Terms & Conditions
Updated March 2023
Terms and conditions for goods sold by Serenity pH Pty Ltd from the Website.
These terms and conditions (“Terms and Conditions”) constitute a legally binding contract between the customer (“You” or “Your”) and Serenity pH Pty Ltd (ABN 45 640 961 084) (“Serenity pH”, “We” or “Our”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from Serenity pH. By placing an order for Goods from Serenity pH You agree to these Terms and Conditions. You and Serenity pH are referred to as a “Party” and collectively as the “Parties”.
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Please read the following Terms and Conditions carefully before placing Your Order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
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1. Definitions
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1.1 These meanings apply unless the contrary intention appears:
“Authority to Leave Goods” means an authority provided by You, whether to Serenity pH or to the Delivery Service Provider, for the Delivery Service Provider to leave Goods at a place that You believe is safe at, or outside, the delivery address;
“Account” means a personal account or membership account created by You on the Website;
“Additional Delivery Charge” has the meaning given in Provision 3.4;
“Delivery Charge” has the meaning given in Provision 3.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. Delivery options may include standard delivery, express delivery, and same day delivery, and may include registered delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option and for Your delivery address;
“Delivery Service Provider” means the shipping carrier engaged by Serenity pH to deliver the Goods included in an Order to the delivery address You provide in the Order;
“International Delivery Charges” has the meaning given in Provision 3.5;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access Your Account;
“Pre-Orders” means an Order placed for a product(a) that is described as “Pre-Order” on the Website because the Goods is are anticipated, new products or out-of-stock items that are not yet available or in stock;
“Selected Delivery Option” has the meaning given in Provision 9.7; and
“Website” means serenityph.com.au.
2. Your legal rights
2.1 Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides You with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Serenity pH represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified. To the extent the law permits, this document prevails to the extent it is inconsistent with any law.
3. Pricing & Taxes
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3.1 Prices for Goods are as shown on the Website.
3.2 Serenity pH reserves the right to change the prices of Goods at any time without notice to You. The price displayed at the time that You place Your Order will continue to apply to You even if the price changes before Your Order is accepted by Serenity pH.
3.3 In addition to the price for the Goods, You will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for Your Selected Delivery Option.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) You may also need to pay any additional delivery charges which are not shown in Your shopping cart but which We incur because You live in an area where light aircraft or barge transport is required, or to which Our Delivery Service Provider does not provide a door-to-door service (“Additional Delivery Charge”). Such charges may apply even where the item or Order is shown on the Website as having “free delivery”, “free freight” or similar. If You live in an area to which an Additional Delivery Charge will apply Serenity pH will contact You before accepting Your Order and provide You with a quote for the Additional Delivery Charge.
3.5 If Serenity pH agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to Your relevant country, will appear in Your shopping cart.
3.6 By placing an Order You agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of Goods and Services tax.
4. Your Account for Orders Placed on the Website
4.1 You can check-out as a guest on the Website when you purchase Goods. If you wish to create an Account, additional functionality on the Website may be available to you, for example, order history and order status.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that You enter all information carefully when creating an Account. You warrant to Serenity pH that all information provided by You in relation to Your Account is complete, true and accurate.
4.4 You must notify Serenity pH immediately if You become aware of any actual or potential unauthorised use of Your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Serenity pH will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) Your Account information being incomplete or inaccurate; or (ii) any unauthorised use of Your Password or Account, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If Serenity pH suffers any loss, damage, cost or expense as a result of any unauthorised use of Your Password or Account which takes place before You notify Serenity pH pursuant to provision 4.4 above then You must pay Serenity pH the amount of that loss, damage, cost or expense if Serenity pH asks You to.
4.7 Serenity pH may, in its sole and absolute discretion, terminate your Account or your use of the Website at any time without notice and for any reason whatsoever. Serenity pH reserves the right to change, suspend or discontinue all or any aspects of the Website at any time and for any reason whatsoever without prior notice to You.
5. Orders
5.1 You can place an Order by following the instructions on the Website.
5.2 An Order submitted by You is an offer by You to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of Your Order and any applicable Additional Delivery Charge or International Delivery Charge. Serenity pH may accept or reject Your offer in its sole and absolute discretion. In particular, but without limitation, Serenity pH may reject Orders for commercial quantities of Goods. If You wish to order commercial quantities of Goods please contact sharon@serenityph.com.au.
5.3 Each Order that You place will, if accepted by Serenity pH, be a separate and binding agreement between You and Serenity pH with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
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5.7 Please ensure that You enter all information carefully when placing an Order. You warrant to Serenity pH that all information provided by You in relation to each Order is complete, true and accurate.
5.8 Please check Your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Serenity pH.
5.9 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Serenity pH will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Your Order information being incomplete or inaccurate or as a result of being unable to change or cancel Your Order once it has been accepted by Serenity pH, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.10 Where You place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge and or International Delivery Charge if applicable) will apply to each Order. Serenity pH does not consolidate separate Orders into one delivery.
5.11 Where You order more than one item in one Order, all Goods for which Your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example where the Goods have different availability statuses.
5.12 You acknowledge and agree that all Goods that You order are intended for and must only be ordered for personal, domestic, and non-commercial use.
5.13 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, Your Order might not be received, Your Order may be lost or misdirected, or Your Order might be delayed.
5.14 You must take Your own precautions to ensure that the process which You employ for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system, and contains appropriate protection to prevent damage to Your computer system caused by viruses, malicious computer code or other forms of interference.
5.15 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Serenity pH will not be liable to You, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Provision 5.13 or arising out of or in connection with You accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. After you have Submitted an Order/Payment
6.1 When You submit an Order You should receive an Order reference number via email or other form of electronic message.
6.2 Serenity pH will process payment for Your Order when, or shortly after, You place Your Order. You will receive a notification via email or other form of electronic message that includes the words “Your order has been shipped” or words to that effect (“Dispatch Confirmation”) once Your Order has been packed and is ready to be shipped by the Delivery Service Provider. Your Order is deemed to be accepted by Serenity pH when Serenity pH sends You the Dispatch Confirmation, however, Serenity pH may, in certain circumstances, cancel Your Order after acceptance in accordance with these Terms & Conditions. In the event that Serenity pH cancels Your Order having already processed payment, it will refund payment in accordance with Provision 14.1.
6.3 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Provision 6.2 above and the time of the dispatch of the Pre-Order, Serenity pH will refund the value of the price reduction to You.
6.4 When Serenity pH accepts an Order it represents an agreement by Serenity pH to supply the Goods to You in accordance with Your Order subject to receiving payment from You, if it has not already been received, and subject to these Terms and Conditions. Payment will only be deemed to have occurred once it has cleared.
6.5 You may pay for Goods by debit or credit card (those listed on the Website), certain prepaid payment cards, PayPal account, Serenity pH Gift Card or any other payment method stated as being available on the Website (if any).
6.6 You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the debit or credit card/payment card/account or other payment method does not match the name on the Order, Serenity pH may refuse to accept Your order or ask You to provide additional information (for example, proof of identity documents). By providing Your debit or credit card/payment card/gift card or selecting one of the other available payment methods You duly authorise Serenity pH to deduct the price and the applicable delivery charge(s) from such card or payment methods.
6.6 Serenity pH reserves the right to change the payment methods that can be used for Orders at any time in its sole and absolute discretion.
6.7 Serenity pH may not be able to, or may decline to, accept payment from You by Your nominated payment method at any time for any reason including, without limitation:
(a) where We reasonably believe there to be fraud related irregularities;
(b) because Your financial institution or other payment method provider has declined payment; or
(c) because Your payment card or Your access to the other payment method has expired.
Where this is the case, Serenity pH reserves the right to cancel Your Order, or to place Your Order on hold and request You to provide additional information (for example, proof of identity documents) or to arrange payment by another method.
6.8 When You submit an Order, Serenity pH may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled in accordance with these Terms and Conditions. If an Order is cancelled, any pre-authorisation may still appear in Your account as a pending transaction for a period of time, which will vary depending on Your financial institution (eg. 7 to 30 days). After such time, the funds will become available again for You to use.
7. Cancellation of Orders
7.1 Serenity pH reserves the right to cancel an Order that it has previously accepted any time before delivery of the Goods to the delivery address and for any reason. Serenity pH may do this for example, but without limitation, where:
(a) Serenity pH’s suppliers are unable to supply Goods to it within a reasonable time;
(b) an event beyond Serenity pH’s control, including but not limited to, a storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or a failure of computer systems, means that Serenity pH is unable to supply or the Delivery Service Provider is unable to deliver the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted; or
(d) in the circumstances set out in Provision 6.7.
7.2 You may cancel Your Order where Serenity pH:
(a) has breached a material term of these Terms and Conditions;
(b) is not able to deliver Your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay:
(i) for which You are wholly or partly responsible, including but not limited to Your failure to provide the correct delivery address or to pay for the Goods; or
(ii) which was outside Serenity pH’s control including but not limited to the situations set out in Provisions 7.1(a) and 7.1(b) above.
7.3 Where Serenity pH cancels Your Order after acceptance we will send You an email or other form of electronic message notifying You of the cancellation.
7.4 In the event of Serenity pH or You cancelling Your Order in accordance with these Terms and Conditions and after it receives payment for the Order, Serenity pH will refund any money paid in respect of that Order. Provision 14 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Serenity pH will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of Your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Availability of Goods
8.1 As Serenity pH is dependent upon its suppliers to provide stock, Serenity pH cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Serenity pH reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to You. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Serenity pH will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9. Delivery
9.1 Risk and title in the Goods will pass to You on the date and time of delivery or attempted delivery of the Goods to the delivery address provided in Your Order. You agree that delivery or attempted delivery will be deemed to have occurred on the date advised to Serenity pH by the Delivery Service Provider as the date it delivered or attempted to deliver the Goods.
9.2 Serenity pH is unable to deliver to certain addresses and where this is the case is under no obligation to do so.
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9.4 If You have provided us or the Delivery Service Provider with an Authority to Leave Goods, We will leave the Goods at the agreed place. Risk and title in Goods passes to You at this time and You will bear the risk of any loss or theft of the Goods.
9.5 On delivery, if You are not available to receive the Goods in person, unless you have given us an Authority to Leave Goods We will at Our discretion either:
(a) take Your Goods to Our Delivery Service Provider’s local depot;
(b) take Your Goods to a Serenity pH nominated alternate delivery point that is close to Your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or
(c) re-deliver Your Goods to Your delivery address at a later date; and
the Goods will be deemed to have been delivered in accordance with our requirements pursuant to these Terms and Conditions.
You will receive an email, other form of electronic message, and/or a calling card at Your delivery address, containing details of the local depot, alternate delivery point, or other relevant contact details, for You to arrange for the collection or the re-delivery of Your Goods.
9.6 If You require Goods that You have ordered to be redirected to an address which is not the original Order address, and such Goods have already been dispatched, Serenity pH will use reasonable endeavours, but is not required, to redirect the Goods to Your requested address.
9.7 When You place an Order for Goods to be delivered, You will be required to select one of the available Delivery Options for Your Order. An estimated delivery time will be listed on the Website for the Delivery Option that You select (“Selected Delivery Option”) for Your Order. Serenity pH will use reasonable endeavours to deliver the Goods in Your Order within the estimated delivery time for the Selected Delivery Option. The estimated delivery time for Your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for Your Order.
9.8 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, neither Serenity pH or its agents will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of Serenity pH or the Delivery Service Provider leaving the Goods in accordance with any Authority to Leave Goods given by You, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
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12. Delay in availability or delivery of Goods
12.1 You agree and acknowledge that:
(a) Serenity pH does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out on the Website at the time of submitting Your Order, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for Your Order, or any other time frames otherwise specified by Serenity pH or any of its staff;
(b) stock availability and events outside Serenity pH’s control (including but not limited to adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent Your Goods from being delivered;
(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Serenity pH nor any of its agents will be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to You, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
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14. Refunds of your money
14.1 Where Serenity pH is obliged to or has agreed to refund Your payment pursuant to these Terms and Conditions, Serenity pH aims to initiate Your refund to Your original payment method(s) within 2 business days (Monday – Friday 9 am to 5 pm Melbourne time). The additional time that it takes for You to actually receive Your refund will depend upon how quickly Your financial institution or other payment provider processes the refund. Please note that where Goods have been purchased using a Serenity pH gift card, a replacement gift card may be issued with the applicable refund included, at the obsolete discretion of Serenity pH. Please note that if Serenity pH is obliged to provide You a partial refund of Your payment for specific Goods in Your Order, We are not obliged to refund the Delivery Charge relating to the Order.
14.2 For credit card or PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly Your issuing bank or PayPal (as the case may be) processes the cancellation. For any other payment methods, the time it takes for the refund to take effect will depend on how quickly the relevant payment provider processes the cancellation.
14.3 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Serenity pH will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in You receiving any refund due to You, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
15. Returns/Damaged Goods
15.1 You should check Your Goods as soon as they are delivered to You in order to ensure that:
(a) they are what You ordered; and
(b) they are not damaged.
15.2 If any Goods delivered are damaged or You otherwise wish to return them, please contact Us at sharon@serenityph.com.au (or via the “Contact Us” link on the Website) as soon as possible and advise Us of the problem with the Goods or why You want to return them.
15.3 If the Goods delivered to You are damaged Serenity pH will, at its discretion, either replace the damaged Goods, refund to You the price paid for the damaged Goods, or issue You with a credit equal to the price paid for the damaged Goods, which credit You may apply against any future Order You submit via the Website.
15.4 When returning Goods please provide Serenity pH with the order or invoice number relating to the Order;
15.5 If you are returning Goods due to a change of mind, You are entitled to a refund. The value of the refund will be equal to the amount You paid to Serenity pH for the returned Goods less the Delivery Charge and any Additional Delivery Charge You paid, or which You would have paid for the Order if it hadn’t qualified for free delivery. You will be responsible for the return shipping cost.
16. More Information about Serenity pH's Liability to you
16.1 To the full extent permitted at law, Serenity pH is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
17. Privacy and Marketing
17.1 Serenity pH policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.
17.2 When you check out as a guest on the Website or when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word suggested in the SMS (eg. “STOP” or “UNSUB” or “REMOVE”) to the mobile number stated in the text message you receive.
18. Additional Terms and Conditions
18.1 Your use of this Website is governed by the Website Terms of Use which forms part of these Terms and Conditions.
19. General
19.1 Serenity pH reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website and Serenity pH is not required to notify you of the amendment or that these Terms and Conditions have been amended. The Terms and Conditions which apply at the time that You place Your Order are the Terms and Conditions which will apply to Your Order.
19.2 Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
19.3 The laws of Victoria, Australia, and of the Commonwealth of Australia shall govern the construction, validity and performance of these Terms and Conditions.
19.4 No oral explanation of information or of these Terms and Conditions provided by any party to another shall: (a) affect the meaning or interpretation of this Deed; or (b) constitute any collateral agreement, warranty or understanding between any of the Parties.
19.5 A failure of Serenity pH at any time to insist on performance of any provision of these Terms and Conditions is not a waiver of its right at any later time to insist on the performance of that or any other provision.
20. Rules for Interpreting this Document
Headings are for convenience only and do not affect interpretation. The following rules apply unless the context requires otherwise:
(a) The singular includes the plural and the converse;
(b) A gender includes all genders;
(c) Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(d) A reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it; and
(e) Mentioning anything after “include”, “includes” or “including” does not limit what else might be included.