Terms & Conditions
General
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website (39degrees.com.au). Please read these terms of use carefully before you start to use the site.
By using or accessing our site, purchasing an item advertised on this website and/or becoming a member of the 39 Degrees VIP newsletter, you indicate that you have read, understood and accepted these terms of use, together with our Privacy Policy and Returns Policy, and that you agree to abide by them.
Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products or services we provide on our site without notice (see below).
We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Pricing Policy
Prices shown on the site are in Australian Dollars (AUD) and are inclusive of GST where applicable.
Prices are subject to change, effective immediately upon posting to our site or other form of notification. Changes to prices do not affect orders we have already accepted.
While we take care to ensure that all prices quoted on our site are accurate, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled, and if you have already paid for the product you will receive a full refund. We are under no obligation to sell the product to you at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is an obvious typographical or arithmetical inaccuracy and could reasonably have been recognised by you as such.
Discount and Promotional Codes
Discount and promotion codes are non-transferable and there is no cash alternative. Unless otherwise stated, discount and promotional codes are limited to one use per customer and one per household. New-customer and welcome codes are valid for a single first order only, and may not be used on subsequent orders or across multiple accounts, email addresses, or names. We reserve the right to cancel or refuse any order, or to require payment of the difference, where a code has been used in a way that breaches these terms.
Any refunds provided in relation to goods purchased using promotional codes will be equivalent to the discounted purchase price and not the normal retail price. Discount and promotional codes cannot be used in conjunction with any other promotion code or offer, and must be redeemed by the date published, if provided.
June 2026 Sale Terms and Conditions can be reviewed here: www.39degrees.com.au/pages/tc2026.
Gift with Purchase Terms and Conditions
- Eligibility: Complimentary gifts are available with qualifying orders only. The specific gift offered may vary based on the promotion.
- Limitations: Only one complimentary gift is available per qualifying order. If additional gifts are added or shown in your cart, they will not be included in your shipment. Our system will automatically include the complimentary gift when the qualifying criteria are met.
- Order Fulfilment: Complimentary gifts will not be shipped separately. If a complimentary gift is manually added to your cart without meeting the qualifying criteria, the order may be cancelled, or the additional gift will not be sent.
- Changes: We reserve the right to modify or change the gift-with-purchase promotion at any time.
Welcome Offer Conditions
- The Welcome Offer: The Welcome Offer refers to the "Switch off stress in 20 mins" Starter Kit. It is available to all customers, new and returning, while stocks last. The $20 voucher unlocked with email signup is available to new customers only, see clause 3.
- What's in the Starter Kit: The Starter Kit includes two 500mL Magnesium Bath Tonics, Sleep Well and Ease Work Stress, and the Spa Prep Duo (a porcelain measuring cup and a spa headband). Measuring cup and headband colours may vary and are subject to change based on availability. Inclusions, pricing and savings are those shown on the offer page at the time of purchase and are subject to change.
- $20 Voucher: The $20 voucher is available to new customers only and is delivered by email after you sign up with a valid email address. It is limited to one per customer, household, email address and name, may not be used across multiple accounts, and is valid on a single first order. If multiple Welcome Offers are purchased in one transaction, only one $20 voucher will be issued. It is a $20 credit valid on an order over $69 and expires 30 days from the date of issue. It is non-transferable, has no cash value, and cannot be used in conjunction with any other promotion, offer or discount code.
- Sitewide Gifts (Free Mask and Free Shipping): The complimentary Hydrating Face Mask and free shipping are sitewide offers and are not exclusive to the Starter Kit. Each applies automatically once your order meets the relevant qualifying order value shown on our site. Both are based on your order value at checkout, are limited to one gift per qualifying order, and are not shipped separately. If a gift is added to your cart manually without meeting the qualifying criteria, it will not be sent. Sitewide gifts are subject to availability, a substitute of equal or greater value may be provided if stock runs out, and qualifying thresholds may change without notice. Please see our site for current details.
- Availability: The Welcome Offer is available while stocks last and may form part of a limited drop with capped quantities. We reserve the right to withdraw, amend or replace the offer at any time without notice.
- Pricing and Payment: All prices are in Australian Dollars (AUD) and inclusive of GST where applicable. The price shown at checkout is the final price for your purchase. Afterpay may be available at checkout.
- Guarantee: The Starter Kit is covered by our 20-Minute Stress Reset Guarantee. Please refer to the Guarantee terms on this page for eligibility and conditions.
- Marketing Consent: Where you opt in through the pop-up, EDM or at checkout, you consent to receive marketing communications from 39 Degrees by email and/or SMS. You may opt out at any time (for SMS, reply "STOP"). Please refer to our Consent to Marketing Communications terms on this page.
- General: The Welcome Offer is subject to these Welcome Offer Terms and Conditions together with our general Terms & Conditions, Returns Policy and Privacy Policy. We reserve the right to cancel or refuse any order, or to require payment of the difference, where the offer has been used in a way that breaches these terms.
Monthly Giveaway Competition
By entering our monthly giveaway competition, you agree to the following terms.
Promoter: The promoter is 39 Degrees (ABN 71 566 590 446), Suite 31, 307, Level 3, Eastland SC, 175 Maroondah Highway, Ringwood VIC 3134. Questions can be directed to team@39degrees.com.au.
Eligibility: The competition is open to residents of Australia aged 18 years or over at the time of entry. Employees of 39 Degrees, and their immediate families, are not eligible to enter.
Competition period: The competition runs each calendar month. Entries open at 12:00am (Melbourne time) on the first day of the month and close at 11:59pm (Melbourne time) on the last day of the same month. A new competition period begins on the first day of each following month.
How to enter: Sign up to the 39 Degrees mailing list with a valid email address during the competition period. Limit of one entry per person and per email address. Entries that are incomplete, fraudulent, made using automated means, or made using multiple email addresses, may be disqualified at the promoter's discretion.
The prize: Each month, one (1) winner will receive four (4) 500mL 39 Degrees Magnesium Bath Tonics, being the four best-selling Bath Tonics for that month. The total prize value is approximately AUD $280 (based on a recommended retail price of $69.95 per bottle). The prize is not transferable, not exchangeable, and cannot be redeemed for cash. Scent selection is determined by that month's best sellers and cannot be chosen by the winner. If a prize item becomes unavailable, the promoter may substitute an item of equal or greater value.
The draw: The winner will be drawn at random from all valid entries received during the competition period, within the first seven (7) days of the following month at the promoter's premises.
Winner notification: The winner will be notified by email using the address provided at entry, and must respond to claim the prize within fourteen (14) days of being notified. If the winner cannot be contacted, does not respond within this period, or is found to be ineligible, the promoter reserves the right to draw a replacement winner. The promoter may publish the winner's first name and initial to announce the result.
Privacy: By entering, you consent to 39 Degrees collecting the personal information you provide and adding your email address to its mailing list to receive marketing communications. You can unsubscribe at any time using the link in any email. Your information is handled in accordance with our Privacy Policy.
Social media: This competition is in no way sponsored, endorsed, administered by, or associated with Instagram, Facebook, Meta, or any other social media platform. Any information you provide is provided to 39 Degrees, not to these platforms.
General: The promoter reserves the right to vary, suspend, or cancel the competition, or to disqualify any entrant, where necessary, for example in the event of an error, fraud, or circumstances outside the promoter's reasonable control, subject to any applicable laws. Nothing in these terms excludes, restricts, or modifies any rights you have under the Australian Consumer Law that cannot be excluded. This competition is governed by the laws of the State of Victoria, Australia.
Substitutions
In the event of supply difficulties or because products are no longer in stock, substitutions may be necessary to ensure your order is delivered within your required timeframe. If this is the case, a substitute product of equal or greater value will be provided, while also ensuring that your order is as similar as possible to the requested item. Where reasonably practicable, we will let you know of any substitution, and if the substitute is not suitable you may decline it for a refund of that item.
We reserve the right to withdraw any products from our site at any time and/or remove or edit any materials or content on our site. While we will make our best efforts to always process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from our site, whether it has been sold or not, removing or editing any materials or content on our site, or refusing to process or accept an order after we have sent you the order confirmation, except to the extent of any rights you have under the Australian Consumer Law.
Presale Items
- Shipping Timeframe: Presale items are clearly marked and have a specified dispatch date on the product page. If you include a presale item in your order, your entire order will be held and shipped together once the presale item is ready. We do not offer split shipments.
- Returns and Partial Refunds: If you wish to return part of your order that includes a presale item, partial refunds are not available. Instead, your entire order will be refunded, less a $19.95 processing and handling fee. This fee covers administrative, packaging, and transaction costs. This fee does not apply where a refund is required under the Australian Consumer Law, including where an item is faulty, or where a presale item is not supplied within a reasonable time, in which case the amount is refunded in full.
- Cancellation Requests: If you would like to cancel an order that includes a presale item before it ships, the full order must be cancelled and is subject to the same $19.95 processing and handling fee, except where a refund is required under the Australian Consumer Law.
- Changes to Presale Dates: Dispatch dates for presale items are estimates and may change due to production or supplier delays. We will notify you if there are significant changes, but 39 Degrees is not liable for delays outside our control.
Acceptance of Your Order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order prior to dispatch by us, acceptance of your order and completion of the contract between you and us is subject to acceptance by us and will be completed when we email you to confirm the goods have been dispatched and handed over to the designated carrier. The sale contract is therefore concluded in Victoria, Australia.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, or that you do not meet the eligibility criteria set out, or otherwise contemplated, within these terms of use or our site. We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion.
Subscription
Subscription Plan: By subscribing, you agree to receive regular deliveries of your selected products based on your chosen frequency. Prepaid subscriptions auto-renew. The subscription price, billing frequency, and how to cancel are shown before you confirm your subscription.
Billing and Payment: Your credit card will be automatically charged prior to each shipment. Prices include taxes but exclude additional fees, such as shipping.
Skip, Cancel and Changes: Subscriptions can be skipped or cancelled anytime before the next billing date.
Auto-Renewal: Subscriptions, including prepaid options, automatically renew at the end of each billing cycle (for example, every 6 orders for prepaid). You will be charged automatically unless cancelled before the renewal date.
Shipping: Free shipping applies to all subscription orders. Standard shipping rates apply to orders below this threshold.
Discounts: Subscriptions are eligible for exclusive discounts. These cannot be combined with other promotions, offers or discount codes.
Refunds: Refunds on subscription items are not provided unless there is an issue with the product. Nothing in these subscription terms limits your rights under the Australian Consumer Law.
Contact: For assistance with your subscription, please contact our support team at team@39degrees.com.au.
Our deliveries are made by a third-party courier. 39 Degrees takes responsibility for the presentation and content of our items until they leave our premises. This does not affect your rights under the Australian Consumer Law or our Returns Policy, including for items damaged in transit.
Digital Gift Cards
Digital Gift Cards cannot be redeemed or refunded for cash.
Digital Gift Cards are non-refundable.
39 Degrees Digital Gift Cards are valid for 3 years from the date of purchase. After the expiry date, the card will have a nil balance. Each 39 Degrees Digital Gift Card is linked to a unique Gift Card Number to ensure its security and integrity and to allow for multiple transactions online.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights (including, without limitation, trademarks and copyright) in our site, and in the material published on it (including, without limitation, its look and feel, brands, logos and trademarks, information, graphics, photographs, content, images, sounds, video, audio, text, layout, button icons and the compilation and organisation thereof, and all intellectual property rights contained therein). Those works are protected by intellectual property laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any pages from our site for your personal reference, and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any content separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site, services or e-commerce facilities for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
User Content and Submissions
- User-Generated Content: If you submit content, such as reviews, comments, or other materials, whether online, by email, or otherwise, you agree that we may use, edit, copy, publish, distribute, and translate any content you provide. You acknowledge that we are not obligated to maintain any content in confidence, pay compensation, or respond to any content.
- Monitoring and Removal of Content: We may, but are not obligated to, monitor, edit, or remove content that we determine is unlawful, offensive, or violates any party's rights.
Information Posted
Commentary and other materials posted on, or via, our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials, and any services provided therefrom, by any visitor to our site, or by anyone who may be informed of any of its contents, and we make no representations or warranties that use of such materials will not infringe intellectual property rights of any third parties.
We attempt to be as accurate as possible when we describe products and services on our site. However, to the extent permitted by applicable law, we do not warrant that product descriptions, colours, information or other content available on our site are accurate, complete, reliable, current or error-free, except to the extent of the consumer guarantees that apply under the Australian Consumer Law.
Our Site Changes Regularly
We aim to update our site regularly, and may change content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Policies and Guidelines
You shall comply with our policies and guidelines as they apply from time to time. You will also be bound by our Returns Policy.
Indemnification
You agree to compensate us for any loss or cost we reasonably incur that is caused by your breach of these terms, your unlawful conduct, or your infringement of another person's rights. You are not responsible for loss to the extent it is caused by us.
Our Liability
Nothing in these terms excludes, restricts or modifies the consumer guarantees or any other rights you have under the Australian Consumer Law that cannot be excluded. Where our goods or services come with a guarantee that cannot be excluded, and the failure does not amount to a major failure, our liability is limited, at our option, to replacing or repairing the goods, or resupplying the service.
Subject to the paragraph above, and to the extent permitted by law, the material, content, product descriptions, standard, quality and specifications displayed on our site, and any links, are provided on an "as is" basis. To the extent permitted by law, we, our directors, employees and representatives exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, products or services, including any loss of income or revenue, loss or interruption of business, loss of profits or contracts, loss of anticipated savings, loss of data, or loss of goodwill.
This does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Any limitation of liability in these terms applies only to the extent permitted by law and does not limit your non-excludable rights under the Australian Consumer Law.
Information About You and Your Visits to Our Site
We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. In order to make purchases through our site, you will be requested to provide your personal details, in particular your real name, address, phone number, email address and other requested information.
When ordering items, you will be required to provide payment details. By entering your payment details you warrant that the payment details you provide on ordering are both valid and correct, and you confirm that you are the person referred to in the billing information provided.
Consent to Marketing Communications
- Marketing Consent: We send marketing communications (including emails and SMS about promotions, offers and updates) only to customers who have opted in to receive them.
- How We Collect Consent: You can opt in by ticking the relevant marketing consent box at checkout, or by signing up through our pop-up or EDM. Providing your phone number for delivery or order purposes alone does not sign you up to marketing SMS. SMS marketing is sent only where you have expressly opted in.
- Opt-Out: You may opt out of marketing communications at any time by using the unsubscribe link in any email, replying "STOP" to a text message, or contacting our customer service team.
- Frequency of Messages: The frequency of marketing messages may vary. Message and data rates may apply, depending on your mobile carrier plan.
- Third-Party Providers: We may use third-party service providers to facilitate our marketing communications and may share your contact details with them solely for the purpose of delivering those communications.
- Compliance with Laws: 39 Degrees is committed to complying with applicable marketing and privacy laws, including the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth).
- Changes to Terms: We may update these terms from time to time and will give reasonable notice of significant changes.
Prohibited Uses
- Site Usage Restrictions: In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content for: (a) any unlawful purpose; (b) soliciting others to perform unlawful acts; (c) violating any laws; (d) infringing upon our intellectual property rights; (e) harassment or discrimination; (f) submitting false or misleading information; (g) uploading viruses or other harmful code; (h) collecting or tracking personal information of others; or (i) interfering with the security features of the site.
- Termination of Service: We reserve the right to terminate your use of the site or service for violating any prohibited uses.
Viruses and Hacking
You must not misuse our site by knowingly introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. We always recommend all internet users ensure they have up to date virus checking software installed.
Linking to Our Site
You may link to our site, provided any link must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
Links from Our Site
Where our site contains links or references to other sites, resources, products or services provided by third parties, these links or references are provided for your information and convenience only. We have no control over the contents of those sites, resources, products or services, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Your linking to or from these sites, or use of, or reliance on such sites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites or third party suppliers that you visit or transact with. Links, references or other connections to these sites, resources, products or services do not imply any endorsement of them or any association with their owners, operators or advertising material.
Third-Party Tools and Links
- Use of Third-Party Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
- Third-Party Links: Certain content, products, and services available via our site may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and do not warrant or have any liability for any third-party materials, products, or services. Any use of third-party websites is at your own risk.
Force Majeure
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to acts of God, governmental actions, shipping, postal or other relevant transport strike, failure or accident, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, or accidents or breakdown of plant, machinery, software, hardware or communication network.
Jurisdiction and Applicable Law
Our site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the State of Victoria will govern these terms of use (and the purchase of any products via our site).
By using our site you submit to the jurisdiction of the courts of Victoria and agree that any legal action will only be commenced in these forums. Our site is available only to people who can form legally binding contracts under applicable law.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Material changes will not apply to orders you have already placed, and we will give reasonable notice of significant changes where we can. Your continued use of our site after changes are posted constitutes your agreement to the changed terms of use.
Please read these terms of use before placing an order online and check back often. If you do not agree to any change, then you must stop using our site.
Relationship
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these terms of use.
Entire Agreement
These Terms and any policies posted by us on this site constitute the entire agreement and understanding between you and us, superseding any prior agreements, communications, or proposals.
Severability
If any provision in these terms of use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these terms of use, which will continue in full force and effect.
Stock Availability
During Sale Periods: Due to the high demand during our sales, some items may sell out or be oversold. This can happen when multiple customers are checking out at the same time for the same product. Our system may not update instantly to reflect that another customer has secured the last item just before your payment is completed. If an item you purchased is oversold, we will issue a full refund for that item back to your original payment method. Please note that processing times for refunds may take longer during the sale, and it could take up to 10 business days to notify you of any oversold items. For orders with multiple items, any remaining items will still be shipped to you.
Dynamic Pricing: Prices during sales may change based on availability and demand. The price shown at checkout is the final price for your purchase. We are unable to offer refunds or price adjustments if prices drop after your order is placed.
Dispatch and Shipping: With the high volume of orders during sales, please allow extra time for processing and dispatch. While we aim to ship orders within 3 to 5 business days, delays may occur. Once your order is on its way, you will receive an email with tracking details. Please keep in mind that shipping carriers may also experience delays that are beyond our control, which could affect your delivery time. We appreciate your understanding and patience during this busy period.
Order Changes and Cancellations: Due to the high volume of orders being processed during sale events, we are unable to modify or cancel any orders once they are placed. Please double-check your order details before completing your purchase. For any questions or assistance, contact us at team@39degrees.com.au.
20-Minute Stress Reset Guarantee
- Refund Process: If you do not feel rejuvenated after a 20-minute bath soak with the Natural Magnesium Bath Tonic, you are eligible for a full refund. To initiate a refund, please contact our customer service team within 30 days of your purchase date. Proof of purchase and a description of your experience with the product will be required. The product requested to be refunded must be returned to us. We will provide you with a return shipping label upon approval of your refund request.
- Eligibility: The guarantee is available to all customers who purchase the Natural Magnesium Bath Tonic directly from our official website. To be eligible, the customer must have used the product as directed on the packaging.
- Conditions: The refund will cover the full purchase price of the product, excluding any shipping costs. Refunds will be processed within 7 to 10 business days of approval and receipt of the returned product. This guarantee is limited to one refund per customer. The guarantee applies only to the Natural Magnesium Bath Tonic and not to any other products.
- Exclusions: The guarantee does not cover products purchased from unauthorised retailers or third-party websites. Misuse or incorrect application of the product voids the guarantee. The guarantee is not applicable if the product has been used for purposes other than as directed.
- Limitations: We reserve the right to refuse a refund if we determine that the guarantee is being abused or misused. This guarantee is subject to change without prior notice; the terms applicable to your purchase are those in effect at the time of purchase. Nothing in this guarantee limits your rights under the Australian Consumer Law.
- Customer Service: For any questions or to process a refund, please contact our customer service team at team@39degrees.com.au.
Skin Sensitivity and Patch Testing
Our Bath Tonics and other products contain magnesium and natural essential oils. As with any bath or skincare product, some people may be sensitive to certain ingredients. We recommend a patch test before first use. If any irritation occurs, please stop using the product and, if it is severe or does not settle, seek advice from your pharmacist or doctor. This does not affect your rights under the Australian Consumer Law.
Your Concerns
If you have any concerns about material which appears on our site, please contact our team at team@39degrees.com.au.