1. COPYRIGHT AND TRADEMARK NOTICES
This Site is produced, owned and operated by Australian Beauty Group. The entire content of this Internet Website (the “Site”) is fully protected under all applicable copyright and trademark laws. Users may print a single copy of the content of this Site for their personal non-commercial use only. Further printing, copying, redistribution or publication of any part of this Site is strictly prohibited unless expressly permitted within. All copyright and proprietary notices contained in downloaded materials must be preserved. You acknowledge that all trademarks (whether registered or unregistered) used by this Site are the sole property of Australian Beauty Group or its licensor’s. Nothing contained in this Site should be construed as granting any license or right to use the trademarks, brands, or logos on this Site which cannot be used or copied without express written consent.
2. SERVICE AVAILABILITY
Our site is intended for use by people worldwide, however delivery can only be guaranteed in the following states throughout Australia: Victoria (VIC), New South Wales (NSW), ACT, Queensland (QLD), Northern Territory (NT), Western Australia (WA), South Australia (SA) & Tasmania (Tas).
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding and purchasing contracts; 3.1.2 You are at least 18 years old;
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us in accordance with these terms and conditions. After placing an order, you will receive an e-mail from us acknowledging that we have received your order (Order Acknowledgement). Please note that this does not mean that your order has been accepted. Acceptance of your order will take place and the sale contract between us (Contract) will be formed when we dispatch the ordered products to you unless we have notified you that we do not accept your order or you have cancelled it. 4.2 The Contract will relate only to those products which we dispatch. We will not be obliged to supply any other products which may have been part of your order unless and until we dispatch such products.
5. CONSUMER RIGHTS
No. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Our delivery charges and estimated delivery timescales are specified in our “Shipping” section. We make every effort to deliver goods within the estimated timescales, however delays may occasionally occur due to unforeseen circumstances and we shall not be liable for any delay or failure to deliver within such timescales.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery. 7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 8.2 These prices include GST but may exclude delivery costs, which will be added to the total amount due as set out in our “Delivery Policy” section. 8.3 Prices are liable to change at any time, but changes will not affect orders which we have already taken. 8.4 Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. 8.5 We are under no obligation to provide the product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing. 8.6 Payment for all products must be by credit or debit card through our PayPal payment gateway. We accept payment with Visa Credit and Debit, MasterCard, and Amex (inshore only) only. We take payment from your card at the time we receive your order, once we have checked your card details. Products are subject to availability. In the event that we are unable to supply any product we will inform you as soon as possible. A full refund will be given where you have already paid for the product.
9. OUR REFUNDS POLICY
9.1 When you return a product to us (for instance, because you have cancelled the contract between us, or have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the product is defective), we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective product. 9.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 9.3 Products returned by you within the seven-day cooling-off period (see paragraph 5.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. 9.4 Products returned under our trading terms can only be refunded if you have had a consultation with our therapist prior to purchase.
10. OUR LIABILITY
10.1 We warrant to you that any product purchased from us through our site is of satisfactory quality. 10.2 Our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product. 10.3 This does not include or limit in any way our liability: 10.3.1 for death or personal injury caused by our negligence; 10.3.2 for fraud or fraudulent misrepresentation; or 10.3.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. 10.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence) or breach of contract.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
All notices given by you to us must be given to head office via www.painmate.com.au. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 12. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns. 13.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. 13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event). 14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 14.2.1 Strikes, lock-outs or other industrial action. 14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 14.2.5 Impossibility of the use of public or private telecommunications networks. 14.2.6 The acts, decrees, legislation, regulations or restrictions of any government. 14.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.1 We have the right to revise and amend these terms and conditions from time to time. 18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we dispatch the relevant products to you (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the products).
19. LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by Australian law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of Australia.