Terms and Conditions

 

PRIVACY POLICY

The Formulated is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone. We use this information to identify your orders, provide you with our newsletter and to personalize your shopping experience with us.

Registered users may receive additional announcements from us about products, services or special deals. At any time users can choose not to receive information by emailing us at orders@theformulated.com


GENERAL

These terms and conditions, our Privacy Policy, any other terms and conditions and policies that you may find on the Sites (such as our Returns & Exchanges Policy) and any applicable laws or regulations (collectively, Terms) govern your use of, and access to, the Sites, our related websites and social media channels, and the products and services provided therein, regardless of your means of access.

We encourage you to read the Terms, and consult our Help section if you have any particular questions in relation to the Terms or the Sites. By accessing or using the Sites, you acknowledge that you have read, understood, and agreed to the Terms.

If you access and use any part of the Sites on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf. To the extent you do not have such authority, you agree to be bound to the Terms and to accept liability for any harm or loss caused by any wrongful use of the Sites or Content resulting from such access or use.


SECURITY

The Formulated makes every effort to ensure that all of the transactions that occur on its website are secure. We provide a range of payment methods including VISA, MasterCard and AMEX.  All orders are processed over guaranteed secure industry standard SSL Certificate (Secure Sockets Layer) encryption technology.


COOKIES

This website uses cookies. It is a requirement of purchasing from this website that you allow your browser to accept cookies. We may use cookies to learn about how people use our website, what they are interested in and to help us make a better website. Like most other websites, we may automatically record details about any computer used to access the website such as the date and time of access, the IP address, domain name and details of the information accessed.


PRODUCTS & CONTENT

All The Formulated content, products and prices depicted on this Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the photos and descriptions of our products, including the applicable colours; however, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.


SHIPPING LIMITATIONS

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.


APPLICABLE LAW

The Terms are governed by the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in Queensland, Australia.


MODIFICATION

We may modify or remove any part of these Terms, or content of the Sites, at any time without notice. Any changes are effective immediately upon posting to, or removal from, the Sites. Your continued use of the Sites thereafter constitutes your acceptance of any changes to the Sites or Terms. If you do not agree to any change, then you must immediately stop using the Sites.

You should read the Terms before placing an order online and check back often for any changes. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.

We do not promise to continue to offer or maintain the Sites. We may, at any time and without prior notice to you, withdraw the Sites from use and terminate any or all of the rights granted by the Terms.


PLACING ORDERS 

Currently, you may only place an order via THE FORMULATED websites at https://theformulated.com/. To place an order or make a booking, you must:

  • meet the eligibility criteria (see below); and

  • provide your personal and payment details, including your full name, phone number, e-mail address and any other requested information. By providing these details, you represent and warrant that they are valid and correct and that you are the person specified in the ‘Billing information’ section.

You will meet the elibility criteria if:

  • you hold a valid credit or debit card issued by a bank that is acceptable to THE FORMULATED or you hold another means of payment that is acceptable to THE FORMULATED, such as a valid Paypal or Afterpay account (Alternative Payment Method);

  • you have authorised THE FORMULATED to process 1 or more charges on your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the goods or services that are the subject of the order.

We may use your personal information (eg your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions.

Please refer to our Privacy Policy for further information about how we use your personal information.


ACCEPTANCE OF YOUR ORDER OR BOOKING

When you place an order or make a booking via the Sites, you make an offer to purchase the selected goods or services from us in accordance with these Terms. Unless you cancel your order or booking, your offer is accepted, and the contract for the supply of the goods or services completed, when:

  • in the case of goods, an email is sent from us (or our authorised agent) confirming that the goods have been dispatched and handed over to the designated carrier; or

  • in the case of services, we commence providing the services to you in accordance with the booking.

For the avoidance of doubt, your offer has not been accepted when:

  • you add 1 or more items to your cart; and / or

  • following the placement of your order or booking, you receive an email acknowledging details of your order or booking. This email is only intended to confirm that we have received notice of, but not accepted, your order or booking.

 

We reserve the right to:

  • reject your offer at any time at our discretion, including in the event that we are unable to obtain authorisation for payment, the goods or services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms;

  • refuse to provide services to you and retain your full prepayment amount in the event that you are more than 20 minutes late to a service booking; and

  • restrict or limit the quantity of particular goods being shipped to any one customer or postal address.


 

PRICES

Prices are inclusive of GST and are displayed in:

  • Australian Dollars (AUD) on our Australian Site

Prices are subject to change, effective immediately upon posting to the Site(s) or other form of notification.


SHIPPING

Shipping of orders is governed by our Shipping Policy


INTENDED USE

By placing an order or making a booking with us, you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.


INDEMNITY

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of the Terms;

  • any breach or inaccuracy in any of your representations or warranties; or

  • your use of the Sites or Content.


NO COMMERCIAL USE

The Sites (and any goods or services purchased on or via the Sites) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Sites. You may not use the Sites (and any goods or services purchased on or via the Sites), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.


USE OF INFORMATION

If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Sites, you:

  • agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;

  • consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and

  • agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.

You agree that you will not upload or otherwise provide any User Content that:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;

  • infringes the intellectual or other proprietary interests of third parties;

  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Sites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Sites or otherwise breaches or encourages other users to breach the Terms;

  • violates any law, statute or regulation;

  • forges information to disguise the origin of any User Content; or

  • encourages or incites any other person to engage in any of the above behaviour.


THIRD PARTY SITES

We may include hyperlinks on the Sites to other websites, platforms or resources operated by third parties (Third Party Sites). The Formulated Pty Ltd is not responsible for the content or accuracy of any Third Party Sites linked to or from the Sites, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including 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 enquires regarding the content of Third Party Sites. Your linking to or from the Third Party Sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites 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 The Formulated Pty Ltd.


BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of the Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Sites. In any event, we may terminate the Terms (and your right to use the Site) at any time and for any reason, without prior notice to you.


RELATIONSHIP

No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.


FORCE MAJEURE

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, 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 and failure or shortage of power supplies or other essential utility.


OFFERS

All terms of an offer must be met.

Offers are valid only for the period specified and will end at 11:59am AET on the end date, unless stated otherwise in the offer terms. Orders placed on days with free shipping offers are not eligible for our 2pm same day dispatch guarantee.

Items on sale during THE FORMULATED pre-sale offer will be subject to an order quantity limit per customer, per order, which we may determine or amend (in our absolute discretion) at any time.

Please note offer periods are subject to product availability and will terminate early if stocks run out.

We reserve the right to vary, withdraw or cancel offers for any reason at any time.


NO WAIVER

Any failure to enforce any of our rights does not constitute a waiver of those rights.


SEVERABILITY

Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.