This Website ('Website") is owned and operated by Essential Self Care Pty. Ltd. ABN 32 119 130 638 (formerly named, Don Tolman International Pty. Ltd.)

The "Tolman Self Care" name and logo as displayed on this website, are registered trademarks of Essential Self Care Pty. Ltd.  The material on the Website is also copyright © [2018] [Essential Self Care Pty Ltd.] and/or other copyright owners in the case of outsourced products that we offer on this website.

The pages on this website contain information about products and services available in Australia and other countries.

Your access to this website and use of the information contained herein is conditional on your acceptance without limitation or alteration of the terms and conditions below. You must not use this website if you don't agree to be bound by these website terms.

We reserve the right to amend these terms at any time and your use of our website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website you read these terms and conditions. For frequently asked questions regarding our terms and conditions of service, go to FAQ's.

Our Website Services

1. Our services and products are intended for adults over the age of eighteen (18) years. By utilising the information provided and/or proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

2. All prices are in Australian Dollars (AUD) and are inclusive of GST where applicable, however, may be displayed as an estimate in local currency whenever our website is viewed in another country. Our store and price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Product Descriptions

3. We strive to ensure that our products are described as accurately as possible on our website, however, we do not warrant that the description is always completely accurate. Where we become aware of any inaccurate description, we reserve the right to correct any error or omission once it becomes known.

4. Whilst most images are photographs of real products, some images have been provided for illustrative purposes only and we do not guarantee that any image will reflect or portray the exact design or options relating to that product.

Product Order

5. We endeavour to ensure that our product list is current, however, we give no undertaking as to the guaranteed availability of any product advertised on our website. If a purchased product is unavailable, we reserve the right to notify you of its unavailability and provide you with a refund of same or credit towards another suitable product you may wish to purchase.

6. Shipping/Postage is an additional charge for orders less than $199 for delivery within Australia and is calculated at the time of purchase using Australia Post standard rates for all other countries.

7. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information, however, in providing us with such information, you accept that we are not liable for its misuse due to an error in transmission or virus or malware. 

8. We undertake to fulfil and ship your order within 3 business days, except in the case where an item is out of stock, in which case we will contact you to let you know of an expected fulfilment date or give you the option to purchase a replacement product or obtain a refund.

9. Once dispatched, you may receive a tracking number via email and all risk of loss or non-receipt of goods then passes to you. Deliveries will be made to the shipping address nominated by you and it is your sole responsibility to ensure that the address provided is complete and accurate. We are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses. It is your responsibility to state any additional delivery information such as your company name if the parcel is being delivered to a business. In the event that a product is lost in transit, Tolman Self Care will help as much as is reasonably necessary to trace a missing parcel.

If a package is returned or rejected, the customer will need to email hello@tolmanselfcare.com to arrange re-delivery and will also have to pay for all postage costs. Risk in the products purchased will pass to you once delivery has been made to your nominated address. 

When placing an order on Tolman Self Care store, you are accepting the Term's and Conditions of Fastway and Australia Post delivery services. Please note that all shipping time frame estimates are from the date of dispatch, not the date that your order is made. 


Discount Exclusions

Some discount codes and vouchers may not apply to goods and services outsourced by us such as (but not limited to) doTERRA Essential Oil Collections, Water Distillers and Kuvings Cold Pressed Juicers & Yogurt Makers. Self Care Rewards cannot be redeemed or applied on orders for Kuvings Juicers and Yogurt Makers, Carillons and doTERRA product. 

Product Returns

10. We are happy to refund or credit the full purchase amount (except for delivery charges) on any items within 14 days of purchase that are returned to us if you change your mind, provided that they're received by us in an un-opened, un-used state, in their original packaging and in re-saleable condition. Returns must be accompanied by a note that includes your name, email address, order number and date of purchase.

11. All items will be inspected by us once received to ensure that they're in re-saleable condition prior to any refund, exchange or credit being issued. Returned items are the purchaser's responsibility until such time as they arrive at the return delivery address, therefore "registered post" is recommended.

12. Any returns that are damaged or deemed by us not to be in re-saleable condition once received by us will not be refunded. We are not responsible for any items that are returned to us in error. All delivery charges associated with returning any products to us are the sole responsibility of the purchaser and will not be reimbursed by us. 

If you need to proceed with a return, please email hello@tolmanselfcare.com and a team member will provide you with a return address and any additional information required. 

Site Access

13. When you visit our website, we give you a limited license to access and use our information for personal use only.

14. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. your use of our contact in any other way infringes our intellectual property rights.

15. Except as permitted under the Copyright Act 1968, you are not permitted to copy reproduce, republish, distribute or display any of the information on this website without our prior written permission.

16. The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

17. This website may from time to time contain hyperlinks to other websites. Such links are provided for the users benefit only at the time of publication and we take no responsibility for the ongoing content and maintenance or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor the information and/or products which they provide.

18. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text, or other materials.

Intellectual Property Rights

19. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials.

20. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

21. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title, or implied warranties of merchantability or fitness for a particular purpose.

22. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

23. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

24. Schedule 2 of the Competition and Consumer Act 2010 ("C&C Act") defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:

a. Schedule 2 of the C&C Act; and
b. Those statutory guarantees, all of which are given by us to you if you are a consumer.

25. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:

a. We will repair or replace the goods or any part of them that is defective; or
b. Provide again or rectify any services or part of them that are defective; or
c. Wholly or partly recompense you if they are defective.

26. As a consumer under the C&C Act, you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:

a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

27. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:

a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
c. We do not accept liaiblity for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
d. We do not participate in any way in the transactions between our users.

Indemnity

28. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website, products and information contained herein.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claims made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.

29. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provision will remain in full force and effect. 

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