Terms of Service

TERMS AND CONDITIONS OF SALES

SECTION 1 – GENERAL

This Agreement is a legally binding contract between the entity named on the invoice (the Customer) and Clearskincare Pty Ltd (ABN 52 834 137 972) & clearskincare.com.au. 
Clearskincare agrees to supply the Customer goods and/or services subject to the terms and conditions set out in this Agreement. The Customer, in purchasing the goods as specified in clearskincare.com.au, acknowledges agreement with these terms and conditions.
 All goods and services are supplied on these terms and conditions only. Previous dealing shall not vary or negate these terms and conditions in any respect.
 All sales shall be deemed made in the state of New South Wales of Australia regardless of the location of the Customer. Any dispute with Clearskincare regarding a purchase from clearskincare.com.au shall first be dealt with through PayPal dispute resolution processes and only after all other avenues have been exhausted will the dispute be brought by the Customer exclusively in the state or federal courts situated in the State of New South Wales.

SECTION 2 – ORDERS

The Customer shall order goods from clearskincare.com.au. Each listing will specify: the date of the purchase; the good(s) ordered and descriptions thereof; an estimated delivery date; price, tax (if applicable) and delivery and handling charge; and terms and conditions in addition to this Agreement and PayPal rules. 
Please ensure that care is taken before purchasing. Clearskincare’s terms are payment before delivery.
 To minimise errors and improve efficiency, the Customer is required to submit their details in relevant fields PayPal’s on-line payment system.

SECTION 3 – PAYMENT

Payment terms in respect of each order are strictly Cash Before Delivery (CBD). Clearskincase shall issue the Customer with a PayPal invoice prior to the delivery of the goods.
The Customer is obliged to complete the transaction, i.e. pay for the goods, once they have initiated the purchasing process, via PayPal checkout or by entering Amex, Visa or Mastercard details.

SECTION 4 – PRICES AND TAXES

All prices are in Australian dollars and are inclusive of GST unless otherwise stated in receipts issued. Clearskincare reserves the right to make adjustments to information or pricing with or without notice due to typographical errors, market fluctuations, manufacturers price changes etc that may occur at any time.

SECTION 5 – ORDER CANCELLATIONS AND LIMITATION OF LIABILITY

The Customer may not alter, change of address inclusive, or cancel an order without Clearskincare’s prior written consent. Approved order alteration and cancellations shall be subjected to a service/restocking charge of up to 10% of the purchase price or A$25 whichever is higher to indemnify Clearskincare against any loss, damage and expense incurred in relation to the alteration or cancellation of that order. Orders cannot be altered or cancelled once goods have been dispatched. The service/restocking charge does not apply to items that are not fit for their intended purposes, or not matching the description provided. 
Clearskincare shall not be liable in any way for any loss or damage (including loss of trade or profit and economic loss) incurred by the Customer in the event that delivery or supply of the goods or services ordered is frustrated or delayed by any circumstances beyond the reasonable control of Clearskincare. Under such circumstances, Clearskincare shall be entitled at its option to either extend the time for delivery until a reasonable period after such cause has ceased or to terminate the sale and in neither case shall the Customer have any claim for loss or damage against Clearskincare.
Clearskincare shall be entitled to cancel or suspend an order for goods or services, without liability to the Customer, by giving the Customer notice in writing.

SECTION 6 – WARRANTY

Clearskincare warrants that the new product(s) the Customer purchased are free from manufacturing defects in material and workmanship when dispatched from Clearskincare’s warehouse. New products exhibiting manufacturing defects in material and workmanship must be returned, at the expense of the buyer, to Clearskincare within 7 days of receipt of their products.
 The invoice is the proof of purchase. No warranty claim will be accepted without a proof of purchase.
 Customers will be provided with Post Office Service details for the case of missing orders and wrong dispatch. All items must be returned to Clearskincare within 7 days of receipt of the product.
 This warranty or a claim made under it may be refused if the defect claimed has arisen for reasons other than faulty or defective parts or workmanship. Circumstances in which a warranty claim may be invalidated include, but are not limited to, the following: 
a) The product is damaged by accident; misuse or abuse, including failure to properly maintain or service; normal wear and tear; improper or inappropriate operation; insect or vermin infestation; 
b) The product is modified without Clearskincare’s written authorisation; Compatibility and change of mind are not included in this warranty; no refund will be given for non-compatible products (except otherwise stated in the listing as compatible) or where the Customer changes their mind.

SECTION 7 – DELIVERY

Unless the contract specifies the means by which goods are to be transported, Clearskincare will choose the means of transport, the cost of which will be included in postage and handling charges. Unless otherwise agreed by Clearskincare and the Customer in writing, delivery of the goods will be made to the Customer’s nominated address as entered by the Customer as their shipping address in the original Clearskincare Shopify order.
 All orders should include a daytime delivery address and contact details. Large orders are unable to be delivered to Post Office (PO) Box numbers. 
International orders are posted by Standard International Post and can be tracked using the tracking number provided by Clearskincare. The deliveries and tracking of these orders, once they have left Australia, are subsequently reliant on overseas postal services. Clearskincare will provide as much assistance as possible in tracing misdirected items but cannot be responsible for items lost by overseas postal services. 
All international orders may be subject to local Customs duties and/or local taxes in the country of destination. It is the Customer’s responsibility to check with their local authority to ascertain applicable rates. Any additional charge must be borne solely by the Customer.
 Delivery period is specified on the contact page of clearskincare.com.au. All quoted delivery or consignment dates are estimates only. Clearskincare is not obliged to meet such dates and will not be liable to the Customer by reason of delays caused by any reason whatsoever. 
If the Customer fails or refuses to take delivery of the goods, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by Clearskincare as a result thereof, including all storage and handling costs and Clearskincare, at its discretion, may charge a restocking fee. Where the customer has provided a incorrect or old shipping address, orders will be resent at the Customer’s own cost.
 If the Customer requests Clearskincare to postpone delivery of the goods beyond the delivery date specified in the quote and/or the invoice, Clearskincare may agree to do so and charge the Customer an additional fee for direct costs of postponement and storage. 
Clearskincare is deemed to have delivered the goods when the goods are actually delivered to the delivery point nominated by the Customer, or where delivery to the delivery point is not made to reasons which are the responsibility of the Customer (e.g. where courier left delivery card at the Customer’s mailbox), the date when delivery would have been effected.
 Where a shortage in supply of Clearskincare products means a delay in the dispatch of orders, Clearskincare is not liable for any delay. Any claim for damage to the goods ordered must be notified to Clearskincare within 7 days of receiving the goods.

SECTION 8 – FREIGHT AND HANDLING

Clearskincare shall ensure each order is safely and securely packed for transportation to the Customer having regards to: the fragility of the goods; the distance the goods are likely to travel; and the method of transportation used to transport the goods.
 Freight charges are calculated on the basis of weight, location of delivery and insurance charges which vary depending on the value of the product. All freight charges are the responsibility of the customer which are included in the postage and handling charges. 
Freight insurance for loss and damage to the goods during loading/unloading and whilst in transit or otherwise is inclusive in the delivery and handling charges. Clearskincare shall at the Customer’s request provide the Customer with copies of all documents evidencing proof of collection by the nominated carrier.

SECTION 9 – PROMOTIONAL OFFER

All promotions in our website have a limited time period and stock level. Each promotion is deemed to be over whichever finishes first.

SECTION 10 – DISCLAIMER

Considerable care has been taken in the preparation of all materials to ensure that errors and omissions are limited. Even with the greatest care inaccuracies do occur and Clearskincare is therefore not responsible for such errors or omissions. All information provided on this site is subject to change without notice. Photographs and graphics are used for representational purposes only and may not be the exact product or configuration as described. Clearskincare disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. The Customer assumes total responsibility for their use of Clearskincare’s materials. The Customer’s sole remedy against Clearskincare for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation or relief is a part of the bargain between the parties. 
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Clearskincare reserves the right, at its sole discretion, to do any of the following at any time:
 (a) To change, modify, add or remove portions of these terms and conditions, at any time; 
(b) To modify, suspend or terminate operation of or access to the site or part thereof for any reason;
 (c) To modify or change the site or part thereof and any applicable policies or terms; and 
(d) To interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. 
It is the Customer’s responsibility to check these terms and conditions periodically for changes. Continued use of Clearskincare’s website and orders of goods following the posting of changes will mean that the Customer accepts and agrees to the changes.

SECTION 11 – GOVERNING LAW

These terms and conditions are in addition to and do not replace any terms, conditions, and warranties implied by federal and state laws of New South Wales, Australia.

December 2010

Questions about the Terms of Service should be sent to us at clearskincareonline@gmail.com.