Terms and Conditions

(a) This website (Site) is operated by The Scrub Company Pty Ltd (we, our or us). It is available at: malleescrub.com.au and may be available through other addresses or channels.

(b) By accessing and/or using the Site you:

(1) agree that you have reviewed these terms and conditions (Terms) and you have read our Privacy Policy (available on the Site);

(2) confirm, if you are under 18 years old, that you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and

(3) agree to use the Site in accordance with the Terms.

(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history, save your wish list and access other features as set out on the Site. You must make sure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(b) When you make a purchase, you will be asked to provide basic contact information such as your name, email address, phone number, shipping address, billing address and payment details and if you choose to create an account, you will choose a password. You are responsible for keeping your account confidential and for all activity on your account, including purchases made using your account details.

(a) You may order products from us as set out on the Site. Any order you make on the Site is an offer by you to purchase a particular product or products for the price displayed at the time you place your order.

(b) We may accept or reject an order. We will try to notify you if we can’t accept your offer as soon as we can.

(c) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, expected dispatch date, the delivery and billing addresses, instructions for delivery, description of what products were ordered, details of any products that may be out of stock, details of costs, payment method, shipping method, contact first and last name, contact phone number, contact email address.

(a) You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price). All amounts are in Australian dollars and are inclusive of Australian GST (where applicable).

(b) You must pay the Price using one of the methods set out on the Site, such as Afterpay, Square or PayPal.

(c) Payment via a third party payment processor, such as Afterpay, Square or PayPal will be subject to the terms and conditions of the payment processor.

(d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

(e) Where you order the products for delivery outside Australia, you may need to pay custom charges or taxes in addition to the Price.

(f) We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.

(a) If possible, we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(b) Orders placed before 12:00 AEST on a business day will normally be dispatched on the same business day, unless otherwise noted on the Site. Orders placed after 12:00 AEST on a business day, a weekend or Australian public holiday will normally be dispatched the following business day, unless otherwise noted on the Site. We may send you an email confirmation when your order is despatched with a tracking number. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(c) We may deliver the products using a range of delivery methods such as Australia Post. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office or follow any delivery instructions in accordance with your order.

(d) Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(e) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

Change of mind returns

(a) We offer exchanges (subject to stock availability) or refunds of products for change of mind where you have purchased a product directly from us and where we determine (at our absolute discretion):

(1) you have provided the proof of purchase and you purchased the products within 30 days prior to the request for an exchange or refund;

(2) the products are in their original condition and have not been used, damaged or tampered with;

(3) the products are in their original undamaged packaging with all product tags still intact;

(4) the products are not sale items, custom-made, special buy products or gift vouchers; and

(5) prior to lodging a product for return, you contact our customer service team via hello@malleescrub.com.au.

(b) We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.

(c) Products purchased via specialty stockists or retailers will be subject to the stockist’s or retailer’s terms and conditions and must be returned to their original point of purchase.

Australian Consumer Law

(d) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(e) Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(f) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b) You must not, without our prior written consent:

(1) copy or use, in whole or in part, any of our intellectual property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

(a) Despite anything to the contrary, to the maximum extent permitted by law:

(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1) loss of, or damage to, the products or any injury or loss to any person;

(2) failure or delay in providing the products; or

(3) breach of the Terms or any law,
where caused or contributed to by any:

(4) event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.

(c) Despite anything contrary, to the maximum extent permitted by the law, we will not be liable for any adverse reactions or intolerance to any product placed upon the skin of any person. Before making an order, refer to the detailed product ingredient listing on the Site.

(a) We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.

(b) We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.

(d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(e) Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.

(f) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(i) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(j) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(k) Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.