of products from us. These are subject to certain exceptions. For detailed information please visit the Australian Consumer Law website. 

If your product is physical goods, products must be of acceptable quality, as described, matching any demonstration or model provided, and fit for purpose. During the expected lifespan of your product, you may be entitled to the following:

1. for minor problems with the product, we may offer to replace the product or refund your purchase;
2. for major problems with the product, you may choose to reject the product and receive a refund or a replacement.  

The information in this box summarises some of your key rights. It is not intended to replace these Terms or any part of them, or the Australian Consumer Law or any part of them.

 

1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We provide our website without warranty. As far as the law allows, we provide our website, its content, and the interactive services "as-is" without any guarantees, conditions, or warranties. This includes both express and implied warranties about the operation of the website, the interactive services, and the information, materials, and products available on them. You should not rely solely on the information provided on the website or through the interactive services without first verifying it independently.

In line with the general statement above, we do not guarantee or make any promises regarding:

• the accuracy, timeliness, value, or completeness of any data or information found on the website or through the interactive services;
• the security of any information you send or receive through the website or the interactive services;
• that the website or interactive services will be uninterrupted, secure, or free from errors; or
• that the website or interactive services are or will be free from viruses, malware, or other harmful programs.

Limitation on our liability. To the extent the law permits, we will not be responsible for any damages or losses arising from your use of the website or interactive services. This includes all types of damages, such as direct, indirect, incidental, punitive, or consequential damages, as well as losses of data, income, or profit, property damage, or third-party claims.

If you use the products incorrectly. We will not be liable for any claims resulting from the incorrect or improper use of products or services offered or purchased through our website. This includes using products in a way that doesn't follow the provided instructions or in an unexpected or unreasonable way.

Your Consumer Guarantees. Some laws, such as the Australian Consumer Law, may provide guarantees or impose conditions on us that cannot be excluded, restricted, or modified except to a certain extent. For example, laws may guarantee that products are of acceptable quality or that services will be performed with care and skill, with specific remedies available if these guarantees are breached. Where these laws apply, these terms are subject to those legal protections, and nothing in these terms is meant to change or limit your rights under the law.

We are not your personal medical advisers. You acknowledge and agree that we are not your personal medical advisers and none of the information provided as part of or in connection with the products should be deemed or taken as advice or advisory services. Any information provided as part of the products is intended to provide general information only and is not personalised or specialised advice on which you should rely. 

We recommend you seek professional advice if needed. We strongly recommend you seek the services of competent medical professionals before taking any actions or making any decisions relating to your health, welfare, liabilities, responsibilities or affairs. We will not be liable or responsible for any actions or decisions, or the impacts of any actions or decisions, taken by you in connection with the products.  

Exposure to breach of Acceptable Use Policy. You understand and agree that you may be exposed to content and materials that violate out Acceptable Use Policy, a copy of which is available on our website, or for any other reason may be inappropriate, offensive or irrelevant to the products. Please note that whilst we take all reasonable precautions to mitigate this risk, we do not guarantee or warrant that the products, or any online space where we make all or part of the products available, will be free from content or materials that violate out Acceptable Use Policy, or for any other reason may be inappropriate, offensive or irrelevant to the products.

1. HOW WE MAY USE YOUR PERSONAL INFORMATION  

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy, a copy of which is available here: https://www.rockmelan.com/pages/privacy-policy 

1. OTHER IMPORTANT TERMS  

We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

 

Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.

 

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by the laws in Australia and you can bring legal proceedings in respect of the products in the Australian courts.