TERM OF SERVICE

SERVICE TERMS

Last Updated: 11/05/2024

These Terms of Service (“Terms”) govern your access to and use of the services provided by Alchemy of Earth & Skin (“we,” “us,” or “our”), including but not limited to custom formulation development, regulatory assistance, pre-made formulation sales, and documentation review services. By engaging our services or purchasing any formulations, you agree to be bound by these Terms in full.


1. Services Offered

We provide the following professional services:

  • Custom Formulation Development

  • Packaging & Label Review

  • Claims Regulatory Review
  • Pre-Made Formulation Sheets

  • Formulation Review and Correction

Each service may include supporting documentation, intellectual property transfer, compliance summaries, and claims guidance depending on the package selected.


2. Intellectual Property & Copyright

  • All documents, formulations, methods, and educational content remain the intellectual property of Alchemy of Earth & Skin until full payment has been received.

  • You may not reproduce, distribute, resell, or claim any part of our content or materials as your own.

  • Any instance of plagiarism, unauthorised use, or distribution will result in immediate termination of service and may lead to legal action.

  • All formulations and materials are protected under copyright law.


3. Pre-Made Formulation Sheets

  • All pre-made formulations are sold “as-is” and are strictly non-refundable.

  • These are intended solely for personal or internal business use.

  • Redistribution, rebranding, or resale without prior written consent is strictly prohibited.


4. Formulation Review & Correction

  • This service involves a professional review and correction of an existing formulation submitted by the client.

  • It does not include the creation of a new formulation unless previously agreed upon in writing.

  • If the formulation is found to be unsafe or non-viable, recommendations will be provided. It remains the client’s responsibility to determine next steps.


5. Client Responsibilities

By purchasing our services, you agree to:

  • Provide complete, timely, and accurate information as requested

  • Respond to correspondence within seven (7) business days, unless alternative arrangements are agreed

  • Refrain from applying pressure to expedite beyond agreed timeframes

  • Understand that communication delays may affect timelines or result in cancellation

Failure to communicate may result in project cancellation. In such cases, a 70% deduction will apply for labour and time already allocated. Additional administrative fees may also apply.


6. Payments & Fees

  • All payments are to be made in Australian Dollars (AUD) and are due upfront unless otherwise agreed in writing.

  • No work will commence until payment has been received in full.

  • Late payments may incur a 45% late fee.

  • Cancellations based on a change of mind will incur a 35% cancellation fee.

  • Cancellations requested more than 14 days after payment, regardless of project status, will incur a 50% fee.

  • In the event of a contract breach, non-cooperation, abusive communication, or chargeback, a 70% breach of contract fee will apply, and services will be immediately terminated.

  • Digital documents and pre-made formulations are non-refundable once delivered.


7. Project Timelines & Revisions

  • Turnaround times will be provided at the time of booking and may vary depending on complexity and client responsiveness.

  • Clients are entitled to up to two (2) rounds of revisions within 14 days of delivery unless otherwise specified.

  • Additional or major revisions will incur separate charges.

  • Projects left inactive for over 30 days without notice will be considered cancelled, and no refund will be issued.


8. No Guarantee of Regulatory Approval

  • While our regulatory support is based on current, publicly available data, we do not guarantee approval from regulatory bodies.

  • Clients are solely responsible for product testing, safety assessments, and compliance with their country’s regulations.

  • We accept no liability for regulatory action, product bans, or customer complaints related to the final product.


9. Custom Formulation Development Samples

Upon booking a custom formulation development service, you will receive up to three (3) complimentary samples: one initial sample and up to two (2) additional samples if formulation adjustments are necessary. Should further samples be requested beyond the three (3) complimentary samples, additional fees will apply. These fees will be based on the cost of ingredients, as well as the time and labour required for preparation.

 

10. Refunds & Cancellations

As a service-based business, our time and resources are allocated per project. Accordingly:

  • No refunds will be issued once work has commenced or documentation has been delivered.

  • Pre-made formulations are non-refundable.

  • Cancellations requested more than 14 days after purchase are subject to a 50% fee.

  • Cancellations due to personal reasons or change of mind are subject to a 35% fee.

  • If cancellation occurs due to non-responsiveness, a 70% labour and time deduction will apply to any eligible refund.

  • All refund or cancellation requests must be made in writing.


Membership Payment

By purchasing a membership, you agree to the following terms and conditions:

11. Membership Access.

Upon successful payment of your selected membership tier, you will be immediately provided with a link to join our private Facebook group. This link will appear on the confirmation screen after payment. The Facebook group is the exclusive platform where all membership content is delivered, based on the tier you have selected and paid for.

12. Content Availability

Content is structured and released according to your membership tier. Access to specific resources, discussions, or services is strictly limited to the tier purchased. Upgrading or downgrading tiers may affect your access to previous or upcoming content.

13. No Refund Policy

All membership payments are final. No refunds are permitted for any reason, including but not limited to accidental purchase, change of mind, dissatisfaction with content, or failure to access the group. By proceeding with payment, you acknowledge and agree to this strict no-refund policy.

14. Cancellations and Access

If you cancel your membership, your access to the Facebook group and all tier-related content will remain active until the end of your current billing cycle. You will be removed from the Facebook group on the same date of the following month that you originally cancelled your membership. For example, if you cancel on the 10th, you will retain access until the 10th of the following month.

15. Responsibility for Access

It is your responsibility to save or bookmark the Facebook group link provided after payment. If you experience difficulties accessing the group, you must contact us within 5 business days of your purchase.

16. Membership Conduct

Members must maintain respectful and appropriate behaviour within the Facebook group. We reserve the right to remove any member who violates group rules or community standards. Removal due to misconduct does not entitle the member to a refund.

17. Limitation of Liability

  • Alchemy of Earth & Skin is not liable for any direct, indirect, or incidental damages arising from the use or misuse of our services or documents.

  • You are solely responsible for product safety, labelling, manufacturing, and legal compliance.

  • We accept no responsibility for regulatory enforcement or customer complaints related to your end products.


18. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria.


19. Changes to Terms
We reserve the right to update or modify these Terms of Service at any time. 

20. Contact

For all enquiries related to these Terms, please contact:

Email: sherrie@aoeas.com.au


By completing your payment, you confirm that you have read, understood, and agreed to these Terms of Service in full.

PRIVATE LABEL & RETAIL TERMS

Last Updated:19/04/2025

Welcome to Alchemy of Earth & Skin. These Terms and Conditions (“Terms”) govern your access to our website, products, and services, including retail and private label purchases. By interacting with our platform, placing an order, or using our services, you agree to these Terms. Please review them carefully before proceeding.


1. General Overview

These Terms apply to both retail and wholesale transactions. For private label orders, additional provisions (Sections 12–23) apply. By placing any order with Alchemy of Earth & Skin, you agree to be bound by these Terms.


2. Product Use and Suitability

2.1 Intended Use
Our products are formulated for topical, external use only. Please follow all usage instructions provided on labels and packaging.

2.2 Patch Testing
A patch test is recommended before full use. We are not liable for adverse skin reactions due to individual sensitivities or misuse.


3. Orders and Payments (Retail)

3.1 Order Acceptance
We reserve the right to accept or reject any order at our discretion. Cancelled orders will be refunded accordingly.

3.2 Pricing
All prices are listed in AUD and are subject to change without notice. Promotions and discounts cannot be applied retroactively.

3.3 Payment Methods
We accept payment options including PayPal, Afterpay, and Klarna. Orders must be paid in full before processing.


4. Shipping and Delivery (Retail)

4.1 Dispatch Time
Orders are typically dispatched within 5–7 business days (excluding weekends and public holidays).

4.2 Address Accuracy
Please ensure your shipping address is accurate. We are not responsible for orders delivered to incorrect addresses provided by the customer.

4.3 Signature on Delivery
Optional at $17.00. Provides added security for your delivery.

4.4 Lost or Damaged Packages
While we take care with packaging, we are not liable for items lost or damaged during transit but will assist with claims where applicable.


5. Returns, Refunds, and Cancellations (Retail)

5.1 Returns
Returns are accepted under our Return Policy. Opened or used products returned due to change of mind incur a 50% restocking fee. Return shipping is the buyer’s responsibility.

5.2 Cancellations
Orders can be cancelled within 24 hours. A 35% restocking fee applies for change-of-mind cancellations.

5.3 Non-Returnable Items
Custom formulations, opened items, and clearance products are not eligible for return or refund.


6. Local Delivery Policy (St Arnaud, VIC)

6.1 Delivery Area & Fee
We offer local delivery within St Arnaud, VIC for a flat fee of $10.00.

6.2 Schedule
Deliveries are made on Thursdays between 12:00 PM and 2:00 PM.

6.3 Order Cut-Off
Orders must be placed by 12:00 PM Tuesday for same-week delivery. Orders outside St Arnaud selecting this option will be refunded (Website fees will be deducted).


7. Intellectual Property

All product formulations, text, graphics, logos, and designs are the intellectual property of The Alchemy Empire and are protected under copyright and trademark law. You may not reproduce or use this content without written permission.


8. Disclaimer of Liability

8.1 No Medical Claims
Our products are not intended to treat, cure, or prevent any disease or medical condition.

8.2 Limitation of Liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages. Our total liability is limited to the purchase price of the product in question.


9. User Conduct and Accounts

9.1 Prohibited Use
You agree not to misuse our website or services in any unlawful or disruptive way.

9.2 Account Security
If you create an account, you are responsible for maintaining its confidentiality and all activities that occur under it.


10. Modifications to Terms

We reserve the right to update or modify these Terms at any time. Updates will be posted on our website and are effective immediately. Continued use of our services indicates acceptance of the revised Terms.


Private Label Terms (Additional Terms for Business Clients)

Applicable to all private label transactions through Alchemy of Earth & Skin.


11. Eligibility

Private label accounts are available only to businesses or individuals intending to resell our products. Proof of business registration may be required.


12. Pricing and Payment

  • Pricing: All private label prices are in AUD and subject to change without notice. Prices exclude shipping unless stated.

  • Payment: Accepted via bank transfer, credit card, or PayPal. Payment must be made before dispatch unless pre-approved credit terms apply.

  • Late Payment: Invoices not paid on time may incur a 5% monthly increase charge.

  • Minimum Order: $300 AUD per private label order.


13. Wholesale Ordering and Acceptance

Orders may be placed via our website, email, phone, or Facebook Messenger. All orders are subject to our acceptance. Orders cannot be cancelled without prior written approval.


14. Wholesale Shipping and Delivery

  • Shipping Costs: Paid by the buyer unless otherwise agreed. Quotes will be provided based on total order weight.

  • Delivery Times: Estimated at order completion. We are not liable for delays due to couriers, customs, or unforeseen circumstances.

  • Risk of Loss: Responsibility for goods transfers upon dispatch.


15. Returns and Refunds (Private label)

  • Eligibility: Only accepted for defective or damaged items. Notification must be made within 10 business days of delivery.

  • Inspection: Returned goods will be inspected before refunds or credits are issued.


16. Private Label Cancellations

We reserve the right to cancel private label orders due to breach of agreement or misconduct. A 45% time and labour fee applies. If cancellation occurs after 3 business days, this fee is retained for work and materials used.


17. Wholesale Limitation of Liability

Our liability is limited to the total value of the goods purchased. We are not responsible for indirect or consequential losses.


18. Wholesale Intellectual Property

All trademarks, formulations, product designs, and materials remain our property. No license to reproduce or use our intellectual property is granted without written consent.


19. Dispute Resolution

Disputes relating to private label terms will be resolved by binding arbitration in Victoria, Australia unless mutually agreed otherwise.


20. Private Label Modifications

We reserve the right to update private label terms at any time. Updated terms apply to all future orders.


21. Entire Agreement

These Terms constitute the full agreement between the Seller and Buyer, superseding all prior negotiations or understandings.


22. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria.

23. Contact Details

Alchemy of Earth and Skin
📍 Canterbury Street, St Arnaud, VIC 3478
📧 Email: sherrie@aoeas.com.au


By placing an order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. We thank you for supporting our business.

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