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1. General & Disclaimer

1.1. In these Terms & Conditions (“T&Cs”), “We”, “Us”, “Our”, “Crèmm” means Crèmm Pty Ltd (ABN 79 636 815 284), its subsidiaries and associates (unless otherwise stated).

1.2. This website, and our online store (our “Website”), is a channel for customers to place orders for products we have available for purchase.

1.3. We will not be liable if, for any reason, the Website is not available at any time, for any period of time. We reserve the right to limit or restrict access to certain functionality, webpages, or the entirety of the Website.

1.4. While the information contained in the Website is believed to be accurate and current, it is provided by Crèmm in good faith on an "as is" basis. Crèmm, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the Website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the Website.

1.5. You may have rights under Australian Consumer Law, and these T&C’s do not exclude any rights you have under Australian Consumer Law, or any applicable state/territory legislation.

1.6. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.


2. Acceptance

2.1. Crèmm website and online store (collectively, our “Website”) is owned and operated by Crèmm Pty Ltd (ABN 79 636 815 284)

2.2. Access and use of the Crèmm website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out herein (our “T&Cs”).You should read them thoroughly before using our website and online store, or any goods and services provided through our website (collectively, our “Services”). Your use of the Crèmm website constitutes your agreement to the T&Cs.

2.3. Crèmm reserves the right to amend the T&Cs at any time and without notice to you. Crèmm may change the T&Cs from time to time, and your continued use of the Crèmm Website after any amendment becomes effective constitutes an agreement by you to abide, and be bound by, the T&Cs, as so amended. We will always publish a link to our current T&Cs from the website homepage at cremm.com.au

2.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.


3. Capacity

3.1. The Products available on the Website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.


4. Orders, Pricing & Availability

4.1. Prices displayed within this Website are shown in Australian dollars (AUD) and include GST where applicable. Pricing on a product detail webpage may not include delivery charges (if applicable). Please read the Delivery & Returns page contained within this website for more information regarding delivery charges.

4.2. Any Order placed by You in the manner described in this website is an offer to purchase a particular Product for the price (including the delivery and other charges and taxes) specified in this Website at the time you place your order on these Terms & Conditions.

4.3. Crèmm reserves the right to accept or reject your order for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order.

4.5. Prices of products and services, as well as delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.

4.6. Prices displayed on this website are inclusive of GST applied at the rate of 10%. You are responsible for any taxes, duties or other liabilities imposed by any government agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any product or services acquired or ordered by you from this website.


5. Payment

5.1. Payment is required at the time of purchase and placement of your order. Payment is charged/debited at the end of the complete check-out process. You will not be charged prior to the final step, and can choose not to proceed at any time before payment is taken.

5.2. We accept payment via Visa, Mastercard, American Express (AMEX), PayPal and Afterpay. You must comply with the applicable T&Cs of these providers.


6. Fraud Protection

6.1. Crèmm carries out activity to protect you, and our interests, from fraudulent orders and payments. A representative from Crèmm may contact you directly as part of this protection process.

6.2. If Crèmm determines an order is potentially fraudulent, we will not dispatch goods until we are satisfied that cardholder identification has been achieved and our Fraud Protection Process has been completed.

6.3. If you believe you have been a victim of a fraud, please contact our customer service team.


7. Refunds

7.1. Please read the Delivery & Returns Policy contained within this website for refund details. Our Refunds & Returns Policy outlines the circumstances that a refund will be available to you.


8. Delivery

8.1. Please read the Delivery Information contained within this website.

8.2. Delivery times are indicative only, and Crèmm will not be liable for any failure to observe these delivery times.


9. Risk and Title

9.1. Crèmm will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service.

9.2. You should consider whether you need to obtain any suitable insurance.


10. E-Newsletter Sign-Up

10.1. Subscribing to Crèmm e-newsletter is not compulsory, and you can unsubscribe at any time.

10.2. We will never sell or share your information with third parties.

10.3. We will always handle your data in line with our Privacy Policy. Please read the Privacy Policy contained within this website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.


11. Online Account

11.1. Crèmm offers the ability for you to create an Online Crèmm Account.

11.2. You must provide true and factual information when creating an Online Account. You must keep your username and password confidential at all times. Crèmm is entitled to assume that anybody accessing your account using your confidential username and password is you.

11.3. Be aware that others may access your account and private information if you do not sign-out before ending your session with Crèmm. Be particularly cautious when using public computers or devices that do not automatically log you out when you exit your browser.


12. Limitation of Liability

12.1. Crèmm will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Crèmm has been advised of the possibility of such damages.

12.2. Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Crèmm for any breach of such term, condition or warranty shall be limited, at the option of Crèmm to any one or more of the following:

If the breach relates to goods:

  • The replacement of the goods or supply of equivalent goods;
  • The repair of such goods;
  • The payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • The payment of the cost of having the goods repaired;
  • If the breach relates to services:
  • The supplying of the services again; or
  • The payment of the cost of having the services supplied again. ___ ### 13. Privacy 13.1. You may be asked to input information about yourself on this Website. We take your privacy seriously, and your personal information will always be treated in accordance with our Privacy Policy.

13.2. Please read the Privacy Policy contained within this website. Our Privacy Policy sets out what information we collect, how we use it and what data we store.


14. Copyright

14.1. All content displayed on this site, including (but not limited to): all text, graphics, logos, names and trademarks (collectively, “Our Content”) is the property Crèmm, or the property of their respective owners, and are protected by copyright, trademark and other intellectual property laws.

14.2. Except as permitted by the Copyright Act 1968 (Cth) no part of the website or Our Content may be reproduced, adapted, performed/presented in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of Crèmm.


15. Third party content, User content and Your content

15.1. At times the Website may contain links to other websites, which are not operated by us (“Linked Sites”). We may also provide embedded content hosted and controlled by third party providers (“Embedded Content”). Crèmm has no control over Linked Sites and Embedded Content, and as such accepts no responsibility for them or any loss or damage to you that may arise from using them. Your use of Linked Sites or Embedded Content is entirely your choice and responsibility, and is subject to the T&Cs of Linked Sites and Embedded Content.

15.2. Crèmm does not endorse, promote or recommend any the operators, or any person, organisation or corporation, associated with Linked Sites and Embedded Content unless explicitly stated.

15.3. At times you may be able to provide, contribute, upload and publish (collectively, “Publish”) your own data, content or materials (“User Content”) to, or through, our Website and associated websites (eg. our Blog, Facebook page, etc). User Content could include text, images, information, or comments, Published via email, comment, blog, enquiry, social media platforms, third-party partnerships and plug-ins, or other means.

15.4. You own any User Content that you Publish on Crèmm Website (“Your Content”). Other users own any User Content they publish to Crèmm Website. Crèmm reserves the right to moderate, deny or remove any User Content, at any time, without explanation. We are not obliged to use, maintain or display your User Content.

15.5. Your content must not include:

*Content that you do not have the right to disclose under law, or an obligation you have to a third party (such as confidentiality agreements) *Content that reveals private information, such as your or another person’s identity; or sensitive information, including names, email addresses, phone numbers or addresses. *Content that infringes, or could possible infringe, the rights (including intellectual property rights, copyrights and trademarks) of others. *Content that can be interpreted by others as being harmful, threatening, abusive, harassing, vulgar, obscene, defamatory, misleading, an invasion of privacy, immoral or otherwise offensive or illegal.

15.6. You are personally responsible and liable for Your Content. By uploading and publishing Your Content you acknowledge that it does not contain any confidential information, and may be seen by others.

15.7. You are not entitled to any payment or compensation from Crèmm for our use of Your Content, or any User Content.

15.9. You can report violations of the third-party and user content terms by submitting a request via our Contact Us form.


16. Viruses

16.1. Crèmm does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

16.2. Crèmm will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Crèmm it shall be limited to the cost of re-supplying that information.


17. Promotions, Promotional Vouchers and Coupon Codes

17.1. From time to time, Crèmm may hold promotions such as special offers and discounts.

17.2. On our Website, “Coupon Codes” and “Promo Codes” are also used interchangeably.

17.4. We accept Promotional Vouchers and Coupon Codes as payment, or partial-payment, for certain or specified purchases online. It is your responsibility to read the specific details about your Promotional Voucher or Coupon Code as provided with your Promotional Voucher or Coupon Code. These additional terms may outline what your Promotional Voucher or Coupon Code can or cannot be used for, whether it has a minimum spend, whether it applies only to a specific product or group of products, whether it is available for a limited time or specified date range, and/or only available to a specific customer group.

17.5. We reserve the right to deny use of the Promotional Voucher or Coupon Code, and/or request an alternative means of payment for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud Crèmm through the use of a Promotional Voucher or Coupon Code.

17.6. If the credit of a Promotional Voucher is insufficient to complete payment for an order, you can choose another accepted means of payment to cover the short fall. This could include Credit Card, PayPal, or AfterPay where applicable.

17.7. Promotional Voucher and Coupon Code Exclusions: (a) Unless otherwise specified, Promotional Vouchers and Coupon Codes cannot be used to purchase Gift Cards, Sale/Discount Merchandise and third-party or Non-Merchandised Product (e.g. Event Tickets). (b) Unless otherwise specified, Promotional Vouchers and Coupon Codes are not available in conjunction with any other offer, including other coupon codes.


18. Competitions

Cremm Launch Party Competition Terms & Conditions

  1. Any entry not complying with these terms and conditions is invalid. Participation in this competition is deemed acceptance of these terms and conditions of entry.

  2. Entry is open to residents of Australia who are 18 years of age and over. Employees and their immediate families of the Promoter and its agencies associated with this promotion are ineligible to enter.

  3. The competition commences at 5.00pm AEST on Wednesday 4 December 2019 and closes at 11:59PM AEST Monday 9 December 2019 (Promotional Period).

  4. For competitions on the cremm account: To enter, entrants must during the promotional period log on Instagram and follow the @cremm account and remain following the account until the end of the Promotional Period for entry to be valid. Entrants must also comment ‘what sets you apart?’ in the comments of the relevant image and tag 2 friends.

  5. The Promoters reserve the right to verify the validity of entries and entrants (identity and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Conditions of Entry or who tampers with the entry process.

  6. Every entrant that enters will be in the running to win (3) tickets to the Cremm Launch party on December 12, 2019. The winner must be available to attend the party on December 12 in Melbourne. Any costs associated in attending the event, will be incurred by the winner. Prizes are not transferable and are not redeemable for cash. The Promoter’s decision is final and binding - no correspondence will be entered into.

  7. This competition is not a game of chance and skill entirely determines the identity of the winner. The most creative answer deemed by a panel wins.

  8. The competition is managed by the Promoter’s Agent.

  9. The prize draw will take place at the Promoter’s premises on Tuesday 10 December 2019. Winner will be notified on Instagram within 1 business day of the draw.

  10. The Promoters are not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.

  11. Except for any liability that cannot be excluded by law, the Promoters (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage(including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoters; (d) any variation in prize value to that stated in these Conditions of Entry; (e) any tax liability incurred by a winner or entrant (f) redemption of the prize and/or (g)participation in this promotion.

  12. Each entry becomes the property of the Promoters. The collection, use and disclosure of personal information provided in connection with this offer is governed by the Privacy Notice.

  13. Promoter’s decision in relation to all aspects of this competition is final and binding on all who enter and no correspondence will be entered into.

  14. Entries are deemed to be received at the time the entrant follows the @cremm Instagram account. The Promoters are not responsible for inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoters are not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination there of, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Competition.

  15. All entries become the property of the Promoters.

  16. The Promoter is Accent Group Ltd – 2/64 Balmain St, Richmond, Vic 3121

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