Terms & Conditions

Welcome to www.oohganics.com.au (Website). The Website provides you with an opportunity to browse and purchase various clean beauty products (Products) through our curated collection (Purchase Services).

The Website is operated by Oohganic Beauty PTY.LTD. (ACN 690033679). Access to and use of the Website, or any of its associated Products or Services, is provided by Oohganic Beauty PTY.LTD.

Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of our Services, immediately.

Oohganic Beauty PTY.LTD. reserves the right to review and change any of the Terms by updating this page at its sole discretion. When we update the Terms, we will use reasonable endeavours to provide you with notice of updates by displaying a prominent notice on the Website. Continued use of the Website after such notification constitutes acceptance of the updated Terms. We recommend that you review these Terms periodically to be aware of any changes.

The Products offered through the Website consist of beauty products (Beauty Products) intended for cosmetic use only. All Beauty Products come with specific usage instructions, ingredients lists, and safety guidelines that form part of these Terms.

2.1 Your Responsibilities Before Purchase and Use

Before purchasing and using any Beauty Products, you must:

·       Review all ingredient lists for potential allergens

·       Understand your specific skin type and sensitivities

·       Perform a patch test before full application by applying a small amount to a discreet area of skin and monitoring for 24 hours

·       Discontinue use immediately if any irritation occurs

·       Do your own research and consult appropriate healthcare professionals where necessary

·       Maintain detailed records of any known skin sensitivities or allergic reactions to cosmetic ingredients

2.2 Key Acknowledgements

You expressly acknowledge that:

·       Beauty Products may have varying effects on different skin types

·       All Beauty Products are for cosmetic purposes only and any benefits described relate solely to appearance-based, non-therapeutic effects

·       No Beauty Products are intended to diagnose, treat, cure, or prevent any medical condition

·       Individual results from using the Products may vary significantly based on skin type, environmental factors, and adherence to recommended usage instructions

·       You are solely responsible for monitoring your skin's response and discontinuing use if irritation occurs

·       You must check and adhere to the Product's expiration date, indicated as "Period After Opening" (PAO) symbol or specific expiry date

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Oohganic Beauty PTY.LTD. in the user interface.

4. Use of the Website and Purchase Services

4.1 Information Requirements

When making a purchase through the Website, you may be required to provide personal information about yourself (such as identification or contact details), including:

·       Email address

·       Name

·       Mailing address

·       Telephone number

You warrant that any information you provide when using the Website or making a purchase will be accurate, correct and up to date.

4.2 Eligibility

You may not use the Website or Purchase Services and may not accept the Terms if:

·       you are not of legal age to form a binding contract; or

·       you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4.3 Your Obligations as a Website User

By using our Website and Purchase Services, you agree to comply with the following:

·       You will use the Website and Purchase Services only for purposes that are permitted by these Terms, any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions

·       Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of purchasing products from Oohganic Beauty PTY.LTD.

·       You agree to comply with reasonable product usage guidelines and safety instructions provided on the Website or product packaging. While Oohganic Beauty PTY.LTD. will make commercially reasonable efforts to display accurate brand information, you are responsible for reviewing and following product-specific safety and usage instructions before use

·       You will not use the Website or Purchase Services for any illegal and/or unauthorised use, which includes collecting email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website

·       You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice. Appropriate legal action will be taken by Oohganic Beauty PTY.LTD. for any illegal or unauthorised use of the Website

·       You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited

·       You will not attempt to reverse engineer, decompile, or disassemble any part of the Website or Purchase Services, or attempt to derive the source code or underlying ideas or algorithms of any part of the Website or Purchase Services

5.1 Purchase Price

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

5.2 Payment Methods

Payment of the Purchase Price may be made through Visa, Union Pay, Pay Pal, Mastercard, Google Play, Apple Pay, and American Express (Payment Gateway Providers).

In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.3 Receipt and Records

Following payment of the Purchase Price being confirmed by Oohganic Beauty PTY.LTD., you will be issued with a receipt to confirm that the payment has been received. Oohganic Beauty PTY.LTD. may record your purchase details for future use.

5.4 Pricing and Charges

All prices displayed on the Website are in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable. Any additional charges such as shipping fees, handling costs, or special processing fees will be clearly displayed before checkout and itemised in your final purchase summary (Additional Charges).

6.1 Your Consumer Guarantees Under Australian Consumer Law

Our Products come with guarantees under the Australian Consumer Law (ACL) that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. For Products manufactured by third parties, you may also be entitled to benefits under the manufacturer's warranty, which is separate from and in addition to your rights under the ACL. Oohganic Beauty PTY.LTD. will assist you in claiming under third-party manufacturer warranties where applicable, but the ultimate responsibility for such warranties rests with the respective manufacturers.

6.2 How to Return Your Order

To return your order, you must:

·       Notify us within 14 days of purchase

·       Provide a valid reason for return

·       Return the goods to us in a timely manner

We will process a refund upon timely receipt of the returned goods.

6.3 Refund Policy

Unopened goods: Full refund
Opened beauty products: For hygiene reasons, opened beauty products cannot be returned unless they are faulty or causing adverse skin reactions.
Processing: Refunds will be processed promptly and paid by the same method that you made payment.

Postage and shipping costs:

·       For change-of-mind returns: You are liable for return postage costs

·       For faulty goods or goods not as described: Oohganic Beauty PTY.LTD. will cover return postage costs, as required by the Australian Consumer Law

·       Where ACL requires us to bear the cost, we will do so without deduction

6.4 Third-Party Manufacturer Warranties

Where applicable, third-party brands may offer their own warranty covering defects or performance guarantees. Oohganic Beauty PTY.LTD. will direct you to the brand or manufacturer to process such claims, but retains the right to facilitate resolution where reasonable.

7. Delivery Services

You acknowledge that the Purchase Services integrate delivery (Delivery Services) through third-party delivery companies (Delivery Service Providers). While Oohganic Beauty PTY.LTD. facilitates the delivery process, the actual delivery is performed by the Delivery Service Provider.

7.1 Delivery Timeframes

Delivery times may take between 2 and 14 days or even longer if it is an international shipment or out of the metro area, depending on the delivery option selected.

7.2 Lost or Damaged Items

In the event of lost or damaged items:

·       First contact: Notify us at hello@oohganics.com.au to report any delivery issues

·       Investigation: We will investigate the issue and, where appropriate, liaise with the Delivery Service Provider on your behalf

·       Resolution: We will facilitate a replacement or refund, at our discretion, once the claim is resolved with the Delivery Service Provider

·       Costs: Oohganic Beauty PTY.LTD. will work with you and the Delivery Service Provider to ensure costs are appropriately allocated. Where goods have been lost or damaged in transit, we will pursue recovery with the carrier where feasible

You acknowledge that Oohganic Beauty PTY.LTD. acts as your agent in liaising with the Delivery Service Provider, and we undertake to assist you in obtaining resolution for delivery issues.

8. Copyright and Intellectual Property

8.1 Website Ownership

The Website, the Purchase Services and all of the related products of Oohganic Beauty PTY.LTD. are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled by Oohganic Beauty PTY.LTD. or its contributors, and are reserved.

Oohganic Beauty PTY.LTD. retains all rights, title and interest in and to the Website and all related content.

8.2 Restrictions on Use

You may not, without the prior written permission of Oohganic Beauty PTY.LTD. and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

8.3 Third-Party Brand Materials

Where the Website displays products, trademarks, or content from third-party brands, Oohganic Beauty PTY.LTD. warrants that it has obtained all necessary licenses and permissions to display such intellectual property. Any use, display, or reproduction of third-party brand materials is strictly governed by individual agreements with respective brand owners and their specified usage guidelines. You acknowledge that all third-party brand intellectual property remains the exclusive property of the respective brand owners.

8.4 Product Descriptions and Disclaimers

All product descriptions, marketing materials, and content on the Website are provided for informational purposes only and do not constitute medical, therapeutic, or health claims. You acknowledge that any descriptions of product benefits are strictly limited to cosmetic or appearance-related effects, and Oohganic Beauty PTY.LTD. expressly disclaims any representation of therapeutic, curative, or medical benefits unless specifically authorized by relevant regulatory authorities.

You acknowledge that product information, specifications, ingredients lists, and usage instructions displayed on the Website that originate from third-party manufacturers or suppliers are provided "as is" and without warranty. Oohganic Beauty PTY.LTD. shall not be liable for any inaccuracies, omissions, or changes in such third-party information, and you agree to verify all product information independently with the manufacturer before relying on such information for any purpose.

8.5 IP Infringement Reporting

You agree to promptly notify Oohganic Beauty PTY.LTD. of any actual or suspected infringement of its intellectual property rights that comes to your attention. In the event of any unauthorized use of Oohganic Beauty PTY.LTD.'s intellectual property, the company reserves the right to seek all available legal and equitable remedies, including injunctive relief.

Oohganic Beauty PTY.LTD. takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Oohganic Beauty PTY.LTD.'s Privacy Policy, which is available on the Website.

9.1 Third-Party Data Handling and Protection

Your personal information may be shared with third-party service providers who assist us in operating our Website, conducting our business, or servicing you. We require all third-party service providers to:

·       Maintain the confidentiality and security of your personal information

·       Use your information solely for the purpose of providing their services to us

·       Comply with Australian Privacy Principles and applicable data protection laws

·       Implement appropriate technical and organisational measures to protect your data

·       Implement and maintain documented data retention periods and secure deletion procedures when the purpose of processing is fulfilled

10. Limitation of Liability and Disclaimers

10.1 General Disclaimer

You acknowledge that Oohganic Beauty PTY.LTD. does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than those expressly provided in these Terms or required by the Australian Consumer Law.

Oohganic Beauty PTY.LTD. will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed.

10.2 Australian Consumer Law Protections

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

10.3 Limitation on Non-Consumer Guarantees

Subject to the Australian Consumer Law protections in clause 10.2, and to the extent permitted by law:

·       All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded

·       For major failures or breaches of consumer guarantees: Oohganic Beauty PTY.LTD.'s liability is limited to: (i) replacing the goods or supplying equivalent goods, (ii) paying the cost of replacing the goods or acquiring equivalent goods, or (iii) paying the cost of having the goods repaired, where the goods are of a kind ordinarily acquired for personal, domestic, or household use or consumption

·       For other losses arising out of or in connection with the Purchase Services (where permitted by law): Oohganic Beauty PTY.LTD. will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. This includes loss or damage arising from: (i) not being able to use the Purchase Services or late supply of the Purchase Services, (ii) the accuracy, suitability or currency of information on the Website or its Content, (iii) costs incurred as a result of using the Website or Products, or (iv) any failure to complete a transaction

10.4 "As Is" Basis

Use of the Website, the Purchase Services, and any of the products of Oohganic Beauty PTY.LTD. (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind, except as expressly required by the Australian Consumer Law.

None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of Oohganic Beauty PTY.LTD. (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services referred to on the Website, except as expressly stated in these Terms or required by law.

10.5 Cosmetic Use Only – No Medical Claims

You acknowledge and agree that you are solely responsible for conducting appropriate patch testing of any Products prior to full use. Oohganic Beauty PTY.LTD. shall not be liable for any adverse reactions, allergies, or skin sensitivities resulting from the use of Products, provided that the Products conform to their stated ingredients and specifications. This includes, but is not limited to, any temporary or permanent skin reactions, irritations, or discomfort arising from individual sensitivities to cosmetic ingredients.

You further acknowledge that the Products are intended for cosmetic and personal care use only and make no claims to diagnose, treat, cure, or prevent any medical condition or disease. Any reliance on the Products for therapeutic, medical, or health-related purposes is at your sole risk.

10.6 Total Liability Cap

Oohganic Beauty PTY.LTD.'s total liability arising out of or in connection with the Purchase Services or these Terms, however arising (including under contract, tort (including negligence), in equity, under statute or otherwise), will not exceed the most recent Purchase Price paid by you. Where you have not paid a Purchase Price, Oohganic Beauty PTY.LTD.'s total liability is limited to the resupply of the Products or information to you.

This cap does not apply to: (i) any liability that cannot be limited or excluded by law, including liability for breach of a consumer guarantee under the Australian Consumer Law, or (ii) personal injury or death caused by negligence.

11. Termination of Contract

11.1 Termination by You

If you want to terminate the Terms, you may do so by:

·       Notifying Oohganic Beauty PTY.LTD. at any time; and

·       Closing your accounts for all of the Purchase Services which you use, where Oohganic Beauty PTY.LTD. has made this option available to you

Your notice should be sent, in writing, to Oohganic Beauty PTY.LTD. via the 'Contact Us' link on our homepage.

11.2 Termination by Oohganic Beauty PTY.LTD.

Oohganic Beauty PTY.LTD. may at any time terminate the Terms with you if:

·       You have breached any provision of the Terms or intend to breach any provision

·       Oohganic Beauty PTY.LTD. is required to do so by law

·       The partner with whom Oohganic Beauty PTY.LTD. offered the Purchase Services to you has terminated its relationship with Oohganic Beauty PTY.LTD. or ceased to offer the Purchase Services to you

·       Oohganic Beauty PTY.LTD. is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service

·       The provision of the Purchase Services to you by Oohganic Beauty PTY.LTD. is, in the opinion of Oohganic Beauty PTY.LTD., no longer commercially viable

11.3 Suspension of Access

Subject to local applicable laws, Oohganic Beauty PTY.LTD. reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Oohganic Beauty PTY.LTD.'s name or reputation or violates the rights of another party.

11.4 Survival

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Oohganic Beauty PTY.LTD. have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

You agree to indemnify Oohganic Beauty PTY.LTD., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

·       All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website

·       Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

·       Any breach of the Terms

13. Dispute Resolution

13.1 Compulsory Process

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2 Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3 Good Faith Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

·       Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree

·       If for any reason whatsoever 28 days after the date of the Notice the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association and the Resolution Institute, or his or her nominee

13.4 Mediation Terms

·       The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. Each Party must pay its own costs associated with the mediation

·       The mediation will be held in Melbourne, Australia

·       All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence

13.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

The Purchase Services offered by Oohganic Beauty PTY.LTD. are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.