Terms of Service
TERMS AND CONDITIONS
This website is operated by Skin Elements (Skin Elements Limited ABN 90 608 047 794 and SE Operations Pty Ltd ABN 80 110 352 424 of 1242 Hay Street West Perth Western Australia 6005 Australia). Throughout the site, the terms “we”, “us” and “our” refer to Skin Elements.
Your access and use of this Site, including the purchase of any products in Skin Elements range of products from time to time (Products) through this Website, is conditional upon your acceptance and compliance (as relevant) with the provisions contained on this webpage and elsewhere on this Site (which together will be referred to as the Terms and Conditions).
Our website store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you.
Please read these Terms and Conditions carefully before accessing or using our website.
These Terms and Conditions apply to all users of this Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using any part of the site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access or use our the website.
This Site is created and controlled by us in the State of Western Australia. The laws of the Commonwealth of Australia, and where applicable, the State of Western Australia, will govern these Terms and Conditions, the use of the Site by you and the purchase of any Products by you through this Site. By using the Site you agree to submit to the jurisdiction of the courts of Western Australia and any courts of appeal therefrom and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legal binding contracts under applicable law. If you are under 18 years of age, then you must obtain your parent or legal guardian’s consent before accessing and using this site.
USE OF SITE
You may use the content of this Site only for the purpose of shopping on this Site or placing an order on this Site and for no other purpose. You must not use this Site in any manner in any manner that violates any right of Skin Elements, or, use it for any purpose that is unlawful, or, or that is prohibited by the Terms and Conditions or breaches any applicable law in Australia or elsewhere relating to your use of or access to this Site.
Your use of and/or access to this Site is conditional on you NOT doing any of the following:
- disrupt, interfere with the security of this Site or anything connected to or used to host or provide this Site;
- restrict, inhibit or interfere with any other person’s use or enjoyment of this Site;
- distribute, post or transmit any material of any kind which is indecent, defames, harasses, threatens, menaces or offends any person or is misleading and/or deceptive;
- infringe the intellectual property rights or other rights of any person;
- make fraudulent, misleading or speculative enquiries, purchases, orders or requests through this Website (including creating accounts or submitting orders by automated means); and
- violate any applicable law.
Any unauthorised use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the prior written consent of Skin Elements.
All rights not expressly granted to you in the Terms and Conditions are reserved by Us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO PRODUCTS AND PRICES
Prices for our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue any Products (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Products.
Intellectual Property Notice
This Site is owned and operated by Skin Elements.
The copyright to all content on this Site including site design, logos, icons applets, graphics, images, layouts and text belongs to Us or have a licence to use those materials.
All software used on the site is the sole property of Us or those supplying the software to Us.
All trade marks, brands and logos which are used on this Site are generally either owned by Us or We have a licence to use them. Your access to this Site does not license you to use those marks in any commercial way without Our prior written permission.
Any comment, feedback, idea or suggestion (Comments) which you provide to Us through this website becomes Our property. If in future We use your Comments in promoting Our Site 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.
If you provide Us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimer, Limitation of Liability and Indemnity
The Competition and Consumer Act 2010 (Cth), the fair trading legislation in each Australian state or territory and other laws imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms (Prescribed Terms). Except as provided by the Prescribed Terms, or as expressly elsewhere provided in the Terms and Conditions:
- This Site is provided for use on an “as is” basis without any warranties of any kind;
- To the maximum extent permitted by law, all implied warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed;
- Skin Elements, its directors, employees and distributors, do not warrant that Your access to this Site will be uninterrupted or that this Site will operate error free, that any defects will be corrected or that this Site and its servers are free of computer viruses, trojans, spyware and other harmful data, code, components or other material;
- Skin Elements, its directors, employees and distributors, do not warrant that they will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of this Site, or that they will give notice of such use, modification or alteration;
- Skin Elements, its directors, employees and distributors, do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the material in this Site. The use of this Site is at your own risk. Changes are periodically made to this Site and may be made at any time; and
- If your use of this Site results in the need for servicing or replacing equipment or data, Skin Elements, its directors, employees and distributors are not responsible for those costs.
If a jurisdiction does not allow the exclusion of implied warranties but allows limitations of a certain maximum extent then We limit Our warranties to that extent.
To the maximum extent permitted by law, except as provided by the Prescribed Terms or expressly in the Terms and Conditions, Skin Elements, its directors, employees, suppliers, and distributors shall not be liable for any indirect, incidental, special, consequential and/or punitive loss or damage, including loss of profits, revenue, expectation, business, savings, unavailability of systems or loss of data, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with any use or access of, or any inability to use or access, this Site, any order of Products or the Terms and Conditions.
You indemnify Skin Elements. against any losses, liabilities, costs or other expenses incurred by Skin Elements, in connection with, or arising directly or indirectly as a result of, Your use of or access to this Site or any breach or violation of the Terms and Conditions.
We may terminate these Terms and Conditions and Your access to this Site at any time without notice. In the event of termination you must immediately cease accessing and using this Site and (at our option) return any hard copies of the Material to We are Feel Good Inc. or destroy any hard copies and any other electronic copies of the Material within Your control or possession.
We may terminate any Order in the event that you breach the Order or the Terms and Conditions.
Our obligations under the Terms and Conditions or an Order are suspended during the time and to the extent that We are prevented from complying with them by any circumstances beyond Our reasonable control. You may not assign or deal with the Terms and Conditions or an Order.
The Terms and Conditions and each Order constitute the entire agreement between you and Us.
If any provision of the Terms and Conditions or an Order is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions or the Order, which will continue in full force and effect.
If any provision of this these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
You are not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by Us.
The failure by Us to enforce any provision of term and condition of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Our right to subsequently enforce that provision.
The description, illustration and performance of any Product contained in Our catalogue, marketing material, price list or advertising does not form part of the Terms and Conditions unless implied by Statute and are not capable of being contracted out of.
Any representation made about fitness for purpose is only made for general guidance only and you should fully satisfy yourself that the Product will meet your requirements and will be suitable for your intended purpose.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at email@example.com.
Our contact information is posted below:
Skin Elements Limited
1242 Hay Street, West Perth, WA, Australia, 6005.
08 6311 1900
ABN: 90 608 047 794