1.        DEFINITION

“ABP” means Australian Botanical Products Pty. Ltd. (A.C.N. 006 782 529/ A.B.N. 45 006 782 529);

"Business Day" means a day that is not a Saturday or Sunday or a public holiday in the State of Victoria; 

"Custom Products" means any Products that are not Standard Products; 

“The Customer” means the person who buys or agrees to buy the Products; and

“Products” means any item of whatever nature which is sold by ABP.

"Standard Products" means Products offered on ABP's website which may be ordered as a standard product at the price offered by ABP. 

2.        GENERAL

(a) ABP will supply the Products in accordance with, and subject to these terms and conditions. 

(b) ABP will provide you with an invoice for the Products.  On the issuing of the invoice by ABP, a binding contract will be created between the parties. 

(c) The invoice will state the price for the Product/s. 

5.        PRICE AND PAYMENT

(a) The price of the Products shall be ABP’s price set out in the invoice.

(b) Prices quoted are strictly net and, unless credit arrangements satisfactory to ABP have previously been agreed with the Customer, all invoices shall be payable by the Customer as prepayment is required at time of ordering.

(c) ABP reserves the right to charge interest on any overdue amount at the rate of 2% above the overdraft rate charged from time to time by ABP's banker (compounding daily) from the due date until payment in full is made.  Payments made by the Customer shall be allocated first to interest and then to unpaid invoices in the order in which the invoices were issued by ABP to the Customer.

(d) The Customer agrees to bear all costs incurred by ABP in collecting any overdue amounts including but not limited to collector agency fees, legal fees and court costs. 

(e) If: 

        (i) the Customer defaults in any payment or is unable or states that it is unable to pay its debts as and when they fall due;

        (ii) the Customer being an individual commits an act of bankruptcy or has a controller or trustee appointed in respect of the Customer's estate or any part of the Customer's property or assets;

        (iii) the Customer being a company passes a resolution for its winding up (except for the purpose of reconstruction), or a petition is presented for its winding up or enters into liquidation;

        (iv) a receiver and manager, controller or voluntary administrator is appointed over any part of the property or assets of the Customer; or

        (v) the Customer experiences any analogous event having substantially similar effect to any of the events specified above, 

then ABP may, at its option, withhold further deliveries or cancel any order without notice to the Customer and without prejudice to any other action or remedy which ABP has or might otherwise have under these terms and conditions. 

In such circumstances, all monies owing and outstanding to ABP on any invoice and irrespective of whether the due date on any invoice has occurred or passed shall become immediately due and payable. 

(f) Notwithstanding clause 5(b), ABP may at times in its sole and unfettered discretion and without being under any duty or obligation to assign reasons to such discretion, alter or terminate the Customer's credit limit or payment terms without notice. Without limiting the generality of the foregoing, the decision of ABP shall be final and ABP accepts no liability or responsibility for any loss (including consequential loss), howsoever arising incurred by the Customer due to the exercise of ABP of its rights under this clause. 

(c) In this clause: 

        (i) "credit risk" means if the Customer: 

                (A) suffers an insolvency event or is likely to; 

                (B) has a material judgement entered against it;

                (C) fails to pay an invoice in accordance with these terms and conditions; 

                (D) is or any of its directors or principals are identified by a credit reporting agency as presenting a credit risk; 

                (E) fails or refuses to provide financial and trading information satisfactory to ABP; 

                (F) is trading as a trust; or

                (G) relocates its main office overseas. 

        (ii) "financial security" means any form of security for the performance of the Customer's obligations, including a deposit of funds, payment in advance, a guarantee, change of payment terms and conditions, or a letter of credit. 

        (iii) "letter of credit" means a letter of credit on a form acceptable to ABP and provided by a bank acceptable to ABP. 

7.        PERSONAL PROPERTY SECURITY ACT ("PPSA")

Australia only

(a) The Customer acknowledges that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest on all of the Customer's present and after-acquired Products supplied by ABP. 

(b) ABP and the Customer agree that nothing in sections 130(1)(a) and 143 of the PPSA will apply to these terms and conditions. 

(c) The Customer waives its rights as a debtor under sections 92, 93, 94, 95, 97, 118, 121, 132, 135, 140 and 142 of the PPSA. 

(d) The Customer further agrees that where ABP has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply. 

(e) In this clause: 

        (i) "security agreement" means the security agreement under the PPSA created between the Customer and ABP; and

        (ii) "security interest" has the meaning given to it by the PPSA. 

8.        DELIVERY

ABP will make all reasonable efforts to have the Products delivered to the Customer at the address specified on the date agreed to between ABP and the Customer (delivery date). 

However, the Customer acknowledges that any date named or accepted by ABP for completion, delivery, despatch, shipment or arrival of the Products is an estimate only and does not constitute a condition of the contract or part of the description of the Products.  ABP is under no liability whatsoever should delivery not be made on the delivery date.

9.        RISK AND TITLE

(a) All risk in and to the Products purchased shall pass to the Customer upon delivery to the Customer or any agent or other carrier commissioned by the Customer to take possession of the Products.  Legal and equitable title in and to the Products shall not pass to the Customer until payment in full for all Products, the subject of the invoice, is made. 

(b) The Customer acknowledges that if it sells the Products before title in and to the Products has passed to the Customer in accordance with this clause, it sells the Products as a fiduciary agent of ABP provided that such sales shall not give rise to any obligations on the part of ABP.  The Customer shall be deemed to hold the proceeds of sale on trust for ABP in a separate account and immediately remit such funds to ABP.  If any of the Products are used in a manufacturing process or mixed with other materials, the Customer shall record the value of Products so consumed in relation to each unit of finished product and upon sale of any unit of finished product immediately remit that amount to ABP.

10.        CANCELLATION OF ORDERS

ABP has the sole discretion to accept or reject any order cancellation request by the Customer. If a cancellation request is accepted by ABP, the Customer will be liable for any loss or expense incurred by ABP in respect of that order (including without limitation, shipping (including the cost of the original shipment and any subsequent shipment to recover Products or to forward them to another customer) and payment for any Products ordered by ABP from its suppliers relating to that order.

11.        INSPECTION AND ACCEPTANCE

(a) The Customer shall be responsible for checking the delivery of Products upon receipt and shall report any discrepancy in the quantity of the Products ordered by the Customer to ABP at the time of delivery. Failure to report any discrepancy to ABP within 48 hours shall constitute acceptance by the Customer that the quantity of Products delivered matches the quantity of Products ordered by the Customer. 

(b) The Customer shall be responsible for checking the quality of the Products and shall report any discrepancy in the quality of the Products ordered by the Customer to ABP after delivery. Failure to report any discrepancy to ABP within 10 Business Days shall constitute acceptance by the Customer that the quality of the Products delivered matches the specifications of the Products as stated on the invoice. 

14.        WARRANTIES

(a) ABP warrants that the Products supplied will conform to the specifications as referenced in the invoice in relation to the Products. 

(b) TO THE EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, GUARANTEES, TERMS, REPRESENTATIONS AND UNDERTAKINGS, OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR VERBAL, STATUTORY OR OTHERWISE, AND WHETHER ARISING UNDER THIS AGREEMENT OR OTHERWISE, ARE HEREBY EXCLUDED INCLUDING, WITHOUT LIMITATION, THE IMPLIED GUARANTEES OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PROVIDED THAT, TO THE EXTENT THAT ANY SUCH PROVISION CANNOT BE EXCLUDED AND IS IMPLIED INTO THESE TERMS AND CONDITIONS, ABP'S LIABILITY IS LIMITED, IN RELATION TO THE PRODUCTS:

        (i) THE REPLACEMENT OF THE PRODUCTS OR THE SUPPLY OF EQUIVALENT PRODUCTS; OR

        (ii) THE REFUND OF THE PRICE PAID BY THE CUSTOMER OF THE PRODUCTS. 

Auroma Respects Privacy

Auroma is committed to complying with its obligations under the National Privacy Act as contained in the newly amended privacy legislation which came into effect on 21 December 2001. If you require further information regarding the guidelines, please go to the website of the Office of the Federal Privacy Commissioner.

Collection of Personal Information

In order to provide better service to our valued customers, we may request personal details such as your name, address, telephone number or e-mail address. If you choose to withhold requested personal information, we may not be able to provide you with the customer service you require should that depend on the collection of that information, particularly if the collection of that information is required by law.

Use of Personal Information

The personal information that we seek is generally used for the purpose of being of service to you. We do not use your personal information for any purpose other than for the purpose for which it was disclosed (e.g. the Auroma newsletter).

Your personal information is also collected to promote and market Auroma products and services we offer and which we consider may be of interest to you. If you do not wish us to contact you in relation to such services, please contact us.

We do not provide or sell your personal information to third parties.

Storage and Security of Personal Information

Auroma takes measures to ensure your personal information is protected from unauthorised access, loss, misuse, disclosure or alteration.

Your personal information is stored in secure electronic databases. We use a number of appropriate security procedures and technology to protect this information. We also take measures to remove your personal information when it is no longer required for the purpose for which it was collected.

Personal Information Collected from www.auroma.com.au

We take care to ensure that the personal information you give us on our website is protected.

You can access external websites by clicking on links we have provided. These other websites are not subject to Auroma privacy standards, policies and procedures. Please refer to their privacy statements and/or Privacy Officers regarding the information stored, gathered and presented via that web site.

Access to Personal Information

We take all reasonable steps to ensure that your personal information is as accurate as is possible. We will always provide you with access to any personal information we hold about you. You are able to contact us at any time and ask for its correction if you feel the information we have about you is inaccurate, incomplete or out of date.

Before we provide you with access to your personal information, we will require some proof of identity. We do this to protect the confidentiality of your personal information.

Updates of the Auroma Privacy Policy

We may amend this policy from time to time. If we make any substantial changes in the way we use your personal information, we will notify you by posting a prominent announcement on our pages.

How to contact Auroma

If you have any issues you wish to raise with us, or would like to discuss any issues about our Privacy Policy, you are welcome to speak with the customer service team who will resolve your issue in the best way possible. Please contact us on +61 3 9709 4800, by fax at +61 3 9708 4866 or contact us by submitting a form