If you purchase any products via this website (including through the Click & Collect service), you must agree to these Terms of Trade as well as the Terms of Use.
The information contained within this document relates to the Aesop Australia online store operated by Aesop Retail Pty Ltd trading as Aesop (and referred to in this document as Aesop, we, us, our). The Terms of Use, the Terms of Trade, our policies and Frequently Asked Questions relevant to our other regions can be found in the footer of our international web stores. These can be accessed by selecting the country displayed in the bottom right corner of the home page, choosing your region and country from the list that appears and then clicking on “Terms and Conditions” at the bottom of the home page. Please read these Terms of Trade carefully prior to any purchase as they contain important information including warranty disclaimers and limitations of liability. Definitions and Application
In these Terms of Trade, ”you” means the organisation or individual who is ordering product on this website, “website” means https://www.aesop.com/au/ and the “Products” means the Aesop products which may be ordered on this website.
These Terms of Trade apply to any purchase of any Products by you from this website and through the Click & Collect service, which are delivered in Australia. You accept these Terms of Trade each time you place an order with Aesop for Products. Each order you place will be a separate contract between you and Aesop for the supply of Products. Shipping costs and deliveries We aim to deliver Products to you at the place of delivery requested by you within the timeframe indicated by us at the time of your Order, but we can’t guarantee firm delivery dates or times. Delivery options are set out here, and such delivery information is an indicative estimate only. To the maximum extent permitted by law, Aesop will not be liable to you for loss you or any third party suffers as a result of any delay to deliver the Products for any reason.
Orders
To submit an order for Products (Order), you must: (a) create an account with Aesop on this website by registering your details and creating a username and password; or (b) provide your details which Aesop requires to process and manage your Order through the online form on the checkout page of this website; and (c) complete and submit the online order.
If you wish to cancel or amend an Order, please contact us. We may be able to cancel or amend an Order that has not already been processed and refund to you any payment in full, but we can't guarantee that we will be able to do so.
Aesop reserves the right to refuse any Order. In such case, Aesop will notify you as soon as reasonably practicable and refund to you any payment in full. If a Product is out of stock following the submission of an Order and payment, Aesop will refund or exchange as set out here.
You acknowledge all Products ordered are for personal non-commercial use and gifting only. They must not be resold in any form or any place. Aesop reserves the right to take legal action against unauthorised and unofficial sales of goods.
Prices and Payment
All prices on the website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice. Please check the prices for the Products when submitting your Order.
The amount payable to Aesop for an Order (Order Amount) will be the total of the following amounts: (a) the sum of the price of each Product ordered and included taxes as indicated on the website at the time of submitting the Order; (b) the cost of delivery (if any) for the delivery option you have selected as set out here; and (c) the sum of any other fees which Aesop levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).
You must pay the Order Amount by using an accepted payment method at the time of submitting the Order. The payment methods accepted by Aesop on this website can be found here. Aesop reserves the right to add or remove payment options at any time in its sole discretion.
Title and Risk
Title to and risk of loss or damage to the Products is transferred from Aesop to you at the time of the delivery of the Products to you.
Liability
Without limiting Aesop's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Aesop reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment: (a) withhold supply and/or dispose of the Products requested in the Order, and/or (b) refuse to deal further with you. Aesop will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them.
Subject to the following "No Warranty" clauses and to the fullest extent permitted by law, the liability of Aesop for any loss or damage suffered by you as a result of Aesop breaching its obligations under these Terms of Trade or other tortious duty (including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products. In no event will Aesop be liable for special, indirect, consequential or punitive damages related to any Product sold.
No Warranty
Subject to the following clauses and to the fullest extent permitted by law, Aesop gives no representation or warranty whether express or implied, statutory or otherwise in respect of the Products, their condition, quality or fitness for purpose, or in any content on the website and is not liable for any loss or damage however arising as a result of a fault or defect in a Product or for any errors or omissions on the website.
The Products come with guarantees that cannot be excluded by 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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
You may also have express rights of action against Aesop under consumer protection legislation if Aesop supplied defective Products to you that cause you injury, loss or damage.
Refunds and Returns
If you would like to return or exchange a Product, please refer to our Returns Policy.
Force Majeure If Aesop is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Aesop will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
GST
In this clause: (a) terms or expressions which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) have the same meaning as in the GST Act; and (b) any reference to a party includes the representative member of a GST group of which that party is a member.
Unless otherwise expressly stated, all consideration to be paid or provided under these Terms of Trade is expressed exclusive of GST.
If GST is payable on any supply made under these Terms of Trade, the recipient must pay to the supplier an additional amount (GST Amount) equal to the GST payable on that supply at the same time as the consideration for the supply is to be paid or provided.
Clause 3, above does not apply to the extent that: (a) the consideration for the supply is stated to include GST; or (b) GST on the supply is reverse charged and payable by the recipient.
The recipient need not pay the GST Amount until it has received a tax invoice or adjustment note, as the case may be.
If an adjustment event arises in relation to a supply made under these Terms of Trade, the GST Amount must be adjusted to reflect that adjustment event. A corresponding payment must be made by the supplier to the recipient or by the recipient to the supplier, as the case may be.
If these Terms of Trade require an amount to be calculated by reference to another amount (Reference Amount) that will be: (a) received for a taxable supply; or (b) paid for a creditable acquisition, then the Reference Amount must be reduced so as to exclude any part of the Reference Amount paid or received on account of GST, as the case may be.
If these Terms of Trade require a party to reimburse or indemnify another party for a cost or expense, the amount of the cost or expense must be reduced by an amount equal to any input tax credit to which the party being reimbursed or indemnified is entitled for that cost or expense.
Aesop Physical Gift Cards A physical Aesop Gift Card entitles the owner to purchase products up to the nominated value at any Aesop Signature Store or from an Aesop online store within the country and currency in which the card was purchased. These terms apply to physical gift cards purchased in Australia and in Australian dollars only. The value on the card can be used for purchases in whole or in part, and on multiple occasions at Aesop Signature Stores, the Aesop online store, and for facial appointments (available at selected Aesop spaces) in Australia. It cannot be replaced, reloaded, exchanged, or redeemed for cash or another gift card. Gift cards are valid for 36 months from the date of purchase. After the expiry date, the card will have a nil balance. To verify available funds at any time, please visit the Australian Aesop online store at “Check gift card balance”. Each Aesop Gift Card is linked to a unique Gift Card Number and PIN to ensure its security and integrity, and allow for multiple transactions in store or online. Signature stores are listed at aesop.com/ustorelocator/location/map/.
Aesop Digital Gift Cards
An Aesop Digital Gift Card entitles the owner to purchase products up to the nominated value at any Aesop Signature Store or from an Aesop online store within the country and currency in which the card was purchased. These terms apply to gift cards purchased from the Australian Aesop online store only. The value on the card can be used for purchases in whole or in part, and on multiple occasions at Aesop Signature Stores, the Aesop online store, and for facial appointments (available at selected Aesop spaces) in Australia. It cannot be reloaded, exchanged or redeemed or refunded for cash (unless required by law), or transferred to another digital gift card or owner. Aesop Digital Gift Cards are valid for 36 months from the date of purchase. After the expiry date, the card will have a nil balance. To verify available funds at any time, please visit the Australian Aesop online store at “Check gift card balance”. Each Aesop Digital Gift Card is linked to a unique Gift Card Number and PIN to ensure its security and integrity and allow for multiple transactions in store or online.
General
If any provision of these Terms of Trade is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).
Subject to the "No Warranty" section of these Terms of Trade and to the fullest extent permitted by law, these Terms of Trade together with the Order (as accepted by Aesop), the Terms of Use, the Returns Policy and Aesop's Privacy Policy constitute the whole agreement between the parties and supersede all prior discussions and agreements between them.
Orders and these Terms of Trade will be governed by the law of the State of Victoria, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, and the courts complement to determine appeals from those courts, with respect to any proceedings that may be brought at any time in relation to these Terms of Trade.
Aesop reserves the right at all times to make changes to these Terms of Trade. Any variations to these Terms of Trade will take effect from the date the updated Terms of Trade are made publicly available online. The Terms of Trade which apply at the time you place an Order are those that govern that Order. These Terms of Trade were last updated on 10 March 2023.