Terms & Conditions
Terms and Conditions
Welcome to Crystal Intention! This website is operated by Crystal Intention (ABN: 36 653 994 408). Throughout the site, the terms “we”, “us” and “our” refer to Crystal Intention. Crystal Intention offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
USE OF THIS SITE
Your use of this Site is subject to the following terms and conditions: (a) Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You or through Your login and You shall be responsible for the consequences of any such communications to the Site. (b) You must not use the Site for any of the following purposes, which are expressly prohibited by Crystal Intention: (i) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libellous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Site’s or Crystal Intention’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security. (d) Crystal Intention reserves the right to revise these Terms at any time and for any reason without notice to You. It is Your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) Crystal Intention may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms. (g) Crystal Intention may impose additional terms and conditions specific to any products, orders or aspects of your use of this Site, including but no limited to, with respect to the ordering, shipment and return of goods purchased through this Site and to any membership reward programs (“Additional Terms”) offered from time to time by Crystal Intention. These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.
PRODUCTS AND INFORMATION
Your use of this Site is, at all times, entirely at Your own risk. Except in respect of any content submitted by Members, Crystal Intention shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither we nor any third party makes any warranties or guarantees as to the accuracy, timeliness, completeness, performance, or suitability of any information, product, or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and Crystal Intention expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party. Crystal Intention does not make any guarantee as to the availability or suitability of products on this Site. It is your responsibility to determine the suitability of a product or service for You and Crystal Intention expressly excludes all liability in relation to this. Crystal Intention reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.
You must be over 18 to register for and use this Site. Crystal Intention may, at any time at our sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.
This Site contains materials that are owned by or licensed to Crystal Intention. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site. You may not create a link to this Site from another website or document without the prior written consent of Crystal Intention. Crystal Intention does not claim ownership of any content or materials You make available through the Site however You grant Crystal Intention a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to Crystal Intention the right to use such content or materials in the manner specified in this Clause.
Your use of this Site, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. Crystal Intention expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose. Crystal Intention does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. Crystal Intention does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third party websites.
LIMITATION OF LIABILITY
Notwithstanding anything else in these Terms, Crystal Intention, its subsidiaries, assigns and third party providers shall not, under any circumstances be liable to You or any other User of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your use or inability to use this Site. Crystal Intention’s total liability to You shall be limited to the amount paid by You to Us for Your membership fees for the membership period during which the event giving rise to the liability occurs. This Clause applies in respect of all content, information, products and services available on or through this Site.
SUBSCRIPTION SERVICES AGREEMENT
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 or services 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 or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we make any guarantees on the suitability of products for any medical conditions, allergies or dietary requirements.
When making an order to purchase any items from our website or to subscribe to future orders, you must follow the instructions on the website as to how to make your order before you submit it to the website.
You may purchase a Crystal Intention box via a recurring monthly box, or a discounted 3-month or 6-month plan. The recurring box will automatically renew every month with payment on the 9th of the month prior to the receipt of the box. All subscriptions automatically renew until cancelled through the website. Unless a subscription is cancelled at least 7 working days before the next billing date or subsequent subscription period, the subscription automatically renews for a further subscription period and you will be charged the subscription price.
You must review your order carefully before placing it. Once an order for a subscription is confirmed and the subscription price paid (including any gift purchases of a subscription), we will not provide a refund of the subscription price unless we cancel or are unable to fulfil your order. In this case, we will provide a full refund of the whole or part of the subscription price depending on whether you have previously received boxes during your subscription. On delivery of the order, you may be required to sign for delivery, unless you grant us ‘authority to leave’ in the notes section at checkout. You agree to inspect the order for any damage or missing items before you sign for delivery.
Any products purchased by You from this Site will be posted by a third party carrier. All title in and risk to such products will pass to You upon delivery to the third party carrier by Crystal Intention.
SHIPPING AND RISK OF LOSS
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Crystal Intention within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
AUTOMATIC RENEWAL TERMS
In respect of Crystal Intention subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, Crystal Intention may submit periodic charges (e.g., monthly) to your chosen payment method without further authorisation from you, until you provide prior notice at any time that you wish to terminate this authorisation or to change your payment method. You agree that such notice will not affect charges submitted before Crystal Intention reasonably could act. Details on how to cancel are described below.
MONTH-TO-MONTH RE-BILLABLE SUBSCRIPTIONS
By purchasing a Month-to-Month Re-billable Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Crystal Intention after the expiration date of your payment card.
Automatic Monthly Renewal Terms
Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Month-to-Month Re-billable Subscription renewal.
Cancellation Policy For Month-to-Month Re-billable Subscription Renewals
To cancel your Month-to-Month Re-billable Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, (or ii) send us a message at firstname.lastname@example.org and we will do it for you. If you cancel, you will not be re-billed during your next monthly billing cycle.
MONTHLY SUBSCRIPTIONS WITH COMMITMENT
By purchasing a Monthly Subscription With Commitment, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Crystal Intention after the expiration date of your payment card.
Automatic Monthly Subscriptions With Commitment Renewal Terms
Your subscription will be automatically renewed for successive three or six month periods, as applicable, and your payment method will automatically be charged for each successive subscription term period at the then-current subscription rate until you cancel your subscription.
Cancellation Policy for Monthly Subscriptions With Commitment Renewals
To cancel your 3-Month Subscription renewal for the following three months, at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at email@example.com and we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
To cancel your 6-Month Subscription renewal for the following six months, at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at firstname.lastname@example.org and we will do it for you. If you cancel the auto-renewal, your subscription will remain active until the end of your then-current subscription term.
In order to cancel before you are re-billed for the next shipment, you need to contact Crystal Intention 3 business days (or more) prior to the renewal date on the 9th of each month at email@example.com.
Please note, if you submit your cancellation request within the last TWO days of the calendar month, the cancelation request will not be processed until the next month.
For example, if you cancel on the 30th of March 2021, the request will be submitted in our system and you will be charged for April 2021 and you will receive April 2021 but no boxes after that.
If a product is defective or if something is missing or damaged, you may return it and we will send you a new item or credit your account. To request a refund, please contact us at firstname.lastname@example.org. Please include the order number and reason for the return. Crystal Intention shall bear the costs of all domestic return shipping. When returning products, it is your responsibility to take reasonable care to see that the products are not damaged in transit and are received by us at our address as displayed on the postage label.
Damaged items must be reported and include a photo when you submit the return request. Damaged items will be reviewed by the support team and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Damages to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
Return the items to:
15 Berry Street
Clyde NSW 2142
Please do not send your purchased product back to the manufacturer. Crystal Intention will not refund any opened, used, discounted, clearance or sales products or items or free gifts or samples.
If you want to return the box in its entirety, the box must be returned in its original condition and packaging (the box must be wrapped in an outer satchel, or another box. Bare Crystal Intention boxes without protective packaging, or with missing contents will not be accepted for returns). Return for store credit/refund is only acceptable for brand new Crystal Intention boxes in its original condition with full contents and original/appropriate packaging. We do not provide store credit for returned products that are opened, used, returned after 14 days, damaged due to misuse, lack of care, mishandling, accident, abuse, or other abnormal use. We are not liable for products that are damaged or lost in transit back to us, therefore please ensure the Crystal Intention box is packaged securely when being returned.
Please note: A return shipping fee of $8.95 will be deducted if you would prefer a refund for returned boxes back to your card. For store credit refunds, you will receive the full refund in the form of store credit for the amount purchased which can be used for any future purchases at our store. Simply let us know your preferred method of refund when emailing us!
CHANGES TO THE PRICE AND TO CRYSTAL INTENTION SUBSCRIPTIONS PLANS
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Crystal Intention Subscriptions Plans will take effect following notice to you.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. 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 and account information for all purchases made at our store. You agree to promptly update your account and other information, including your shipping address, email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Unless otherwise stated, should we run a competition which you provide information, separate terms will also be provided that will govern the competition.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service 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 the service or on any related 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 the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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; (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 service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service 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. The service and all products and services delivered to you through the service 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, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Crystal Intention, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Crystal Intention and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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 accordingly may deny you access to our services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, 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 of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com