Terms & Conditions
This Website describes the terms and conditions under which Skin Physics (Biophysics Australia Pty Ltd) Ltd ABN 67 600 895 332 of Level 2 189 O'Riordan Street, Mascot NSW or its related bodies corporate (where applicable) will provide Skin Physics to you effective as at 26 March 2013
Please ensure that you read these terms and conditions before you purchase the Product and keep a copy of this document for your records.
Purchasing the Product – Fees and Charges
- 2.1.1 All transactions are displayed and processed in AUD.
- 2.1.2 The credit cards that we accept will be described on the Website. We may apply a surcharge from time to time for the use of certain credit cards and we will notify you of this surcharge at the time of payment. We may change the type of Credit card that we accept as payment at our absolute discretion.
2.2 Ordering procedure
When you place an order to purchase the Product you are making an offer to us. No contract for the purchase of Product the Product will come into existence until we have reviewed and accepted your order and payment has been successfully processed. We may decline your order at our absolute discretion.
2.3 Cancellation of orders
- (a) We may cancel an order that we have already accepted if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Terms and Conditions or your payment has been declined or dishonoured by your financial institution.
- (b) While we endeavour to avoid pricing and other errors, errors may occur from time to time and we may also cancel an order that we have previously accepted in such circumstances.
- (c) Unforeseen supply problems or unexpected demand may occasionally result in items being unavailable. If this occurs, you may cancel your order at any time prior to your order being shipped to you, as long as you notify us by calling our customer service on 1300 757 858. New Zealand customers can call 0800 478 236.
2.4 Delivery, title and risk
- (a) We will deliver your items to the place of delivery you specify when making your order. Title to and risk in items will pass to you upon delivery of your order.
- (a) Prices displayed on this website exclude shipping costs
- (b) We deliver products Australia wide using Australia Post and other contracted agents. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct.
- (c) Standard delivery times are between 3-10 working days.
2.6 Our returns policy
- (a) You are entitled to a refund of the purchase price (excluding postage & handling) if:
- it was purchased directly from Skin Physics and
- the product is faulty, not of acceptable quality or does not meet the description provided
- it is within 30 days of the purchase date
- the original contents including the packaging are returned to us at the address specified by our customer service representative; and
- All returned Products must be received by the Company within 14 days of the notification or a refund will not be issued; and
- You comply with these Terms and Conditions.
3.1 Warranties given by the Company
- (a) We warrant that the Product will comply with any descriptions provided on the Website.
- (b) All express or implied warranties, representations, statements, terms and conditions relating to these Terms and Conditions, the Website or the Product that are not contained in these Terms and Conditions, are excluded to the maximum extent permitted by law.
- (c) In particular, and without limiting paragraph (a):
- (i) While we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website or the server from which it is hosted are free of viruses or other harmful components; and
- (ii) we will not be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.
- (d) Nothing in this agreement excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include provisions of the Competition and Consumer Act 2010 (Cth), corresponding provisions of Australian state or territory legislation which operate to protect the purchasers of goods and services in various circumstances.
- (e) If any term, condition or warranty is implied into this agreement and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option:
- (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- (f) Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms and conditions, the Website or the Products, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to the greater of:
- (i) AUD$100; and
- (ii) the amounts paid by you to us as a result of the purchase of Product. In calculating our liability the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied terms, conditions or warranties referred to above.
- (g) Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
- (i) special, indirect, consequential, incidental or punitive damages; or
- (ii) damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
- (h) Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
Force majeure Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
- (a)These terms and conditions are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
- (b) These Terms and Conditions constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
- (d) Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
The information contained on this Website may change from time to time without prior notice to you and such change is within our absolute discretion.
Licence to use the content on the website. This Website is protected by copyright and other intellectual property rights(“Intellectual Property Rights”)owned or licensed by the Company or its related bodies corporate from time to time.
- We grant you a limited, non-transferable license to access and use the Website solely for your personal, non-commercial purposes. You are expressly prohibited from publishing, adapting, communicating to the public, distributing to third parties, amending, reprinting, making any other copy or electronically reproducing any part of the content on this Website without our prior written consent.
- We (or our licensors) retain all right, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the license referred to in paragraph (b), Subject to applicable law, we may revoke the permission referred to in paragraph (b) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.
Warranty regarding use of this Website. The transmission of information over the Internet is not completely secure or error free. In particular, emails to or from the Company and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means.
- Emails to/from the Company may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
- To the maximum extent permitted by law, we will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with, the use of this Website or the use or reliance on information, including any publication or media release, contained on or linked to from this Website. Further, we do not endorse or accept any liability for the contents of any website referred to on, or linked to from this Website.
- The Company does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website.
Links. This site may contain links to other web sites and may on occasion display content or information from other web sites within frames on this Website. We are not responsible or liable for that content or information, and do not warrant the accuracy, currency or suitability for any purpose of that information.
- You authorise us to use personal information from the cookies to provide you with customised offers and information during your next website session in accordance with the Spam Act 2003.
Your obligations when using the Website. In using the Website, you must not:
- (a) Provide us with inaccurate or incomplete information;
- (b) Violate any applicable laws, or use the website for any purpose that is unlawful or prohibited by these terms and conditions;
- (c) Impersonate any person;
- (d) Distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
- (e) Collect or store personal data about other users of the Website; or
- (f) Engage in any other conduct that inhibits any other person from using or enjoying the website.
Governing Law. These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia