These Terms and Conditions (Terms) govern Your use of SKIN by lucy website located at skinbylucy.com.au (our Site) and form a binding contractual agreement between you (You, Your) and SKIN by lucy ABN 98195488770 (SKIN by lucy, We, Us).
By using this Site, You acknowledge and agree that You have had a sufficient opportunity to read and understand the Terms and that You agree to be bound by them. If You do not agree to be bound by these Terms, please do not continue to use the Site.
These Terms were last updated in February 2021.
ORDERS
Once You submit an order, You cannot cancel it. All orders are subject to acceptance by Us, at our discretion.
SPECIAL OFFERS
We may provide special offers in relation to our products from time to time. At any time, We may terminate any special offer without notice in advance. If terminated, a special offer will continue to apply to products You ordered in good faith in accordance with these Terms before the special offer was terminated.
PRICES
All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.
SHIPPING AND DELIVERY
Orders within Australia
We charge a fixed cost of $10 for deliveries within Australia (as varied from time to time and subject to a surcharge for large orders). To find out the shipping charges that apply to You, simply add the items to Your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before You make any payment. It is Your obligation to enter the correct delivery address details at the time of ordering.
We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most Australian orders should arrive within 7 business days after dispatch depending on the destination. It is Your responsibility to inform us promptly if an order does not arrive either by emailing info@skinbylucy.com.au within a reasonable period we will lodge an enquiry with the courier and advise You of any issues that are discovered.
PAYMENT
The full payment for Your order (including the product price and applicable delivery charges) is deducted from Your credit card on completion of Your order. Delivery will commence once payment has been processed and validated.
Large transactions may involve additional screening and We will require confirmation on key details before we proceed to fill the order. In this event, We will contact You. In some cases this may delay Your order by a short period.
ERRORS
From time to time there may be errors on our Site such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, We may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If Your credit card is charged for the purchase and We cancel the order, We will notify You and credit Your credit card account for the amount charged.
AVAILABILITY
All products are offered for sale subject to available stock. If an item is out of stock, We may contact You to offer a substitute. If You do not accept a substitute item and Your credit card has been charged for an item that is out of stock, We will cancel Your order and issue a credit to Your credit card account in the amount charged. If You order products and some are not in stock, You agree that we may fill that part of Your order for which stock is available.
DAMAGE
If You receive any products in a damaged condition, We may issue You a credit in the amount paid for the products or send replacement products at our discretion if You notify us within 7 days of the delivery date. We may ask You to provide proof of the damage, as a condition of refund or replacement.
PRODUCT WARRANTIES
To the extent legally permitted, We exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any products or services supplied by Us (Warranties), other than those implied by statute which may not be legally excluded. Any liability We may have to You under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the products or services again or repairing, or paying the costs of repairing, the products, at our option.
Orders outside Australia
Deliveries outside Australia should arrive within 5-20 business days after the order has been shipped, depending on your delivery address, subject to any customs processing delays. Deliveries to remote areas may take longer. All international deliveries will be sent with tracking – in the rare case this isn’t possible for your particular country we will contact you prior to dispatch to discuss your options. International orders are sent without requiring a signature on receipt.
International customers may be required to pay sales tax, duty and/or customs charges. We suggest contacting your local customs office if You are unsure of the applicable taxes and customs fees that are relevant to You. SKIN by lucy will not be responsible for any additional taxes and customs charges that are requested during the shipment of your order.
Once Your order has been shipped, You will receive an email containing tracking details on how to follow Your order’s journey to Your door.
Where a product is not available, and a back-order is required, we will contact You as soon as possible to advise You.
SKIN by lucy is not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle You to cancel Your order. You have the option to have Your Item delivered with or without a signature of receipt. If You choose to have the Item delivered without a signature of receipt You are responsible for any loss or damage after delivery. If You choose to sign for Your Item You will generally need to be available between 7am and 5pm to receive the delivery. You have the option to choose a different delivery address than Your billing address. For example You may want to use Your work address for delivery if Your employer’s workplace policies allow this. If You do not answer when the courier tries to deliver Your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, We are not liable for any loss or damage as a result of You failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
RETURNS
In addition to Your statutory rights, if You change Your mind we will happily exchange or refund Your item/s providing the following conditions have been met:
- The items are returned within 30 days of the purchase date and the original sales receipt is present; and
- Items must be in original condition as purchased and the product has not been opened.
Returns/exchanges can be sent to:
SKIN by lucy
25 Suzana Place
Rowville, VIC, 3178
If You return items to us that do not comply with the above requirements, we will return them to You at Your cost.
If You experience packing problems, please check Your items against Your receipt. If there are any discrepancies, please email info@skinbylucy.com.au as soon as possible and within 30 days of purchase date.
INTELLECTUAL PROPERTY
All material on our Site or otherwise delivered by Us, including but not limited to trade marks, logos, and service marks, text and graphics (Our Content), is subject to copyright. While You may browse or print Our Content for non-commercial, personal or internal business use, You must obtain our prior written permission if You’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that You do not acquire any ownership rights by using our Site or Our Content.
The trade marks displayed on our Site are registered or unregistered trademarks (Marks) of the SKIN by lucy and/or its directors and officers. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to SKIN by lucy in any manner that is likely to cause confusion with customers, or in any manner that disparages SKIN by lucy. Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
The name of SKIN by lucy may not be used in any way, including in advertising or publicity pertaining to distribution of Our Content without the prior written permission of SKIN by lucy.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that SKIN by lucy will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
LIMIT OF LIABILITY
The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Law.
We do not make any express or implied representation or warranty about, and shall not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with our Site or Our Content.
In no event will We be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon our Site or Our Content.
These limitations and terms include (but are not restricted to) loss or damage You might suffer as a result of:
- Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by You (including third party material and advertisements).
- Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
- Accessing sites or servers maintained by other organisations through links on our Site or products or services. Links are provided for convenience only. We do not endorse linked sites nor their products and services and You access them at Your own risk.
- The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
WARRANTIES
To the extent legally permitted, We exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any products or services supplied by Us (Warranties), other than those implied by statute which may not be legally excluded. Any liability We may have to You under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the products or services again or repairing, or paying the costs of repairing, the products, at our sole discretion.
YOUR INDEMNITY
You indemnify Us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by You or Us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by You or Your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through the use of our products or services.
PRICING POLICY
We reserve the right to change any of the products or services at any time without prior warning or notice.
We reserve the right to change all treatment, product and service prices at any time without further notice. Treatment prices may vary from client to client depending on program, service or product sold to or brought by the individual client based on their personalised needs.
RIGHT TO TERMINATE
We reserve the right to terminate Your use of our Site or our products and/or services generally if You breach these Terms, as determined by Us in our sole discretion. Refunds are not provided for our products and/or services that have been rendered by Us, including where You have been given access to Our Content whether accessed by You or not, unless We are in breach of the Australian Competition and Consumer Act 2010.
Refunds will be provided where required under the Australian Consumer Law.
DISPUTE RESOLUTION
Should a dispute arise between us, We strongly encourage You to contact Blue Angel Skin + Beauty by email to info@skinbylucy.com.au to seek a resolution. Any reasonable requests will be considered and SKIN by lucy will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
APPLICABLE LAW
These Terms are governed by the law of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Australia and its appellate courts.
AFFILIATE DISCLOSURE
As affiliates of certain products and services We may receive compensation for recommending and promoting products/services linked to from our Site.
ENTIRE AGREEMENT
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between You and Us concerning its subject matter and supersedes all prior communications.
ALTERATIONS
We may alter these Terms from time to time by posting the altered version on our Site. You should visit our Site regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via our Site after the alteration takes effect.
LINKS
You are welcome to create links from Your website or social media account to our Site. However, You must not use SKIN by lucy Marks for this purpose, unless You have SKIN by lucy permission.
Our Site may contain links to sites not owned or operated by SKIN by lucy. Any links to third party sites on our Site are purely for information purposes only and for Your convenience. By no means does this indicate that we endorse, sponsor, affiliate or recommend any products, services or content within third party sites and solely exclude ourselves from any liability associated with their site content, its owners or its providers. It is Your personal responsibility to ensure that any information on products or services available on our Site meets Your specific individual needs and We take no responsibility for the misuse of this information.