In these terms and conditions, “we” “us” and “our” refers to Skinvigor8. Your access to and use of all information on this website, including purchase of our products, is provided subject to the following terms and conditions. The information is intended for residents of Australia only. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as stated. We therefore recommend you revisit these terms and conditions each time you access our website.
1. In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our registration page. We reserve the right to use your contact details for purposes of contacting you directly or via our social media, unless expressly requested otherwise.
2. You agree to ensure your registration details are true and accurate at all times and you undertake to update your registration details when they change. On registration, we provide you with a password to access your account in future.
3. On registration, you agree to pay for our services as set out on our website.
4. We reserve the right to terminate your registration at any time if you breach these terms.
5. Our services are intended to be used by registered users within Australia only.
Our Website Services
6. All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time, however once you have placed an order, we undertake to fulfill your order according to the price listed at the time of placing that order.
7. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
8. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that product.
9. We endeavour to ensure that our product list is current, however we give no undertaking as to the availability of any product advertised on our website.
10. All prices are in Australian Dollars (AUD) and are inclusive of GST.
11. Packaging and postage is an additional charge, calculated at time of purchase.
12. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission, or due to virus or malware.
13. We undertake to accept or reject your order within 7 days. If we have not responded to you within 7 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your order will be that we do not currently have that product in stock.
14. Delivery of your ordered product/s will be as set out on our website. Title to goods passes to you when we have received payment.
15. All risk of loss or damage to the goods passes to you when we despatch the goods.
Order Cancellation Due to Error
16. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
17. We undertake to replace any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, please contact us via our website under the My Account tab to discuss.
18. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase, including packaging and postage charges.
19. When you visit our website, we give you a limited licence to access and use our information for personal use.
20. You are permitted to download a copy of the information on this website to your computer for your personal use only, provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
21. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
22. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
23. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content, maintenance of, or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website, nor of the information and/or products which they provide.
24. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
25. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
26. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
27. Any comment, feedback, idea or suggestion (herein called “comments”) which you provide to us through this website becomes our property. If in future we use your comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
28. If you provide us with comments, you acknowledge that you are responsible for the content of such material, including its legality, originality and copyright.
29. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied. This includes, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
30. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
31. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
32. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statutory Guarantees and Warranties to Consumers
33. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:
(i) Schedule 2 of the C&C Act; and
(ii) Those statutory guarantees, all of which are given to you, the consumer.
34. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then we will:
(ii) Provide again or rectify any services or part of them that are defective; or
(iii) Wholly or partly recompense you if they are defective.
35. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:
(i) We will repair or replace the goods or any part of them that is defective.
(ii) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
Limitation of Liability
36. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause
has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:
(i) We accept no liability for any loss whatsoever including consequential loss.
(ii) We do not accept liability for anything contained in the post of a user.
(iii) We do not participate in any way in the transactions between our users.
37. By accessing our website, you agree to indemnify and hold us harmless from all claims.
(i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
38. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
39. These terms and conditions are to be governed by and construed in accordance with the laws of Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Australia and you agree to submit to the jurisdiction of those Courts.
40. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
41. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.
This privacy notice discloses the privacy practices for the website skinvigor8.com.au. This privacy notice applies solely to information collected by this website. It will notify you of the following:
- (i)What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you regarding the reason you contacted us. We will not share your information with any third party outside of our organisation, other than as necessary to fulfil your request such as to ship an order.
Your Access to and Control Over Information
You may opt out of any future contact from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
- See what data we have about you, if any.
- Change/correct any data we have about you.
- Have us delete any data we have about you.
- Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
We request information from you on our order form. To buy from us, you must provide contact information (including your name and shipping address) and financial information (such as your credit card number and expiration date). This information is used for billing purposes and to fulfil your orders. If we have trouble processing an order, we’ll use this information to contact you.
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.