Hello and thank you for stopping by at www.suchskincare.com (Website). These Terms of Service constitute a legally binding contract between the website visitor and/or customer (you) and Such Skincare Pty Ltd ABN 96 633 014 365 (Such Skincare, we, us or our) and apply to: (a) your use or access to this Website; and/or (b) the ordering, purchase, fulfilment and delivery of our Products from this Website.
Please review these Terms of Service carefully, if you do not agree to these Terms of Service, please do not use the Website or place any Orders for our Products on this Website. Your use of this Website or the placing of any Orders of our Products constitute your acceptance of these Terms of Service. We amend these Terms of Service from time to time. Every time you wish to use or access our Website, or place any Orders for our Products on this Website, please check these Terms of Service to make sure that you understand the terms that apply at that time.
Please note that sometimes additional terms may apply to the purchase of particular Products. These are posted on the Website. When you purchase Products where additional terms apply, you will be subject to those terms in addition to these Terms of Service, as applicable.
Our Website store is hosted on Shopify. Shopify provides us with the online e-commerce platform that allows us to sell our Products to you.
Section 1 – Definitions
In these Terms of Service, unless the contrary intention appears:
Accepted Order means an Order accepted by us and for which payment has been received by us and an order confirmation notice is provided to you for such Order.
Australian Consumer Law means the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday or public holiday in Perth, Western Australia.
Content Standards has the meaning set out in Section 11.
Contract means a contract of sale referred to in Section 3.
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means an order for the Products placed on the Website by you.
Price means the price of the Products inclusive of GST listed on the Website.
Product means the goods listed on the Website, or the goods purchased or to be purchased by you which are the subject of a Contract.
Refund Policy means the Refund Policy for the Products purchased from us, as amended from time to time.
Section 2 – Eligibility to use our Website
Our Website is directed to users who are at least eighteen (18) years of age and are residing in and using this Website within Australia (Jurisdiction). We do not represent that content available on or through our Website is appropriate for use or available in other locations. If you access our Website from outside the Jurisdiction, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Website from your location.
Section 3 – Orders
You can place an Order for our Products by completing and submitting to us an online order and completing the checkout procedures on the Website. You must not order Products from us if you are under eighteen (18) years of age. By placing an Order you warrant to us that you are eighteen (18) years of age or older. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.
If you place an Order for someone else to receive the Products you must obtain their consent before providing us with their personal information and, by placing an Order, you confirm to us that you have done this.
All Orders are subject to our acceptance at our discretion. This Website and the information on it constitute an invitation to treat and not an offer by us to supply any Products. Your Order represents an offer from you to purchase the Product in accordance with these Terms of Service. Our acceptance of a particular Order will not imply that we will accept any of your future Orders. We may accept or reject your offer in our absolute discretion. In particular, but without limitation, we may reject an Order for commercial quantities of Products. If you wish to order commercial quantities of Products please contact us by email at email@example.com.
Orders placed on a weekend or public holiday (in Perth, Western Australia) will not be processed until the next Business Day. If we accept your Order, we will acknowledge and accept your Order by providing you with an order confirmation number via email once your payment for the Products in your Order has been validated. If we do not accept your Order, we will provide a full refund of the amount paid by you and received by us for that Order.
Please ensure that you enter all information carefully when placing an Order. You warrant to us that all information provided by you in relation to each Order is complete, true and accurate.
Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by us. We will use reasonable endeavours to cancel or change the Order if it has not already been shipped but make no representation that we will be able to do this.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
You acknowledge that all Products that you Order are intended for personal, domestic, non-commercial use only.
The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference (Risk Events).
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any Risk Events or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Once your Order is accepted by us, a binding contract will come into existence between you and us in relation to the ordered Products (Contract). The Contract will comprise the Accepted Order and these Terms of Service. If there are any inconsistencies between these Terms of Service and another provision in the Contract, the provision in these Terms of Service will prevail to the extent of inconsistency. No other terms or conditions (including any terms or conditions printed on or referred to in your Order) will be binding on us unless we agree in writing.
Section 4 – Order acceptance and cancellation
An Accepted Order will receive an Order confirmation number via email.
You agree that we may not accept your Order, or we may cancel any Accepted Orders due to any of the following: (a) the Products you order are not, or no longer available; (b) we are not able to receive payment for the Products, or any payment was subsequently revoked; or (c) where a Product has been listed or advertised with an incorrect price or inaccurate information by mistake, in which case, you acknowledge and agree that we are under no obligation to sell you any Products.
If you have made a payment and submitted your Order which is cancelled or rejected by us, or if we cancel your Accepted Order, we will provide you with a full refund for the amount you have paid and received by us for that Order or Accepted Order.
You may cancel an Order if we are in breach of these Terms of Service.
Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these Terms of Service, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Section 5 – Price and payment
Subject to Section 4, the price payable by you for the Products in an Accepted Order will be the Price for the Products at the time your Order is submitted. We may update or vary the Price from time to time without notice to you. Any changes will be effective once they are published on the Website.
All Prices are inclusive of GST. All Prices do not include insurance or any other tax, tariff or duty unless expressly stated otherwise. You are required to pay (where applicable) these charges in addition to, and at the same time as, payment of the Price for the Products. If we are required to pay any additional tax, tariff, duty, fee or charge (in addition to GST), you must reimburse us with the amount paid.
We accept payment for any Accepted Orders by PayPal, credit or debit card only. We will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your PayPal, credit or debit card is fraudulently used or used in an unauthorised manner by a third party.
Unless expressly stated to the contrary, all payments must be made in the currency specified in the Price on the Website for your transaction. Where conversion from foreign currency is required, such currency conversion will be performed by PayPal or the debit/credit card company and may be subject to a fee charged by them.
We will process PayPal, credit and debit card payments as soon as you submit your Order.
If your payment is declined or reversed for any reason, including without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired, we reserve the right to reject your Order or cancel any Accepted Orders. We reserve the right to keep or sell the Products.
Products that you have ordered will not be dispatched to you until your payment for the Products has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
Your tax invoice will be sent to you when the Products are delivered. Please keep your tax invoice safely as it is your proof of purchase.
Section 6 – Delivery, Duties and Taxes
There will be no delivery charges for standard shipping within Australia of each Accepted Order. Delivery charges will apply to each Accepted Order where any delivery option other than standard shipping is requested (for example, express post within Australia, or shipping for international deliveries). For all delivery options, (including standard shipping within Australia) whether provided to you with or without charges, you will continue to be liable for any insurance, tax, tariff or duty (where applicable).
We will deliver the Products once full payment of the Price and all applicable charges (including charges for delivery, insurance or any other tax, tariff or duty) have been received. Any timeframes quoted by us for delivery of the Products are estimates only and will not be of the essence of the Contract; or otherwise confer any right of cancellation of an Accepted Order on you. We will not be liable for any loss or damages (directly or indirectly) sustained by you as a result of our failure to deliver by a particular delivery date.
We deliver Products within Australia and internationally to the countries as set out in our Shipping Policy. All Products will be delivered by a postal service or courier selected by you at the time your Order is submitted. If you provide specific delivery instructions (including to the postal service or courier), for example, for your Product to be left at your nominated address without acknowledgment of receipt, we will not be liable or responsible for any loss or damage to your Products once the delivery is made in accordance with your instructions. We are also not liable or responsible for any loss or damage to your Products that occurs as a result of the handling of Products by the postal service or courier in the process of delivering such products to you.
If the Products are to be delivered outside of Australia, you must comply with all laws and regulations of the country where the Products of your Accepted Order is shipped. You will be listed as the “importer” of the Product. All taxes, duties and tariffs will be your sole responsibility. We have no control over such taxes, duties and tariffs and do not have any obligation to ensure any Accepted Order will clear customs. You should contact relevant customs authority to determine if your Products under an Accepted Order will be charged any taxes, duties and tariffs or subject to any laws and regulations.
We do not take any responsibility where the Products of your Accepted Order are opened for inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, we may disclose personal information, such as your name and address and other information such as the Price and description of the Products and shipment and carrier information.
You acknowledge that any delays caused by custom clearance are beyond our control. Our original estimated delivery timeframes do not take into account custom clearance. We are not liable for any loss or damage you suffer due to custom clearance delays.
Unless otherwise agreed, the Products are not insured by us and you will bear any risk of loss or damage to the Products when delivered to you.
Section 7 – Intellectual Property
All intellectual property rights in and to this Website and all information, contents, videos and photographs published on this Website, whether in relation to our Products or otherwise, belongs or is otherwise licensed to us. These rights are protected by copyright laws and treaties around the world. All such rights are reserved. You acquire no right, title or interest in or to our intellectual property by virtue of these Terms of Service. Nothing on the Website should be construed as granting any licence to use any part of the content of this Website and/or any intellectual property right, including any trademark, without our permission.
In particular, you must not use any trademarks appearing on or in relation to the Products, our photographs of the Products, any illustrations, any video or audio sequences or any information or contents published on this Website in relation to the Products: (a) to promote or market the Products in any way; (b) in connection with goods or services that do not belong to us; (c) in a manner that may be confusing, misleading or deceptive; or (d) in a manner that disparages us, our Products or the Website.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on our Website. 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 illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on this Website must always be acknowledged.
If you print off, copy or download any part of this Website in breach of these Terms of Service, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
Section 8 – General advice/recommendations
We may provide general advice or general recommendations to you with respect to skincare and cosmetic products on the Website or via other methods or platforms (e.g. via a text message, email or on social accounts). Any information on the Website is provided strictly for general information purposes and should not be construed as specific or medical advice that is particular to your needs.
Any general advice and/or recommendations given are suggestions only based on our experience and understanding of the Products and, where applicable, on the information provided by you. Our advice and recommendations, including with respect to Products, do not come with any guarantee or warranty of success or suitability.
Any general advice or information that we provide is not intended to be professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any question or issue you may have regarding the condition of your skin, or other medical condition. Do not disregard professional medical advice or delay in seeking it because of something you have read on this Website.
Section 9 – Your account and privacy
You may create a customer account with us by completing and submitting to us a completed online form on the Website.
By registering a customer account with us, or otherwise submitting an Order for our Products, we may require you to provide your personal information, including details such as your name, your email address, phone number, billing and delivery address. You warrant that all information submitted to us is true, accurate and up-to-date.
If you register a customer account with us, we will require you to create a password for your customer account. You are must ensure that your username and password are kept secure and confidential. You must not allow your username or password to be used by any third party, or otherwise permit any third party to access your account at any time. You will be solely responsible for any misuse or abuse of your username, password or person details for anything that results from the use of your customer account (including any Orders placed under the account). You agree to indemnify us against any loss or claims arising from the unauthorised use of your username and password.
You will immediately notify us through our website’s “Contact Us” section or via email at firstname.lastname@example.org of any suspected or actual unauthorised use of your account, disclosure of your username and password or any other security breaches.
Your account registrations are subject to our acceptance. We reserve the right to deny, restrict, suspend or close any customer accounts at our discretion.
Section 10 – User-generated content
The Website may include information and materials uploaded by other users of the Website, including in relation to posting reviews of our Products and content uploaded via social media features. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, customer reviews, Instagram feeds, social media features and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Website. All User Contributions must comply with the Content Standards.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the Content Standards.
You are solely responsible for securing and backing up your content.
You represent and warrant that: (a) You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; (b) All of your User Contributions do and will comply with these Terms of Service; (c) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and (d) We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us by email at email@example.com.
Section 11 – Content standards
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the Content Standards. You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Section 12 – Our Website and your use
We have made reasonable endeavours to ensure that the information and content provided on this Website is accurate and current at the date of publication, and that the photographs of the Products listed on this Website are represented accurately (including the size, colour, texture and overall appearance of the Product and the colour and shades offered by the Products). However, you acknowledge and agree that: (a) the effect and texture of the Products may appear different in real life in comparison to the images displayed on the Website due to the effect of the Products on different skin tones and the texture of different types of skin on which the Products are applied; (b) the size of the Products may appear different in real life in comparison to the images displayed on the Website, for example, the Product may appear smaller or bigger than their actual size; (c) the fill level of the Product may appear higher or lower than the fill level of the Product displayed on the Website (where applicable); (d) information in relation to certain Products may have been inaccurately described by our suppliers which we have relied upon and undertaken reasonable inspections, which would normally be expected in the course of business to verify the information; and (e) subject to Section 13 and to the extent permitted by law, we provide no (whether implied, expressed or otherwise) warranties, representations, or guarantees of any kind in relation to information, content and photographs on this Website.
The Website is made available free of charge. We have used commercially reasonable efforts to provide you with access to this Website via the internet. You acknowledge and agree that access to and use of this Website may be temporarily suspended for scheduled or urgent server maintenance work or for other reasons beyond our reasonable control.
Subject to Section 13 and to the extent permitted by law and, except as provided by these Terms of Service, we will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you in connection with: (a) your reliance on any information, contents or photographs on this Website, including any errors, omissions, inaccuracies in the information, content and photographs of this Website; and (b) your use of or inability to use the Website or any defects in the Website.
To the extent permitted by law, where you believe a Product you have purchased from this Website does not meet your expectations or the description of the Website, your sole remedy is to exercise your rights under Sections 13, 14 or 15.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the Content Standards. 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. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Website other than that set out above, please contact us by email at firstname.lastname@example.org.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Section 13 – Warranties
Nothing in these Terms of Service excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the ACL, we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to our Products.
If you are a “consumer” under the ACL, the following notice applies to you:
“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a 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.”
In addition, Section 15 applies in addition to (but may overlap with) any rights and remedies you may have under the consumer guarantees under the ACL as a consumer.
If you are not a “consumer” under the ACL, to the extent permitted by law, the rights under Section 15 are your sole remedies with respect to such subject matter.
Subject to this Section 13, and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms of Service in connection with any goods or services supplied by us or otherwise relating to the performance of our obligations under these Terms of Service are excluded.
Section 14 – Limitation of Liabilities
Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach (including for any Consumer Guarantees), at our option, to the repair or replacement of Products, or payment of the cost of repairing or replacing the Products, or a refund of the Price paid for the Products.
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products or these Terms of Service, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
To the extent permitted by law, our total liability arising out of or in connection with the Products or these Terms of Service, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Price paid by you for the purchase of Products under these Terms of Service.
Section 15 – Returns and Refunds
You should check your Products as soon as they are delivered to you in order to ensure that: (a) they are what you ordered; and (b) they are not damaged or faulty. If this is not the case you should contact Such Skincare by emailing email@example.com as soon as possible.
If you have a problem with any Products or otherwise wish to return them please refer to our Refund Policy which forms part of these Terms of Service.
When returning Products please provide Such Skincare with your proof of purchase. Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Products themselves.
Section 16 – General
These Terms of Service are governed by the laws of Western Australia, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia.
We may change any provision in these Terms of Service without notice. Any updated Terms of Service will be published on the Website and will only apply to orders submitted after the updated Terms of Service are published.
You must not assign any rights and obligations under these Terms of Service whether in whole or in part without our prior written consent.
Any notice in connection with these Terms of Service will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
If any provision of these Terms of Service is invalid, illegal or unenforceable, these Terms of Service take effect (where possible) as if they did not include that provision.
Any failure by a party to insist upon strict performance by the other of any provision in these Terms of Service will not be taken to be a waiver of any existing or future rights in relation to the provision.
If a dispute arises under these Terms of Service, neither of you nor us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days.