Your rights under Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

This policy does not limit any non-excludable right you may have under the Australian Consumer Law or any other applicable law.

When this policy applies

This policy applies to all Brinelume orders unless we agree otherwise in writing.

If this policy is inconsistent with a more specific written quote, invoice, custom order agreement, private label agreement, wholesale agreement, project confirmation, artwork approval, written specification or freight agreement, the more specific written document applies to the extent of the inconsistency.

Nothing in any written document excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

Written approval may include approval by email, message, invoice payment, deposit payment, purchase order, artwork approval, sample approval, quote acceptance, production confirmation, project confirmation, checkout confirmation or another written instruction to proceed.

No general change-of-mind refunds

We do not generally accept returns, exchanges or refunds simply because you changed your mind.

This includes situations where you:

• changed your mind after placing the order;
• chose the wrong product, scent, blend, size, colour, packaging type, quantity, label option, shipping method or project option;
• no longer need the order;
• found a cheaper option elsewhere;
• do not like the scent, colour, botanical style, texture, salt appearance, packaging style or presentation, where the item matches the product description or approved written specification;
• ordered for a wedding, event, launch, market, promotion, gifting deadline or seasonal campaign without obtaining our written delivery commitment before ordering;
• ordered too much stock or did not sell through your stock;
• changed your branding, project direction, retail plan, gifting plan, event date, business requirements or destination-market requirements after confirming the order;
• selected customer-arranged freight, a freight forwarder, a China receiving address or an international shipping method that later became unsuitable; or
• assumed that a delivery estimate, sample, mockup, photo or discussion was a guarantee when we had not confirmed it as a guarantee in writing.

This change-of-mind exclusion does not apply where the product or service fails to meet a non-excludable consumer guarantee or other non-excludable legal obligation.

Hygiene and product condition

Brinelume products are bath, body and personal-care products. For hygiene and product safety reasons, we do not accept change-of-mind returns for products that have been opened, used, unsealed, handled excessively, tested, displayed, damaged, contaminated, exposed to moisture, repacked, relabelled, refilled, diluted, tampered with, removed from original packaging, or otherwise removed from original saleable condition.

For any approved discretionary change-of-mind return, the product must be unopened, unused, undamaged, uncontaminated, in its original packaging and in original saleable condition.

This hygiene-based exclusion does not apply where a return or remedy is required under the Australian Consumer Law or another applicable law.

Discretionary exchanges or Store Credit for standard-stock items

We may, acting reasonably, consider an exchange or Store Credit for unopened standard-stock items in original saleable condition.

A "standard-stock item" means a Brinelume item sold from our regular range that has not been customised, privately labelled, specially prepared, quote-based, made to order, backordered, imported specifically for you, or supplied for a special project.

This is a discretionary goodwill option only. It does not apply automatically and does not create a general right to change-of-mind returns.

Unless we agree otherwise in writing, discretionary change-of-mind exchanges or Store Credit are not available for:

• opened, used, unsealed or handled products;
• damaged, contaminated, moisture-exposed or unsaleable products;
• custom, private label, OEM/ODM, event, quote-based, special-preparation or made-to-order products;
• wholesale, bulk, distributor or resale orders;
• backordered, China-dispatched, imported, specially sourced or unavailable local-stock items;
• products with customer-supplied labels, artwork, branding, packaging or specifications;
• products purchased for events, deadlines, launches, markets, promotions or resale campaigns; or
• products returned without written return approval.

For discretionary change-of-mind returns, you are responsible for return shipping, redelivery, payment processing fees that cannot be recovered, customs charges, duties, taxes, inspection fees, storage fees, handling fees and other third-party charges, except to the extent a refund is required by law.

Natural product variation is not a fault

Many Brinelume products are made with natural or naturally derived ingredients, including Himalayan bath salt, dried botanicals, essential oils, clays, powders and other natural materials.

The following are normal and are not considered faults by themselves:

• natural variation in salt crystal size, tone, colour, shape or appearance;
• slight differences in botanical colour, placement, texture, size or visible quantity;
• slight batch-to-batch variation in natural essential oil scent;
• natural fading, settling or movement of botanicals, salts or powders;
• settling of salt, botanicals or powders during storage or transport;
• minor variation between product photos and the finished item caused by lighting, screen display, handmade preparation, natural materials, batch variation or packaging differences;
• packaging updates that do not materially reduce the product's function, safety or value;
• minor cosmetic differences that do not materially affect use, safety, compliance or value; and
• normal natural-material variation within the written product description or approved written specification.

If the item is materially different from the product description, unsafe, contaminated before delivery, incorrectly supplied, materially inconsistent with an approved written specification, damaged before delivery, or otherwise fails to meet an applicable non-excludable guarantee, please contact us so we can review the issue.

Faulty, damaged, incorrect or missing items

If you believe your order has arrived faulty, damaged, incorrect or incomplete, please contact us as soon as reasonably possible.

Email: brinelume@brinelume.com

Please provide the following information where reasonably available:

• your order number, invoice number or proof of purchase;
• your full name, business name if applicable, and contact details;
• a clear description of the issue;
• photos or videos of the product, inner packaging, outer carton, shipping label and any visible damage;
• the quantity affected;
• the date the order was delivered or received;
• any batch, label, SKU, carton, pallet, seal, barcode or product details available;
• for business, wholesale, private label, custom, event or bulk orders, how and when the issue was identified; and
• any carrier notes, proof of delivery, freight forwarder records or receiving records relevant to the issue.

Please keep the product, inner packaging, outer carton, shipping materials and affected goods until we have reviewed the issue. Do not dispose of the goods unless we ask you to, or unless disposal is reasonably necessary for safety reasons.

Failure to provide every item of evidence will not automatically prevent a valid claim. However, missing evidence may affect our ability to assess the issue, verify damage, confirm quantities, determine cause, preserve batch evidence, investigate production records, or make a carrier, freight, supplier or insurance claim.

We may need to assess the product before deciding the appropriate remedy. Depending on the issue, we may ask you to return the affected item, provide further photos, confirm receipt details, assist with a carrier or freight claim, provide additional information, or preserve the affected goods for inspection.

Returning products for assessment

Please do not send any product back without a written RMA or written return instructions from Brinelume.

"RMA" means return authorisation. Written return approval is approval for assessment only. It does not mean that a refund, exchange, replacement, Store Credit or other remedy has been approved.

If we approve a return for assessment, we will issue return instructions. Our instructions may include an RMA number, return deadline, packing requirements, evidence requirements, carrier requirements and the return address.

The return address will be nominated by Brinelume. Depending on the order type, product location, stock location, issue reported, quantity affected, freight arrangement and assessment requirements, the return address may be:

• our Adelaide assessment address;
• the original dispatch location;
• a China warehouse, supplier, manufacturer, factory or assessment location;
• a third-party warehouse, inspection facility or receiving location;
• a freight forwarder, consolidator or logistics provider nominated by us; or
• another return location reasonably nominated by Brinelume.

Our public business address is not a general returns address. You must not send pallets, bulk returns, multi-carton returns, leaking products, contaminated products, opened products, international returns or large-volume returns to our business address unless we have expressly nominated that address in writing for that return.

Unauthorised returns may be rejected, returned, held, redirected or disposed of where permitted by law, after reasonable notice where appropriate. We are not responsible for loss, damage, storage fees, redelivery fees or handling fees caused by an unauthorised return or by returning goods to the wrong address, except to the extent caused by Brinelume or required by law.

If we ask you to return an item, please pack it safely and hygienically to avoid further damage, leakage, contamination, moisture exposure or loss during return transit. You must include any RMA number, order number, invoice number, batch details or other return information requested by us.

For products that can be posted or easily returned, you are responsible for arranging and initially paying the return postage or return freight unless we agree otherwise in writing or the law requires otherwise. Please keep your postage, courier or freight receipt.

For large, heavy, fragile, bulk, palletised, high-volume, China-dispatched, wholesale, custom, private label, OEM/ODM or international orders, we may arrange collection, nominate a suitable assessment location, nominate a third-party receiving location, or provide other reasonable return instructions. Where a remedy is required by law, we will deal with return or collection costs in accordance with the Australian Consumer Law and any other applicable law.

For Australian consumer guarantee claims, we will not require you to bear unreasonable international return costs. If we confirm that the product has a fault or issue covered by consumer guarantees or another non-excludable legal obligation, we will provide an appropriate remedy and reimburse reasonable standard return postage or return freight costs where required by law.

For discretionary change-of-mind returns, customer-caused issues, customer-arranged freight issues, commercial returns where return costs are not required by law, incorrect address issues, refused deliveries, non-collection, customs failure, customer-supplied errors, misuse, incorrect storage, contamination after delivery or returns not required by law, you are responsible for return freight, redelivery, international freight, customs charges, duties, taxes, inspection fees, storage fees, handling fees and other third-party charges unless we agree otherwise in writing.

If, after assessment, we reasonably determine that the product does not have a fault or issue covered by consumer guarantees or another non-excludable legal obligation, or that the issue was caused by misuse, damage after delivery, incorrect storage, contamination after delivery, customer-arranged transport, freight handling, repacking, relabelling, display, resale handling, customer-supplied error, customer instructions or another matter outside Brinelume's responsibility, then we may:

• decline a refund, replacement, exchange or Store Credit;
• ask you to pay reasonable collection, return, redelivery, storage, inspection or handling costs;
• return the product to you at your cost where reasonable and lawful; or
• reject a discretionary return if the product is opened, used, damaged, contaminated, moisture-exposed, altered, unsaleable or not in original saleable condition.

Where we intend to charge collection, inspection, storage or handling costs, we will provide a reasonable estimate before those costs are incurred where required by law.

Fees, postage, redelivery, inspection, storage or handling costs will not be charged or deducted where doing so would be inconsistent with the Australian Consumer Law or any other applicable law.

Approved remedies and refund method

Where a remedy is approved, the remedy will depend on the issue, the affected product, the affected quantity, the type of order, whether the issue is major or minor, whether the goods or services were supplied to a consumer for the purposes of the Australian Consumer Law, and what remedy is required or permitted by law.

Possible remedies may include:

• replacement of the affected item;
• resupply of the affected item;
• correction of a label, pack, document or missing component;
• repair or rectification where practical;
• refund of the affected item or affected part of the order;
• Store Credit for the affected item or affected part of the order;
• compensation for reduced value where required by law; or
• another remedy agreed in writing.

Where only part of an order is affected, any remedy will generally apply only to the affected item, affected quantity or affected part of the order, unless the issue affects the order as a whole or a broader remedy is required by law.

Where a cash refund is required by law, we will not require you to accept Store Credit instead, unless you agree or the original payment was made using Store Credit, Project Voucher, membership reward, loyalty credit, promotional credit or another non-cash payment method.

Where a refund is approved, we will usually refund using the original payment method unless you and we agree otherwise, or unless the original payment was made using Store Credit, Project Voucher, loyalty credit, promotional credit or another non-cash payment method.

Refunds may take time to appear depending on your bank, card provider, payment platform or payment method.

For approved refunds, the refund amount will be calculated based on the affected item or affected part of the order. Where required by law, related shipping charges will be refunded or adjusted appropriately.

For change-of-mind, customer-caused issues, incorrect address, refusal, non-collection, customs failure, buyer's remorse, resale failure, event cancellation, business plan change, customer-supplied error or customer-arranged freight issues, shipping charges, international freight, duties, taxes, customs fees, inspection fees, storage fees, payment processing fees and third-party charges are not refundable unless we agree otherwise in writing or a refund is required by law.

Orders not yet dispatched

If you need to change or cancel an order, contact us immediately.

Email: brinelume@brinelume.com

We will try to help where practical, but we cannot guarantee changes or cancellation once the order has been accepted, prepared, packed, customised, produced, allocated to stock, labelled, sampled, designed, booked with a carrier, handed to a freight provider, or otherwise started.

For standard ready-to-ship items, if we approve cancellation before preparation or dispatch, we may refund the product amount paid, less any reasonable non-recoverable fees or costs where permitted by law.

For larger, backordered, wholesale, custom, private label, event, sample, design, quote-based, special-preparation, OEM or ODM orders, cancellation may not be available once work has started.

If we agree to cancel after work has started, we may deduct or charge reasonable costs already incurred or reasonably committed, including product preparation, packaging, labels, artwork, design work, mockups, samples, materials, production, labour, freight booking, storage, payment processing fees and other non-recoverable third-party costs.

Any deposit, setup fee, artwork fee, sample fee, production commencement payment, project booking fee or special-preparation payment may be non-refundable once work has started, except to the extent a refund is required by law. Any non-refundable amount is intended to reflect reasonable costs, losses, commitments or resources already incurred or reasonably expected to be incurred by us, and is not intended to operate as a penalty.

Backordered, China-dispatched and special-preparation orders

Some Brinelume orders are not held in local Adelaide stock and may be prepared, produced, packed or dispatched from China or another location. Larger, wholesale, private label, custom, backordered or unavailable local-stock items may require extra preparation time, packing, freight coordination or international transport.

If your order requires a separate shipping quote and you do not pay the selected shipping option, provide a valid freight forwarder, provide required delivery details, provide a valid receiving address, or respond to our shipping request within a reasonable time, we may place the order on hold.

If the order has not been prepared, allocated, customised or produced, we may cancel and refund the recoverable amount.

If work has already started or costs have already been incurred, we may deduct reasonable non-recoverable costs before refunding any remaining amount, where permitted by law.

If you need the order for a wedding, event, product launch, gifting deadline, market, retail promotion, seasonal campaign or other fixed date, you must contact us before ordering and obtain our written delivery commitment. Delivery estimates are not guarantees unless we have expressly confirmed a delivery commitment in writing.

If we are unable to supply the affected goods within a reasonable time, we will offer an appropriate solution, which may include continuing with the order, changing the shipping method, replacement, cancellation, refund of affected items or another reasonable solution, as required by law.

Shipping delays, lost parcels and delivery issues

Please contact us if your order appears significantly delayed, missing, damaged on delivery or affected by a delivery issue.

For this policy, "Brinelume-arranged shipping" means shipping where Brinelume selects or engages the courier, carrier or freight provider to deliver the order to your final delivery address, unless a written quote, invoice, freight confirmation or order confirmation states that the shipment is customer-arranged freight, customer-nominated freight, or Brinelume freight assistance only.

For Brinelume-arranged shipping, if there is a significant delay, non-delivery, loss or damage before delivery, we may ask the courier, carrier or freight provider to investigate. We may need a reasonable opportunity to obtain carrier records, delivery evidence, inspection notes or insurance information before deciding the final remedy. However, we will not unreasonably delay any remedy required by the Australian Consumer Law or any other applicable law.

If the carrier confirms that a Brinelume-arranged shipment is lost before delivery, or if we are unable to supply the order within a reasonable time, we will provide an appropriate solution, which may include replacement, resupply, refund of affected items, adjusted shipping or another remedy required or permitted by law.

If goods sent by Brinelume-arranged shipping arrive damaged and the damage occurred before delivery, we will provide any remedy required by law. Depending on the circumstances, this may include replacement, resupply, refund of affected items, repair or rectification where practical, compensation for reduced value where required by law, adjusted shipping, or another appropriate remedy.

Any investigation, claim or reimbursement process between Brinelume and the courier, carrier, freight provider, supplier or insurer does not remove any non-excludable rights you may have under the Australian Consumer Law or any other applicable law.

For Brinelume-arranged shipping, freight risk generally passes on delivery to the nominated delivery address, nominated authority-to-leave location, parcel locker, collection point, receiving person, building reception, nominated warehouse, nominated freight forwarder or other delivery point provided by you, as shown by reasonable delivery evidence, except to the extent caused by Brinelume or where the law requires otherwise.

Reasonable delivery evidence may include tracking records, GPS delivery record, delivery photo, signature, carrier scan, proof of delivery, authority-to-leave record, warehouse receipt, receiving code, customer confirmation or other reasonable evidence of delivery.

Please check all delivery details carefully before placing an order.

Brinelume is not responsible for delay, loss, extra freight, storage, redelivery, return freight, customs charges or failed delivery caused by incorrect, incomplete or outdated delivery information supplied by you, failure to provide required delivery details, unsafe delivery instructions, unavailable recipients, refusal, non-collection, unpaid duties or taxes, failure to provide customs documents, or failure to cooperate with delivery or customs requirements, except to the extent caused by Brinelume or required by law.

If an order is returned to us because of incorrect details, failed delivery, refusal, non-collection, unpaid duties or taxes, failure to provide customs documents, or failure to cooperate with delivery or customs requirements, we may ask you to pay any reasonable redelivery, return, storage, customs, inspection, carrier or handling costs before the order is resent.

If the goods cannot be returned to us, are abandoned, destroyed, disposed of, seized, damaged in transit back to us, or become unsaleable because of circumstances outside our control, a refund may not be available except where required by law.

For business, wholesale, custom, private label, event and OEM/ODM orders, refusal, non-collection or failure to clear customs does not cancel your payment obligation for goods that have been produced, prepared, customised, packed, labelled, specially sourced or dispatched.

Customer-arranged freight forwarders

If you choose to use your own freight forwarder, shipping agent, warehouse, consolidator or receiving address in China or another location, you are responsible for giving us complete and accurate recipient details, including recipient name, phone number, address, freight forwarder details, warehouse code, delivery instructions, receiving hours and any required receiving information.

If you choose your own freight forwarder, shipping agent, warehouse, consolidator or receiving address, risk for onward freight, customs clearance, import charges, storage, delay, loss, damage and final delivery passes to you once the order is delivered to your nominated receiving address or made available to your nominated carrier, unless the issue was caused by Brinelume or the product fails to meet a non-excludable consumer guarantee or other non-excludable legal obligation.

Once the order has been delivered to your nominated freight forwarder, shipping agent, warehouse, consolidator or receiving address, any onward international freight, customs clearance, import documentation, duties, taxes, insurance, storage, damage, delay, loss, abandonment, seizure, disposal or final delivery issue is between you and your chosen freight provider, unless the issue was caused by Brinelume or by a product issue covered by applicable law.

We strongly recommend arranging suitable freight insurance for larger, international, wholesale, private label, custom or higher-value orders.

If your freight forwarder refuses delivery, fails to receive the goods, loses the goods, damages the goods, delays the goods, changes the delivery route, fails to export the goods, fails to provide documents, or fails to complete customs clearance, Brinelume is not responsible for the resulting loss unless caused by Brinelume or required by law.

Brinelume-assisted international shipping

If Brinelume assists with international shipping, we will provide available shipping options and pricing where possible. International freight prices, transit times and carrier availability may vary.

Brinelume may assist with freight coordination as a convenience to customers. Freight assistance may include obtaining indicative freight options, forwarding freight quotes, introducing a freight provider, communicating delivery details, helping coordinate pickup or delivery, sharing packing information, assisting with booking steps, or helping provide dispatch documents.

Unless your written quote, invoice, freight confirmation or order confirmation expressly states "Brinelume-arranged shipping to final delivery address", Brinelume freight assistance is administrative assistance only. It does not make Brinelume the freight provider, customs broker, insurer, importer of record, export agent or final-delivery carrier.

If you select, approve or authorise a freight provider, shipping method, freight forwarder, warehouse, consolidator or receiving address, that provider or receiving point is treated as your nominated freight provider or nominated receiving point, even if Brinelume helps coordinate the booking, forwards information, introduces the provider, communicates with the provider or assists with dispatch communication.

If the shipment is Brinelume-arranged shipping to your final delivery address, Section 12 applies to loss, damage or non-delivery before delivery.

If the shipment is customer-arranged freight, customer-nominated freight or Brinelume freight assistance only, Section 13 applies to onward freight risk after delivery or handover to your nominated receiving address, freight forwarder, warehouse, consolidator, carrier or shipping agent, unless the issue was caused by Brinelume or required by law.

Delivery timeframes are estimates only unless expressly confirmed in writing as a guaranteed delivery commitment. Delays may occur due to freight schedules, customs clearance, quarantine or inspection, port congestion, weather, public holidays, carrier issues, incorrect delivery details, import restrictions, destination country requirements or other circumstances outside our direct control.

Unless expressly included in your written shipping quote, you are responsible for customs duties, GST, VAT, import taxes, inspection fees, quarantine fees, port charges, storage fees, redelivery fees, insurance, local destination charges, customs broker fees and other import-related costs.

If a shipment is delayed, held, returned, abandoned, seized or disposed of because you did not provide required information, did not pay duties or taxes, refused delivery, gave incorrect details, failed to clear customs, failed to provide import documents, failed to provide freight confirmation, failed to arrange insurance, or did not cooperate with the carrier or customs authority, we may deduct or charge any resulting reasonable costs, including return freight, storage, customs fees, inspection fees, carrier fees, handling costs and non-recoverable product costs, where permitted by law.

Brinelume does not guarantee that a product can be lawfully imported, labelled, marketed, sold, advertised, stored, distributed or used in your destination country unless we expressly agree in writing to provide destination-market compliance services.

Business, wholesale, trade and resale orders

You may buy Brinelume products for business, wholesale, trade, private label, custom, event, OEM/ODM, distribution, resale or other commercial purposes.

A commercial order is identified by the nature, purpose and circumstances of the order, not only by the dollar value of the order.

If you buy for business use, you may still have rights under the Australian Consumer Law in some circumstances. Broadly, this can include goods or services within the ACL consumer threshold, currently $100,000 including GST, or goods or services commonly bought for personal, domestic or household use. However, consumer guarantees may not apply to goods purchased for resupply, resale, transformation, production, manufacturing, repair, treatment of other goods, or other excluded purposes.

Where consumer guarantees apply, this policy does not limit them. Where consumer guarantees do not apply, or where liability may lawfully be limited, our liability is limited as set out in this policy and any applicable written agreement.

Unless otherwise agreed in writing, business, wholesale, trade, private label, custom, event, OEM/ODM, distributor and reseller orders are supplied for commercial purposes.

You are responsible for confirming that the products, packaging, quantities, scents, labels, claims, carton configuration, shipping method, delivery timing, storage method and destination-market requirements are suitable for your business needs before ordering.

Brinelume does not guarantee:

• resale performance;
• sell-through rates;
• retail margins;
• customer demand;
• platform approval;
• marketplace acceptance;
• event sales;
• promotional outcomes;
• product launch success;
• compatibility with your retail fixtures, shelves, boxes, inserts, gift packaging or third-party packaging;
• compliance with laws outside Australia, unless expressly agreed in writing;
• approval by a marketplace, platform, customs authority, retailer, distributor or regulator; or
• any outcome based on your own advertising, labels, claims, pricing, bundling, storage, display, customer service or resale policies.

If you are a reseller, distributor, retailer, spa, hotel, event business, gift business, marketplace seller or private label customer, you are responsible for your own customer-facing terms, consumer law obligations, product descriptions, claims, advertising, storage, display, handling, resale price, promotions, customer complaints and customer returns.

Brinelume will assess claims from business and wholesale customers based on the goods and services supplied by Brinelume to that customer. We are not responsible for a reseller's voluntary refund policy, discounting, markdowns, customer goodwill payments, lost retail sales, lost profits, lost resale margin, event losses, launch delays, marketplace suspensions or downstream customer arrangements, except to the extent required by law or agreed in writing.

Inspection period for business, wholesale and commercial orders

For business, wholesale, trade, custom, private label, OEM/ODM, event, bulk, distributor or resale orders, you must inspect the goods promptly on delivery or collection.

Unless a longer period is required by law or agreed in writing, you should notify us of any apparent shortage, visible damage, incorrect item, labelling issue, carton issue, production issue, packaging issue or other apparent problem within 7 business days of delivery or collection.

For issues that could not reasonably have been identified during initial inspection, you must notify us as soon as reasonably possible after becoming aware of the issue.

This inspection period does not limit any non-excludable rights you may have under applicable law. However, delayed notification may affect our ability to verify the issue, confirm quantities, investigate production records, preserve evidence, arrange correction, or make a freight, carrier, insurance or supplier claim.

If you resell, distribute, gift, repackage, relabel, display, open, test, split, decant, bundle or use the goods before inspecting them, you accept the risk that some remedies may become unavailable or reduced where the issue could reasonably have been identified earlier and the delay, alteration or onward supply has caused additional loss, uncertainty, contamination risk, evidence loss or inability to verify the issue.

Custom, private label, event and OEM/ODM orders

Custom, private label, wholesale, event, sample, design, quote-based, special-preparation and OEM/ODM orders are prepared for a specific customer, quantity, artwork, label, packaging direction, formula direction, scent direction, project purpose, receiving address or freight arrangement.

These orders are not eligible for change-of-mind returns, exchanges or refunds once approved, confirmed, prepared, produced, customised, packed, labelled, sampled, booked for freight or otherwise started.

You are responsible for checking all artwork, spelling, logo files, label copy, barcode details, ingredient text supplied by you, language, colour direction, size, scent, quantity, packaging selection, project details, compliance requirements and delivery details before approval.

Once a design file, label, sample, mockup, quote, invoice, production confirmation or written specification is approved, later changes may be treated as new work and may incur additional charges.

Samples, mockups, photos and prototypes are guides only unless we expressly agree in writing that a particular detail is an exact specification. Natural, handmade, material, packaging and batch variation may still occur unless the written specification states otherwise.

If a sample or production item does not match the approved written specification because of Brinelume's error, we will review and correct the issue where appropriate.

If the issue comes from customer-supplied details, approved artwork, spelling errors approved by you, late changes, unclear instructions, incorrect assumptions, customer label claims, customer compliance requirements, customer-selected freight, freight handling after delivery to a customer-appointed forwarder, use outside the agreed purpose, or resale-market requirements not disclosed and accepted by us in writing, you are responsible for the resulting costs.

Brinelume may provide ingredient information, label support, product information or packaging suggestions where agreed. Unless expressly agreed in writing, we do not act as your legal, regulatory, import, cosmetic compliance, therapeutic goods, customs, marketplace or destination-market adviser.

Nothing in this section limits any non-excludable rights under applicable law.

Customer-supplied materials and approvals

If you supply artwork, label copy, logos, barcodes, QR codes, translations, claims, warnings, ingredient descriptions, business details, website links, social media handles, product names, packaging text, compliance wording or marketing materials, you are responsible for ensuring they are accurate, lawful, authorised and suitable for your intended market.

You warrant that customer-supplied materials do not infringe any third-party intellectual property rights, consumer law, labelling law, therapeutic goods law, advertising law, privacy law or platform requirement.

We may reject or pause work on customer-supplied materials if we reasonably believe they are unclear, incomplete, unlawful, misleading, inappropriate, infringing, unsafe or unsuitable for production. Any resulting delay, correction cost or restart cost caused by customer-supplied materials is your responsibility, except to the extent caused by Brinelume or required by law.

Approval of artwork, labels, mockups, samples, specifications or production details is final for the approved stage. Later changes may require new work, new materials, new production time, new freight arrangements and additional charges.

Product claims, labels and compliance

Brinelume takes care to describe its products accurately. However, natural bath, body and personal-care products are not medical or therapeutic products unless expressly stated and lawfully approved.

You must not use Brinelume products, product descriptions, ingredient information, photos, samples, packaging or private label materials to make claims that are false, misleading, therapeutic, medical, regulatory-sensitive or unsupported.

You must not make therapeutic, medical, healing, treatment, disease, pain-relief, mental health, sleep, anxiety, eczema, inflammation or other regulated claims about Brinelume products unless those claims are lawful, approved where required, and authorised by Brinelume in writing.

For private label, wholesale, reseller, distributor, export or overseas-market orders, you are responsible for checking whether the products, ingredients, labels, warnings, claims, language, packaging and import documents comply with the laws of the country, state, platform, marketplace or retail channel where you sell or use the products, unless we expressly agree in writing to provide that service.

Hygiene, product safety and use instructions

Please follow all product care and safety instructions.

Unless expressly stated otherwise, Brinelume products are for external use only. Avoid contact with eyes. Keep products away from children and pets. Do not ingest. Store products in a cool, dry place. Avoid use on broken, irritated or sensitive skin unless suitable for you. Discontinue use if irritation occurs.

We are not responsible for issues caused by misuse, incorrect storage, contamination after delivery, failure to follow instructions, using the product for an unintended purpose, using the product after contamination, using the product despite known allergies or sensitivities, or combining the product with other products or ingredients without our written approval, except to the extent required by law.

If you buy for business, wholesale or private label purposes, you are responsible for ensuring that your staff, contractors, retailers, customers and end users receive appropriate safety, use, storage and warning information.

If we become aware of a genuine safety concern, recall issue or mandatory reporting issue, we may take steps required or appropriate under applicable product safety laws, including contacting affected customers, requesting product isolation, requesting evidence, arranging return, replacement, disposal or other corrective action where required.

Limitation of liability for commercial orders

This section applies to business, wholesale, trade, custom, private label, event, resale, OEM/ODM, distributor and other commercial orders to the maximum extent permitted by law.

Nothing in this section limits any liability that cannot lawfully be excluded, restricted or modified, including liability arising from non-excludable consumer guarantees, fraud, intentional misconduct, or any other liability that cannot be excluded under applicable law.

Where the Australian Consumer Law consumer guarantees do not apply, Brinelume's liability is limited to the amount paid for the affected goods or affected part of the order, to the maximum extent permitted by law.

Where the Australian Consumer Law applies and permits liability to be limited for goods or services not ordinarily acquired for personal, domestic or household use, and where it is fair and reasonable for us to rely on that limitation, Brinelume's liability is limited, at our option and to the extent permitted by law, to one or more of the following:

For goods:

• replacement of the goods;
• supply of equivalent goods;
• repair of the goods;
• payment of the cost of replacing the goods or acquiring equivalent goods; or
• payment of the cost of having the goods repaired.

For services:

• resupply of the services; or
• payment of the cost of having the services supplied again.

To the maximum extent permitted by law, Brinelume is not liable for indirect, special, incidental or consequential loss, including loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, lost resale margin, event loss, launch delay, marketplace suspension, customer goodwill payments, voluntary customer refunds, markdowns, promotional losses, third-party claims arising from customer-supplied materials, customer advertising claims, customer labels, customer instructions, or loss caused by freight providers, customs authorities or destination-country restrictions.

This limitation does not exclude compensation for reasonably foreseeable loss or damage to the extent that compensation is required under the Australian Consumer Law or another applicable law.

Each limitation in this policy is intended to apply only to the extent reasonably necessary to protect Brinelume's legitimate business interests, including hygiene, product safety, evidence preservation, fraud prevention, fair allocation of freight risk, production cost recovery, compliance management, and protection against customer-caused or downstream commercial losses.

Store Credit, Project Voucher and membership adjustments

If an order is refunded, cancelled, reversed, adjusted, returned or found to be ineligible, any related eligible spend, Store Credit, Project Voucher, referral reward, tier progress, upgrade reward or membership record may be adjusted, reversed or corrected.

Store Credit and Project Vouchers issued under the Brinelume membership program are loyalty or promotional benefits and are not purchased gift cards, unless expressly stated otherwise. They are not redeemable for cash, except where required by law.

Purchased gift cards, if offered, are governed by separate gift card terms and applicable gift card laws. Promotional Store Credit, Project Vouchers, referral rewards, loyalty credits and membership benefits are not purchased gift cards unless expressly stated.

If Store Credit, Project Voucher, referral reward, loyalty credit, promotional credit or membership benefit was used to pay for an order, the relevant amount may be returned as Store Credit, Project Voucher, loyalty credit or membership benefit rather than cash, unless otherwise required by law.

If a refund creates a negative wallet balance or reverses a reward that has already been used, we may adjust future rewards, wallet balances, membership records or account benefits to correct the account.

Expiry dates, conditions and restrictions for Store Credit, Project Voucher and membership benefits will be set out in the Membership Rules or in the offer that issued the benefit.

Records, privacy, fraud prevention and misuse

We may keep records of orders, claims, photos, correspondence, refund requests, returns, batches, invoices, freight details, approvals, account activity and membership adjustments for business, quality, legal, compliance, product safety and fraud-prevention purposes.

We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

We may refuse, suspend or limit service where we reasonably believe you have misused our returns process, provided false information, made repeated unsubstantiated claims, engaged in abusive conduct, attempted to return used or contaminated products as new, made fraudulent chargebacks, or otherwise acted dishonestly.

This does not limit any non-excludable rights you may have under applicable law.

Chargebacks and payment disputes

If you have a concern with your order, please contact us first so we can review the issue.

If you start a chargeback, payment dispute or payment reversal, we may provide the payment provider with order records, delivery records, correspondence, product evidence, policy terms and other relevant information.

Starting a chargeback or payment dispute does not remove any non-excludable rights you may have. However, we may pause duplicate refund processing while the payment provider reviews the dispute, unless doing so would be inconsistent with applicable law.

If a chargeback or payment dispute is found to be invalid, mistaken or inconsistent with this policy, we may seek recovery of chargeback fees, payment provider fees, administrative costs, product costs, freight costs and other amounts where permitted by law.

Written commitments

Delivery commitments, compliance commitments, product specifications, custom requirements, private label requirements, freight arrangements, cancellation rights, refund approvals and special project terms are only binding if confirmed by Brinelume in writing.

General discussions, estimates, samples, mockups, social media content, carrier timeframes or informal messages do not override this policy or a written quote, invoice, specification, approval or agreement.

Product pages, product descriptions and approved written specifications remain important. This section does not allow us to avoid any product description, representation or written specification that applies under the Australian Consumer Law or another applicable law.

Nothing in this section limits any non-excludable rights under applicable law.

Severability and lawful interpretation

If any part of this policy is found to be invalid, unlawful, void or unenforceable, that part will apply only to the maximum extent permitted by law, or will be severed if necessary.

The remaining parts of this policy will continue to apply.

This policy must be interpreted in a way that is consistent with the Australian Consumer Law and any other applicable non-excludable legal rights.

Governing law

To the maximum extent permitted by law, this policy is governed by the laws of South Australia, Australia.

Nothing in this section limits any non-excludable rights you may have under the Australian Consumer Law or any other applicable law.

How to contact us

For returns, refunds, shipping issues or order support, please contact:

Email: brinelume@brinelume.com

Phone: +61 449 599 415

Website: brinelume.com/contact

Return address: provided with written return instructions or RMA where a return is approved for assessment.

Please include your order number, invoice number or proof of purchase and as much information as possible so we can assess your request promptly.