Terms And Conditions

Terms and Conditions

Last updated: 11 October 2026

Important information: please read first

These Terms and Conditions form a legally binding agreement between you and OUDRAQY (ABN 12 048 410 328). By using this Website or placing an Order, you agree to them. The points below summarise the terms most likely to affect you. They do not replace the full Terms.

Your statutory rights are preserved. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
Patch test before use. Perfume oils can cause skin irritation or allergic reactions in some people. You must carry out a patch test before first using any Product (clause 11).
External use only. Our Products are cosmetic fragrances. They are not medicines, must not be swallowed and are not intended to treat any condition (clauses 10 and 11).
Not every Product is natural. Our range includes wholly natural Products, blends of natural and synthetic aroma compounds, and wholly synthetic Products. Products outside our Natural range contain, or may contain, synthetic aroma compounds. Product names and scent notes describe how a Product smells and are not a list of ingredients (clause 10).
Natural variation. Natural materials vary between batches in colour, thickness and scent. Scent and longevity also differ from person to person (clause 9).
Your health is your responsibility. You are best placed to know your own allergies and sensitivities. Our liability for adverse reactions is limited to the extent the law allows (clause 12).
Change-of-mind returns. We offer a voluntary 7-day change-of-mind return on eligible Products that have been opened only to smell and have not been used. Samples and personalised items are excluded (clause 18).
Delivery. Risk in the Products passes to you on delivery to your nominated address. Please choose a secure address (clauses 14 to 16).
Privacy and security. We handle your personal information in accordance with Australian privacy law and take reasonable steps to protect it. No online system is completely secure (clauses 21 and 22).
Limits on our liability. Our liability is excluded and limited to the maximum extent the law permits (Part H).

Part A: Introduction

1. About these Terms

1.1 The website at oudraqy.com.au (Website) is operated by OUDRAQY (ABN 12 048 410 328), an Australian business based in New South Wales (OUDRAQY, we, us or our).

1.2 These Terms and Conditions (Terms) govern your access to and use of the Website, and every Order for Products that you place with us, whether through the Website or by email, telephone, social media, messaging service or any other means.

1.3 Our Privacy Policy and our Shipping and Refund Policy, as published on the Website from time to time, form part of these Terms. If there is any inconsistency between those policies and these Terms, these Terms prevail to the extent of the inconsistency.

1.4 By accessing the Website, creating an account or placing an Order, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or place an Order. When you place an Order through the standard checkout, you will be asked to tick a box confirming that you accept these Terms. If you pay using an express payment button (such as Apple Pay, Google Pay or PayPal), a notice displayed on the same page as that button tells you that paying in that way is your acceptance of these Terms.

1.5 We recommend that you print or save a copy of these Terms for your records each time you place an Order.

2. Definitions and interpretation

2.1 In these Terms, unless the context requires otherwise:

Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State and Territory fair trading legislation.

Business Day means a day that is not a Saturday, a Sunday or a public holiday in New South Wales.

Consumer has the meaning given in section 3 of the ACL.

Consumer Guarantees means the guarantees set out in Division 1 of Part 3-2 of the ACL.

Loss means any loss, damage, liability, cost, charge, expense, claim, demand, action or proceeding of any kind, however arising, including in contract, tort (including negligence), under statute or otherwise.

Non-Excludable Rights has the meaning given in clause 29.1.

Order means a request by you to purchase one or more Products from us.

Product means any attar, oud oil, perfume oil, fragrance, sample, accessory, gift card or other item that we offer for sale or supply.

Wholesale Customer means a person who acquires Products from us for the purpose of resupply, including a stockist, retailer or distributor, or whom we have approved in writing as a wholesale or trade customer.

you or your means the person accessing the Website or placing an Order and, where that person acts on behalf of a business or another person, that business or other person.

2.2 In these Terms: headings are for convenience only and do not affect interpretation; the singular includes the plural and the reverse; the words “including” and “such as” are not words of limitation; a reference to legislation includes that legislation as amended or replaced; and a reference to dollars or $ is to Australian dollars.

3. Eligibility

3.1 You must be at least 18 years of age to place an Order. If you are under 18, you may use the Website and the Products only with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms and to be responsible for your use of the Website and the Products.

3.2 By placing an Order, you warrant that:

(a) you have the legal capacity to enter into a binding contract;

(b) all information you provide to us is true, accurate, current and complete;

(d) you are purchasing the Products for personal, domestic or household use and not for resale, unless we have approved you in writing as a Wholesale Customer.

4. Changes to these Terms

4.1 We may amend these Terms from time to time by publishing an updated version on the Website. The date of the latest update appears at the top of these Terms.

4.2 Amended Terms apply to your use of the Website, and to any Order you place, after the date they are published. Each Order is governed by the version of these Terms in force when that Order was placed. We keep copies of earlier versions and will give you the version that applied to your Order on request.

4.3 You are responsible for reviewing these Terms each time you use the Website or place an Order.

Part B: Accounts, Orders and payment

5. Accounts

5.1 You may need to create an account to use certain features of the Website. You must provide accurate details and keep them up to date.

5.2 You must keep your login details confidential and use a strong password that you do not use elsewhere. You are responsible for all activity that occurs under your account, except to the extent that it results from our failure to take reasonable care.

5.3 You must notify us immediately at support@oudraqy.com.au if you suspect any unauthorised access to or use of your account.

5.4 We may suspend or close your account, and decline further Orders, if we reasonably believe that you have breached these Terms, provided false information, engaged in fraudulent or abusive conduct, or misused the chargeback process.

5.5 You may ask us to close your account at any time by contacting us.

6. Orders

6.1 The display of Products on the Website is an invitation to treat and not an offer to sell.

6.2 Each Order you place is an offer by you to purchase the Products on these Terms.

6.3 An automated order confirmation acknowledges receipt of your Order only. A binding contract is formed when we dispatch the Products to you or otherwise confirm in writing that we have accepted your Order, whichever occurs first.

6.4 At any time before dispatch, we may decline or cancel all or part of an Order where we have reasonable grounds to do so, including where:

(a) a Product is unavailable or has been discontinued;

(b) there is an error in the price, description or availability of a Product;

(d) the delivery address cannot be serviced;

(e) the Order exceeds any quantity limit we apply;

(f) we reasonably suspect that the Products are being acquired for resale without our approval; or

(g) you have breached these Terms.

6.5 If we decline or cancel an Order under clause 6.4, we will notify you and refund in full any amount you have paid for the cancelled Products. To the maximum extent permitted by law, that refund is our sole liability to you in respect of the cancellation.

6.6 You may ask us to cancel an Order by emailing support@oudraqy.com.au. If we have not yet packed the Order when we read your request, we will cancel it and refund you in full. If we have already packed or dispatched it, Part E applies.

6.7 All Products are subject to availability. We may limit the quantity of any Product that may be purchased per Order, per person or per household, and may discontinue any Product at any time.

6.8 Unless you are an approved Wholesale Customer, Products are supplied for personal, domestic or household use only. You must not resell the Products in the course of a business, or repackage, relabel or decant them for sale, without our prior written consent.

6.9 If we agree to supply a personalised, custom-made or special-order Product, we begin preparing it once we accept your Order. Subject to clause 29, a special order cannot be cancelled after preparation has begun.

7. Prices and payment

7.1 All prices are in Australian dollars. The displayed price is the total price payable for the Product, excluding delivery charges. Delivery charges are shown at checkout before you pay. If GST is payable on a supply, the displayed price includes GST.

7.2 We may change our prices at any time. A price change does not affect an Order that we have already accepted.

7.3 Despite our reasonable efforts, a Product may occasionally be listed at an incorrect price. We are not obliged to supply a Product at an incorrect price where the error is obvious or could reasonably have been recognised as an error. In that case, we will contact you and you may either proceed at the correct price or cancel the Order for a full refund.

7.4 Payment must be made in full at the time you place your Order, using a payment method offered at checkout.

7.5 Payments are processed by third-party payment providers. Where you choose a buy now, pay later service (such as Afterpay or Zip), your payment arrangement is a separate agreement between you and that provider, on that provider’s terms. We are not the credit provider and are not a party to that agreement. Any fees or charges imposed by the provider are your responsibility.

7.6 By submitting an Order, you authorise us and our payment providers to charge your nominated payment method for the total amount of the Order.

7.7 We may carry out verification and fraud prevention checks before accepting an Order, and may place an Order on hold while we do so. We may ask you for further information to confirm your identity or your authority to use the payment method.

8. Promotions, store credit and gift cards

8.1 Discount codes, offers and promotions are subject to these Terms and to any specific conditions published with them. Unless we state otherwise, a discount code may be used once only, may not be combined with another offer, is not transferable, has no cash value and does not apply to delivery charges or gift cards.

8.2 We may withdraw or vary a promotion at any time. Doing so will not affect an Order that we have already accepted.

8.3 First-order and new-customer offers are limited to one per person and per household. If we reasonably believe that a person has created multiple accounts or otherwise acted to obtain an offer more than once, we may cancel the relevant discount, credit or Order.

8.4 Store credit may be applied only to future purchases on the Website. Credit offered in connection with sample purchases is available on the conditions published on our Samples page at the time the samples are bought. Except as required by law, store credit is not redeemable for cash, is not transferable and is subject to any expiry date notified when it is issued.

8.5 Any gift card we issue is valid for at least three years from the date of supply, or any longer period stated on the gift card. Gift cards should be treated like cash. Except as required by law, gift cards cannot be redeemed for cash and will not be replaced if lost, stolen or used without your permission.

8.6 Any affiliate or referral programme we operate is governed by its own terms in addition to these Terms.

Part C: Products, safe use and health

9. Product descriptions and natural variation

9.1 We take reasonable care to describe and depict our Products accurately. Statements about the composition, origin, age or grade of a material are based on information given to us by our suppliers.

9.2 Images are for illustration only. The bottle, cap, applicator, label, packaging and the colour of the oil you receive may differ from the images on the Website. Colours may also display differently on different screens.

9.3 Many of our raw materials are natural. Natural materials vary with the harvest, region, season, age of the material and method of distillation or extraction. As a result, Products may vary from batch to batch in colour, clarity, viscosity and scent profile. Natural oils may also thicken, crystallise, become cloudy or form sediment, particularly in cool conditions. Variation of this kind is a normal characteristic of the Products and is not, of itself, a fault or defect.

9.4 Scent is subjective. How a fragrance smells, how long it lasts and how far it projects all depend on factors outside our control, including your skin chemistry, skin type, diet, medication, the climate, the amount applied and where it is applied. Scent notes, fragrance families and statements about longevity on the Website are a general guide to typical experience. We do not promise that you will like a fragrance or that it will perform on you as it does on another person.

9.5 Our bottles are filled by weight using the traditional tola measure (one tola is 11.66 grams). The millilitre size shown for each bottle is the customary equivalent, being 3 ml for a quarter tola, 6 ml for a half tola and 12 ml for one tola. The actual volume may vary slightly with the density of the oil, and the fill level you see may differ between bottles.

9.6 Where a Product name or description refers to a scent style, tradition, region or third-party fragrance, the reference is solely to describe the character of the scent. Our Products are not the products of any third-party brand, and we are not affiliated with, sponsored by or endorsed by any third-party brand unless we expressly say so.

9.7 A sample shows the general character of a scent. Because of the natural variation described in clause 9.3, a full-size bottle may differ slightly from a sample of the same scent that came from an earlier batch.

9.8 Nothing in this clause 9 limits the Consumer Guarantees.

10. Composition and ingredients

10.1 Our range includes three categories of Product:

(a) Products made wholly from natural aromatic materials;

(b) Products that are a blend of natural materials and synthetic aroma compounds; and

10.2 Products listed in our Natural range on the Website, which currently includes the Natural Attar and Pure Oud Oil categories, are sold to us by our suppliers as natural aromatic materials. We rely on those descriptions and do not independently test the batches we receive from our suppliers. Every other Product is a blended perfume oil that contains, or may contain, synthetic aroma compounds, and some are wholly synthetic. You must read the Product page, including its Important Information section, and the label before you buy or use a Product. If the composition of a Product is important to you for any reason, including health, allergy, religious, ethical or lifestyle reasons, you must check the Product page and contact us with any question before you place your Order.

10.3 “Natural” means that the aromatic material is derived from a plant or other natural source by distillation, extraction, expression or a similar process. It does not mean that a Product is hypoallergenic, non-irritant, certified organic, or safer than a synthetic Product. Natural materials naturally contain substances that are recognised allergens for some people.

10.4 “Alcohol-free” means that we have not added ethyl alcohol (ethanol) to the Product as a carrier or solvent. If a Product ever contains an ingredient made with alcohol, such as a tincture, its Product page will say so and we will not describe that Product as alcohol-free. This definition is based on our own handling of the Products and on information from our suppliers.

10.5 Product names and listed scent notes describe how a Product smells. They are not a list of ingredients. A name or note such as oud, musk, amber, ambergris, sandalwood, rose or saffron describes a scent character and does not mean that the Product contains the natural material of that name, unless the Product page says so. Our agarwood (oud) oils are the Products listed in the Pure Oud Oil category. A small number of our Products contain animal-derived musk. Where that is the case, the Product page says so, and those Products are not vegan.

10.6 Many of our fragrances are supplied to us as finished compounds, and their full formulas are confidential to our suppliers. We therefore cannot give you a complete list of every constituent of a fragrance. If you have a known allergy or sensitivity to a specific substance, contact us before ordering. We will tell you what we know, which is based in part on information from our suppliers. If we cannot confirm that the substance is absent, you should not buy or use the Product. We recommend trying a 1 ml sample before buying a full-size bottle.

10.7 We may change the formulation or the source of materials for any Product at any time. You should check the Product page and label each time you buy, including for a Product you have used before.

10.8 Our Products are cosmetic fragrances for external use. They are not therapeutic goods, medicines or foods, and they are not intended to diagnose, treat, cure, relieve or prevent any disease, ailment or condition. Any information on the Website about the traditional, cultural or historical use of an ingredient is general information only. It is not a claim about what a Product will do and it is not medical advice.

10.9 Our Products do not carry third-party certification, such as organic, vegan, halal or cruelty-free certification, unless a Product page says so.

11. Patch test and directions for safe use

11.1 Perfume oils are concentrated aromatic materials. Whether natural or synthetic, they can cause skin irritation, sensitisation or an allergic reaction in some people.

11.2 You must carry out a patch test before you first use any Product, and again whenever you receive a new bottle or batch. To carry out a patch test:

(a) apply a small amount of the Product to clean skin on your inner forearm, or on the inside of your wrist or elbow;

(b) leave the area uncovered and unwashed for at least 24 hours, or 48 hours if you have sensitive skin or a history of skin reactions; and

(c) if you experience any redness, itching, burning, swelling, rash or other irritation, wash the area with mild soap and water and do not use the Product.

11.3 A patch test reduces risk but does not eliminate it. A reaction may still occur later, and sensitivity to a substance can develop over time with repeated exposure. If you experience any adverse reaction at any time, you must stop using the Product immediately.

11.4 You must use the Products only as directed. In particular:

(a) the Products are for external use on the skin only and must not be swallowed;

(b) avoid contact with the eyes, lips, mouth, nostrils and other mucous membranes;

(d) apply sparingly, as a small amount is sufficient;

(e) some aromatic materials can increase sensitivity to sunlight, so avoid exposing treated skin to direct sun or tanning equipment after application;

(f) do not use on infants or young children, or on animals. An older child should use a Product only under adult supervision and after a patch test;

(g) keep out of the reach of children and pets;

(h) do not use in a diffuser, oil burner, humidifier, vaporiser, candle, food or drink unless the Product page expressly says the Product is suitable for that use;

(i) keep away from heat, sparks and naked flame; and

(j) take care around clothing, jewellery, furniture and other surfaces, as oils and their natural colour may stain or mark them.

11.5 You should obtain advice from a doctor or other qualified health professional before using any Product if you:

(a) are pregnant, trying to conceive or breastfeeding;

(b) have asthma or another respiratory condition;

(d) have a known allergy or sensitivity to any fragrance, essential oil, plant or cosmetic ingredient; or

(e) have any other medical condition or take any medication that may be affected by the use of fragrance.

11.6 If you have an adverse reaction, stop using the Product, wash the affected area and seek medical attention. If a Product is swallowed, contact the Poisons Information Centre on 13 11 26. In an emergency, call 000.

12. Health, allergy and allocation of risk

12.1 By purchasing or using a Product, you acknowledge and agree that:

(a) fragrance materials, whether natural or synthetic, are a recognised cause of skin irritation and contact allergy, and no fragrance can be guaranteed to be suitable for every person;

(b) we have no knowledge of your medical history, allergies or sensitivities, and you are the person best placed to judge whether a Product is suitable for you;

(c) you have read the Product page, the Product label and these Terms, including the patch test requirement in clause 11.2 and the directions in clause 11.4;

(d) nothing on the Website or in any communication from us is medical advice; and

(e) you accept the risk that a Product may not suit your individual allergies, sensitivities or health conditions.

12.2 To the maximum extent permitted by law, and subject to clause 29, we are not liable for any Loss arising from skin irritation, sensitisation, allergic reaction, respiratory reaction, headache, illness or any other adverse health effect, to the extent that it is caused or contributed to by:

(a) your failure to carry out a patch test in accordance with clause 11.2;

(b) your failure to follow the directions and warnings in these Terms, on the Product page or on the Product label;

(d) an allergy or sensitivity that you knew of, or ought reasonably to have known of, including a sensitivity to fragrance generally or to a disclosed ingredient;

(e) a sensitivity or reaction that is particular to you and is not experienced by users of the Product generally;

(f) use of a Product for a purpose for which it is not intended, including ingestion, use on children or animals, or use in a diffuser or burner;

(g) any mixing, dilution, decanting or other alteration of a Product by you or another person;

(h) storage or handling of a Product contrary to clause 13; or

(i) use of a Product by a person to whom you gave or supplied it without passing on the warnings and directions required by clause 12.4.

12.3 Where a Product was supplied as described and labelled, and is of a kind that users generally tolerate, an adverse reaction that results from your individual allergy or sensitivity is not, of itself, a fault or defect in the Product.

12.4 If you give, supply or apply a Product to another person, you must first give that person the warnings and directions in clause 11 and on the Product label. To the maximum extent permitted by law, you are responsible for that person’s use of the Product.

12.5 If you experience an adverse reaction, please tell us and give us your Order number, the Product name and any batch details on the bottle, so that we can investigate. You must keep the Product and its packaging and make them available to us for inspection and testing on request. Our investigation of a report is not an admission of liability.

12.6 Nothing in this clause 12 excludes, restricts or modifies any Non-Excludable Right, including the Consumer Guarantees and any liability under Part 3-5 of the ACL that cannot lawfully be excluded.

12.7 If you make a claim about an adverse reaction, you must give us the information we reasonably need to assess it. This includes when and how you carried out the patch test, how you used the Product, and a copy of any medical report you rely on.

13. Storage and handling

13.1 Store Products upright, tightly closed, in a cool, dry and dark place, away from direct sunlight, heat and naked flame.

13.2 Natural oils continue to mature and may change in colour, thickness and scent over time. This is normal and is not a fault.

13.3 Bottles are made of glass and are fragile. Handle them with care and check that the cap or applicator is secure after each use. Changes in air pressure and temperature, including during air travel, may cause leakage.

13.4 To the maximum extent permitted by law, and subject to clause 29, we are not liable for deterioration, leakage, breakage or other Loss that results from storage or handling contrary to this clause 13 after delivery.

Part D: Delivery

14. Delivery

14.1 We deliver to addresses within Australia only. We do not currently deliver outside Australia.

14.2 Orders are delivered by Australia Post or another carrier we select. Delivery options and charges are shown at checkout and are described in our Shipping and Refund Policy.

14.3 Dispatch and delivery times are estimates only. They begin from the date of dispatch and may be affected by matters outside our control, including carrier delays, public holidays, weather and peak periods. If we are unable to dispatch your Order within a reasonable time, we will notify you and you may cancel the undispatched Products for a full refund.

14.4 You are responsible for providing a complete, accurate and secure delivery address. If a parcel is returned to us or misdirected because the address you gave was incorrect or incomplete, or because the parcel was not collected, we may charge you the reasonable cost of re-delivery. Alternatively, we may refund the price of the Products less the original delivery charge and any return charge imposed by the carrier.

14.5 Some Products may be subject to transport restrictions that limit the way they can be carried. This may extend delivery times to some locations.

14.6 You should inspect your Order as soon as reasonably possible after delivery.

15. Risk and title

15.1 Risk of loss of or damage to the Products passes to you when the Products are delivered to the delivery address you nominated. Delivery includes delivery to a parcel locker, post office, collection point, letterbox, safe place at the address, or to any person at the address.

15.2 Title to the Products passes to you when we have received payment in full and the Products have been delivered.

15.3 We recommend that you select Signature on Delivery where it is available, particularly for higher-value Orders. We may require Signature on Delivery for any Order.

15.4 If you do not select Signature on Delivery, or you give the carrier an authority to leave, you accept the risk of loss, theft or damage once the parcel has been left at the delivery address you nominated.

16. Lost, delayed and damaged parcels

16.1 If tracking does not show your parcel as delivered within a reasonable time after the estimated delivery date, please contact us. We will lodge an enquiry with the carrier. If the carrier confirms that the parcel is lost, or it cannot be located within a reasonable period, we will refund you or, if you prefer and the Product is in stock, send a replacement.

16.2 If tracking shows your parcel as delivered but you have not received it, you must tell us within 5 Business Days after the recorded delivery date so that an investigation can be opened while the carrier’s records are available. You must give us and the carrier reasonable assistance, which may include checking with other occupants and neighbours and providing a written declaration. The delivery record kept by the carrier, including any scan, photograph or location data, is evidence of delivery unless there is evidence to the contrary. Telling us later than 5 Business Days does not remove your rights, but it may make the investigation harder.

16.3 To the maximum extent permitted by law, and subject to clause 29, we are not liable for parcels that are lost, stolen or damaged after the carrier has delivered them to the address you nominated.

16.4 If a Product arrives damaged, leaking or broken, please contact us as soon as possible, and preferably within 7 days after delivery, with your Order number and clear photographs of the Product and the packaging. Please keep the Product and all packaging until the matter is resolved. Clause 19 then applies.

Part E: Returns, refunds and your consumer rights

17. Your rights under the Australian Consumer Law

17.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

17.2 The rights described in the remainder of this Part E are in addition to, and do not limit, your rights under the Australian Consumer Law.

18. Change-of-mind returns

18.1 The Australian Consumer Law does not require us to accept a return because you have changed your mind, do not like a scent, or chose the wrong Product. We nevertheless offer the voluntary change-of-mind return described in this clause 18. If you want to try a fragrance on your skin before committing to a full-size bottle, we recommend ordering a 1 ml sample first.

18.2 You may return an eligible Product for a refund, exchange or store credit if:

(a) you contact us at support@oudraqy.com.au within 7 days after delivery, or any longer period we agree with you in writing, with your Order number, and obtain our return instructions before sending anything back;

(b) the Product has not been applied to skin or otherwise used. You may open the bottle to smell the fragrance, but the bottle must still be full;

(d) you send the Product back promptly after receiving our return instructions.

18.3 The following are not eligible for a change-of-mind return:

(a) 1 ml samples and sample sets;

(b) personalised, custom-made or special-order Products;

(d) Products that have been applied or used, are no longer full, were damaged after delivery, or are returned without their original packaging.

18.4 You are responsible for the cost of return postage for a change-of-mind return. The returned Product remains at your risk until we receive it. We recommend a tracked service and secure packaging.

18.5 A change-of-mind refund is the amount you actually paid for the returned Product, after any discount or credit applied to it. The original delivery charge is not refunded. If the return takes the value of your Order below the free delivery threshold that applied to it, we may deduct the standard delivery charge from your refund.

18.6 We will inspect each returned Product, including its fill level and applicator. If a returned Product does not meet the conditions in this clause 18, we may decline the return. In that case, we will notify you and you may arrange for the Product to be sent back to you at your cost.

18.7 Change-of-mind returns are a voluntary policy. We may change or withdraw the policy for future Orders, and we may decline a change-of-mind return where we reasonably believe that the policy is being misused, for example through repeated returns.

19. Faulty, damaged or incorrect Products

19.1 If you believe that a Product is faulty, was damaged before delivery, does not match its description or is not the Product you ordered, please contact us at support@oudraqy.com.au as soon as possible with your Order number, a description of the problem and clear photographs.

19.2 We may ask you to return the Product so that we can inspect and assess it. If we do, we will pay the reasonable cost of return postage. If our inspection shows that the Product does not have the problem you reported, clause 18 applies instead, including as to the cost of return postage.

19.3 If a Product fails to meet a Consumer Guarantee, we will provide the remedy to which you are entitled under the Australian Consumer Law. For a failure that is not a major failure, we may choose to provide a replacement or a refund. For a major failure, you may choose a refund or a replacement.

19.4 Subject to clause 29, the following are not, of themselves, a failure to meet a Consumer Guarantee:

(a) a change of mind, or a dislike of a scent or its performance on your skin;

(b) natural variation of the kind described in clause 9.3;

(d) damage, deterioration or leakage caused by misuse, alteration, or storage or handling contrary to clause 13 after delivery; and

(e) a matter that was specifically drawn to your attention before you purchased the Product.

19.5 If you consider that a Product differs from its description by more than normal variation, or that it is unsafe or faulty, contact us and clauses 19.1 to 19.3 apply.

20. Refunds and chargebacks

20.1 Refunds are made to the original payment method. If you paid using a buy now, pay later service, the refund is made through that provider and your arrangement with the provider continues to be governed by its terms. The time taken for a refund to appear depends on your payment provider.

20.2 If you have a concern about an Order or a charge, you agree to contact us first and give us a reasonable opportunity to resolve it before you initiate a chargeback or payment dispute with your payment provider.

20.3 If you initiate a chargeback or payment dispute, we may give your payment provider the information reasonably necessary to respond to it, including your Order, delivery and communication records. If the chargeback is found to be unjustified, you remain liable to pay us the amount of the Order.

Part F: Privacy, data security and communications

21. Privacy and personal information

21.1 We respect your privacy. We collect, hold, use and disclose personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth) and the Australian Privacy Principles to the extent they apply to us, and any other Australian privacy law that applies to us.

21.2 The personal information we collect may include your name, delivery and billing addresses, email address, telephone number, account details, Order and payment history, communications with us, reviews you submit, and information about your device and your use of the Website.

21.3 We collect and use personal information to:

(a) process, fulfil and deliver Orders, and manage returns and refunds;

(b) process payments and detect and prevent fraud;

(d) respond to enquiries and provide customer service;

(e) send you marketing communications where you have consented or we are otherwise permitted by law to do so;

(f) operate, secure, analyse and improve the Website and our Products;

(g) comply with our legal obligations; and

(h) establish, exercise or defend legal claims.

21.4 We may disclose personal information to third parties who help us operate our business, including payment processors, buy now, pay later providers, Australia Post and other carriers, website hosting and e-commerce platform providers, email, messaging and marketing platforms, analytics and advertising providers, review platforms, information technology, automation, artificial intelligence and security providers, professional advisers and insurers. We may also disclose personal information to regulators, courts and law enforcement bodies where required or authorised by law. We do not sell your personal information.

21.5 Some of our service providers store or process information outside Australia. By providing your personal information, you acknowledge that it may be transferred to, stored in and processed in other countries. We take reasonable steps to engage reputable providers.

21.6 Card payments are processed by third-party payment providers. We do not store your full card number or card security code on our own systems.

21.7 The Website uses cookies, pixels, tags and similar technologies for site functionality, security, analytics and advertising. You can manage cookies through your browser settings. Some features of the Website may not work properly if cookies are disabled.

21.8 If you give us personal information about another person, such as a gift recipient, you confirm that you are authorised to do so and that you have told that person how we will handle their information.

21.9 We keep personal information only for as long as it is reasonably required for the purposes described in this clause 21 or as required by law. We then take reasonable steps to destroy or de-identify it.

21.10 You may ask us for access to, or correction of, the personal information we hold about you by contacting us at support@oudraqy.com.au. We will respond within a reasonable time.

21.11 If you have a concern about how we have handled your personal information, please contact us first so that we can try to resolve it. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner at oaic.gov.au.

22. Data security and cyber incidents

22.1 We take reasonable steps to protect the personal information we hold from misuse, interference and loss, and from unauthorised access, modification and disclosure. These steps include encrypted transmission of data between your browser and the Website, access controls, and the use of reputable third-party providers for payment processing and hosting.

22.2 No method of transmitting information over the internet, and no method of electronic storage, is completely secure. Despite the steps we take, we cannot and do not guarantee that the Website, our systems or the systems of our service providers will be free from unauthorised access, attack or failure.

22.3 You are responsible for:

(a) keeping your account password confidential and not reusing it on other services;

(b) keeping the devices and email account you use to deal with us secure and up to date;

(d) taking care with messages that claim to come from us. We will never ask you by email, text message, telephone or social media for your password or full card details. If you receive a suspicious message, do not respond to it or follow any link in it, and tell us at support@oudraqy.com.au.

22.4 If we become aware of unauthorised access to, or unauthorised disclosure or loss of, personal information we hold that is likely to result in serious harm to you, we will take prompt steps to contain and assess the incident. We will tell you as soon as practicable so that you can take steps to protect yourself, and we will notify the relevant regulator where we are required by law to do so.

22.5 To the maximum extent permitted by law, and subject to clauses 22.6 and 29, we are not liable for any Loss arising from unauthorised access to, or interception, theft, alteration, encryption, loss, misuse or disclosure of, your personal information, your account or your communications with us, to the extent that it results from:

(a) a criminal, malicious or unauthorised act of a third party, including hacking, malware, ransomware, phishing, credential stuffing, social engineering or a denial-of-service attack;

(b) a security failure, breach or outage affecting a third-party provider, including a payment provider, hosting or platform provider, communications provider or carrier, that is beyond our reasonable control;

(c) your failure to comply with clause 22.3, or your disclosure of your login details or personal information to another person;

(d) interception of information during transmission over a network that we do not control; or

(e) a third party impersonating us without our authority,

provided that we have taken reasonable steps of the kind described in clause 22.1.

22.6 Nothing in this clause 22 excludes, restricts or modifies any obligation or liability we have under the Privacy Act 1988 (Cth) or any other law that cannot lawfully be excluded. Any liability we do have is limited in accordance with Part H.

22.7 Third-party providers handle your information under their own terms and privacy policies. You should read those terms and policies. We are not responsible for the privacy or security practices of third parties that we do not control.

23. Electronic communications and marketing

23.1 You consent to receiving communications about your Orders, your account and these Terms, and invitations to review your purchase, electronically, including by email and text message.

23.2 We will send you marketing communications only where you have consented or we are otherwise permitted to do so under the Spam Act 2003 (Cth). Each marketing message will include a way to unsubscribe. You may opt out at any time, and we will action your request within 5 Business Days.

23.3 Opting out of marketing does not stop us from sending you messages about an Order, your account or a Product safety matter.

23.4 If you contact us through a third-party messaging or social media service, that service’s own terms and privacy policy apply to your use of it. Do not send payment card details or other sensitive information to us through those services.

23.5 If you begin the checkout process and give us your email address but do not complete your Order, we may send you a small number of reminder emails about the items left in your cart. Each reminder includes a way to unsubscribe.

Part G: Use of the Website

24. Intellectual property

24.1 The Website and all of its content are owned by or licensed to us and are protected by copyright, trade mark and other intellectual property laws. This content includes text, Product names and descriptions, photographs, images, video, graphics, logos, the OUDRAQY name and brand, page layout, software and the formulations of our Products.

24.2 We grant you a limited, revocable, non-exclusive and non-transferable licence to access and view the Website for the purpose of browsing and purchasing Products for personal use.

24.3 Without our prior written consent, you must not:

(a) copy, reproduce, republish, upload, transmit, frame, adapt or distribute any content from the Website;

(b) use any content from the Website for a commercial purpose, including to advertise or sell any product;

(c) use the OUDRAQY name, logo or any of our Product names in a way that suggests an association with us or is likely to mislead;

(d) use any content from the Website to train, test or develop any artificial intelligence or machine learning system, or to build any database or dataset; or

(e) to the extent permitted by law, analyse or reverse engineer any Product for the purpose of commercially reproducing it or passing off another product as ours.

24.4 Third-party names and trade marks that appear on the Website belong to their respective owners.

25. Acceptable use

25.1 You must not:

(a) use the Website for any unlawful, fraudulent or misleading purpose;

(b) provide false information, impersonate another person or use a payment method without authority;

(c) interfere with, probe, scan or test the security of the Website or any connected system, or attempt to gain unauthorised access to any account, system or data;

(d) introduce any virus, malware or other harmful code, or carry out or assist any attack on the Website;

(e) use any robot, spider, scraper or other automated means to access, monitor or copy the Website, other than a general-purpose public search engine acting in accordance with our robots instructions;

(f) harvest or collect information about other users;

(g) place false, speculative or fraudulent Orders, or act to circumvent any quantity limit or promotional condition; or

(h) harass, threaten or abuse our staff or representatives.

25.2 If we reasonably believe that you have breached this clause 25, we may suspend or block your access to the Website, cancel any Order that has not been dispatched, and report the matter to the relevant authorities. You are liable to us for any Loss we suffer as a result of your breach.

26. Reviews and user content

26.1 If you submit a review, photograph, comment or other content to us, or give us permission to share content that you have published elsewhere (User Content), you warrant that the User Content:

(a) reflects your own genuine experience and honest opinion;

(b) is accurate and not misleading;

(d) does not infringe the intellectual property, privacy or other rights of any person; and

(e) discloses any incentive or benefit you received in connection with it.

26.2 You grant us a non-exclusive, royalty-free, perpetual, irrevocable and worldwide licence to use, reproduce, publish, communicate and adapt your User Content in connection with our business, including in our marketing. We may edit User Content for length or clarity without changing its meaning. We may publish a review with the name you provide when you submit it. You may ask us at any time to remove your name, or to stop using your User Content in new marketing material, and we will do so within a reasonable time. To the extent permitted by law, you consent to any act or omission that would otherwise infringe your moral rights in the User Content.

26.3 We may moderate, decline to publish or remove User Content that we reasonably consider breaches clause 26.1. We do not remove genuine reviews merely because they are unfavourable.

26.4 Reviews and testimonials are the opinions of individual customers. They reflect individual experience, which varies from person to person, and are not a promise or guarantee by us.

27. Third-party services and links

27.1 The Website relies on, and may link to, websites and services operated by third parties, including payment, delivery, messaging, social media and review services. We do not control those third parties.

27.2 Your use of a third-party website or service is governed by that third party’s terms and privacy policy. To the maximum extent permitted by law, and subject to clause 29, we are not liable for any Loss arising from your use of a third-party website or service.

27.3 A link to a third-party website is provided for convenience only and is not an endorsement of that website or its content.

28. Website content and availability

28.1 The content of the Website, including blog articles, scent guides and answers to frequently asked questions, is general information only. It is not professional, medical or health advice and you should not rely on it as a substitute for advice from a qualified professional.

28.2 We take reasonable care to keep the Website accurate and up to date. However, the Website may occasionally contain errors, inaccuracies or omissions, and we may correct them at any time without notice. If an error materially affects an Order that has not been dispatched, we will contact you and you may cancel the affected Products for a full refund. If the Order has already been dispatched, Part E applies.

28.3 We do not promise that the Website will be available at all times, or that it will be uninterrupted or free of errors. We may suspend, restrict or withdraw all or part of the Website at any time, including for maintenance or security reasons.

28.4 We take reasonable precautions to keep the Website free of viruses and other harmful code. You are responsible for protecting your own devices with appropriate security software.

28.5 The Website is intended for customers located in Australia.

Part H: Liability

29. Rights that cannot be excluded

29.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified (Non-Excludable Rights). Non-Excludable Rights include the Consumer Guarantees and, where it applies, any liability under Part 3-5 of the ACL for goods with a safety defect.

29.2 Every other provision of these Terms is subject to this clause 29. Where a provision is expressed to apply “to the maximum extent permitted by law”, it applies only so far as the law allows.

29.3 Where the law permits us to limit our liability for a failure to comply with a Non-Excludable Right, our liability is limited, at our option, to:

(a) the replacement of the Products or the supply of equivalent Products; or

(b) the payment of the cost of replacing the Products or of acquiring equivalent Products.

30. Exclusions

30.1 Subject to clause 29, and to the maximum extent permitted by law, we exclude all implied conditions, warranties and terms. This does not affect our own description of a Product on its Product page at the time of your Order, which forms part of our agreement with you. Customer reviews are not part of that description.

30.2 Subject to clause 29, and to the maximum extent permitted by law, we are not liable for any Loss to the extent that it arises from or is contributed to by:

(a) your breach of these Terms, or your negligent, unlawful or wrongful act or omission;

(b) any matter described in clause 12.2, including an adverse reaction where you did not carry out a patch test or follow our directions and warnings;

(c) natural variation of the kind described in clause 9, or your personal preference as to scent, longevity or projection;

(d) any act, omission, delay or failure of a carrier, payment provider or other third party that is beyond our reasonable control;

(e) the loss or theft of, or damage to, a parcel after delivery to your nominated address;

(f) any matter described in clause 22.5, including a cyber attack or other criminal act of a third party;

(g) the Website being unavailable, interrupted or affected by an error, or any harmful code transmitted despite our reasonable precautions;

(h) your use of any third-party website or service; or

(i) an event described in clause 33.

30.3 Subject to clause 29, and to the maximum extent permitted by law, we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, contracts, opportunity, goodwill, reputation or data, or for any business interruption, however caused and whether or not it was foreseeable.

31. Limitation of liability

31.1 Subject to clause 29, and to the maximum extent permitted by law, our total aggregate liability to you for all Loss, other than Loss for personal injury or death, arising out of or in connection with an Order, the Products, the Website or these Terms is limited to the amount you paid us for the Order to which the claim relates. This limit applies whether the claim is made in contract, tort (including negligence), under statute or on any other basis.

31.2 Our liability for any Loss is reduced in proportion to the extent that you, or any person for whom you are responsible, caused or contributed to that Loss.

31.3 You must take reasonable steps to mitigate any Loss you suffer.

31.4 You must tell us about any claim as soon as reasonably practicable after you become aware of the facts giving rise to it, so that we can investigate while the Product, its packaging and our batch records are available. To the maximum extent permitted by law, we are not liable for any additional Loss caused by your delay in telling us.

31.5 You acknowledge that the exclusions and limitations in these Terms are reasonably necessary to protect our legitimate interests as a small business supplying personal fragrance products.

31.6 In this Part H, a reference to “we” or “us” includes our employees, contractors and agents, and we hold the benefit of this Part H on trust for each of them.

31.7 Nothing in these Terms excludes or limits our liability for fraud or wilful misconduct.

31.8 In any claim for personal injury or death, clause 12 and clause 31.2 apply. We may also rely on every defence, exclusion, threshold, limitation and reduction of damages available to us under Part VIB of the Competition and Consumer Act 2010 (Cth), the Civil Liability Act 2002 (NSW) and any equivalent law.

32. Your responsibility and indemnity

32.1 You are liable for, and indemnify us against, any Loss we suffer or incur, including reasonable legal costs, as a result of a claim made against us by a third party, to the extent that the claim arises from:

(a) your breach of these Terms;

(b) your negligent, unlawful or fraudulent act or omission;

(d) your supply of a Product to another person, including any failure to pass on the warnings and directions required by clause 12.4, or any resale in breach of clause 6.8; or

(e) any User Content that you submit.

32.2 Your liability under clause 32.1 is reduced in proportion to the extent that we caused or contributed to the Loss. We must take reasonable steps to mitigate any Loss for which we seek to be indemnified.

33. Events beyond our control

33.1 We are not liable for any delay or failure to perform our obligations to the extent that it is caused by an event beyond our reasonable control. Such events include natural disaster, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, industrial action, government or regulatory action, customs or quarantine action, shortage or failure of supply of raw materials, carrier delay, failure of telecommunications, power, hosting or payment services, and cyber attack.

33.2 If such an event occurs, we will take reasonable steps to limit its effect and will keep you informed. If the event prevents us from supplying your Order for more than 30 days, either of us may cancel the affected part of the Order, and we will refund any amount you have paid for Products that have not been supplied.

Part I: Wholesale and business customers

34. Wholesale and business customers

34.1 This clause 34 applies to Wholesale Customers in addition to the rest of these Terms. If there is any inconsistency, this clause 34 prevails for Wholesale Customers. If we have a separate written wholesale agreement with you, that agreement prevails over these Terms to the extent of any inconsistency. An Order placed through a third-party wholesale marketplace is also subject to the terms of that marketplace.

34.2 Approval as a Wholesale Customer is at our discretion. Our wholesale prices and terms are confidential and must not be disclosed to any other person.

34.3 Wholesale Orders are subject to any minimum order quantity or value we notify. Unless we agree credit terms in writing, payment is due in full before dispatch. If any amount is overdue, we may suspend further supply and recover our reasonable costs of collection.

34.4 Risk in the Products passes to you on delivery to your nominated address or on collection by you or your carrier. Title to the Products remains with us until we have received payment in full for them.

34.5 You must inspect the Products on delivery and notify us in writing of any shortage, transit damage or incorrect supply within 7 days after delivery. To the maximum extent permitted by law, the Products are otherwise taken to have been accepted. We do not accept change-of-mind returns of wholesale Orders.

34.6 In reselling or supplying the Products, you must:

(a) supply the Products only in their original, sealed and unaltered packaging, and not decant, dilute, blend, relabel or rebrand them without our prior written consent;

(b) store and handle the Products in accordance with clause 13;

(c) not make any statement about the Products that we have not authorised, including any therapeutic or health claim, or any claim that a Product is natural where we have not confirmed that for the Product concerned;

(d) pass on to your customers all warnings, directions and ingredient information supplied with the Products, including the patch test requirement in clause 11.2;

(e) comply with all laws that apply to the supply of the Products, including the Australian Consumer Law and cosmetic labelling requirements;

(f) keep records sufficient to identify which batches you have supplied, and give us all reasonable assistance with any Product recall or safety investigation;

(g) notify us within 2 Business Days after you become aware of any complaint of an adverse reaction or any safety concern relating to a Product; and

(h) use our name, brand and images only in the manner we authorise.

34.7 You are free to determine your own resale prices.

34.8 Where you acquire Products for the purpose of resupply, you acknowledge that you do not acquire them as a Consumer and that the Consumer Guarantees do not apply to that acquisition, to the extent provided by the Australian Consumer Law. Any right you have under the ACL to be indemnified by us as the manufacturer of a Product is a Non-Excludable Right.

34.9 Subject to clause 29, and to the maximum extent permitted by law:

(a) our liability to a Wholesale Customer in respect of any Product is limited, at our option, to replacing the affected Products or refunding the price paid for them;

(b) our total aggregate liability to a Wholesale Customer arising out of or in connection with an Order is limited to the price paid for that Order; and

(c) we are not liable to a Wholesale Customer for any indirect or consequential loss, or any loss of profit, revenue, business, goodwill or opportunity.

34.10 You are liable for, and indemnify us against, any Loss we suffer or incur, including reasonable legal costs, to the extent that it arises from your breach of this clause 34, any alteration, repackaging, storage or handling of the Products by you, any statement you make about the Products that we have not authorised, or your negligent or unlawful act or omission. Your liability is reduced in proportion to the extent that we caused or contributed to the Loss.

34.11 Either of us may end the wholesale relationship at any time by written notice to the other. Ending the relationship does not affect any Order that we have already accepted or any amount that is owing.

Part J: Disputes and general terms

35. Complaints and dispute resolution

35.1 If you have a complaint or a dispute with us, please contact us first at support@oudraqy.com.au. Please include your name, your Order number, a description of the issue, the outcome you are seeking and any supporting material, such as photographs.

35.2 We will acknowledge your complaint promptly and will aim to give you a substantive response within 10 Business Days.

35.3 You agree to give us a reasonable opportunity, being at least 10 Business Days after we receive your written complaint, to resolve the matter with you in good faith before you commence any court or tribunal proceedings. This does not apply where urgent relief is required or a limitation period is about to expire.

35.4 Communications made in an attempt to settle a dispute are made on a without prejudice basis and are confidential, except to the extent that disclosure is required by law.

35.5 Nothing in this clause 35 prevents you from contacting NSW Fair Trading, the consumer protection agency in your State or Territory, or the Australian Competition and Consumer Commission at any time, or limits any Non-Excludable Right.

36. Governing law and jurisdiction

36.1 These Terms, and any dispute or claim arising out of or in connection with them, an Order, the Products or the Website, are governed by the laws of New South Wales, Australia.

36.2 You and we submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales and the courts entitled to hear appeals from them. If you are a Wholesale Customer, that jurisdiction is exclusive.

37. General

37.1 Entire agreement. These Terms, the policies referred to in clause 1.3, our own description of each Product on its Product page at the time of your Order (not including customer reviews) and our confirmation of your Order are the entire agreement between you and us about their subject matter. This clause does not exclude any liability for a statement or representation that cannot lawfully be excluded.

37.2 Severability. If any provision of these Terms is void, unenforceable or unfair in any jurisdiction, it is to be read down to the minimum extent necessary to make it valid and enforceable. If it cannot be read down, it is severed. The remaining provisions continue in full force.

37.3 No waiver. A failure or delay by us in exercising a right under these Terms is not a waiver of that right. A waiver is effective only if it is given in writing.

37.4 Assignment. We may assign or transfer our rights and obligations under these Terms to another person, including a successor to or purchaser of our business, provided that your rights under these Terms are not adversely affected. You may not assign your rights or obligations without our prior written consent.

37.5 Relationship. Nothing in these Terms creates a partnership, agency, joint venture or employment relationship between you and us.

37.6 Notices. We may give you notice by email to the address you have provided or by publishing the notice on the Website. You may give us notice by email to support@oudraqy.com.au.

37.7 Suspension. We may suspend or end your access to the Website at any time if we reasonably believe that you have breached these Terms. Doing so does not affect any Order that we have already accepted, or any right or liability that has already accrued.

37.8 Survival. Clauses 9 to 13, 20 to 22, 24, 26 and 29 to 37 survive the completion or cancellation of an Order and the closure of your account.

37.9 Interpretation. No provision of these Terms is to be interpreted against us merely because we prepared it.

37.10 Records. Our records of your Order, of your acceptance of these Terms at checkout and of our communications with you are evidence of those matters, unless they are shown to be incorrect.

37.11 Variation. These Terms can be varied for a particular Order only if we agree to the variation in writing.

38. Contact us

OUDRAQY (ABN 12 048 410 328)

New South Wales, Australia

Email: support@oudraqy.com.au

Website: oudraqy.com.au

Zip Pay

Zip Pay. Minimum monthly repayments are required. A monthly account fee of $9.95 applies and is subject to change. Pay your closing balance in full by the due date each month and we’ll waive the fee. Available to approved applicants only and subject to completion of satisfactory credit assessment. Other charges may be payable. Fees and charges subject to change. T&Cs apply. Credit provided by ZipMoney Payments Pty Ltd (ABN 58 164 440 993), Australian Credit Licence Number 441878.