Terms and Conditions
Please take the time to read these terms and conditions. By using Our Website and the Products and information offered on Our Website, you are agreeing to these terms and conditions, which you will be directed to read prior to making your purchase.
Definitions
Products means any item specified in the order.
The Website means the website agencyskin.com.au.
We / Us / Our means AGENCYskin and any subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
Use
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Products.
If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Products offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Products or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Products. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:
Trademarks
The trademarks and logos contained on this Website are trademarks of AGENCY Skin. Use of these trademarks is strictly prohibited except with Our express, written consent.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Products. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Products are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Products.
Information Collection
Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Products, is governed by our Privacy Policy. By using this Website and the Products associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.
Confidentiality
All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Australia.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Refund Policy of AGENCYskin
This Refund Policy ("Policy") applies to the following purchases: purchases through www.agencyskin.com.au.
General
1.1. We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy ("Policy").
1.2. Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
1.3. Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.
Australian Consumer Law
2.1. Under the Australian Consumer Law:
(a) Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
(i) to cancel your service contract with us; and
(ii) to a refund for the unused portion, or to compensation for its reduced value.
(b) You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
2.2. We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
2.3. The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.
2.4. If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
2.5. Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
2.6. If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
2.7. If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.
Cancellation and Change of Mind
3.1. We do not offer any refund if you change your mind, or find the same product or service cheaper elsewhere.
Products Damaged During Delivery
4.1. In the event that the product you ordered has been damaged during delivery:
(a) Please contact us as soon as possible.
(b) Any damaged product must be returned in the condition in which it was received, together with any packaging and other items which you received with the damaged product.
4.2. We will arrange to repair or collect the damaged product and replace it with an equivalent product, or to refund it, provided that you have contacted us within the following time from the date of receipt of the product: 7 days.
Exceptions
5.1. Notwithstanding the other provisions of this Policy, we may refuse to provide a repair, replacement or refund for a product or service purchased by you if:
(a) You misused the said product in a way which caused the problem.
(b) You knew or were made aware of the problem(s) with the product or service before you purchased it.
(c) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.
(d) Any other exceptions apply under the Australian Consumer Law.
Shipping Costs for Returns
6.1. In the event that a product you have purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law, we shall bear any cost of shipping the said product (the "Returned Product") back to us, as well as any cost of shipping any replacement product to you.
6.2. If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
6.3. If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
6.4. In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
Response Time
7.1. We aim to process any requests for repairs, replacements or refunds within 5 days of receipt.
How to Return Products
8.1. You can contact us at the end of this Policy to discuss a return using the information.
8.2. Unless otherwise defined in our sole discretion, we shall pay all refunds in the same form as the original purchase or to the same account or credit card used to make the original purchase.
8.3. To be eligible for a refund, repair or replacement, you must provide proof of purchase.
8.4. You may be required to provide government-issued identification to qualify for a refund, repair or replacement.
Contact Us
9.1. If you wish to speak to us about this Policy or about any refund, repairs or replacements, please contact us at: [email protected]
