Terms and Conditions
This document contains the terms and conditions that govern your use of this website, including your rights and responsibilities (‘Terms & Conditions’). Please read these Terms & Conditions carefully. Your use of this website constitutes your agreement to follow and be bound by the Terms & Conditions. If you do not agree with any of these Terms & Conditions, please cease using this website.
This site is owned and operated by XOE AND THE FOX, ABN 218 402 620 92 (referred to below as ‘XOE AND THE FOX’, ‘we’, ‘us’, ‘our’ or ‘it’).
We reserve the right to amend these Terms & Conditions from time-to-time to account for changes in technology, applicable laws and our business operations. As such, if you are or intend to be a returning customer, you should check these Terms & Conditions from time-to-time for such changes.
Placing an order with XOE AND THE FOX means that you have read and accepted these Terms & Conditions and that you have accepted our Shipping & Delivery Terms, which can be viewed here.
Shipping
Australian orders are sent with Australia Post or Sendle and are therefore bound by Australia Post's and Sendle’s delivery terms and times. You can view these by visiting www.auspost.com.au or www.sendle.com.au.
We aim to process orders placed by 5pm AEST Monday - Friday on the same day and dispatch them by the next business day. Orders placed after 5pm AEST may be process the following day and dispatched the next business day after that.
Orders are not processed or dispatched on weekends or Australian public holidays.
Once your order has been dispatched you will receive tracking notifications.
Delivery or tracking enquiries are your responsibility, as the customer, and can be made at www.auspost.com.au or www.sendle.com.au by quoting your tracking number.
Important Information
1. Property in the products purchased from us passes to you, as the customer, upon dispatch of your order by us. This means that the products are at your risk from the time of dispatch, whether delivery has been made to you or not. You agree that this clause amounts to an agreement varying the otherwise assumed position set out in section 25 of the Goods Act 1958 (VIC).
2. XOE AND THE FOX takes no responsibility for lost, stolen or damaged parcels. In the rare event that an item is lost, stolen or damaged, for privacy reasons enforced through Australia Post, it is your responsibility as the customer to report and resolve the issue with Australia Post or Sendle directly.
3. We will instruct Australia Post and Sendle to leave the order at the address advised by you at the time of purchase. You must ensure that you are able to take delivery of the products without undue delay and at any time reasonably specified by us. Australia Post or Sendle may contact you via SMS or email prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the item at the address, or have delivery re-routed to a collection point. Alternatively, Australia Post or Sendle may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.
4. Further to paragraph 1 above, XOE AND THE FOX is not responsible for products that have spoiled due to weather conditions during delivery transit. It is advised that you have your parcels delivered to a cool, dry and weather safe address. Please also ensure your letterbox is large enough to fit parcels, otherwise you will likely receive a delivery card as stated in paragraph 3 above.
5. We will endeavour to make sure that the products listed on our website correctly show stock availability and that pricing is true and correct. In the unlikely event that an ordered item isn’t available, or we are unable to fulfil your order, we will notify you within 24 hours to arrange a backorder or a full refund for that product.
6. Where a parcel is returned to us because of incorrect or incomplete address details there will be an additional handling and postage charge of $5 to resend your parcel. It is your responsibility as our customer to ensure the delivery address provided to us is correct. XOE AND THE FOX does not accept responsibility for incorrect address details, unless the address noted on the parcel does not match the address you provided to us at the time of ordering.
7. All orders placed must be submitted in English only.
Returns Procedure
XOE AND THE FOX is committed to providing luxurious, non-toxic beauty products and extremely supportive online customer service to our customers. Our commitment to the ongoing research and development of cutting-edge products that contain the very best ingredients nature has to offer, enables us to support our customers with a product guarantee that is built on trust and goodwill. In keeping with that spirit, this is our policy for returning products:
1. In the rare instance that a XOE AND THE FOX product purchased from our online store is found to be defective, we will accept return of the product for a refund/credit provided you contact us in writing within 30 days of the purchase date to notify us of the defect. Please contact us through the contact page providing details of the defect, proof of purchase and a copy of your order information. Customer Service will then happily email you instructions on how to return the item. Please note that we do not accept returns for products that have been more than half used, in any circumstances. XOE AND THE FOX reserves the right to refuse to exchange or refund/credit any requests.
2. The cost of returns is your responsibility as the customer. We recommend returning your item using registered post with a tracking number, as we accept no liability for returns not received by us. If an item is deemed faulty this postage will be refunded to the customer.
3. Products purchased from a XOE AND THE FOX Stockist are bound by the terms and conditions of that Stockist. It is your responsibility as the customer to be aware of and understand the return policy of the Stockist from which you made a XOE AND THE FOX purchase, as these terms may vary. It is also your responsibility as the customer to notify the Stockist from where the XOE AND THE FOX product was purchased of any issues you may have.
4. XOE AND THE FOX takes no responsibility for products that have spoiled due to a customer not complying with common sense hygiene & cleaning practices.
Change of mind
Exchanges or refunds for change of mind are not offered.
Cancellation Policy
Our order process is automated to distribute products quickly and accurately. Cancellation or modification requests must be received within 15 minutes of placing your order. Cancellations or modifications made after 15 minutes of placing an order cannot be processed, and as such are ineligible for a refund. Cancellation requests must be made urgently through our contacts page. Please include your full name and order number in the body of the email.
Delivery Cost
We offer a flat rate shipping cost of $8.95 within Australia.
Promotional Codes and Discounts
Promotional codes or any discount offers are strictly limited to 1 per person, per order, per product type or shade, and do not apply to gifts, sets, samples, already discounted products or gift cards and are subject to availability.
If your discount code is not working, check whether the following applies to you:
- You’ve already used the code. Our discount codes are strictly limited to 1 per person, per order.
- The items aren’t eligible. Check the terms and conditions of the code. Promotional codes are not valid with any other offer or promotion, already discounted products, sets, samples or gift cards and are only valid whilst stock lasts.
- The code has been entered incorrectly. Please check you have entered the code exactly as it is written and try again.
- The code has expired. Check the expiry date of the code, as some of them run for a limited time or expire after a set period.
Please contact us through the contact page before placing your order if you still require assistance. Note: due to the large volume of orders we receive during promotions, refunds (partial or full) are not available on orders due to a discount code not having been entered.
Product Descriptions and Colours
We are committed to display as accurately as possible the colours of the products shown on this website. The colours you see will however depend on your monitor, so we cannot guarantee that your monitor’s display of any colour will be accurate.
Correction of Errors and Limitations
Whilst we make every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase, please see our returns policy for details on how to obtain a refund.
Purchases - Other Items
Additional terms and conditions may apply to the purchase of certain products and to specific portions or features of the website, including contests, promotions or other similar features. You agree to abide by such other terms and conditions, in addition to the Terms & Conditions set out in this document, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms & Conditions and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall have authority with respect to your use of that portion of the website or the specific service.
Submissions
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, ‘Comments’) sent to us shall be and remain our exclusive property. Your submission of any such comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other intellectual property rights in the comments. We will be entitled to use, reproduce, disclose, publish and distribute any Comments and supporting or related material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Communication from Us
As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications, so each one of these communications will contain a clear link to unsubscribe. We assure you that once you have unsubscribed, we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
Your Use of the Website
While utilising our website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar individuals thought to be conducting such activity. You may not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, or to any other services offered on or through the website by hacking or any other illegitimate means. You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the website or our systems or networks, or any systems or networks connected to the website.
Copyright / Trademark Information
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is subject to copyright. Permission to use documents delivered from this website and/or server and related graphics is restricted. Our name or any trademark or logo appearing on the website may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from us. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
Privacy
These Terms & Conditions also include XOE AND THE FOX Privacy Policy, which can be accessed here.
Indemnification
You indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the ‘Parties’) harmless from any damage, loss, or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand or action (‘Claim’) brought against any of the Parties alleging that you have breached any of these Terms & Conditions. If you are liable to indemnify us under this section, at our election we may control the defence, settlement, and resolution of any Claim, at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
Limitation of Liability
We make no representation or warranty of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your own risk. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, we do not warrant that our website, its servers, or email sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.
Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.
Where liability cannot be excluded at law, any liability incurred by us will be limited to the extent provided for by the Australian Consumer Law. Where a limit on liability can be specified, that limit is $1.
Miscellaneous
These Terms & Conditions are binding upon us and you and are construed in accordance with the laws of the State of Victoria.
When you purchase products from XOE AND THE FOX, that contract of purchase (which incorporates these Terms & Conditions) is not assignable or transferable by you without our prior written consent.
These Terms and Conditions contain the entire understanding between you and us regarding its subject matter, and supersedes all prior and contemporaneous correspondence, agreements and understandings.
No failure or delay by a party in exercising any right, power or privilege under these Terms & Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
The invalidity or unenforceability of any provision of these Terms & Conditions will not affect the validity or enforceability of any other provision of these Terms & Conditions, all of which will remain in full force and effect.
Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars.