Terms & Conditions

All goods are sold and supplied by Get Fresh Cosmetics Pty Ltd ABN 42 103 036  344("Get Fresh") to you ("the Customer") on the following terms and conditions:

  1. Terms
    1. The Customer acknowledges having received and read a copy of Get Fresh's current terms and conditions of trade ("the Terms of Trade").
    2. Get Fresh may vary the Terms of Trade at any time by publication of new terms of trade on its web site or by notice in writing to the Customer.
    3. The Customer upon ordering any goods from Get Fresh is deemed to have accepted and is bound by the Terms of Trade current at the time the order is made.
  2. Prices
    1. The prices charged for goods shall be the prices determined by Get Fresh at the date of despatch.
    2. Prices are subject to change without prior notice to the Customer.
    3. The prices quoted for goods do not include any GST, freight and handling charges, which are payable by the Customer.
  3. Payment
    1. The Customer must pay Get Fresh for all goods in full within 30 days from the date of Get Fresh's Statement to the Customer, for all customers that have an active account with Get Fresh
    2. For all COD orders, payment must be made in full prior to the goods being disaptched.
    3. Get Fresh accepts payment by Visa, MasterCard, EFT and cheque.
  4. Default
    1. Get Fresh may immediately and without further notice, refer the matter to a debt collection agency. In this event, it is further agreed that the Customer will be liable to pay Get Fresh the outstanding amount together with any interest and all legal costs and expenses incurred in attempting to recover the debt, including any commissions or other amounts payable to a debt collection agency.
  5. If payment in full is not received by Get Fresh within the time stipulated in clause 3(a) then the Customer agrees:

  6. Customers
    1. Goods will only be supplied to a Customer on credit at the discretion of Get Fresh.
    2. Get Fresh may at any time in its discretion disallow a Customer credit, decline an order or stop delivery.
    3. New Customers must pay Get Fresh for goods in full prior to despatch.
    4. New Customers will remain on a proforma basis until Get Fresh determines in its discretion that the Customer may be allowed credit Terms and has received and approved a completed Credit Application form from the Customer.
  7. Credit Checks
  8. The Customer acknowledges and agrees that, upon submission of a completed Account Application Form, Get Fresh is authorised to perform any credit checks on the Customer or any director or guarantor of the Customer with third parties as it requires.

  9. Minimum Orders
    1. The minimum order for all Customers is $250. (GST and Freight exclusive).
  10. Special Orders
    Special orders of goods or goods made to the Customer's specifications:
    1. must be paid for in full at the time of order;
    2. will not be accepted by Get Fresh for exchange, return or cancellation, unless defective.
  11. GST
  12. If a goods and services tax or other value added tax ("GST") applies in respect of any supply made to the Customer under or in connection with these Terms of Trade, the amount payable for that supply will be increased by the rate of GST applicable at that time and is payable by the Customer.

  13. Freight & Handling Charges
    1. All prices exclude Freight and Handling charges
    2. The Customer shall pay the GST on the Freight and Handling charges.
  14. Returns
    All Credit Claims should be made in writing. They may be sent by:
    • Post
    • Email: sales@getfresh.com.au
    • Fax to (for international) +61 3 9532 1177
    • Price Adjustment: Customer must notify us within 7 days of receipt of goods
    • Faulty Goods: Customer must notify us within 30 days of receipt of faulty goods
    • Short Supply: Customer must notify us within 7 days of receipt of order.
    • Freight incorrectly charged: Customer must notify us within 7 days of receipt of invoice
    • The Customer is not entitled to cash refund for the goods.
  15. Intellectual Property
    1. Get Fresh is the registered owner of various trade marks and has copyright in the various images and names associated with its goods ("the Intellectual Property").
    2. The Customer acknowledges and agrees that it may not use the Intellectual Property otherwise than in the promotion of goods purchased from Get Fresh.
  16. Warranty
    1. All warranties, conditions and representations, whether express or implied, other than an express warranty in writing by Get Fresh, are expressly excluded except to the extent Get Fresh is by law unable to exclude, limit or modify its liability.
    2. To the extent permitted by law, Get Fresh shall not be liable to the Customer for loss of profit or other economic loss or any damages in relation to any goods supplied to the Customer by Get Fresh or for any negligence by Get Fresh, its employees agents.
    3. The liability of Get Fresh in relation to the supply of goods is limited, where permitted by law, to the replacement of the goods or a credit note for the value of the goods.
  17. Ownership of Goods
    1. Property and ownership of the goods will not pass to the buyer but will remain the property of the seller (Get Fresh) until payment of the purchase price of the goods and all other amounts owing to the seller by the buyer.
  18. General
    1. Whilst all care has been taken, Get Fresh, will not be bound by any errors or omissions which may appear in any of its invoices and statements or its price lists, catalogues or other promotional material.
    2. No variation of the Terms of Trade except as provided for in clause 1(b) shall be binding unless approved in writing by Get Fresh.
    3. Any terms contained in the Customer's Order or other document issued by either Get Fresh or the Customer which are inconsistent with the Terms of Trade shall, to the extent of the inconsistency, have no legal effect.
    4. If any term or part of the Terms of Trade is illegal or unenforceable it shall be construed as being severed from the Terms of Trade and the remaining terms shall continue in full force and effect.
  19. Jurisdiction
  20. The parties agree to submit to and be bound by the laws and courts in the State of Victoria

  21. Privacy
    1. Get Fresh complies with the Privacy Act, 1988 as amended and is bound by the National Privacy Principles dealing with the collection, use and storage of personal information.
    2. The Customer authorises Get Fresh to collect, retain, record, use and disclose personal information about the Customer (or any director or guarantor of the Customer) to other persons or entities for the purposes of processing an Account Application Form submitted by the Customer, or for assessing the credit worthiness of the Customer (or any director or guarantor of the Customer), or for notifying and instructing a debt collection or credit reference agency or a solicitor or other professional consultant and for the marketing of goods provided by Get Fresh.