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FREE SHIPPING TO USA ON ORDERS OVER $200

TERMS OF USE

Welcome to www.oneteaspoon.com (the Website).  The Website is owned and operated by Pink Factory Pty Ltd, trading as OneTeaspoon (referred to below as OneTeaspoon, we and us).

The use of this Website is subject to the following Website Terms, our Online Shopping Terms our Privacy Policy (further down this page) band any additional terms and conditions and notices displayed by us on this Website from time to time (together "Terms of Use"). In the Terms of Use, "you" and "your" are references to the person accessing or using this Website.

Definitions of words and phrases used in the Terms of Use are set out at the end of this document.

 

WEBSITE TERMS


    1. 1.  Acceptance of Terms of Use
      1. 1.1    The Terms of Use govern your access to and use of the Website, including any information, content or materials that are located on, form part of or are available through or in connection with the Website (Website Material).
      2. 1.2    By browsing, accessing or using the Website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understood and agree to be bound by the Terms of Use and any additional terms and conditions notified to you from time to time. The Terms of Use form a legally binding agreement between OneTeaspoon and you. If you do not agree to the Terms of Use, you must leave the Website and not access or use it again.

    2. 2.  Website Material
      1. 2.1     The Website Material is derived from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. Except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to the Website Material. In particular, while care has been taken in creating this Website, OneTeaspoon does not warrant or represent that:
        1. 2.1.1     the Website Material is accurate, complete, up to date or suitable for any purpose; or
        2. 2.1.2    the Website itself is free from any computer viruses or other defects

    3. 3. Suspension of Service
      1. 3.1    No representation or warranty of availability

        OneTeaspoon does not represent or warrant that your access to the Website will be continuous or uninterrupted.

      2. 3.2    Suspension of service
        1. 3.2.1   OneTeaspoon may from time to time suspend operation of the Website..
        2. 3.2.2   Where possible, OneTeaspoon will place a notice in advance on its Website of the time and duration of any interruption to or suspension of the Website. OneTeaspoon does not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.

    4. 4.  Your responsibilities
      1. 4.1  When using this Website, you must not:
        1. 4.1.1   infringe any intellectual property right (including copyright, database right or trade mark right) or the privacy of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
        2. 4.1.2   reproduce any Website IP (as defined under heading 6 below) without our express written permission, which we may grant or withhold at our absolute discretion;
        3. 4.1.3   seek reimbursement from any other person for access to the Website or on-sell any information obtained from the Website;
        4. 4.1.4   engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose;
        5. 4.1.5   submit, post, upload, email or otherwise send or transmit to the Website, or any user of the Website, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Website; or
        6. 4.1.6   interfere with the Website or the servers or networks underlying or connected to the Website or violate any of the procedures, policies or regulations of the Website or any networks connected to the Website.
      2. 4.2  You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Website, including any breach by you of the Terms of Use.

    5. 5. Security

      We use our reasonable endeavors to minimise viruses and bugs from infiltrating the Website, however, due to the nature of the internet, the Website may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website or any linked website.


    6. 6.  Intellectual Property
      1. 6.1   The entire contents and design subsisting in, relating to or arising out of the Website and available through or in connection with the Website including but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Website IP) are the intellectual property of us, our content providers or our licensors, with all rights reserved.
      2. 6.2   You must not, without our express written permission, do anything, or omit to do anything, which may infringe the intellectual property rights in the Website IP. This includes reproducing any part of the Website or Website IP other than for the purposes and subject to the conditions prescribed under the Copyright Act, or as otherwise provided in the Terms of Use.
      3. 6.3   Unless we agree otherwise in writing, you are provided with access to this Website only for your personal, non-commercial use. You are authorised to:
        1. 6.3.1   print a copy of any information contained on this Website for your personal use; and
        2. 6.3.2   store a copy of the Website Materials on your computer for the sole purpose of viewing the Website Materials, provided that you keep all copyright or other proprietary notices intact.

    7. 7.  Acceptance of risk and release from liability
      1. 7.1   Subject to clause 7.2, you are wholly responsible for your use of the Website and you use the Website at your own risk. To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Website.
      2. 7.2   You may have rights under the Australian Consumer Law in respect of any goods or services supplied to you under or through the Website. If so, our liability to you is limited to, at our election:
        1. 7.2.1   in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or
        2. 7.2.2   in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.
      3. 7.3   Otherwise, to the maximum extent permitted by law, neither OneTeaspoon nor any of its officers, directors, employees, contractors, agents, information providers, suppliers, associated entities or clients will be liable for any loss, damage, cost or expense (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any Website Material or otherwise as a result of or in connection with the use of this Website or any Website Material.

    8. 8.  Links to other websites

      The Website may contain links to third party sites. Access to any other internet site linked to the Website is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party sites. Linked websites are responsible for their own terms and conditions of use.


    9. 9.  Applicable law
      1. 9.1   The content, operation and interpretation of this Website and the Terms of Use will be governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales in the event of a dispute arising out of, or in connection with, this Website.
      2. 9.2   This Website may be accessed in Australia and overseas. OneTeaspoon makes no representation that the content provided by this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

    10. 10.  Changes to Terms of Use

      We may change the Terms of Use at any time. If we do so, an amended version will be posted on the Website. Your continued use of the Website after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes, you must discontinue your use of the Website. You are responsible for keeping up to date with any changes by regularly reviewing the Terms of Use.


    11. 11.  Contacting us

      We welcome any suggestions and comments you may have about your experience at OneTeaspoon. Please also contact us if you have any questions about our Terms of Use or any queries or concerns about this Website.

      Email                    online@oneteaspoon.com.au

      Telephone            (02) 9907 1144 (for callers within Australia)

                                  +61 2 9907 1144 (for callers outside Australia)

      Post                      OneTeaspoon

                                   8 Powells Road, 

                                   Brookvale NSW 2100

                                   Australia

    12.  


ONLINE SHOPPING TERMS


These Online Shopping Terms contain important information about the ordering, purchase and delivery of goods sold online by OneTeaspoon to consumers, including limitations of liability.

Please contact us (details above) if you have any queries about these terms.


  1. 1.  General
    1. 1.1   These Online Shopping Terms apply to the sale of goods by OneTeaspoon to you on the Website. You will be bound by the Online Shopping Terms when you submit an order through the Website.
    2. 1.2   Your rights under the Online Shopping Terms are in addition to, and do not in any way limit, your rights under the Australian Consumer Law which may not be lawfully excluded. All other terms, conditions, guarantees and liabilities which are not expressly included in these Online Shopping Terms are excluded.

  2. 2.   Placing orders
    1. 2.1   Orders placed through the Website are an offer by you to purchase the relevant item/s for the price specified on the Website (plus GST and any Delivery Fee) at the time the order is placed.
    2. 2.2   Each order placed is a separate contract between you and OneTeaspoon for the supply of items under these Online Shopping Terms. Items purchased are for personal and non-commercial use only.
    3. 2.3   We reserve the right to accept or reject orders placed with us. If we reject an order, we will let you know why within 5 business days and refund any money that you have paid us.
    4. 2.4   Although we make every effort to keep sufficient stock of items listed on the Website, occasionally we encounter unforeseen supply problems or sell out of certain products and sizes due to unexpected demand. If we are out of stock of an item that you have ordered, you will be notified by email. Refunds for out of stock items will be processed as quickly as possible, but may take up to three business days.
    5. 2.5   If we accept an order, that constitutes an agreement by us to supply the items in accordance with these Online Shopping Terms.
    6. 2.6   Where you place separate orders with us, these cannot combined into one.
    7. 2.7   Sale items are only available at the sale price during the relevant sale period.
    8. 2.8   Pre-orders. Will be available soon.
    9. 2.9   Errors in ordering. If you made a mistake with your order, please contact customer service no more than 30 minutes after your order was placed by calling (02) 9907 1144 (for callers within Australia) or +61 2 9907 1144 (for callers outside Australia) between 9am and 5pm Monday to Friday. If your order was placed outside of business hours, please contact us by 9.30am on the following business day. We will do our best to update your order before the items are shipped, but we cannot guarantee that this will be possible. However, you can return the items (subject to our returns policy – see section 5 below).
    10. 2.10   Item descriptions and sizing.You acknowledge and agree that:
      1. (a)   computer resolutions and monitors may render colours differently to how they appear in real life;
      2. (b)   you will check that the description and sizing of items is suitable for your needs before submitting any order; and
      3. (c)   any accessories featured with items shown on the Website are for illustrative purposes only unless stated otherwise.
    11. 2.11   Website errors. We reserve the right not to honour incorrect offers on the Website that result from genuine human or system errors (including where an item's description, price or image is inaccurate).
    12. 2.12   We take all reasonable steps to verify that the orders placed and payment details provided are legitimate. As such we have the right to cancel and refund your order if you do not fulfil the requirements of our online credit card verification. In such scenarios we will notify you via email or phone using the details you have provided.

  3. 3.  Terms of payment
    1. 3.1  Prices

      All prices are correct at the time of their online publication, but are subject to change without notice.

      All prices listed on this site are in US dollars, and charged to your credit card in US dollars. The bank that has issued your credit card determines the exact exchange rate at the time of purchase. To get an estimate of the current rate visit XE.com- Foreign Exchange Rate Calculator

      Pricing on this website may differ from prices available elsewhere.

    2. 3.2  Terms of Payment

      Items must be paid for at the time of sale or they will not be shipped.

      We accept Visa and MasterCard credit card payments. We do not accept personal checks, money orders or direct bank transfers. Your account is charged once you click Complete Order at the check out.

      Only one credit card can be used for each order.

    3. 3.3  Store Credit

      Store credits are valid for 12 months from the date of issue and will expire after 12 months.

      To use a store credit, sign into your ONEXONETEASPOON account; you will see your store credit on the "My Account" page. Upon checking out, the store credit will automatically be deducted from your total. If you do not use the entire store credit the balance will go back into your ONEXONETEASPOON account to be used on future purchases.

      Store credit cannot be transferred to another person or account.

      Store Credit may be used to purchase gift cards to our store. Any purchase amounts that exceed the value of the Store Credit will require an additional method of payment for the remaining balance due.

      Store credit is provided in US dollars

      Your use of the Store Credit constitutes your agreement to our Terms of use.

      To view your Store Credit Balance, log into your ONEXONETEASPOON account. Your Store Credit balance will be displayed on the My Account page.

    4. 3.4   Verification

    5. We take all reasonable steps to verify that the orders placed and payment details provided are legitimate. As such we have the right to cancel and refund your order if you do not fulfil the requirements of our online credit card verification. In such scenarios we will notify you via email or phone using the details you have provided.


  4. 4.  Shipping
    1. 4.1  USA domestic orders
      1. 4.1.1  Shipping times

        Shipping times for domestic orders depend on the method of delivery selected as follows:

        1. (a)  Standard shipping

          Standard orders are charged at a flat rate of $9.95. Shipping times vary from 3-9 business days depending on your location. For more information or to track an order you have already placed with us call +61 2 9907 1144 or email online@oneteaspoon.com.au

        2. (b)  Express shipping

          Express orders are charged at a flat rate of $25.00. Shipping times vary between 1-3 business days depending on your location. For more information or to track an order you have already placed with us call +61 2 9907 1144 or email online@oneteaspoon.com.au

        3. Shipping times are also subject to clause 4.3 and 4.4 below.
      2. 4.1.2  General delivery information

        As deliveries are made by registered courier and require a signature upon delivery, we are not able to ship to PO Boxes, APO/FPO addresses at this time.

        If you are having your parcel delivered to a business address, please give all relevant details such as business name, level and/or suite number.

        Orders are delivered between 8am and 6pm Monday to Friday (excluding public holidays). Deliveries are not available on weekends.

        After your payment is authorised and verified, it can still take up to two days to process your order. This doesn't include weekends or holidays.

        Orders placed for express service before 1:00 PM PST will ship out the same day (excluding holidays and weekends). Please note that at this time Saturday delivery is not available.

        In the event that an item in your order is unavailable, the processing time may vary.

        You will receive a shipping confirmation email with your consignment (tracking) number once your order is ready for shipping. If you have any queries about your delivery after the item has been shipped, please contact the relevant carrier directly with your consignment number.

        Risk and title to the items purchased by you on the Website passes to you when we provide the items to our delivery agent.

        Re-delivery

        All delivery methods require a signature from the customer upon receipt of the parcel. If there is no one available to accept your order, you will need to contact the relevant carrier to arrange pick up (often from the carrier’s depot) or re-delivery. OneTeaspoon accepts no liability for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to you or any other person that is caused by missed deliveries or re-delivery.

    2. 4.2  International orders – shipped from USA
      1. 4.2.1  General

        We ship internationally from USA to the following countries:

        • Afghanistan
        • Aland Islands (Finland)
        • Albania
        • Algeria
        • American Samoa (USA)
        • Andorra
        • Angola
        • Anguilla (UK)
        • Antigua and Barbuda
        • Argentina
        • Armenia
        • Aruba (Netherlands)
        • Austria
        • Azerbaijan
        • Bahamas
        • Bahrain
        • Bangladesh
        • Barbados
        • Belarus
        • Belgium
        • Belize
        • Benin
        • Bermuda (UK)
        • Bhutan
        • Bolivia
        • Bosnia and Herzegovina
        • Botswana
        • Brazil
        • British Virgin Islands (UK)
        • Brunei
        • Bulgaria
        • Burkina Faso
        • Burma
        • Burundi
        • Cambodia
        • Cameroon
        • Canada
        • Cape Verde
        • Caribbean Netherlands (Netherlands)
        • Cayman Islands (UK)
        • Central African Republic
        • Chad
        • Chile
        • China
        • Colombia
        • Comoros
        • Cook Islands (NZ)
        • Costa Rica
        • Croatia
        • Cuba
        • Curacao (Netherlands)
        • Cyprus
        • Czech Republic
        • Democratic Republic of the Congo
        • Denmark
        • Djibouti
        • Dominica
        • Dominican Republic
        • Ecuador
        • Egypt
        • El Salvador
        • Equatorial Guinea
        • Eritrea
        • Estonia
        • Ethiopia
        • Falkland Islands (UK)
        • Faroe Islands (Denmark)
        • Federated States of Micronesia
        • Finland
        • France
        • French Guiana (France)
        • French Polynesia (France)
        • Gabon
        • Gambia
        • Georgia
        • Germany
        • Ghana
        • Gibraltar (UK)
        • Greece
        • Greenland (Denmark)
        • Grenada
        • Guadeloupe (France)
        • Guam (USA)
        • Guatemala
        • Guernsey (UK)
        • Guinea
        • Guinea-Bissau
        • Guyana
        • Haiti
        • Honduras
        • Hong Kong (China)
        • Hungary
        • Iceland
        • India
        • Iran
        • Iraq
        • Ireland
        • Isle of Man (UK)
        • Israel
        • Italy
        • Ivory Coast
        • Jamaica
        • Japan
        • Jersey (UK)
        • Jordan
        • Kazakhstan
        • Kenya
        • Kiribati
        • Kosovo
        • Kuwait
        • Kyrgyzstan
        • Laos
        • Latvia
        • Lebanon
        • Lesotho
        • Liberia
        • Libya
        • Lithuania
        • Luxembourg
        • Macau (China)
        • Macedonia
        • Madagascar
        • Malawi
        • Mali
        • Malta
        • Marshall Islands
        • Martinique (France)
        • Mauritania
        • Mauritius
        • Mayotte (France)
        • Mexico
        • Moldov
        • Monaco
        • Mongolia
        • Montenegro
        • Montserrat (UK)
        • Morocco
        • Mozambique
        • Namibia
        • Nauru
        • Nepal
        • Netherlands
        • Nicaragua
        • Niger
        • Nigeria
        • North Korea
        • Northern Mariana Islands (USA)
        • Norway
        • Oman
        • Pakistan
        • Palau
        • Palestine
        • Panama
        • Paraguay
        • Peru
        • Philippines
        • Pitcairn Islands (UK)
        • Poland
        • Portugal
        • Puerto Rico
        • Qatar
        • Republic of the Congo
        • Reunion (France)
        • Romania
        • Russia
        • Rwanda
        • Saint Helena, Ascension and Tristan da Cunha (UK)
        • Saint Kitts and Nevis
        • Saint Lucia
        • Saint Martin (France)
        • Saint Pierre and Miquelon (France)
        • Saint Vincent and the Grenadines
        • San Marino
        • Sao Tom and Principe
        • Saudi Arabia
        • Senegal
        • Serbia
        • Seychelles
        • Sierra Leone
        • Singapore
        • Sint Maarten (Netherlands)
        • Slovakia
        • Slovenia
        • Solomon Islands
        • Somalia
        • South Korea
        • South Sudan
        • Spain
        • Sri Lanka
        • Sudan
        • Suriname
        • Svalbard and Jan Mayen (Norway)
        • Swaziland
        • Sweden
        • Switzerland
        • Syria
        • Taiwan
        • Tajikistan
        • Tanzania
        • Timor-Leste
        • Togo
        • Tonga
        • Trinidad and Tobago
        • Tunisia
        • Turkey
        • Turkmenistan
        • Turks and Caicos Islands (UK)
        • Tuvalu
        • Uganda
        • Ukraine
        • United Arab Emirates
        • United Kingdom
        • United States Virgin Islands (USA)
        • Uzbekistan
        • Vatican City
        • Venezuela
        • Wallis and Futuna (France)
        • Western Sahara
        • Yemen
        • Zambia
        • Zimbabwe

      2. 4.2.2  Estimated shipping times for international orders (Except UK & Canada)

        International orders are shipped with UPS. Subject to clauses 4.3 and 4.4 below, we estimate that it will take approximately 1 – 3 weeks from the date that your order is shipped for international orders to be delivered, depending on your location.

        International shipping is charged at a flat rate of $29.95. Delivery times are a guide only and OneTeaspoon accepts no responsibility for any loss or inconvenience suffered by customers due to any delays in delivery.

        See under heading 4.1.2 above for general delivery information.

        For more information or to track an order you have already placed with us call +61 2 9907 1144 or email online@oneteaspoon.com.au

      3. 4.2.3  Estimated shipping times for international orders (UK & Canada)

        International orders are shipped with UPS. Subject to clauses 4.3 and 4.4 below, we estimate that it will take approximately 1 – 2 weeks from the date that your order is shipped for international orders to be delivered, depending on your location.

        International shipping is charged at a flat rate of $19.95. Delivery times are a guide only and OneTeaspoon accepts no responsibility for any loss or inconvenience suffered by customers due to any delays in delivery.

        See under heading 4.1.2 above for general delivery information.

        For more information or to track an order you have already placed with us call +61 2 9907 1144 or email online@oneteaspoon.com.au

      4. 4.2.4  Customs and import duties

        All applicable customs and import duties and fees will be estimated and displayed at checkout - they will not be charged by OneTeaspoon. Some countries may require additional fees paid Collect on Delivery (COD). These fees are paid to the local carrier and are not collected by Australia.

        Customs authorities require that we state the value of your order directly on your order. Customs agents have the right to release or deny release of your order, and in unusual cases may delay delivery.

    3. 4.3  Sale periods

      During busy sale periods, dispatch times for orders may vary up to three weeks. We will post regular updates on shipping delays on the website.

    4. 4.4  Delivery delays

      OneTeaspoon is not liable for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to you or any other person that is caused by a change in the delivery timeframes set out above, or any delivery delays.


  5. 5.  Returns
    1. 5.1  Returns

      Subject to the exceptions below, if you are not happy with an item you have received, we will issue you with a store credit if you return the item to us in the manner set out below. Items cannot be exchanged. We do not provide refunds unless an item is faulty.

      Exceptions

      The following items cannot be returned unless they are faulty:

      - earrings, bodysuits, bodices and intimates (for hygiene reasons);

      - homewares

      Delivery Fees are not refundable.

      Return Process

      Returns for store credit will be processed free of charge. Original shipping charges are non-refundable. You will be issued store credit via email and is accessible via ‘MY ACCOUNT’

      1. 1.If you have an account, click here to log into your account.
      2. 2. If you don’t have an account and checked out as a guest, click here and enter your order number and last name to find your order.
      3. 3. Once you have found your order, click the "Return This Order" button
      4. 4. Select the order or item(s) you would like to return and indicate the reason for your return. Please note the above returns policies as your return may be rejected and returned to you and store credit not issued if your goods do not comply with the above return requirements.
      5. 5. Choose a return for store credit. Please note that original shipping charges are non-refundable.
      6. 6. Await notification as to whether your return has been authorised. You will receive email notification of this with further instructions on completing your return.
      7. 7. If your return has been authorised please send your parcel back to the address below following the same format. Please ensure that you either print a copy of your Return Authorisation email or clearly mark your parcel with your Return Authorisation Number so that we know the parcel is yours when we receive it. We suggest using a trackable shipping service to return your goods. We are not responsible for duties or taxes or any other fees when sending back to us.
      8. 8. You must return your items to the address below within 30 days from the day you received your package. Please write your order # on the outside of the package. You will receive your Store credit once your return has been processed and approved. This may take up to 7 days. Unfortunately we cannot refund duties, taxes or shipping charges.
      9.      
      10.     ONEXONETEASPOON RETURNS
      11.     7300 WESTSIDE AVE
      12.     NORTH BERGEN, NEW JERSEY 07047
      13.     USA

      Once we have received the item/s, we will issue a credit voucher if:

      1. (a) we receive the relevant item(s) within 30 days from the day you receive your order; and
      2. (b)the item is in its original condition, unworn, unwashed (including dry cleaning), with all labels, tickets and (to the extent possible) original packaging intact.
        1. (i) All footwear returns must include all tags and shoe bag in its original condition
        2. (ii) All swimwear returns must have hygiene liners still intact and hang tags attached.

      The store credit will be issued via email address used to place the order and is accessible via ‘My Account’. The store credit will be valid for 12 months from the date of issue for use on the Website.


  6. 6.  Liability and Indemnity
    1. 6.1  Necessary Authority

      If you make purchases using the Website you acknowledge and warrant to OneTeaspoon that:

      1. 6.1.1 you have the full capacity and authority to engage in the transactions you undertake;
      2. 6.1.2 you will be liable for all costs, fees, charges and other amounts which may become due to OneTeaspoon as a result of the use of the Website;
      3. 6.1.3 you are properly authorised to provide OneTeaspoon with any information which you provide to OneTeaspoon and that you are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to OneTeaspoon; and
      4. 6.1.4 all information you provide to OneTeaspoon is true and complete to the best of your knowledge.

      You must indemnify OneTeaspoon upon demand against the full amount (including legal costs on a solicitor and own client basis) of any costs, loss or damage suffered by OneTeaspoon as a result of a breach of any of these warranties.

    2. 6.2  No Exclusion of Australian Consumer Law

      OneTeaspoon acknowledges that under the Australian Consumer Law, certain conditions and warranties may be implied into these Online Shopping Terms and rights may be conferred upon you which cannot be excluded, restricted or modified. Nothing in these Online Shopping Terms, whether express or implied, shall be taken to exclude, restrict or modify any such non-excludable conditions, warranties or rights.

    3. 6.3  Limitation of Liability
      1. 6.3.1 Without limiting any other provision of these Online Shopping Terms, OneTeaspoon's liability to you is limited, at OneTeaspoon's option, to the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of acquiring equivalent goods.
      2. 6.3.2 You agree and acknowledge that OneTeaspoon accepts no liability or responsibility arising for any indirect or consequential loss (including without limitation for loss of profit, loss of opportunity and any form of economic loss), damage or expense of any kind or nature. You release and forever discharge OneTeaspoon from any such responsibility and liabilities and any claims, demands or causes of action in respect thereof.
      3. 6.3.3 OneTeaspoon accepts no liability for any loss, damage, cost or expense (including any indirect or consequential loss or damage) to you or any other person that is caused by inaccurate or complete personal information provided by you when signing up to the OneTeaspoon website or ordering products from us.
      4. 6.3.4 Any liability we have to you for loss or damage of any kind arising out of these Online Shopping Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

  7. 7.  Privacy
    1. 7.1 When you place an order, OneTeaspoon collects your personal information to process and deliver that order. We may also use your information to contact you with information about us and our products and services (including promotions, special offers and events). Your consent to receiving this information will remain current until you advise us otherwise, but you can opt out at any time by contacting us (details below).
    2. 7.2 Your personal information may also be disclosed to our service providers for these purposes (including our delivery providers, marketing agencies, website operators and information technology providers), but it is not likely to be disclosed to overseas recipients. If you don't provide the personal information requested, we will not be able to process your order.
    3. 7.3 Our Privacy Policy listed below explains:
      1. (a) how you may access and correct the personal information we hold about you; and
      2. (b) how you may complain about a breach of privacy and how we will deal with privacy complaints.
    4. 7.4 If you have any queries about privacy, please email us at online@oneteaspoon.com.au or call us on (02) 9907 1144 (for callers within Australia) or +61 2 9907 1144 (for callers outside Australia).

  8. 8.  Definitions & interpretation
    1. 8.1 In the Terms of Use, unless expressed or implied to the contrary: 
    2. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth). 
    3. Copyright Act means the Copyright Act 1968 (Cth).
    4. Delivery Fee means the fee charged for the delivery under clause 4 of the Online Shopping Terms. 
    5. Personal information has the meaning given in the Privacy Act.
    6. Privacy Act means the Privacy Act 1988 (Cth). 
    7. OneTeaspoon means Pink Factory Pty Ltd trading as OneTeaspoon (also referred to in these Terms of Use as 'we' and 'us'). 
    8. Terms of Use means our Website Terms, Online Shopping Terms, Privacy Policy and any additional terms and conditions and notices displayed by us on this Website from time to time. 
    9. Website Material means any information, content or materials that are located on, form part of or are available through or in connection with the Website. 
    10. Website means this website, located at the URL www.oneteaspoon.com.au. 
    11. You and your are references to the person accessing or using this Website.
    12. 8.2 In these Terms of Use:
      1. 8.2.1 the word 'includes' in any form is not a word of limitation; and
      2. 8.2.2 unless expressed or implied to the contrary a reference in the Terms of Use to:
        1. (a) a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them;
        2. (b) a person includes a firm, partnership, joint venture, association, corporation or other corporate body;
        3. (c) a person includes the legal personal representatives, successors and assigns of that person;
        4. (d) '$' or 'dollars' is a reference to US dollars;
        5. (e) the singular includes the plural and vice versa; and a gender includes the other genders.


PRIVACY POLICY

Updated 21 January 2014



  1. 1.  Background
    1. 1.1   General 
    2. Pink Factory Pty Ltd trading as OneTeaspoon (OneTeaspoon, we, us, our) is committed to protecting your personal information, in accordance with the Australian Privacy Principles in the Privacy Act, the Spam Act, the Do Not Call Register Act and applicable health privacy laws. 
    3. This Policy explains how we collect, use, disclose and otherwise handle personal information. By 'personal information' we mean information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable (for example, your name, email address and phone number). 
    4. A copy of this Privacy Policy is available on our website at www.oneteaspoon.com.au, or www.oneteaspoon.com (depending upon your location) or you can request a copy by contacting us (details under heading 10 below).

  2. 2.  What we collect
    1. 2.1  General

      The type of personal information that we collect about you depends on the dealings you have with us. For example, if you:

      • make an in-store purchase, we may collect your credit card details and purchase details
      • create an online account with us (which you must to do make an online purchase), we will collect your name, email address and password, and we may collect your phone number and address
      • make an online purchase, we will use your online account information and collect details of the order you place, shipping address, billing address (if different from shipping address), phone number, payment information and credit voucher details (if applicable)
      • sign up for our newsletter, we will collect your email address; name, and we may collect your phone number, address, age and sex
      • visit our stores or corporate premises, we may collect video and sound recordings of you through surveillance cameras
      • attend a OneTeaspoon function or event, we will collect your name, contact details and any dietary and/or accessibility requirements
      • enter a OneTeaspoon competition or promotion, we will collect your name, contact details and any other information you provide when submitting your entry
      • work for a supplier, we may collect details such as your name, job title, address, telephone number and email address
      • send us an enquiry or provide us with feedback, we may collect your name, contact details, details of your enquiry or feedback and information about our response
      • apply for a job with us, we will collect the information you include in your job application, including your cover letter, resume, contact details and referee details
    2. 2.2  Sensitive information

      We only collect sensitive information (such as health information) where it is reasonably necessary for our functions or activities and either you have consented, or we are required or authorised by law to do so.

    3. 2.3  Collection of information other than personal information through our website

      When you visit our website, some of the information that is collected about your visit is not personal information, as it does not reveal your identity.

    4. Site visit information 
    5. For example, we record your server address, the date and time of your visit, the pages you visited, any documents you downloaded, the previous site you visited and the type of device, browser and operating system you used. 
    6. We use and disclose this information in anonymous, aggregated form only, for purposes including statistical analysis and to help us identify the most effective areas of the website and improve the less popular ones. You are not individually identified, however we reserve the right to use or disclose this information to try to locate an individual where we reasonably believe that the individual may have engaged in any unlawful or inappropriate activity in connection with our website, or where we are otherwise required or authorised by law to do so. 
    7. Cookies 
    8. A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies we use do not identify individual users, although they do identify the user's internet browser. 
    9. We use cookies to hold anonymous session information. This information is used to personalise your current visit to the website, for example to allow the website to remember who you are. 
    10. Most internet browsers are set to accept cookies. If you prefer not to receive them, you can adjust your internet browser to reject cookies, or to notify you when they are being used. There are also software products available that can manage cookies for you. Rejecting cookies can, however, limit the functionality of our website.

  3. 3.  How we collect personal information
    1. 3.1  Methods of collection

      We collect personal information in a number of ways, including:

      • in person (for example, if you make an in-store purchase)
      • through our website (for example, if you sign up for our newsletter, create an online account or order items online)
      • through our social media pages
      • over the telephone
      • through written correspondence (such as letters, faxes and emails)
      • on hard copy forms (for example, competition entry forms)
      • through surveillance cameras (if you visit a store or our corporate premises)
    2. 3.2  Collection notices 
    3. Where we collect personal information about you, we will take reasonable steps to provide you with certain details about that collection (such as why we are collecting the information and who we may share it with). We will generally include this information in a collection notice. 
    4. Collection notices provide more specific information than this Privacy Policy. The terms of this Privacy Policy are subject to any specific provisions contained in collection notices and in the terms and conditions of particular offers, products and services. We encourage you to read those provisions carefully.

  4. 4.  Why we collect personal information
    1. 4.1  General

      The main purposes for which we collect, hold, use and disclose personal information are to:

      • process transactions for products or services, both in-store and online and to deliver products and services
      • operate our loyalty program
      • promote ourselves and our products and services, including through direct marketing, events, competitions and social media (see under heading 4.2 below)
      • procure products and services for our business
      • perform research and statistical analysis, including for marketing, customer satisfaction, product development and service improvement purposes
      • protect the security of our offices, stores, staff, customers and merchandise (including fraud and loss prevention)
      • answer queries and resolve complaints
      • recruit staff and contractors
    2. 4.2  Direct marketing and opting out

      We may use your personal information to let you know about us and our products and services (including promotions, special offers and events), either where we have your express or implied consent, or where we are otherwise permitted by law to do so. We may contact you for these purposes in a variety of ways, including by mail, email, SMS, telephone, social media or online advertising.

      Opting out 

    3. Where you have consented to receiving marketing communications from us, your consent will remain current until you advise us otherwise. However, you can opt out at any time, by:
      • contacting us (details under heading 10 below)
      • using the unsubscribe facility that we include in our electronic messages (such as emails, SMSes and MMSes)

  5. 5.  Who we may share your personal information with

    We may share your personal information with third parties where appropriate for the purposes set out under heading 4, including:

    • financial institutions for payment processing
    • referees whose details are provided to us by job applicants
    • prospective purchasers in the event of a proposed or actual sale of our business
    • our contracted service providers, including
      • - delivery and shipping providers
      • - information technology and data storage providers
      • - venues and event organisers
      • - marketing and communications agencies
      • - research and statistical analysis providers
      • - hard copy and electronic mail houses
      • - regulatory or government bodies to comply with laws
      • - external business advisers (such as recruitment advisors, accountants, auditors and lawyers)

      In each case, we may disclose personal information to the service provider and the service provider may in turn provide us with personal information collected from you in the course of providing the relevant products or services.


  6. 6.  Cross border disclosure of personal information

    We may disclose personal information to third parties located overseas in the following situations:

    • financial institutions for payment processing
    • our contracted service providers, including
      • - delivery and shipping providers
      • - information technology and data storage providers
      • - venues and event organisers
      • - marketing and communications agencies
      • - research and statistical analysis providers
      • - hard copy and electronic mail houses
      • - regulatory or government bodies to comply with laws
      • - external business advisers (such as recruitment advisors, accountants, auditors and lawyers)

      In each case, we will comply with the relevant requirements of the Privacy Act.


  7. 7.  Data quality and security
    1. 7.1  General

      We hold personal information in a number of ways, including in electronic databases, email contact lists, and in paper documents held in drawers and cabinets. Paper files may also be archived in boxes and stored offsite in secure facilities. We take reasonable steps to:

      • make sure that the personal information that we collect, use and disclose is accurate, up to date and complete and (in the case of use and disclosure) relevant;
      • protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure; and
      • destroy or permanently de-identify personal information that is no longer needed for any purpose permitted by the APPs.
    2. 7.2  Security 

    3. The steps we take to secure the personal information we hold include website protection measures (such as firewalls and anti-virus software), security restrictions on access to our computer systems (such as login and password protection), controlled access to our corporate premises and restriction of access to personal information on our systems to staff who need the information to perform their roles. 
    4. While we endeavour to protect the personal information and privacy of users of our website, we cannot guarantee the security of any information that you disclose online and you disclose that information at your own risk. If you are concerned about sending your information over the internet, you can contact us by telephone or post (details under heading 10 below). 
    5. If you have an online account with us, you can also help to protect the privacy of your personal information by maintaining the confidentiality of your password and by ensuring that you log out of the website when you have finished using it. In addition, if you become aware of any security breach, please let us know as soon as possible. 
    6. Third party websites 
    7. Links to third party websites that are not operated or controlled by us are provided for your convenience. We are not responsible for the privacy or security practices of those websites, which are not covered by this Privacy Policy. Third party websites should have their own privacy and security policies, which we encourage you to read before supplying any personal information to them.

  8. 8.  Access and Correction

    Please contact us (details under heading 10 below) if you would like to access or correct the personal information that we hold about you. We may require you to verify your identity before processing any access or correction requests, to make sure that the personal information we hold is properly protected.

    1. 8.1  Access

      We will generally provide you with access to your personal information, subject to some exceptions permitted by law. We will also generally provide access in the manner that you have requested (eg by providing photocopies or allowing a file to be viewed), provided it is reasonable and practicable for us to do so. We may charge a fee to cover our reasonable costs of locating the information and providing it to you. If you have an online account with us, you can also access your account information by logging into your account through our website.

    2. 8.2  Correction

      If you ask us to correct personal information that we hold about you, we will take reasonable steps to correct that information. If we refuse to correct personal information in the manner you have requested, you may ask us to associate your request with the information and we will take reasonable steps to do so.

    3. 8.3  Timeframe

      Except in the case of more complicated requests, we will endeavour to respond to access and correction requests within 30 days.


  9. 9.  Complaints 
  10. If you have a complaint about how we have collected or handled your personal information, please contact us (details under heading 10 below). 
  11. We will endeavour in the first instance to deal with your complaint and take any steps necessary to resolve the matter within a week. If we are not able to do so, we will ask you to submit your complaint in writing. 
  12. In most cases, we expect to investigate written complaints and provide a response within 30 days of receipt. If the matter is more complex and our investigation may take longer, we will contact you and tell you when we expect to provide our response. 
  13. If you are not satisfied with our response, you can refer your complaint to the Office of the Australian Information Commissioner (see here for further information).

  14. 10.  Our contact details 
  15. Please contact us if you have any queries about the personal information that we hold about you or the way we handle that personal information. Our contact details are set out below. 
  16. Mail:                     OneTeaspoon Privacy 
  17.                              8 Powells Road
  18.                              Brookvale NSW 2100 
  19.                              Australia 
  20. Email:                  online@oneteaspoon.com.au 
  21. Telephone:          (02) 9907 1144 (for callers within Australia) 
  22.                              +61 2 9907 1144 (for callers outside Australia)

  23. 11.  Changes to this Policy 
  24. We may amend this Privacy Policy from time to time. The current version will be posted on our website and a copy may be obtained by contacting us (details above).