Terms of service
TERMS & CONDITIONS
Welcome to People of the Earth.
This website, www.peopleoftheearth.com (the Site), is owned and operated by People of the Earth Pty Ltd (People of the Earth, POTE, we, us or our).
These Terms & Conditions govern your use of the Site and your purchase of products from us.
By accessing the Site, creating an account, placing an order or otherwise using the Site, you agree to these Terms & Conditions.
Please read them carefully before using the Site or purchasing from us.
These Terms & Conditions should be read together with our:
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Privacy Policy;
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Shipping Policy;
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Returns & Refunds Policy; and
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any specific promotional, subscription, competition or offer terms that apply from time to time.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including rights available under the Australian Consumer Law.
1. ABOUT PEOPLE OF THE EARTH
People of the Earth creates and sells skincare, cosmetic and personal care products and related accessories.
Our contact email is:
Wholesale enquiries may be directed to:
2. ELIGIBILITY
You must be at least 18 years old to place an order through the Site.
If you are under 18, you may only use the Site or purchase products with the involvement and consent of a parent or legal guardian.
When placing an order, you agree to provide current, complete and accurate information, including your name, email address, billing information, delivery address and any other information reasonably required to fulfil your order.
We may refuse or cancel an order where we reasonably believe that information provided is false, incomplete or fraudulent, or that the transaction involves misuse of the Site, fraud or another unlawful activity.
3. PRODUCT INFORMATION
We make reasonable efforts to ensure that product descriptions, ingredients, photographs, shades, sizes, prices and other information appearing on the Site are accurate and current.
However:
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colours and shades may appear differently depending on your screen, lighting and device settings;
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natural ingredients and mineral pigments may vary slightly between batches;
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product appearance, texture or colour may be affected by temperature and environmental conditions;
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packaging may occasionally change;
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photographs are illustrative and may not perfectly represent every individual product; and
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minor variations that do not affect the product's intended use may occur.
Nothing in this section limits your rights where a product does not comply with an applicable consumer guarantee.
If we discover a material error in product information after you have placed an order, we will contact you where appropriate and provide you with options consistent with applicable law.
4. NATURAL PRODUCTS AND PRODUCT VARIATION
Many People of the Earth products contain natural, botanical, mineral and naturally derived ingredients.
Natural raw materials can vary between harvests and batches. As a result, there may be minor differences in colour, scent, texture, firmness or appearance between products or batches.
Some of our products are anhydrous or balm-based products whose consistency may change depending on ambient temperature.
Reasonable natural variation does not necessarily mean that a product is defective.
However, if you believe the condition or consistency of a product makes it faulty, unusable, unsafe or materially different from its description, please contact us so that we can assess the product and provide an appropriate remedy where required.
5. INGREDIENTS, ALLERGIES AND SENSITIVITIES
Ingredient information is provided on product packaging and/or the relevant product page.
Please review the full ingredient list before use if you have known allergies or sensitivities.
Individual skin responses vary and a product that is suitable for one person may not be suitable for another.
Where appropriate, we recommend patch testing before first use.
Discontinue use if irritation or an adverse reaction occurs and seek appropriate medical advice if you are concerned about a reaction.
Information provided on our Site is general product information only and is not medical advice, diagnosis or treatment.
Nothing in this section limits any rights you may have under applicable law if a product is unsafe, defective, incorrectly labelled or otherwise fails to comply with a consumer guarantee.
6. SPF AND SUN-RELATED PRODUCTS
Where a product contains SPF ingredients or carries an SPF claim, please read and follow the product label and directions for use.
No sunscreen, SPF cosmetic or sun-related product can provide complete protection from exposure to ultraviolet radiation.
Where relevant, sun-protective behaviours may include limiting prolonged sun exposure and using protective clothing, hats and eyewear.
Any SPF, water-resistance or other performance claims made for a particular product should be understood in accordance with the claim, directions and information provided for that product.
Do not rely on statements relating to one People of the Earth product as applying to another product unless expressly stated.
7. ORDERS
Submitting an order through the Site constitutes an offer by you to purchase the products in your order.
An automated order confirmation means that we have received your order. It does not necessarily mean that we have accepted it.
We may decline or cancel an order before dispatch where reasonably necessary, including where:
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a product is unavailable;
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there has been a genuine pricing or technical error;
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payment has not been authorised;
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we reasonably suspect fraud or unauthorised payment activity;
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an order appears to be for unauthorised commercial resale;
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delivery to the nominated destination is not reasonably possible; or
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accepting the order would breach applicable law.
If we cancel an order after payment has been taken, we will refund the amount paid for the cancelled item or order using the original payment method, unless another method is agreed with you.
An order is accepted by us when we dispatch it or otherwise expressly confirm acceptance.
8. AVAILABILITY
All products are subject to availability.
Adding an item to your cart does not reserve that product.
On rare occasions an item may become unavailable after you have placed an order.
If this occurs, we may contact you to offer an alternative, delayed fulfilment where appropriate, or a refund for the unavailable product.
9. PRICES AND CURRENCY
Prices are displayed in the currency selected or made available on the Site.
For Australian customers, prices displayed in Australian dollars include GST where applicable.
For international customers, taxes, duties and other charges may be treated differently depending on the destination, checkout method and shipping service.
The final amount payable will be shown at checkout before you complete your purchase.
We may change prices at any time, but a price change will not ordinarily affect an order that we have already accepted.
10. PRICING ERRORS
We take reasonable care to ensure prices are accurate.
If a product has been listed at an obviously incorrect price because of a genuine typographical, technical or system error, we may contact you before fulfilling the order.
Where permitted by law, we may offer you the option to:
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purchase the product at the correct price; or
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cancel the affected item and receive a full refund.
We will not use this provision to retrospectively increase the price of an order that has already been properly accepted.
11. PAYMENT
Payment must be made using one of the payment methods made available at checkout.
Payment processing may be provided by third-party payment providers.
By submitting payment information, you represent that you are authorised to use the selected payment method.
We do not guarantee that every payment method will be available in every country or for every transaction.
Your use of third-party payment services may also be subject to that provider's terms and privacy practices.
12. PROMOTIONS AND DISCOUNT CODES
From time to time we may offer discounts, bundles, gifts, promotions or promotional codes.
Unless otherwise stated:
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promotions are available only during the stated promotional period;
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offers are subject to availability;
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promotional codes cannot be exchanged for cash;
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only one promotional code may be applied to an order unless expressly stated otherwise;
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discounts generally cannot be applied retrospectively to completed purchases;
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excluded products, bundles or collections may be specified in the offer;
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minimum-spend requirements are calculated after discounts unless expressly stated otherwise; and
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free-shipping thresholds are calculated using the final qualifying order value after applicable discounts unless otherwise stated.
We may correct or cancel a promotion where there is a genuine error, technical malfunction, fraud, misuse or circumstances beyond our reasonable control.
Nothing in any sale, promotion or "final sale" condition excludes rights that a customer may have in relation to faulty or non-compliant goods under applicable consumer law.
13. GIFT CARDS AND STORE CREDIT
Where gift cards or store credit are offered, any specific terms displayed when they are issued or purchased will also apply.
Gift cards and store credit are not redeemable for cash except where required by law.
Expiry dates, where applicable, will comply with Australian law and any other applicable legal requirements.
14. SHIPPING AND DELIVERY
Shipping options, estimated delivery times, charges and available destinations are set out in our Shipping Policy and/or at checkout.
Any delivery timeframe provided is an estimate unless we expressly state otherwise.
Delivery may be affected by matters outside our reasonable control, including carrier delays, customs processing, extreme weather, natural disasters, industrial action and other disruptions.
We will use reasonable efforts to assist where an order is materially delayed or appears to have been lost.
Nothing in this section limits any rights you may have under applicable consumer law regarding goods that are not supplied within a reasonable time or an agreed timeframe.
15. DELIVERY INFORMATION
You are responsible for providing a complete and accurate delivery address.
Please check your delivery details carefully before submitting your order.
If you discover an error after placing an order, contact us as soon as possible.
We cannot guarantee that an address can be changed after an order has entered fulfilment or been dispatched.
Where an order is returned to us because an incorrect or incomplete address was supplied, or because the parcel was not collected, we may require payment of reasonable additional shipping costs before resending the order, except where the return occurred because of our error or where applicable law requires otherwise.
16. RISK AND TITLE
Ownership of products passes to you once we have received full payment and the products have been dispatched, subject to applicable law.
Risk of loss or damage passes in accordance with applicable consumer and delivery laws.
Nothing in this clause limits our responsibility where products are lost or damaged before legally passing into your possession or where consumer law provides otherwise.
17. INTERNATIONAL ORDERS
We sell to selected international destinations.
Customers are responsible for ensuring that products they order may lawfully be imported into and used in their destination country.
Depending on the destination and shipping service, import duties, taxes, customs charges or other government fees may either:
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be collected at checkout; or
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become payable when the parcel reaches the destination country.
Where duties and taxes are collected at checkout, the checkout information will indicate this where applicable.
Where duties, taxes or customs charges are not collected by us, the recipient may be responsible for those charges.
Customs authorities may delay, inspect, refuse or return parcels.
We are not responsible for delays caused solely by customs authorities or a customer's failure to comply with local import requirements, except to the extent that applicable law provides otherwise.
Where an international parcel is returned to us, any refund or reshipment will be handled in accordance with the circumstances, our Shipping and Returns Policies and applicable law.
Nothing in this section excludes rights that cannot lawfully be excluded in the customer's jurisdiction.
18. RETURNS, REFUNDS AND CONSUMER GUARANTEES
Our Returns & Refunds Policy forms part of these Terms & Conditions.
For change-of-mind returns, the eligibility requirements and timeframes set out in our Returns & Refunds Policy apply.
These voluntary change-of-mind conditions are separate from your legal rights where a product is faulty or otherwise fails to comply with a consumer guarantee.
Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
Products sold to Australian consumers must, among other things, be of acceptable quality, be fit for any disclosed purpose where applicable and correspond with their description.
If a product has a major failure, you may be entitled to choose a refund or replacement and may also have rights to compensation for other reasonably foreseeable loss or damage.
Where a problem is minor, we may be entitled to provide an appropriate remedy in accordance with the Australian Consumer Law.
Your consumer rights are not limited to any particular number of days after purchase and are not excluded merely because a product has been opened or used.
Proof of purchase may reasonably be required when assessing a claim.
19. RETURNING A PRODUCT THAT MAY BE FAULTY
If you believe a product is faulty, damaged, unsafe, unusable, not fit for purpose or materially different from its description, please contact us at:
We may ask you for information reasonably required to assess the issue, including:
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your order number or other proof of purchase;
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photographs or video;
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batch information;
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a description of the issue; and/or
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return of the product for inspection.
For products that can reasonably be posted or easily returned, we may require the product to be returned before determining the appropriate remedy.
Please retain your postage receipt.
If we confirm that the product has a problem for which we are responsible under applicable consumer law, we will reimburse reasonable return postage costs where required by law.
A product does not need to be unused or in its original packaging in order for you to exercise rights that apply to faulty goods under the Australian Consumer Law.
20. CHANGE-OF-MIND RETURNS
We may choose to offer returns or exchanges beyond what is required by law.
Change-of-mind returns are governed by our current Returns & Refunds Policy.
We may place reasonable conditions on voluntary change-of-mind returns, including requirements regarding:
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timeframes;
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product condition;
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hygiene;
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proof of purchase; and
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return postage.
These conditions do not apply where doing so would limit a customer's statutory rights in relation to faulty or non-compliant products.
21. DAMAGED OR INCORRECT ORDERS
If your order arrives damaged, an incorrect item has been supplied, or an item is missing, please contact us as soon as reasonably possible at:
Please include your order number and, where possible, photographs showing the issue.
We will assess the situation and provide an appropriate remedy.
22. UNAUTHORISED RESALE
Products purchased through our retail Site are intended for personal use unless otherwise agreed by us in writing.
You must not purchase our products through the retail Site for commercial resale, redistribution or export for resale without our prior written approval.
Authorised wholesale customers are subject to our applicable wholesale terms.
Where we reasonably believe a retail order is being placed for unauthorised resale, we may limit quantities or cancel the order before dispatch and refund amounts paid.
Wholesale enquiries should be sent to:
23. WEBSITE USE
We grant you a limited, non-exclusive, revocable licence to access and use the Site for lawful personal purposes.
You must not use the Site:
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unlawfully or fraudulently;
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to interfere with the operation or security of the Site;
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to introduce malware, viruses or malicious code;
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to obtain unauthorised access to systems or information;
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to impersonate another person;
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to scrape or systematically extract Site content for commercial purposes without permission;
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to infringe our intellectual property rights or the rights of another person; or
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in any manner that could damage, disable or materially interfere with the Site.
We may restrict access to the Site where reasonably necessary to protect our systems, customers, business or legal rights.
24. INTELLECTUAL PROPERTY
Unless otherwise indicated, all content appearing on the Site is owned by or licensed to People of the Earth.
This includes, without limitation:
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branding;
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trade marks;
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logos;
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product names;
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product designs;
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text and copy;
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photographs;
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illustrations;
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graphics;
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videos;
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audio;
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packaging artwork;
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website design; and
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other creative material.
The Content is protected by applicable intellectual property laws.
You may view and use Site content for ordinary personal and non-commercial purposes.
You must not reproduce, republish, distribute, adapt, sell, license, exploit or use our Content commercially without our prior written permission, except as permitted by law.
Nothing on the Site transfers ownership of our intellectual property to you.
25. TRADE MARKS
People of the Earth names, logos, product names, branding and trade dress may be protected by registered and unregistered trade mark rights.
You may not use our trade marks in a manner that suggests sponsorship, endorsement, affiliation or association with People of the Earth where none exists.
26. REVIEWS, PHOTOS AND USER CONTENT
Where the Site allows you to submit reviews, photographs, comments, testimonials or other content, you retain ownership of content you create.
By submitting content to us or through functionality provided on the Site, you grant People of the Earth a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, publish, adapt and share that content for our business and marketing purposes, subject to applicable privacy and consumer laws.
This licence does not transfer ownership of your content to us.
You represent that you have the right to submit the content and that our permitted use of it will not infringe another person's rights.
We may remove content that is unlawful, abusive, misleading, defamatory, discriminatory, infringes intellectual property rights, contains personal information that should not be published, constitutes spam or is otherwise inappropriate for publication.
We will not remove or suppress genuine negative reviews merely because they are critical of a product or of People of the Earth.
27. FEEDBACK AND IDEAS
If you voluntarily send us suggestions, ideas or feedback about our business or products, we may use that feedback to improve our products or services.
Unless separately agreed in writing, submitting general feedback does not create an obligation on us to compensate you or maintain that feedback as confidential.
This clause does not apply to confidential information provided under a separate confidentiality agreement.
28. ACCOUNTS
If account functionality is available, you are responsible for maintaining the confidentiality of your login credentials and for activity conducted through your account where you have authorised that activity.
Please tell us promptly if you believe your account has been accessed without authorisation.
We may suspend or close an account where reasonably necessary because of fraud, security concerns, serious misuse of the Site or repeated breach of these Terms.
29. ELECTRONIC COMMUNICATIONS
By placing an order or contacting us electronically, you agree that transactional communications relating to your order or account may be provided electronically, including by email or other electronic means.
This may include:
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order confirmations;
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shipping notifications;
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customer service communications;
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product safety or recall communications; and
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legally required notices where electronic delivery is permitted.
Transactional communications are separate from marketing communications.
30. EMAIL AND SMS MARKETING
Where you expressly subscribe to email or SMS marketing, you agree that we may send you promotional communications in accordance with your consent and applicable law.
Marketing consent is voluntary and is not a condition of purchasing from People of the Earth.
You may unsubscribe from marketing emails using the unsubscribe function provided in the message.
Where SMS marketing is offered, you may opt out using the instructions provided in the relevant message, such as replying STOP where that functionality is available.
Message and data charges imposed by your telecommunications provider may apply.
We may use service providers to help deliver marketing communications.
Our collection and use of personal information for marketing purposes is governed by our Privacy Policy and applicable law.
31. PRIVACY
We handle personal information in accordance with our Privacy Policy and applicable privacy laws.
In operating our business, personal information may be processed by service providers involved in functions such as:
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ecommerce;
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payments;
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fulfilment and delivery;
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customer service;
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fraud prevention;
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analytics;
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website functionality; and
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marketing, where permitted.
Please refer to our Privacy Policy for more information about how personal information is collected, used, disclosed, stored and protected and how you may exercise applicable privacy rights.
32. WEBSITE SECURITY
We take reasonable steps to protect our Site and customer information.
However, no internet transmission, website or electronic storage system can be guaranteed to be completely secure.
You are responsible for using appropriate security precautions when accessing the Site.
If you believe there is a security issue involving the Site or your account, please contact us.
33. THIRD-PARTY SERVICES AND LINKS
The Site may contain links to websites or services operated by third parties.
These links are provided for convenience and do not necessarily mean that People of the Earth endorses or controls the third-party website, business, content, product or service.
Your use of third-party websites and services may be governed by their own terms and privacy policies.
To the extent permitted by law, we are not responsible for third-party websites or services that we do not control.
34. SITE AVAILABILITY
We aim to keep the Site available and functioning properly but do not guarantee uninterrupted access.
We may temporarily suspend or modify Site functionality for maintenance, security, upgrades or other operational reasons.
To the extent permitted by law, we are not responsible for temporary Site outages or technical failures outside our reasonable control.
35. WARRANTIES AND STATUTORY RIGHTS
Nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot lawfully be excluded, restricted or modified.
Where the Australian Consumer Law applies, our products come with statutory consumer guarantees.
Subject to those rights, the Site itself is provided on an "as available" basis and we do not promise that it will always be uninterrupted, error-free or free from every technical issue.
36. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms excludes, restricts or modifies rights or remedies available under the Australian Consumer Law or any other law that cannot lawfully be excluded.
To the maximum extent permitted by law, People of the Earth will not be liable for loss that:
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was not reasonably foreseeable;
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was caused by circumstances outside our reasonable control;
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resulted from misuse of a product contrary to supplied directions or warnings;
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resulted from an unauthorised alteration to a product; or
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resulted from use of the Site in breach of these Terms.
This section does not exclude liability for loss caused by our negligence, breach of an applicable consumer guarantee or other conduct for which liability cannot lawfully be excluded.
37. BUSINESS PURCHASES
Where products are purchased wholly or predominantly for business purposes, rights and remedies may differ from those applying to consumer purchases.
Nothing in these Terms excludes rights available to a business customer under the Australian Consumer Law where those rights apply.
Separate wholesale terms may apply to approved wholesale accounts and, where there is an inconsistency in relation to a wholesale transaction, the applicable wholesale terms will prevail to the extent permitted by law.
38. EVENTS OUTSIDE OUR REASONABLE CONTROL
We are not responsible for delay or failure to perform an obligation where the delay or failure is caused by circumstances outside our reasonable control.
These may include natural disasters, fires, floods, severe weather, war, civil unrest, government action, epidemics, pandemics, industrial action, carrier disruption, supply-chain disruption, power or telecommunications failures and similar events.
Where such an event materially affects an accepted order, we will take reasonable steps to communicate with you and determine an appropriate way forward.
This clause does not remove rights or remedies that cannot lawfully be excluded.
39. COMPLAINTS AND DISPUTE RESOLUTION
If you have a concern about a product, order or your experience with People of the Earth, please contact us first so that we can try to resolve it.
Email:
Please provide enough information for us to understand and investigate your concern.
We will endeavour to respond within a reasonable period.
Nothing in this section prevents you from exercising any right to contact a consumer protection body, regulator, tribunal or court.
40. GOVERNING LAW
These Terms & Conditions are governed by the laws of New South Wales, Australia.
Subject to any rights you may have under applicable consumer law, the courts and tribunals of New South Wales and any courts entitled to hear appeals from them may determine disputes relating to these Terms.
Nothing in this section is intended to deprive a consumer of a mandatory right available under the laws of their place of residence where those laws apply despite this clause.
41. CHANGES TO THESE TERMS
We may update these Terms & Conditions from time to time to reflect changes to our business, Site, products, services or legal obligations.
The current version will be published on the Site with its most recent update date.
Changes will apply prospectively from the date they are published unless applicable law requires otherwise.
Changes to these Terms will not retrospectively remove rights that have already accrued in relation to an existing order.
42. SEVERABILITY
If any part of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or severed to the minimum extent necessary and the remaining provisions will continue to apply.
43. NO WAIVER
If we do not immediately enforce a right under these Terms, that does not mean we have waived that right.
Likewise, a customer's failure to immediately exercise a legal right does not necessarily mean that right has been waived.
44. ENTIRE AGREEMENT
These Terms & Conditions, together with the policies and specific terms expressly incorporated into them, constitute the agreement between you and People of the Earth concerning your use of the Site and purchases made through it.
Nothing in this clause excludes representations, guarantees or rights that cannot lawfully be excluded.
45. CONTACT US
If you have questions about these Terms & Conditions, please contact:
People of the Earth Pty Ltd
Email: hello@peopleoftheearth.com
Website: www.peopleoftheearth.com
Wholesale enquiries: orders@peopleoftheearth.com
AUSTRALIAN CONSUMER RIGHTS
Nothing in these Terms & Conditions or any People of the Earth policy is intended to exclude, restrict or modify any guarantee, condition, warranty, right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
Where there is an inconsistency between these Terms and a mandatory right under applicable law, the mandatory legal right prevails.