Effective Date: 1 October 2025
These Terms of Service ("Terms") apply to all customers of Eight Elements Pty Ltd trading as SIHA [ABN 70 865 452 939] ("we", "us", or "our"). By accessing our website or purchasing our Products, you agree to be bound by these Terms, our Privacy Policy, and any other terms, conditions, or policies linked on our website (collectively, the "Agreement"). If you do not agree with these Terms, you must not use our website or services.
1. Before You Purchase
You must:
- Be 18 years of age or older, or have parental/guardian consent.
- Provide accurate and complete information at the time of purchase.
- Apply any promotional codes at checkout, as they cannot be applied retrospectively.
- Acknowledge and agree that orders are processed promptly and may not be cancelled once confirmed.
2. Orders
Quotations issued by us on our website will not constitute an offer to supply specified Products at a specified price, but rather will constitute an invitation to you to make an offer to purchase the specified Products at the quoted price by placing an Order on our website. A contract for the supply of Products by us to you is formed when we accept an Order.
These Terms apply to and form part of every contract for the supply of the Products by us to you. Orders are only accepted upon and subject to these Terms.
Any qualification, addition, variation or provision which conflicts with these Terms which appears on your Order shall not form part of the contract between us and you unless such change appears on the face of the Order duly accepted by us or is otherwise confirmed by us in writing.
We reserve the right to cancel any Order and issue a full refund. We may also refuse service or sales at our discretion. From time to time, certain products may be available for preorder. While we aim to meet estimated delivery timelines, delays may occur. If significant delays arise, you may request a cancellation and refund, subject to our review.
3. Pricing
All Products are invoiced at the current prices as advertised on our website on the date when you place the Order. All prices quoted are in Australian dollars.
All Products must be paid for by you immediately upon placing an Order for the Products on our website except where we have agreed otherwise.
Any tax (including GST) or other duty on the production, sale or supply of any Products sold by us now imposed or hereafter becoming effective shall be added to the price quoted and shall be paid by you to us.
If after acceptance of an Order and up until and including the date of delivery there are increases in the costs incurred by us or any other factors beyond our control, we reserve the right to increase the prices to include allowance for such increased costs by notice in writing to you.
4. Purchase Acknowledgements
You acknowledge that:
- Product descriptions and imagery may differ slightly from actual items or contain occasional errors.
- Some Products may be available only in limited quantities or geographic locations.
- All purchases are subject to availability.
5. After Purchase
You agree:
- That for delivery issues, you should contact Australia Post or the courier directly.
- To use all Products in accordance with the manufacturer’s instructions and perform a patch test (see below).
- To report any Product issues within 48 hours of delivery by contacting us via email failing which you will be deemed to have accepted the Products from us without any defects.
- That all dispute-related correspondence must remain confidential.
6. Product Testing
Prior to use, a patch test is strongly recommended. You acknowledge and agree that we are not liable for any adverse reactions resulting from failure to test or misuse of a Product.
7. Sharing Your Experience
We welcome feedback and user content. If you share testimonials, images, or videos, you grant us permission to use such content for marketing and promotional purposes. To withdraw consent, please contact us at connect@siha.com.au
8. Changes to Website Content
We may modify any part of the website, including shipping information, pricing, and availability, without notice.
9. Shipping & Returns
Shipping zones, pricing, and options are listed on our website and are subject to change. Orders are dispatched via Australia Post or a reputable courier upon payment.
We shall use best endeavours to arrange delivery of the Products to you at the time specified on our website.
We will not be liable for any loss or damage which may be suffered by you (including consequential loss or damage) arising out of a delay in the delivery of the Products.
Products will not be accepted for return for credit without the prior approval of us, which may be granted with or without conditions or withheld at our unfettered discretion and otherwise in accordance with our Returns Policy.
Without limiting the previous subclause, we may impose an administrative charge or surcharge on any return and provide a refund in the form of a credit against future orders or may replace the Products as we determine, solely at our discretion.
Non-standard or specially manufactured or labelled Products are not returnable.
We may in our absolute discretion require you to pay any charge, levy or tax associated with the return of Products including, but not limited to, freight costs.
10. Fitness for Purpose
You acknowledge that you have made due inquiry and relies on your own skill and judgment when deciding whether the Products are fit for purpose.
We disclaim any liability in case the Products cause you an adverse reaction.
It is your responsibility to satisfy yourself that Products are of a description, quality and character suitable for the purpose for which they are purchased and, to the extent permitted by law, we shall not be liable in any way for any loss or damage (including direct, indirect or consequential) arising from the failure by you to so satisfy yourself.
11. Information and Warranties
All samples, drawings, descriptive matters, and specifications issued by us or published on our website are issued or published for illustration only and do not form part of the Order or the contract unless specifically referred to therein.
We will not be liable for any losses or damage, either directly or indirectly incurred by the use of or in reliance upon the information provided therein or for any errors, omissions or inaccuracies in the information provided.
We, if applicable, assigns to you any warranty received from the original manufacturer of the Products so far as we are permitted to do so.
12. Liability and Indemnity
To the extent permitted by law, we exclude all statutory or implied conditions and warranties and any other liability we may have to you (including liability for indirect or consequential loss) that may arise under statute or at law including without limitation for breach of contract, in tort (including negligence) or under any other cause of action.
To the extent permitted by law, we limit our liability which cannot be legally excluded under all statutory or implied conditions and warranties and any other liability we may have to you (including liability for indirect or consequential loss) that may arise under statute or at law including without limitation for breach of contract, in tort (including negligence) or under any other cause of action, to whichever of the following we determine at our discretion:
· supplying equivalent Products again; or
· paying of the cost of acquiring equivalent Products again.
You indemnify us against all reasonable costs (including legal costs), expenses, damages, accounts or other losses or liability, including those arising from any actions, suits, proceedings, claims or demands, made against or suffered by us, arising out of us supplying the Products in accordance with these Terms or arising out of you breaching any of your obligations (which includes any negligent act or omission by you or your agents) under these Terms.
13. Force Majeure
Without prejudice to any other provision hereof, we are not liable for failure to perform due to the Force Majeure Event.
14. Disputes
In the event of a dispute, both parties agree to use their best endeavours to resolve the dispute by direct negotiation in good faith.
If any dispute between the parties cannot be settled by negotiation, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation.
The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation (Guidelines) which operate at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. Each party is responsible for its own legal costs.
Despite the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under these Terms.
The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle the dispute between the parties.
15. Governing Law
This Agreement is governed by the laws of Victoria, Australia. If any provision is found to be unenforceable, it shall be severed, and the remainder shall continue in full force.
Definitions
- Force Majeure Event: Any event beyond our control affecting our ability to perform our obligations including but not limited to natural disasters, pandemics, strikes, or logistical disruption.
- Loss or Damage: Includes direct, indirect, or consequential damage, including personal injury or property damage.
- Order: an order by you placed on our website to purchase clearly identified Products (including quantity, specifications and other relevant matters) at a price specified on our website.
- Products: All skincare and wellness products sold via our website and any services (including consultation) we may provide associated to the sale of products.
- We/Us/Our: Eight Elements Pty Ltd trading as SIHA [ABN 70 865 452 939], including employees, contractors, and agents.
