TERMS & CONDITIONS

These Terms and Conditions constitute a legally binding agreement between Microskin International Pty Ltd (ACN 104 977 291) (“Microskin”) and the customer (“you”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from microskin.com.au. By placing an order for Goods from Microskin International Pty Ltd you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

Microskin reserves the absolute and unfettered right to change Microskin’s Terms & Conditions at any time without any prior notification.

If a customer does not understand any of Microskin’s Terms & Conditions, they should ask for clarification from a member of the Microskin staff.

1 DEFINITIONS

In these Terms and Conditions:

“Account” means a personal account created by you on the Website;

“Delivery Charge” has the meaning given in Section 3.3;

“International Delivery Charge” has the meaning given in Section 3.4;

“Order” means an order for Goods, placed on the Website;

“Password” means the password needed to access your Account;

“Website” means microskin.co

2 YOUR LEGAL RIGHTS

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Microskin represents they will be fit for and that the Goods will correspond with any description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3 PRICING & TAXES

3.1 Prices for Goods are as shown on the Website.

3.2 Microskin reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Microskin.

3.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.

3.4 If Microskin agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.

3.5 By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any International Delivery Charge.

3.6 All prices and Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

4 YOUR ACCOUNT

4.1 If you do not already have an Account you will need to create one before placing an Order.

4.2 You may not set up an Account for someone else.

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to Microskin that all information provided by you in relation to your Account is complete, true and accurate

4.4 You must notify Microskin immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Microskin 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: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Microskin, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6 If Microskin suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Microskin then you must pay Microskin the amount of that loss, damage, cost or expense if Microskin asks you to.

5 ORDERS

5.1 You can place an Order by following the instructions on the relevant Microskin website.

5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable International Delivery Charge. Microskin may accept or reject your offer in its absolute discretion. In particular, but without limitation, Microskin may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact Microskin International Pty Ltd directly.

5.3 Each Order that you place will, if accepted by Microskin, be a separate and binding agreement between you and Microskin with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Microskin with their personal information and, by placing an Order, you confirm to Microskin that you have done this.

5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to Microskin that all information provided by you in relation to each Order is complete, true and accurate.

5.6 Please check your Order carefully (including the colour and quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Microskin. Microskin will use reasonable endeavours to cancel or change the Order if it has not already been processed but makes no representation that it will be able to do this. Please note colours may vary slightly from

5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Microskin 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 Microskin, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge / International Delivery Charge will apply to each Order. Microskin cannot consolidate separate Orders into one delivery.

5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the Goods are of different types (e.g. a colour and powder).

5.10 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

5.11 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.

5.12 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.

5.13 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Microskin 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 of the events set out in Section 5.11 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.

6 AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

6.1 When you submit an Order you will receive an email which includes an Order ID number. Please note that this is not a confirmation that your Order has been accepted. At this time Microskin will take a pre-authorisation from your payment method (excluding gift cards). However, actual payment is not taken at this time and is made in accordance with clause 6.4 below.

6.2 If Microskin is unable to fulfil your Order it will send you an email cancelling your Order as soon as practicable.

6.3 In the event that your Order is cancelled following the taking of the pre-authorisation, the pre-authorisation will be cancelled. The time that it takes for the pre-authorisation to be cancelled is likely to be between 1 and 10 days and will depend upon how quickly your financial institution/payment provider processes the cancellation.

6.4 Microskin will process payment for your Order before dispatch of the Goods to you. At this time Microskin will send you an email confirming that payment has been made and that the Goods have been dispatched. This email represents confirmation that your Order has been accepted.

6.5 When Microskin accepts an Order it represents an agreement by Microskin to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.6 You must pay for Goods by credit card (Visa or MasterCard) or Microskin gift card. The name on the credit card/gift card must match the name on the Order. By providing your credit card/gift card you authorise Microskin to deduct the price and the applicable delivery charge(s) from such card.

6.7 Microskin reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.8 Microskin may not be able to, or may decline to, accept payment from you by your nominated payment method at any time 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. Where this is the case, your Order will be placed on hold and Microskin will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with Microskin’s requests within the timescale specified, Microskin may cancel your Order.

6.9 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

7 CANCELLATION OF ORDERS

7.1 Microskin reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Microskin may do this for example, but without limitation, where:

(a) Microskin’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond Microskin’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Microskin is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask Microskin to cancel your Order in accordance with section 5.6; or

(e) in the circumstances set out in Section 6.8.

7.2 You may cancel your Order where Microskin:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods;

(ii) which was outside Microskin’s control including the situations set out in Sections 7.1(a) and (b) above;

7.3 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Microskin 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.

8 AVAILABILITY OF GOODS/REFURBISHED STOCK

8.1 As Microskin is dependent upon its Suppliers to provide stock, Microskin cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Microskin reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Microskin 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 the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9 DELIVERY

9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.2 Following dispatch of your Goods, Microskin will email you with confirmation of dispatch and an invoice for your Order.

9.3 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Microskin may charge you a reasonable fee for doing this.

9.4 Where an Order is to be delivered outside Australia, delivery is likely to take between 1-2 weeks by air mail.

10 DELAY IN AVAILABILITY OR DELIVERY OF GOODS

10.1 You agree and acknowledge that:

(a) Microskin does not guarantee the delivery or availability of Goods within the timeframes set out in Sections 9.9 above or otherwise specified by Microskin or any of its staff;

(b) events outside Microskin’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;

(c) delays are particularly likely to occur around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Microskin nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

11 IFT CARDS

11.1 The terms and conditions for Microskin gift cards can be found at microskin.com.au.

12 REFUNDS OF YOUR MONEY

12.1 Where Microskin is obliged to refund your payment pursuant to these Terms and Conditions, Microskin aims to initiate your refund within 5 business days (Monday – Friday 9am to 5pm Brisbane time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

12.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Microskin 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 any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

13 RETURNS/FAULTY OR DAMAGED GOODS

13.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Microskin as soon as possible.

13.2 If you have a problem with any Goods or otherwise wish to return them please refer to Microskin’s Returns Policy which forms part of these Terms and Conditions.

13.3 When returning Goods:

(a) please provide Microskin with your proof of purchase;
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

13.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

14 MORE INFORMATION ABOUT MICROSKIN LIABILITY TO YOU

14.1 To the full extent permitted at law, Microskin is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect or consequential loss arising in connection with any Order or Account.

15 PRIVACY

15.1 We are committed to ensuring the privacy of any personal information we may collect about you.

15.2 We will comply with the terms of our privacy statement which you can find located at microskin.com.au.

16 GENERAL

16.1 Microskin reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

16.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

16.3 These Terms and Conditions are governed by the laws of Brisbane, Australia.



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