Terms of service
CONDITIONS OF USE
General Statement of Principles
As described in detail below, any information we gather at this web site is strictly for our use and is not shared with any other entity, public or private, for any reason - period. We will not sell or give away any lists or other data that we may retain and we do not purchase such information from other sources.
Our servers (as most) track IP addresses and referring pages to help with site maintenance and improvements. This data is viewed only as anonymous statistics to show the busiest times of the day or week, pages with errors and how effective our advertising has been. This information is not used for any other purpose.
Personal Information Collected - Order Forms
With the exception of credit card info, we store the information from your order form to allow us to track consulting issues or refer to a previous order to help provide some customer service. You may elect to have your information completely removed from this system by e-mailing us at firstname.lastname@example.org with your request. We do not store any type of sales information.
Information Correction or Removal
If you wish to correct, update or remove any information about you that may be in our records, please send an e-mail to email@example.com with the details of your request.
For your safety, we never store or even see your credit card details. They are sent directly to our bank and erased at the end of the transaction.Please check that the 'padlock' icon in your browser is active when you checkout. This indicates an encrypted connection which means that third parties cannot intercept your personal data in transit.
When you visit www.peopleoftheearth.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site and its "look and feel", all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this Site, and all intellectual property rights contained in each of the foregoing, including, without limitation, trademarks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the "Content"), are owned by, and is the property of, People of the Earth or in some cases, our affiliates, partners, licensors.
These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trademarks.
Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes, without limitation, People of the Earth Software and all HTML and other code contained in this Site.
You are permitted to use the Content only as expressly authorised by People of the Earth and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. You, the user, shall agree that you will not use the website or website content to violate any applicable laws or regulations of any country.
People of the Earth's trademarks and trade dress may not be used in connection with any product or service that is not People of the Earth's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits People of the Earth. All other trademarks not owned by People of the Earth or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by People of the Earth or its subsidiaries.
LICENSE AND SITE ACCESS
People of the Earth grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of People of the Earth. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of People of the Earth. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of People of the Earth and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilising People of the Earth's name or trademarks without the express written consent of People of the Earth. Any unauthorised use terminates the permission or license granted by People of the Earth. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of People of the Earth so long as the link does not portray People of the Earth, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any People of the Earth logo or other proprietary graphic or trademark as part of the link without express written permission from People of the Earth.
Any information you provide including but not limited to feedback, questions, ideas, will be under the unrestricted ownership of People of the Earth to be used for any purpose.
In order to use the site to purchase goods and submit feedback, as well as to legally enter into contracts, you must be at least 18 years of age. You must provide genuine information about yourself as requested during purchase and feedback. If People of the Earth detects suspicious or incomplete information, we reserve the right to cancel any business transactions. If you are under 18, you may only use this website with the consent of your parent or guardian who has agreed to the Terms and Conditions herein.
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the Site or other form of notification.
(a) Item prices may change. Your shopping cart will reflect the most recent price;
(b) Product prices exclude shipping and handling charges which will be calculated at checkout. Sales tax (GST) may be applied where applicable based on shipping address;
(c) Prices held in shopping cart does not reserve the price for the product at that time, and prices are reserved only after an order has been submitted;
(d) Sales are not considered final until all items have been dispatched. In the possibility that there is mispricing, People of the Earth will: charge you the lower price if the item's correct price is lower, or contact you for instructions if the correct price of an item is higher than stated;
(e) Discounts and final sale promotions are not eligible for any other offers, and final sale promotions are not eligible for refund;
(f) Free shipping applies to your final order total after any discounts have been applied (this includes discount codes, customer loyalty points redemption, refer a friend etc), not the original full price.
Although we try to keep the site as updated as possible, some information, descriptions, photographs, and prices on our site may not always reflect the most recent correct information.
INDIVIDUAL DISTRIBUTION OF PRODUCTS
To set up a business wholesale account with us please e-mail firstname.lastname@example.org
We do not permit individuals buying our products for reselling and redistribution. Any such orders are a direct violation of our Terms and Conditions, and are subject to order cancellation or a reduction in quantity.
When you have placed your order, we will send you an acknowledgement that we are processing your order, this is not an acceptance of ownership transfer. People of the Earth owns the products until we ship the goods to you with full payment.
Risk of loss and damage of the products are passed onto you upon delivery. Although our products are carefully formulated, should you develop adverse reactions, we will not be held liable once ownership of product is passed onto you.
People of the Earth makes no guarantee, warranty or representation regarding the information contained herein or the suitability of its products for any particular application. Nor does People of the Earth assumer any liability whatsoever arising out of the application or us of any product. Always read the label. Follow the directions for use. Reapply frequently. Our products are primarily cosmetics and secondarily offer SPF function. Prolonged sun exposure should be avoided. It is important to wear protective clothing, hats and eyewear when exposed to the sun.
People of the Earth and its associates attempt to be as accurate as possible. However, People of the Earth does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by People of the Earth itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY PEOPLE OF THE EARTH ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEOPLE OF THE EARTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEOPLE OF THE EARTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEOPLE OF THE EARTH DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PEOPLE OF THE EARTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEOPLE OF THE EARTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting People of the Earth, you agree that the laws of the state of NEW SOUTH WALES, AUSTRALIA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and People of the Earth or its associates.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than People of the Earth for convenience only. People of the Earth is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquiries regarding the content of these sites. You linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by People of the Earth.
All terms of an offer must be met. Offers are limited while stocks last. Offers are valid only for the period specified and will end at 11.59am AEST on the end date, unless stated otherwise in the offer terms. We reserve the right to vary, withdraw or cancel promotional offers for any reason at any time.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
It is the responsibility of the purchaser to abide by the local laws pertaining to local pharmaceutical, cosmetic and skin care products. People of the Earth is not responsible for any import costs, taxes or duties, paperwork or certification. Please familiarise yourself with your country's import restrictions before ordering. People of the Earth cannot be held responsible for any delays, fees, fines, or penalties incurred by your order due to a violation of law. Items sold at peopleoftheearth.com are intended for personal use. Unfortunately, we cannot issue a refund of any kind for orders seized or destroyed by Customs unless the order is returned in an undamaged and resalable condition. Refunds issued will be for the cost of the product only; shipping costs will not be reimbursed. In addition, if People of the Earth are billed for the cost of the return shipment due to restrictions, you may be responsible for that cost, too. Please allow your order time to pass through customs procedures; an international order will not be considered ‘lost’ until 45 days from the date of shipment. We are unable to process claims until the 45 day period has passed.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, epidemics or pandemics, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
Any dispute relating in any way to your visit to People of the Earth or to products you purchase through People of the Earth shall be submitted to confidential arbitration in NSW, Australia, except that, to the extent you have in any manner violated or threatened to violate People of the Earth's intellectual property rights, People of the Earth may seek injunctive or other appropriate relief in any state or federal court in the state of NSW, Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Australian Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to People of the Earth. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You acknowledge and agree that these Terms and Conditions, which include our Shipping, Payment, Returns & Exchanges Policy constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site.
If you have any questions, comments, or concerns about our privacy practices, please contact us by email at email@example.com