Terms & Conditions | EST Skinlab -- Cosmeceutical Skincare

Terms & Conditions


Welcome to the website of EST Skinlab (“Website”). Accessible 24 hours a day, 7 days a week, the www.estskinlab.com.au online store provided by ACSC Trading Co. Pty Ltd trading as EST Skinlab (“EST” or “we” or “us” or “our”) is designed to provide an informative and convenient retail experience for consumers to purchase our cosmetic products online.

Entire Agreement: The following terms and conditions, as well as the terms on ordering, shipping, payment, returns, security and currency found on our website [www.estskinlab.com.au] and other customer service policies and the Website terms of use govern your usage of and purchases made via our Website and constitute the entire agreement between the contracting parties (‘Agreement’). By placing an order, you agree to be bound by this Agreement as amended from time to time.

If you are uncertain about any of the terms of the Agreement, please contact us before you complete any purchase.

1. Our Contract

When you place an order via our Website, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

All orders placed are an offer of purchase and are subject to acceptance by us. If an order is not accepted, we will issue a refund at the earliest possible convenience. We reserve the right to refuse an offer for any reason, including where:

(a) we reasonably believe that the order is being made for the purposes of resale; or

(b) the order may otherwise may result in a violation of the Agreement; or

(c) we reasonably suspect fraud or unauthorised or illegal activity.

We may limit the number of products available for purchase by any one customer to ensure that we are able to supply those products to other customers.

If your requested products are unavailable, we may cancel the transaction and effect a full refund.

2. Pricing and Payment

All prices listed on the Website are in Australian dollars and are inclusive of any Australian Goods and Services Tax (GST), where applicable.

Whilst we try to ensure that all details, descriptions and prices listed on this Website are correct, errors may still occur. If we discover an error in the price of any goods listed, we will correct the error as soon as practicable.

The prices indicated are subject to change at any time without advance notice. However, the products shall be charged to the customer at the rate in force at the time of order validation.

Delivery costs will be charged separately and in addition to cost of the products and/or services. Such additional charges are clearly displayed where applicable and included in the “Total Cost”.

Where paying by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, we reserve the right to cancel the sale. We are under no obligation to ship any goods ordered until payment for those goods is received.

Where paying by credit card, EST reserves the right to claim all cardholder chargebacks where the following does not apply:

(a) Where the credit card was charged without authorisation and there is a reasonable suspicion of identity theft;

(b) Where the purchased items(s) was never received, or received in a defective state or later than promised;

(c) Where there was duplicate billing, an incorrect amount billed or where we fail to issue a refund (where promised).

We reserve the right to claim the full chargeback amount plus any additional administrative or other fees charged by the bank. You are immediately liable to reimburse us for this whole amount, and you agree to take responsibility for same.

We would urge you to contact us as soon as possible regarding any dissatisfaction with your order or for any other issues that you may have before you initiate a chargeback with your card issuer.

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.

3. Credit Card Storage

The site includes a credit card storage function which stores your credit card details through a secure external storage device. Note that as your credit card details are not stored on or through our Website, our staff will be restricted from accessing your credit card details. Regardless, if you are concerned about the security of this secure storage process, we recommend that you do not use this feature.

4. Minimum Order

We do not have a minimum order value.

5. Shipping

Shipping of orders will be governed by our Shipping Policy here

We can only ship to a limited number of countries, which are listed in our Shipping Policy.

We are not responsible for customs charges and restrictions that vary from country to country and which may be incurred from the importation of certain products. The purchaser assumes responsibility for all such charges and fees.

6. Delivery of Goods

6.1. International orders

(a) Unless you request otherwise prior to purchase, all Standard International Orders are sent by SF Express Airmail without insurance. Goods tracking is available.

(b) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person, including as a result of any event that is out of our reasonable control or foresight, including but not limited to any delays caused by our carrier by an incorrect delivery address being provided to us.

(c) Should you request for insurance cover for your delivery, we may charge an extra cost to you. We will not cover any loss of goods that are not insured.

(d) Delivery to countries outside Australia may take a longer time, depending on region, to arrive.

(e) All customs/import fees/taxes and duties are the responsibility of the customer.

(f) For non-delivery of goods, please notify us by email as soon as possible


6.2. Domestic orders

(a) Unless you request otherwise prior to purchase, all standard orders within Australia are sent by Australia Post without Insurance. Goods tracking is available.

(b) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person, including as a result of any event that is out of our reasonable control or foresight, including but not limited to any delays caused by our carrier by an incorrect delivery address being provided to us.

(c) Should you request for insurance cover for your delivery, we may charge an extra cost to you. We will not cover any loss of goods that are not insured.

(d) For non-delivery of goods, please notify us by email as soon as possible

7. Receipt of Goods

(a) You must inspect the goods immediately upon receipt. If the goods are not in accordance with the specified requirements, then you must notify us within 7 days of receiving the goods. If you fail to give such notice, you will be deemed to have accepted that the goods are, in all respects, in accordance with the specified requirements.

(b) Paragraph 7(a) does not apply where the goods concerned are subject to consumer guarantees imposed under the Australian Consumer Law. Please refer to paragraphs 9 and 10 below.

8. Refund Policy

Please refer to our Returns & Exchanges here.

9.Use of Products

All products available on our Website are for the customer’s personal use only. You may not sell or resell any products purchased via our Website or which you otherwise receive from us, including product samples.

The customer, in purchasing the products, agrees to use such products only for their intended purpose and strictly in accordance with their instructions, precautions or guidelines. Any other use will cause the customer to assume full responsibility for any loss or damage arising out of their use. Questions as to use may be directed to us via email to info@estskinlab.com.au.

You should always check the ingredients for products to avoid potential allergic reactions.

If any minor uses any product purchased through the site it should only be under supervision of their parent or legal guardian, or after their parent or legal guardian has discussed the such use of the product with the minor’s doctor.

10. Limitation of Liability

(a) To the full extent permitted by law, we do not make any express or implied representations or warranties regarding any matter, including merchantability, fitness for a particular purpose or use in relation to any product supplied by us.

(b) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.

(c) We assume no liability to the extent that a failure of the goods is attributable to any act or omission on your part.

(d)Our liability for failure to comply with a consumer guarantee is limited to:

-- (i) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and

-- (ii) in the case of services supplied by us, the supply of the services again or the payment of the cost to the customer of having the services supplied again.

(e) Subject to the prior paragraphs 10(b)-(d), no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.

(f) In all other respects, our total liability for loss or damage of every kind, whether:

-- (i) arising pursuant to the terms of service; or

-- (ii) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to the value equivalent to the sum paid by you to us for the goods.

(g) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.

11. Warranty Disclaimer

(a) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

(b) The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

12. Title and Risk

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

13. Breach and Termination

If you breach any provision of this Agreement, we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Website. In any event, we may terminate the Agreement and your rights to use the Website at any time and for any reason without prior notice to you.

14. Conclusion of this Agreement

The Agreement for sale is deemed to be concluded upon handling over of goods to the designated carrier.

15. Membership

EST Skinlab membership is governed by the terms here

Capacity
A member profile can only be created with us by persons with capacity to contract, who are over the age of 18, unless they have the permission or consent of their parent or guardian.

Security
Where you have created a member profile, you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information, and assume full responsibility for all conduct carried out under this profile. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. We request that you promptly report to us any unauthorised use of your profile and password.

16. Promotions

The terms of our promotional offers are set out from time to time on the Website.

All terms of a promotion must be met. Promotions are limited while stocks last.

Promotions are valid only for the period specified and will end at 11.59pm AEST on the end date, unless otherwise is stated in the promotion terms. If no end date is specified in the terms of any particular promotion, that promotion will be valid only for 6 months from the date that the promotion first became available.

We reserve the right to vary, withdraw or cancel promotional offers for any reason at any time.

17. Governing Law

EST Skinlab (www.estskinlab.com.au) is created and controlled in Victoria, Australia.

These terms of service and all purchases are governed by the laws in force in the Commonwealth of Australia, and, where applicable, the state of Victoria. You agree to submit to the exclusive jurisdiction of the courts of these jurisdictions.

18. General

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

Any waiver of any provision of this Agreement will be effective only if in writing and signed by us. Without limiting the foregoing, no waiver of any term of this Agreement shall be deemed a further and continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

19. Review of Terms

The Agreement is subject to change from time to time without notice. Each order or transaction will be governed by the Agreement in force upon the date of that transaction.

You should frequently review these terms and conditions and any other applicable customer policies, including their dates, to understand the Agreement that applies to your purchases through the Website.

Your continued use of the Website following posting of any changes or modifications constitutes your acceptance of such changes or modifications. If you do not agree with these changes or modifications, you must immediately stop using the Website.

If we find that information displayed on the Website contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability, we reserve the right to correct or update such information or cancel any affected orders without prior notice.

Website Terms of Use

1. Access to Website

We grant you a limited licence to access this site for personal use, and we reserve the right to withdraw or amend the Services without notice. From time to time, we may restrict access to some parts or all of this Website. We will not be liable if for any reason this Website is unavailable at any time or for any period.

All orders placed are an offer of purchase and are subject to acceptance by us. If an order is not accepted, we will issue a refund at the earliest possible convenience. We reserve the right to refuse an offer for any reason, including where:

(a) we reasonably believe that the order is being made for the purposes of resale; or

(b) the order may otherwise may result in a violation of the Agreement; or

(c) we reasonably suspect fraud or unauthorised or illegal activity.

We may limit the number of products available for purchase by any one customer to ensure that we are able to supply those products to other customers.

If your requested products are unavailable, we may cancel the transaction and effect a full refund.

2. Linked Sites

This Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use contained within each such site.

3. Privacy Policy

Our privacy policy sets out how we will use your information, and is accessible at [https://www.estskinlab.com.au/privacy/]. By using this Website, you consent to the processes described the privacy policy and warrant that all data provided by you is accurate.

4. Prohibitions

(a) You must not misuse this Website. You will not:

-- (i) commit or encourage a criminal offense;
-- (ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material

which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

-- (iii) hack into any aspect of the Services; corrupt data; cause annoyance to other users;

-- (iv) infringe upon the rights of any other person's proprietary rights;

-- (v) send any unsolicited promotional or advertising material, commonly referred to as “spam”; or

-- (vi) attempt to affect the performance or functionality of any computer facilities of or accessible through this Website.

Breach of this provision will constitute a criminal offense. EST will report any such breach to the relevant law enforcement authorities, and disclose your identity to them.

(b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

5. Intellectual Property, Software and Content

The intellectual property rights in all software and content (including but not limited to text, images, data and software) made available to you on or through this Website remain the property of EST or its suppliers and are protected by Australian and international intellectual property laws. All such rights are reserved by EST and its suppliers.

You may store, print and display the content supplied solely for your own personal use.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

You may not frame or utilise framing techniques to enclose any of our trade marks, logos or other proprietary information without our express written consent.

Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.

6. Advice and Information

All advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.

The statements made about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and these statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. Any results reported may not necessarily occur in all individuals.

The Website is solely an online store for specialty beauty products, and is not intended to serve as a substitute for professional medical advice. We do not give or intend to give answers to medical related questions. No prescription medications or medical treatments are intentionally provided on the Website.

As such, we recommend that you consult with your physician or health care practitioner regarding the use of any goods, products or information received from the site before you use or rely on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.

EST takes all steps to ensure that information contained within the Website is correct. However, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free. We will not be responsible for any loss or damage resulting from your use of information or reliance on advice.

While we made efforts to accurately display the colours of products on the Website, the actual colours you see may not accurately reflect the colour of the product will depend on your device, due to ambient lighting and other factors beyond our reasonable control.

Reference to any product, service, process or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

7. Reviews and Comments

Our Website provides avenues for visitors to post reviews, comments, suggestions, enquiries regarding products and other content (‘User Content’).

In submitting User Content, you give us permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these Terms of Use and your use of the Website. You also permit us to publish your name and State or Town that you submit in connection with the User Content.

By submitting such User Content, you represent and warrant that:

(a) such User Content is posted from your genuine email adress

(b) you are not impersonating another person or entity;

(c) such User Content is not, or would not reasonably considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or business or otherwise damaging to any party;

(d) you own or otherwise control all of the rights to the User Content that you post;

(e) the User Content is accurate;

(f) use of the User Content will not violate these Terms of Use; and

(g) you will indemnify EST or its associates for all claims resulting from User Content that you supply.

We reserve the right but not the obligation to monitor your posts and edit or remove any User Content for any reason.

User reviews of products in no way represent the views or opinions of EST or its owners, shareholders, employees or others, but are the sole product of its creator. EST disclaims all liability with respect to User Content posted by you or any third party.

8. Disclaimer of Liability

(a) Subject to the non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, all material displayed on this Website is provided without guarantees, conditions or warranties as to its accuracy.

(b) To the fullest extent permitted by law, EST hereby expressly excludes all warranties and other terms which may otherwise be implied by statute, common law or the law of equity. EST will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

(c) The foregoing does not affect EST’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

9. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

10. Disclaimer as to Ownership of Intellectual Property

Except where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with EST and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to EST.

11. Indemnity

You agree to indemnify, defend and hold harmless EST, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Use.

12. Variation

EST must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms of Use as amended.

13. Invalidity

If any part of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

14. Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

15. Breach and Termination

If, in our reasonable opinion, you breach any provision of these Terms of Use, we may immediately issue a warning or temporarily suspend or permanently prevent your access to all or parts of the Website. In any event, we may terminate your rights to use the Website at any time and for any reason without prior notice to you.

16. Governing Law

EST Skinlab (www.estskinlab.com.au) is created and controlled in Victoria, Australia.

These Terms of Use are governed by the laws in force in the Commonwealth of Australia, and, where applicable, the state of Victoria. You agree to submit to the exclusive jurisdiction of the courts of these jurisdictions.

17. General

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by us. Without limiting the foregoing, no waiver of any term of these Terms of Use shall be deemed a further and continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.


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