TERMS & CONDITIONS
Welcome to my TinctureOfLife.com Website. When you access and use our website or
purchase products from our website you agree to be bound by, and comply with, these
Terms & Conditions and any changes that we make to them from time to time (Website
Terms & Conditions).
The Website Terms & Conditions include our Privacy Policy. These Website Terms &
Conditions form an agreement between you and Tincture Of Life (Steve Lockie). Please
review these Website Terms & Conditions carefully to ensure you understand and agree
with them. If you do not agree, please cease using our website.
1. INFORMATION PROVIDED ON OUR WEBSITE
1.1. We do not provide medical advice. The website and the services offer health and
nutritional information, but are designed for educational purposes only. You should not
rely on this information as a substitute for, nor the replacment of, professional healthcare
advice, diagnosis or treatment. If you have any concerns or questions about your health,
you should always consult with a healthcare professional. The use of any information
provided on the website is solely at your sole discretion and at your own risk. Nothing
stated or posted on the website nor any products that are available, or any services
offered, are intended to be, and must not be taken to be, the practice of medical or
counselling care or advice.
1.2. Except as provided by law, our website is provided “as is” and without any warranty
or condition, express or implied. The information and content provided on our website are
of a general nature. While we take all reasonable steps to ensure the accuracy and
completeness of the information and content (including product descriptions) on our
website, to the maximum extent permitted by law (including, without limitation, the
Australian Consumer Law (ACL)) we make no warranties or representations about our
website and its content including (without limitation) warranties or representations that the
website or its content will be complete, accurate or up to date. Product images have
been provided for illustrative purposes only and we do not guarantee that any image will
reflect or portray the full design or options relating to that product.
1.3. We may alter, suspend or discontinue our website or any content on our website at
any time and without prior notice. We do not warrant and do not represent that our
website and the content are secure, free from viruses or other defects, or that access will
be uninterrupted or error-free. We provide access to our website and its content on the
basis that you assume all responsibility for any loss, damage or consequence resulting
directly or indirectly from your access to, or use of, our website and its content.
1.4. To the maximum extent permitted by law (including, without limitation, the ACL) in no
event will Tincture Of Life directors, employees or agents be responsible for any loss,
damage, costs or expense suffered (whether directly or indirectly) arising out of or in
connection with your use of our website and/or the information or content contained on it.
This exclusion applies regardless of the cause of action – i.e. whether in contract,
negligence or any other tort, equity or under statute. If any warranty cannot be excluded,
to the maximum extent permitted by law, our liability will be limited, at our option, to
replace the relevant product including the cost of replacing the product.
2. YOUR USE OF OUR WEBSITE
2.1. Your use of this website implies you agree with these Website Terms & Conditions.
You must not use our website for any illegal, prohibited or inappropriate purpose or
attempt to do anything that interferes with or disrupts our website.
You agree not to:
i. defame, abuse, intimidate, harass, threaten or offend us, our employees, agents or
other individuals and users of the website;
ii. breach any laws or regulations or infringe anyone’s intellectual property rights or
privacy rights;
iii. upload harmful files that may cause damage to our property or the property of others;
or
iv. hack, spam, disable, corrupt or otherwise affect the functionality or performance of this
website or its content.
2.2. Without prior notice to you, and at our sole discretion, we may immediately remove
any information or content that you post on our website which we believe breaches these
Website Terms, or for any other reason.
2.3. We have no obligation to pre-screen Posts and are not responsible for their content.
We encourage you to notify us of inappropriate or illegal content, and we reserve the right
to remove Posts for any reason. We are not, however, responsible for any failure or delay
in removing posts.
3. THIRD PARTY WEBSITES
3.1. We may display content or links to websites operated by third parties on our
website. Such content or links are not operated by us and are provided for your
convenience or for informational or educational purposes only. We are not responsible for
the content or third party websites and make no representations about the accuracy of
any information or any products or services offered on third party sites.
4. PROMOTIONS, COMPETITIONS AND DISCOUNTS
4.1. From time-to-time, Tincture Of Life website may run promotions or offer discounts
through this website. In such circumstances, additional terms and conditions may apply
to those promotions or discounts. Your right to an offer or discount is subject to these
Website Terms & Conditions and any specific terms and conditions that may be
expressed to apply.
5. INTELLECTUAL PROPERTY
5.1. All content made available on our website and all rights, title and interest in such
content, including the Tincture Of Life, Life-Enhancing Botanicals brands and/or any
other brands we offer in the future, our graphics, text, video and the overall look and feel
of our website (our content), is owned by or licensed to us and is subject to copyright or
other intellectual property rights. Subject to these Website Terms & Conditions, we grant
you a limited, non-exclusive, revocable and non-transferable licence to view, download
and print our content via the website, and is to be used for educational or informational
purposes only.
5.2. You may only use, access and print content on our website for non-commercial or
personal use provided you keep intact all copyright and proprietary notices. You are
otherwise prohibited from any other use, copying or reproduction of our website and our
content. Except as expressly stated above, you are not granted any right, title or interest
to our website or our content.
5.3. You (the author) continue to own the copyright in your Posts but, by submitting
Posts to public areas of the website, you grant us the right to use, copy, display, edit and
promote your Posts in any medium and any manner we choose, at our sole discretion.
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6. PRIVACY POLICY
6.1. Tincture Of Life may collect and use any personal information that you provide by
using our website, in accordance with Tincture Of Life Products Privacy Policy.
7. GOVERNING LAW
7.1. Your use of our website and these Website Terms & Conditions are governed by the
laws of the State of Queensland and you submit to the non-exclusive jurisdiction of the
Courts in the State of Queensland.
9. UPDATES TO THESE WEBSITE TERMS
9.1. These Website Terms are effective from May 2023. We reserve the right to update
these Website Terms at any time without prior notice to you. You should ensure that you
are aware of our current Website Terms by checking our website regularly.
TERMS OF SALE
These Terms of Sale apply to the ordering, purchase, fulfillment and delivery of products
from our website and form part of the Website Terms & Conditions agreement. These
Terms of Sale form a legally binding agreement between you and Tincture Of Life (Steve
Lockie).
By proceeding to place an order with the TinctureOfLife.com online shop, you
acknowledge that you have read, understood and agree to be bound by these Terms of
Sale. You also acknowledge having read our Privacy Policy. If you do not accept these
terms, please do not proceed further.
1. ORDERS
1.1. All orders placed by you are an offer to purchase the products for the price plus any
delivery charge as shown at the time of submission of your order. All orders are subject to
availability and acceptance by Tincture Of Life and any employees, agents, affiliates and
directors.
Acceptance will occur at the time we confirm your order. Each order that you place will, if
accepted by us, be a separate and binding agreement between you and Tincture Of
Life, with respect to the supply of the relevant Products, in accordance with these Terms
of Sale.
1.2. All orders placed are an offer of purchase and are subject to acceptance by Tincture
Of Life.
If an order is not accepted a full refund will occur at the earliest possible convenience.
Tincture Of Life and its employees, agents, affiliates and/or directors, reserve the right to
reject your order for any reason, such as stock availability or delivery challenges based on
location.
1.3. You must not resell in a commercial manner any of the products you purchase from
us. Specifically, you acknowledge and agree that all products purchased by you are for
personal use or for gifts only, and are not for resale or commercial use, unless specifically agreed
upon in writing by Tincture Of Life employees, affiliates, agents and/or directors.
​
2. PRICE
2.1. The Products are charged at the price published at the time you submit your order.
Tincture Of Life reserves the right to change the price of Products at any time without
prior notice.
2.2. We strive to display accurate price information, however we may, on occasion,
make inadvertent typographical errors, inaccuracies or omissions relating to pricing and
availability. To the extent not prohibited by law, we reserve the right to correct any errors,
inaccuracies, or omissions at any time and to cancel any orders arising from such
occurrences.
2.3. If you are purchasing Products in Australia, all prices listed on the site are in
Australian Dollars and are inclusive of any Australian Goods and Services Tax (as
applicable).
2.4. If you are purchasing Products in a country other than Australia, all prices listed on
the site will be in the currency of the applicable country from which you are accessing our
website, and converted to Australian Dollars (AUD) at time of purchase, unless otherwise
stated. Prices are exclusive of all applicable Taxes, Tariffs and Duties set by your
destination country, unless otherwise stated.
3. DELIVERY
3.1. Details of our estimated delivery timeframes and information about order tracking
can be found on the Shipping & Delivery page.
3.2. In addition to the price of the Products, you will also need to pay the delivery charge
listed. Any delivery charge will appear in your shopping cart. If additional delivery charges
are required, we will contact you before accepting your order and provide you with a
quote for these additional delivery charges. You may choose to accept these additional
delivery charges or ask us to cancel your order, in which case we will provide you with a
full refund of any money paid to us for your order.
3.3. Risk and title in the products pass to you on the date and time the products are
delivered to the address provided by you in your order.
3.4. We do not guarantee the dispatch or delivery of products within the timeframes
provided. Delivery times are our best estimate, however stock availability and events
outside of our control may cause delays, or in some circumstances prevent your products
from being delivered. If we are unable to deliver your products within a reasonable time,
we will contact you to cancel your order, in which case we will provide you with a full
refund of any money paid to us for undelivered Products.
3.5. If you authorise us to deliver the products without being required to sign for proof of
delivery, we will not be liable for any lost, stolen or damaged products once these
products have been delivered.
4. PAYMENT
4.1. Payment in full for all products is required at the time of placing an order with us.
4.2. By submitting an order, you represent and warrant to us that you are authorised to
use the method of payment you provide to us. You authorise us to charge to that payment
method the total amount of your order (including any applicable taxes and delivery
charges). If the payment method cannot be verified, is invalid, or is not otherwise
acceptable, your order may be suspended or cancelled automatically.
Tincture Of Life, its employees, agents, affiliates and/or directors are under no obligation
to ship any products ordered until payment in full for those products has been received.
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5. AVAILABILITY OF PRODUCT
5.1. Tincture Of Life does not guarantee the availability of products on its website. If, for
any reason, a product in your order is out of stock or cannot be delivered, we will amend
your order and refund you for any monies charged for the price of the undelivered
product.
6. CANCELLATION AND ORDER AMENDMENTS
6.1. If you need to cancel or amend an order shortly after the order has been placed, and
prior to the product/s being dispatched, you may contact Tincture Of Life via our
Contact Us page, or by sending an email to: me@stevelockie.com requesting the
amendment or cancellation of the order, and we will do our best to accommodate your
request.
Please note: if the order has been dispatched, it is deemed to be out of our hands and we
are unable to amend or cancel such orders.
7. CHANGE OF MIND RETURNS
7.1. We do not accept returns for simply changing your mind after purchase. Please
choose carefully and ensure that any product you select is right for you, based on any
advice received from your healthcare provider or general practitioner. Despite the above,
nothing in these Terms of Sale alters any rights you may have under Australian Consumer
Law.
8. OTHER RETURNS
8.1. Where required under Australian Consumer Law, Tincture Of Life will accept
product returns and provide you with an exchange, or refund (as applicable) where:
i. the product is damaged, or
ii. the product is faulty, and
iii. you can present your online tax invoice or other adequate proof of purchase.
8.2. Tincture Of Life reserves the right not to offer an exchange or refund where the item
fault is a result of misuse or neglect.
8.3. 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 of the
product.
8.4. To request a return or a refund, please contact us via the Contact Us page, or email
me@stevelockie.com and ensure you include your order number, name of purchaser and
delivery address, which was emailed to you upon processing of your order. Please ensure
you retain proof of purchase of products from our website and the goods in question, if
you are returning your goods, after Tincture Of Life has agreed to replace or refund the
cost of products.
Please note, all delivery costs and cost of return postage shall be borne by purchaser.
9. REFUNDS
9.1. If we are obliged to refund your payment pursuant to these Terms of Sale, your
refund will be credited back to the payment method you used at the time of purchase. We
will aim to process the refund within five (5) business days. The time it takes for you to
actually receive the refund will depend on your financial institution.
9.2. All refund payments will be processed in Australian Dollars and Tincture Of Life will
not be held liable for any difference in the value of the refund against the initial purchase
price in the final currency you used to purchase the products.
9.3. Tincture Of Life will not be liable to refund any fees or charges incurred from your
credit/debit card provider for your initial purchase.
Please note, all delivery costs and the cost of return postage shall be borne by purchaser.
10. CONSUMER GUARANTEES – LIMITED WARRANTY
10.1. Your sole express warranties with respect to the product are the warranties
provided below.
10.2. We expressly disclaim any implied warranty of merchantability or fitness for a
particular purpose or other warranties implied by law, course of dealing, course of
performance, usage of trade, or otherwise. Some jurisdictions limit or do not allow the
disclaimer of implied or other warranties so the above disclaimer may not apply to you.
You may have consumer guarantees that cannot be limited by us, in which case these
Terms of Sale do not affect your rights under the Australian Consumer Law and other laws
applicable to you.
If your product is not of acceptable quality, does not match its description or is not fit for
purpose, you may, under applicable law, be eligible for a refund, exchange or repair and in
some cases compensation for loss or damage notwithstanding the foregoing disclaimer
of implied warranties.
10.3. If you have purchased a Product with a major fault, you have the right to ask for a
replacement or refund. If you have purchased a product with a minor fault, we can choose
to give you a free replacement product or an online voucher to spend on our website.
10.4. Products returned under these consumer guarantees and limited warranties can be
returned within a reasonable timeframe subject to also providing us with proof of your
purchase. When returning or exchanging faulty, damaged or incorrectly described
products, Tincture Of Life may arrange a return postage receipt, subject to our
confirmation that the Product is faulty, damaged or incorrectly described. If, upon
inspection, the Product is not found to be faulty, damaged or incorrectly described we
may require you to pay for the cost of the return postage.
10.5. To arrange a return for a faulty, damaged or incorrectly described product email us
directly at me@stevelockie.com of contact us via our Contact Us page.
11. LIABILITY FOR SALE AND PURCHASE OF PRODUCTS
11.1. To the maximum extent permitted by law (including, without limitation, the ACL) in
no event will Tincture Of Life, its agents, or the respective directors, employees and
affiliates, be liable to you, or any other person, for any loss, damage, costs or expense
suffered, (whether directly or indirectly) arising out of or in connection with your purchase
or use of, or otherwise relating to, the products. This exclusion applies regardless of the
cause of action – i.e. whether in contract, negligence or any other tort, equity or under
statute. To the maximum extent permitted by law, where the liability of the Tincture Of
Life Parties cannot be disclaimed entirely, you agree that the maximum aggregate liability
of the Tincture Of Life Parties for the aforementioned liability shall not exceed the
amount you actually paid for the product giving rise to such liability. The limitations of
liability set forth above shall only apply to the extent permitted by law.
11.2 Tincture Of Life will not be responsible or liable for any indirect, consequential,
incidental, exemplary, punitive or special damages, loss, liability or expense arising from
incorrect use of any products purchased from Tincture Of Life website. The Tincture Of
Life Parties liability to you for any loss, damage, costs or expense of any kind arising out
of these Terms of Sale will be reduced to the extent (if any) that you cause or contribute to
the loss, damage, costs or expense.
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12. YOUR PERSONAL INFORMATION
12.1. By placing an order with Tincture Of Life, you acknowledge and agree that the
information provided is collected and used in accordance with our Privacy Policy.
14. GOVERNING LAW; ENTIRE AGREEMENT
14.1. These Terms of Sale are governed by the laws of the State of Queensland, Australia
and you submit to the non-exclusive jurisdiction of the Courts in the State of Queensland,
Australia.
14.2. If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then
that provision will be deemed severed from these Terms of Sale and will not affect the
validity or enforceability of the remaining provisions of these Terms of Sale. These Terms
of Sale, our Privacy Policy and the Website Terms & Conditions will be deemed to be the
final and integrated agreement between you and us on the matters contained in these
Terms of Sale.
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Having stated all the above legalese, we pledge to do everything in our power to make your time and any purchases from Tincture Of Life website, a good, wholesome and fulfilling experience. We will do all in our power to ensure you enjoy your time here and welcome any constructive critique to further enhance your experience, and the experience of all who visit our website.
Thank you for visiting TinctureOfLife.com
To the health and wellbeing of all
Steve Lockie
Founder and Alchemist