Terms and Conditions
WELCOME TO YESYESYES AUSTRALIA WEBSITE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE (YESYESYESAUSTRALIA.COM.AU), THE SALE OF ANY GOODS VIA THIS WEBSITE AND YOUR LEGAL RELATIONSHIP WITH US.
ALWAYS READ THE LABEL, USE ONLY AS DIRECTED, IF SYMPTOMS PERSIST SEE YOUR DOCTOR/HEALTHCARE PROFESSIONAL.
The yesyesyesaustralia.com.au website is operated by:
Organic Trader Pty Ltd, a company registered in Australia, is the exclusive YES distributor within the jurisdiction of Australia. All intellectual property and relevant rights of Yes Lubricants are solely owned by their respective owners, The Yes Yes Company Ltd.
Our contact details are as follows:
Trading address:Organic Trader Pty LtdHarcourt Business Park13/809-821 Botany RoadRosebery NSW 2018Telephone number:+61 2 83 99 0122
The Yes Yes Company Ltd, a company registered in England and Wales, whose registered office is at The Timber Barn, Selborne Road, Greatham, Liss, Hants, United Kingdom, GU33 6HG.
The Yes Yes Company contact details are as follows:
Trading address:The Yes Yes Company LtdThe Timber Barn, GreathamLissGU33 6HGTelephone number:+44 (0) 8450 94 11 41
1.1 We may revise these terms and conditions at any time by updating this posting. You should check these terms and conditions every time you visit this Website to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not agree to any of the terms and conditions, you should not continue to use this Website.
- ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. All orders and/or messages are considered to become valid only once they have been received by us. We will send you an order acknowledgement, detailing the products you have ordered. You are responsible for ensuring the accuracy of the details provided.
2.2 We may refuse to accept an order, including but not limited to the following circumstances:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in our terms and conditions;
(e) if you fail to accurately and completely provide all details requested on the order form;
(f) where you provide a delivery address in a country which is outside of our delivery areas (please refer to Delivery Policy for a [non-exhaustive] list of those countries to which we are happy to deliver); or
(g) where national laws or import/export restrictions prohibit us from supplying the products to you.
2.3 Neither you nor we will be legally bound unless and until:
(a) we receive your order;
(b) we accept your order;
(c) we receive cleared payment in full; and
(d) we dispatch your order.
A legally binding contact will only be formed once all these stages have been performed. We will send you a despatch confirmation by email. The purchase contract will be made when we despatch the order even if your payment has been processed immediately. For details of our delivery terms please refer to our Delivery Policy which forms part of these Terms and Conditions.
2.4 You warrant that it is legal to supply you with the products in your country and that you are of the appropriate legal age to purchase the products in your place of residence.
2.5 It is your responsibility to ensure that no national or regional restrictions apply which would prevent you from ordering or us from supplying the items.
3.1 Where we charge separately for packing and carriage and other relevant charges, the appropriate rates are set out in our Delivery Policy
3.2 Our prices are reviewed periodically.
- CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order you can do so by notifying us by email to firstname.lastname@example.org:
(a) at any time before we have despatched the goods to you; or
(b) where goods have already been despatched to you, within 21 days of your receiving the goods for any reason, provided that the goods have not been used and is in resalable condition.
(c) Our 100% Satisfaction Guarantee “We promise that the buyer of any Yes product from this website may return their goods for a product refund with no questions asked” is valid for 3 months from date of purchase.
4.2 If you cancel your order you will be entitled to a full refund or exchange.
4.3 On cancellation of your order, you must return the goods to us in the same condition in which they were received. Please call us on 02 8399 0122 or email email@example.com to inform us of your concerns, we want to resolve any issues as soon as possible. The costs of returning goods to us shall be borne by you, except where they have been rejected because they are faulty or if they were not what you ordered. If for any reason we have to pay to recover the goods, we shall be entitled to deduct the costs of recovery from any refund or exchange credit due to you.
4.4 As a consumer you have certain statutory rights regarding the return of defective goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. These Terms and Conditions shall not affect your statutory rights.
- INTELLECTUAL PROPERTY
5.1 You are permitted to print and download extracts from this Website for your own personal use only on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trademark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
- SERVICE ACCESS
6.1 We do not accept responsibility for the reliability of access to this Website or its fitness for a particular purpose and we will not be liable for any losses or damage resulting from your use or inability to use this Website.
6.2 While we endeavour to ensure that this Website is normally available 24 hours a day, you acknowledge that access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will not be liable if for any reason this Website is unavailable at any time or for any period.
6.3 Neither do we guarantee that this Website will operate free from error or that it is free of computer viruses or any other material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- VISITOR MATERIAL AND CONDUCT
7.2 You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
- LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the The Yes Yes Company Ltd logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any The Yes Yes Company Ltd trademarks displayed on this Website without express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
8.4 We do not guarantee that links to or from this Website or websites which link to or from this website will operate free from error or that it is free of computer viruses or any other material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.1 To register with www.yesyesyesaustralia.com.au you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.4 Upon registration you will be issued with a password. Responsibility for the security of any passwords rests with you and if you know or suspect that someone else knows your password, you should contact us immediately by emailing us at firstname.lastname@example.org.
9.5 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. You may cancel your registration at any time by emailing us at email@example.com.
- WEBSITE CONTENT
10.1 While we endeavour to ensure that the information on this Website is correct, we do not make any warranties or guarantees about the accuracy and completeness of the material on this Website, including but not limited to information about the products and prices described in it. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 This Website is provided for information and ordering purposes and we shall not be liable for any damage or loss that may occur in the use of any information or advice given in this Website.
11.1 Except for death or personal injury caused by our negligent acts or omissions, we will not be liable for any loss or damage caused by us or our employees or agents, or those of any of our group companies, or of any other party (whether or not involved in creating, producing, maintaining or delivering this Website or production, delivery or supply of the goods), where:
(a) there is no breach of a legal duty of care owed to you by us;
(b) such loss or damage is not a reasonably foreseeable result of any such breach; or
(c) for any increase in loss or damage resulting from any act or omission by you or any breach by you of any of these terms.
11.2 For the avoidance of doubt, the loss or damage referred to in this clause includes but is not limited to any amount or kind of loss or damage that may result to you or a third party such as any damage to property, any consequential loss or damages, loss of income or profits, damage to goodwill or reputation, loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.3 If you breach these terms and conditions and your use of this Website, or the use by any other person using your registration details, contributes to a claim or claims against us we reserve the right to hold you responsible for any related claims liabilities damages costs or expenses suffered or incurred by us.
11.4 We will not be liable to you for delay or failure to perform due to any causes beyond the reasonable control of us or our suppliers, including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other person), Act of God, war, armed conflict or terrorist attack, nuclear, chemical or biological contamination or sonic boom, riot, civil war, civil commotion, malicious damage, compliance with any law or governmental action order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm , or other adverse weather conditions.
11.5 We will not be liable for any loss or damage to Products or any consequential and/or subsequent loss arising as a result of your failure to receive the goods by virtue of the supply of incorrect or incomplete details for delivery or if the option to opt out of signing for delivery is taken .
11.6 Nothing in this clause shall limit or exclude our liability in respect of death or personal injury arising out of or caused by our negligence.
- GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with the Competition and Consumer Act 2010 (Cth) and to any applicable Australian law. Disputes arising in connection with these terms and conditions shall be subject to their exclusive jurisdiction of the respective Australian courts.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Competition and Consumer Act 2010.