Overview

Franque Pty Ltd ABN 64 600 270 344 (“Franque”) is the exclusive online retailer and distributor of Santa Maria Nouvella products in Australia and New Zealand. 

Santa Maria Nouvella products are manufactured and produced by Officina Profumo-Farmaceutica di Santa Maria Novella S.p.A., an Italian company (“SMN”).

SMN owns and operates the website known as buy.smnovella.com.au (“Website”). Franque and SMN (jointly referred to as ““we”, “us” and “our”) are both co-administrators of the Website.

Acceptance of Terms & Conditions

By using this Website, and in consideration of us providing you with access to this Website, you agree to the following terms and conditions, which, together with any terms, notices or policies referenced here, (collectively referred to as “Terms”) govern your access to and use of this Website and any services provided in connection with this Website. Please read these Terms carefully before accessing or using our Website. 

If you do not agree to all the Terms, then you may not access the Website or use any services. 

Minimum Age

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You are responsible for maintaining the confidentiality of any account or password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur from your computer or other devices or under your account or password, including all activities of your minor dependents.

Use of Website

You may not use our Website for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms may result in an immediate termination of your ability to use the Website.

We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.

General Conditions

We reserve the right to refuse or suspend service and access to the Website to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Products and Pricing

Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges.
 

Our range of products offered for sale via the Website are subject to change without notice. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our 
Returns & Exchanges Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. 


Orders, Billing & Delivery

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under corporate accounts, the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 

We reserve the right to limit, prohibit and cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. This right shall exist even after an order has been processed electronically via the Website and payment has been made. Any order that has been prohibited, voided or cancelled shall receive a full refund in the event that payment has been processed prior to the cancellation.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

You agree to provide current, complete and accurate purchase, credit card and account information for all purchases made via the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns & Exchanges Policy.

Orders will be processed and shipped as per our Shipping Policy


Personal Information

Your submission of personal information to us through the Website or any other communication is governed by our Privacy Policy.  By using this Website, you agree to our Privacy Policy.

You must not provide to us or make available by the Website any images or personal information of another person unless you have their consent.

Errors, Inaccuracies and Omissions 

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in our Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website should be taken to indicate that all information in Website has been modified or updated. 

Changes to the Website and Terms

We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website. Any new features or tools which are added to the current Website shall also be subject to these Terms.

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Website at any time without notifying you. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms constitutes acceptance of those changes.

Intellectual Property

Santa Maria Novella and the Santa Maria Novella Logo are trade marks of SMN ("Trade Marks"). All material on this Website, including the text, information, graphics, photographs, logos, design, layout, downloads, pricing, products, and services ("Content") is owned by or licensed to us. You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Content or Trade Marks for any purpose other than with our prior written consent, or as permitted by law. All our rights are reserved.

Trade marks used on this Website to describe third parties and their products are trade marks of those third parties.

Linking and Third Party Content

You must not link to, frame or mirror any part of the Website without our written authorisation.

The Website may contain links to or display the content of third parties ("Third Party Content"), including links to websites operated by other organisations and individuals ("Third Party Websites"). Third Party Content and Third Party Websites are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

Prohibited Uses 

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or for any other reason; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape or use any method or process for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, analysing or repacking the Content; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet; (l) for commercial purposes (including for competitive advantage or to our competitive disadvantage, or to discover pricing or related business methodology or systems); (m) in any way that interferes with, disrupts, or creates an undue burden on the Website or our employees, including transmitting large amounts of untargeted, unwanted or repetitive content. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

Disclaimer of Warranties

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable. You agree that from time to time we may remove access to the Website for indefinite periods of time or cancel the access at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. 

By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by this Website or by and Third Party Content or Third Party Website.  

The service and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind other than those required by law.  Our products come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and for 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. For further information, please review our Returns & Exchanges Policy. Other than as set out above and to the extent permitted by law, we exclude all other liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to this Website.

Indemnity

You agree to indemnify, defend and hold us, together with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (each an "
Indemnified Party"), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We hold the benefit of this indemnity for Franque and on trust for each Indemnified Party.

Severability 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. 

You may terminate these Terms at any time by notifying us that you no longer wish to use our Website and by ceasing all further use of the Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Website (or any part thereof).

Entire Agreement


The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.

Contact Information

Questions about the Terms should be sent to us at customers@smnovella.com.au.