Terms & Conditions

1.1 – In these Terms and Conditions, unless the contrary intention appears:

Accepted Order means an Order accepted by us and for which payment has been received by us and an order confirmation notice is provided to you for such Order.

ACL means the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia or, for deliveries of Products, at the place of delivery.

Contract means a contract of sale referred to in clause 2.4.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Order means an order for the Products placed by you.

Price means the price of the Products inclusive of GST listed on the Website.

Privacy Policy means our Privacy Policy, as amended from time to time, available at https://sienna.co/privacy-policy/.

Product means the goods listed on the Website, or the goods purchased or to be purchased by you which are the subject of a Contract.

Returns Policy means the returns policy for the Products purchased from us, as amended from time to time, and available at https://sienna.co/returns-policy/.

Rewards Program means the rewards program offered by us from time to time referred to in clause 7 below.

Service means any services offered by us, including via the Website or via other methods or platforms (e.g. via a text message, email or social account) referred to in clause 7 below.

Terms and Conditions means these terms and conditions governing the use of the Website, the supply of Products or the provision of Services by us, and includes our Privacy Policy, our Product Warranty and our Returns Policy (where applicable).

We, us or our means Sienna Byron Bay (ABN 59 923 238 371) and its associated entities.

2.1 – You may place an Order for our Products by completing and submitting to us an online order and completing the checkout procedures on the Website. You must not order Products from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.

2.2 – All Orders are subject to our acceptance at our discretion. This Website and the information on it constitute an invitation to treat and not an offer by us to supply any Products. Your Order represents an offer from you to purchase the Product in accordance with these Terms and Conditions. Our acceptance of a particular Order will not imply that we will accept any of your future Orders.

2.3 – Orders placed on a weekend or public holiday will not be processed until the next Business Day. If we accept your Order, we will acknowledge and accept your Order by providing you with an order confirmation number via email once your payment for the Products in your Order has been validated. If we do not accept your Order, we will provide a full refund of the amount paid by you and received by us for that Order.

2.4 – Once your Order is accepted by us, a binding contract will come into existence between you and us in relation to the ordered Products. The Contract will comprise the Accepted Order and these Terms and Conditions. If there are any inconsistencies between these Terms and Conditions and another provision in the Contract, the provision in these Terms and Conditions will prevail to the extent of inconsistency. No other terms or conditions (including any terms or conditions printed on or referred to in your Order) will be binding on us unless we agree in writing.

3.1 – You may cancel an Order any time prior to the time we send out the Products to you. You may not otherwise cancel any Accepted Orders unless we agree to your cancellation, in which case you will be required to pay a cancellation fee, currently AUD $25.

3.2 – You agree that we may not accept your Order, or we may cancel any Accepted Orders due to any of the following:

in which case, you acknowledge and agree that we are under no obligation to sell you any Products. If you have made a payment and submitted your Order which is cancelled or rejected by us, or if we cancel your Accepted Order, we will provide you with a full refund for the amount you have paid and received by us for that Order or Accepted Order.

4.1 – Subject to clause 3, the price payable by you for the Products in an Accepted Order will be the Price for the Products at the time your Order is submitted. We may update or vary the Price from time to time without notice to you. Any changes will be effective once they are published on the Website.

4.2 – All Prices are inclusive of GST. In the event that GST is not payable, such as when the Products are to be delivered outside of Australia, the GST will be deducted from the Price. All Prices do not include insurance or any other tax, tariff or duty unless expressly stated otherwise. You are required to pay (where applicable) these charges in addition to, and at the same time as, payment of the Price for the Products. If we are required to pay any additional tax, tariff, duty, fee or charge (in addition to GST), you must reimburse us with the amount paid. In some cases, you may be required to pay tax, tariff, duty, fee or charge (in addition to GST), at the border for importation of the Products to your country, you are entirely responsible for payment of such amounts.

4.3 – We accept payment for any Accepted Orders by PayPal, Afterpay, Google Pay, Apple Pay, Klarna, Shop Pay, credit or debit card only. We will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your PayPal, Afterpay, Google Pay, Apple Pay, credit or debit card is fraudulently used or used in an unauthorised manner by a third party.

4.4 – Unless expressly stated to the contrary, all payments must be made in the currency specified in the Price on the Website for your transaction. Where conversion from foreign currency is required, such currency conversion will be performed by PayPal, Afterpay, Google Pay, Apple Pay, Klarna, Shop Pay, or the credit or debit card company and may be subject to a fee charged by them.

4.5 – We will process PayPal, Afterpay, Google Pay, Apple Pay, Klarna, Shop Pay, credit or debit card payments as soon as you submit your Order.

4.6 – If your payment is declined or reversed for any reason, we reserve the right to reject your Order or cancel any Accepted Orders. We reserve the right to keep or sell the Products.

4.7 – If requested, your tax invoice will be sent to you by email after the Products are delivered. Please keep your tax invoice safely as it is your proof of purchase.

5.1 – There will be no delivery charges for standard shipping within Australia of each Accepted Order where such order has a total value of more than AUD$55.00 (inclusive of GST and any other taxes). Delivery charges will apply to each Accepted Order of a total value of AUD$55.00 (inclusive of GST and any other taxes) or less, or an Accepted Order for delivery outside of Australia. For all delivery options, (including standard shipping within Australia) whether provided to you with or without charges, you will continue to be liable for any insurance, tax, tariff or duty (where applicable).

5.2 – We will deliver the Products once full payment of the Price and all applicable charges (including charges for delivery, insurance or any other tax, tariff or duty) have been received. Any timeframes quoted by us for delivery of the Products are estimates only and will not be of the essence of the Contract; or otherwise confer any right of cancellation of an Accepted Order on you. We will not be liable for any loss or damages (directly or indirectly) sustained by you as a result of our failure to deliver by a particular delivery date.

5.3 – We deliver Products within Australia and internationally. All Products will be delivered by a postal service or courier option made available at the time your Order is submitted. If you provide specific delivery instructions (including to the postal service or courier), for example, for your Product to be to be left at your nominated address without acknowledgment of receipt, we will not be liable or responsible for any loss or damage to your Products once the delivery is made in accordance with your instructions. We are also not liable or responsible for any loss or damage to your Products that occurs as a result of the handling of Products by the postal service or courier in the process of delivering such products to you.

5.4 – If the Products are to be delivered outside of Australia, you must comply with all laws and regulations of the country where the Products of your Accepted Order is shipped. You will be listed as the “importer” of the Product. All taxes, duties and tariffs will be your sole responsibility. We have no control over such taxes, duties and tariffs and do not have any obligation to ensure any Accepted Order will clear customs. You should contact relevant customs authority to determine if your Products under an Accepted Order will be charged any taxes, duties and tariffs or subject to any laws and regulations.

5.5 – We do not take any responsibility where the Products of your Accepted Order are opened for inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may disclose personal information, such as your name and address and other information such as the Price and description of the Products and shipment and carrier information.

5.6 – You acknowledge that any delays caused by custom clearance are beyond our control. Our original estimated delivery timeframes do not take into account custom clearance. We are not liable for any loss or damage you suffer due to custom clearance delays.

5.7 – Unless otherwise agreed, the Products are not insured by us and you will bear any risk of loss or damage to the Products when delivered to you.

6.1 – All intellectual property rights in and to this Website and all information, contents and photographs published on this Website, whether in relation to our Products or otherwise, belongs or is otherwise licensed to us. You acquire no right, title or interest in or to our intellectual property by virtue of these Terms and Conditions. Nothing on the Website should be construed as granting any licence to use any intellectual property right, including any trade mark, without our permission.

6.2 – In particular, you must not use any trade marks appearing on or in relation to the Products, our photographs of the Products, or any information or contents published on this Website in relation to the Products:

7.1 – We may provide advice or give recommendations to you with respect to Products on the Website or via other methods or platforms (e.g. via a text message, email or on social accounts). Any such information is provided strictly for general information purposes and should not be construed as specific or medical advice to your particular need.

7.2 – Any advice and recommendations we provide are suggestions only based on our experience and understanding of the Products and, where applicable, on the information provided by you. Our advice and recommendations, including with respect to Products, do not come with any guarantee or warranty of success or suitability.

7.3 – Information we provide is not intended to be professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any question or issue you may have. Do not disregard professional medical advice or delay in seeking it because of something you have read on this Website.

7.4 – We may, from time to time, at our discretion, offer Rewards Programs in connection with the purchase of our Products. The terms and conditions for participation in the Rewards Program, including eligibility to participate, earning, redemption and expiry dates of rewards, and termination or withdrawal of the Rewards Program are published on the Website. You agree to such terms and conditions if you select to participate in such Rewards Programs.

8.1 – You may create a customer account with us by completing and submitting to us a completed online form on the Website.

8.2 – By registering a customer account with us, or otherwise submitting an Order for our Products, we may require you to provide your personal information, including details such as your name, your email address, phone number, billing and delivery address. You warrant that all information submitted to us is true, accurate and up-to-date.

8.3 – Our Privacy Policy governs how we collect, use, handle and disclose any personal information you provide or disclose to us and forms part of these Terms and Conditions. You should carefully read and review our Privacy Policy and these Terms and Conditions with respect to the collection, use, handling and disclosure of personal information, these Terms and Conditions will prevail to the extent of any inconsistencies.

8.4 – If you register a customer account with us, we will require you to create a password for your customer account. You must ensure that your username and password are kept secure and confidential. You must not allow your username or password to be used by any third party, or otherwise permit any third party to access your account at any time. You will be solely responsible for any misuse or abuse of your username, password or person details for anything that results from the use of your customer account (including any Orders placed under the account). You agree to indemnify us against any loss or claims arising from the unauthorised use of your username and password.

8.5 – You will immediately notify us through our website’s “Contact Us” section of any suspected or actual unauthorised use of your account, disclosure of your username and password or any other security breaches.

8.6 – Your account registrations are subject to our acceptance. We reserve the right to deny, restrict, suspend or close any customer accounts at our discretion.

8.7 – You agree and consent to us contacting you for direct marketing purposes subject to our Privacy Policy, such as to inform you about products and services that may be of interest to you. This consent is not limited in time unless you choose to opt out by notifying us in writing via the “Contact Us” section of this Website, or by utilising an “unsubscribe” facility on a communication we send to you, in which case, we will take steps to ensure you do not receive any such direct marketing information in the future.

8.8 – Cookies refer to small pieces of data which are stored on your computer. Cookies may be used to control the display of an advertisement, track your browsing patterns, to personalise information and record registration. You acknowledge that we may store one or more cookies in your browser or request your browser to transmit the data to the web server. Subject to our Privacy Policy, we reserve the right to use anonymous data acquired through cookies about our users for any business purposes.

9.1 – We have made reasonable endeavours to ensure that the information and content provided on this Website are accurate and current at the date of publication, and that the photographs of the Products listed on this Website are represented accurately (including the size, colour, texture and overall appearance of the Product and the colour and shades offered by the Products). However, you acknowledge and agree that:

9.2 – We have used commercially reasonable efforts to provide you with access to this Website via the internet. You acknowledge and agree that access to and use of this Website may be temporarily suspended for scheduled or urgent server maintenance work or for other reasons beyond our reasonable control.

9.3 – Subject to clause 10 and to the extent permitted by law and, except as provided by these Terms and Conditions, we will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you in connection with:

9.4 – To the extent permitted by law, where you believe a Product you have purchased from this Website does not meet your expectations or the description of the Website, your sole remedy is to exercise your rights under clauses 10, 11 or 12.

9.5 – We may include links providing access to other websites. You acknowledge that we are not responsible for the accuracy of the information contained in these third-party websites and we do not endorse any features, content, advertising, products or any other materials, and such information does not form part of our content. You should review any applicable terms and the privacy policy of a third- party website before using that website or providing any information. You agree and acknowledge that you access and use third party websites entirely at your own risk.

9.6 – You acknowledge and agree that this Website has been provided to you for personal use. You agree at all times to access and use the Website in accordance with these Terms and Conditions (including our Privacy Policy) and all applicable laws. You must not:

10.1 – Nothing in these Terms and Conditions excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the ACL, we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to our Products and Services.

10.2 – If you are a “consumer” under the ACL, the following notice applies to you:

In addition, clause 12 (Returns and Refunds) and clause 10.4 (Product Warranty) (if any) with respect to certain Products apply in addition to (but may overlap with) any rights and remedies you may have under the Consumer Guarantees as a consumer.

10.3 – If you are not a “consumer” under the ACL, to the extent permitted by law, the rights under clause 12 (Returns and Refunds) and clause 10.4 (Product Warranty) (if any) are your sole remedies with respect to such subject matter.

10.4 – Subject to this clause 10, and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms and Conditions in connection with any goods or services supplied by us or otherwise relating to the performance of our obligations under these Terms and Conditions are excluded.

11.1 – Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach (including for any Consumer Guarantees), at our option, to the repair or replacement of Products, or payment of the cost of repairing or replacing the Products, or a refund of the Price paid for the Products.

11.2 – We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products or these Terms and Conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

11.3 – To the extent permitted by law, our total liability arising out of or in connection with the Products or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Price paid by you for the purchase of Products under these Terms and Conditions.

12.1 – We offer refunds for certain Products in accordance with our Returns Policy, available at https://sienna.co/returns-policy/.

12.2 – You must follow the instructions set out in our Returns Policy to return an eligible Product for a refund.

12.3 – If you are entitled to a store credit as a refund under our Returns Policy, we will only give you the store credit once we have received the Product and inspected it and assessed whether it is eligible for a refund under these Terms and Conditions. Any store credit we make will be valid for thirty (30) days and may only be used for purchases via the Website.

13.1 – These Terms and Conditions are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

13.2 – We may change any provision in these Terms and Conditions without notice. Any updated Terms and Conditions will be published on the Website and will only apply to orders submitted after the updated Terms and Conditions are published.

13.3 – You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.

13.4 – Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.

13.5 – If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions Sale take effect (where possible) as if they did not include that provision.

13.6 – Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.

13.7 – If a dispute arises under these Terms and Conditions, neither of you and us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days.