Terms of service

Terms & Conditions

1. Please read the following Terms & Conditions and our Privacy Policy ("Terms and Conditions") before using our website. If you use this website or make a purchase, you will be deemed to agree with us, Botanical Beverages Pty Ltd ("Banks Botanicals") to be bound by these Terms and Conditions.

2. Banks Botanicals sells its products within Australia. All services provided by Banks Botanicals, including any services provided through this Website are governed by these Terms & Conditions.

3. Banks Botanicals may, at its discretion, revise, change or alter these Terms & Conditions at any time by updating them on this Website.

4. The information on this Website, such as the availability and description of Banks Botanicals' products or delivery information, may change from time to time without notice. While we make every reasonable effort to keep the information on this Website accurate and up-to-date, to the extent allowed by law we assume no responsibility for, and offer no warranties or representations regarding the accuracy or reliability of the Website.

5. Banks Botanicals makes no representations that this Website will operate error-free or that the Website, its servers or the Content are free of viruses or similar harmful features.

6. Purchases may only be made through this Website by using one of the valid payment methods indicated at the point of purchase. Any order placed through this Website for any products advertised on this Website is an offer by you to purchase the products for the price (including postage, packaging and any other applicable charges and taxes) notified to you at the time you place the order. Banks Botanicals retains the right to refuse any offer made by you. All orders are subject to Banks Botanicals acceptance of your offer, the availability of the product and Banks Botanicals's confirmation of price.

7. By placing an order with Banks Botanicals, you confirm that all information that you have provided in completing the order is true and correct. You warrant that you are an authorised holder of any payment method (and any related credit or debit card, bank account or other value account linked to your payment method) used to complete the transaction, and that the nominated payment method will cover the full cost of the goods. By placing an order with Banks Botanicals, you authorise us to debit the amount payable from your payment method. If we are unable to successfully process your payment method to fulfil your payment, we may notify you of the dishonour and cancel your order. 

8. Words or expressions used in these Terms & Conditions that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. Unless otherwise stated, all prices are inclusive of the Australian Goods and Services Tax (GST) and you acknowledge and agree that GST will be automatically applicable to each order placed. Delivery costs will be charged in addition to all prices, such additional charges being clearly displayed where applicable and included in the ‘Total Cost’ (to the extent that Banks Botanicals is reasonably able to determine delivery costs in advance). Delivery costs may vary from the amount stated due to the ultimate destination of the order or other variables beyond Banks Botanicals' reasonable control.

9. Banks Botanicals may replace or vary product prices from time to time prior to the placement of any order made by you. Banks Botanicals will issue a tax invoice for each taxable sale of the products made to you at the time of purchase.

10. The costs of your shipping will be shown at the checkout. If you have provided incorrect or out-of-date information you agree that Banks Botanicals shall not be held liable for delivery of the product to the address notified to Banks Botanicals. Banks Botanicals may have regard to any delivery instructions (at point of delivery) provided by you, but does not accept responsibility or obligation to carry out such instructions.

11. You will own the goods once they have been paid for and you will therefore be responsible for all risks of whatever nature that arise once the goods have been dispatched in good order by us to you.

12. While Banks Botanicals and its delivery providers use all reasonable endeavours to deliver within its expected timeframes, Banks Botanicals does not warrant such time frames and does not accept liability for any loss resulting from late delivery, including delays caused by epidemic or pandemic. Delivery times are subject to postal carrier transit schedules and schedule variations and Banks Botanicals is not responsible for any carrier delay arising for any reason whatsoever.

13. Returns, replacements and refunds are provided only where the product is faulty or damaged and is at the sole discretion of Banks Botanicals. Please notify Banks Botanicals within 14 days of delivery if you believe a product to be faulty or damaged. If you have not used the product, Banks Botanicals reserves the right to request and review evidence that the product is faulty or damaged prior to issuing a refund or a replacement. Where Banks Botanicals accepts a return, free return shipping may be provided and a replacement or refund (the choice being at our discretion) will be issued once the product is received by Banks Botanicals and confirmed to be faulty or damaged. If you have opened and consumed a portion of the product, no refund or exchange can be given.

14. Banks Botanicals will notify you via email of the approval or rejection of your refund or replacement. If you are approved and we elect to provide you with a refund, then we will process your refund back on the payment method you paid with. Refund to your payment method may take up to 5 business days.

15. We may also cancel your order for delivery in exceptional circumstances, in which case we will issue you a refund. These circumstances include, but are not limited to, where the ordered products are not available, if there was an error in the price or description of the ordered products, or we consider that your order is in breach of these Terms & Conditions.

16. All materials on the Website, including but not limited to artwork, photographs, graphics, data, text and trademarks (Content), are owned by or licensed to Banks Botanicals and are subject to copyright and other intellectual property rights. Content is protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted, and may not be used except as permitted in these Terms & Conditions or as indicated on the Website.

17. The use of Content by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms & Conditions or specific permission is provided elsewhere on the Website or specific permission is obtained from us or the third-party owners. Any unauthorised use of images and logos, brands and trade names may violate copyright laws, trademark laws and civil and criminal statutes.

18. Banks Botanicals reserves all other rights to the Content. You acknowledge that you do not acquire any ownership rights by printing, copying or distributing any Content from the Website

19. Banks Botanicals products come with guarantees that 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 product repaired (where appropriate) or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law. These Terms & Conditions do not restrict or modify the rights and remedies to which you may be entitled to under the consumer guarantee provisions of the Australian Consumer Law.

20. To the extent permitted by law, under no circumstances shall Banks Botanicals be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, lost profits, lost data or business interruption) that result from the use of, or inability to use this Website or the Content even if Banks Botanicals has been advised of the possibility of such damages. Furthermore, our liability to you for loss or damage of any kind arising out of or in connection with our agreement or relationship with you is reduced to the extent that you cause or contribute to the loss or damage. This clause applies whether our liability is in contract, tort (including negligence), under any statute or otherwise. 

21. Where Banks Botanicals provides you with a refund, you agree that the refund is the total amount of Banks Botanicals' liability to you in relation to all circumstances relating to the refund.

22. You agree to indemnify, defend and hold harmless Banks Botanicals, its directors, management, officers, employees, agents and affiliates from any and all third party claims, liability, damages and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of these Terms & Conditions. Nothing in these Terms & Conditions derogates from Banks Botanicals' right to maintain any action against you for any part of any unpaid purchase price, for any monies owed to Banks Botanicals or for any damages, loss, liability or other cause of action.

23. These Terms & Conditions and any dispute or claim arising out of or in connection with the Website or Content shall be governed by and construed according to the laws of Victoria, Australia without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction of the courts of Victoria or the Federal Court sitting in Victoria, Australia to resolve any claims or disputes arising from or relating to the Website or the Content.

24. If any provision of these Terms & Conditions shall become or be declared unlawful, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the other provisions in these Terms & Conditions and may be severed without affecting any other provision.

25. Failure by Banks Botanicals to enforce any of these terms shall not constitute a waiver of such terms or any other terms.