www.pelactiv.com is owned and operated by The Australian Skin Care Company (ABN: 86 062 921 751). By accessing, browsing or using this website, you agree to the terms, conditions and disclaimers herein as amended on occasion. By purchasing an item advertised on this website and /or by completing the registration process to become a member of www.pelactiv.com, you agree to be bound by these Terms and Conditions. www.pelactiv.com may amend these Terms and Conditions from time to time and any amendment will become effective immediately.
The use of this website and these conditions shall be governed by and construed in accordance with the laws of Australia. Any legal action arising out of its use shall be brought and enforced under the laws of Australia. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.
Pelactiv does not sell products for purchase by children. We may sell children’s products for purchase by adults. If you are under 18, you may use the website only with involvement of a parent or guardian.
1 User Agreement
(a) By using the pelactiv.com website and any of its associated services and functionality (the “Website”), you agree to be bound by these terms and conditions (“Agreement”) as amended from time to time. Please read this Agreement carefully before using the Website.
(b) This Agreement is formed between you and The Australian Skin Care Company, ABN 86 062 921 751 (“Pelactiv”, “we”, “our” and “us”).
(c) Anyone who uses the Website is referred to in this Agreement as “you” and “your”.
(d) If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
(e) We may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time in its sole discretion. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to any changes.
(f) At our sole discretion, we may also impose limits on certain features and services or restrict your access to parts or all of the Website either temporarily or permanently without prior notice or liability to you or any third party.
2 Pelactiv Purchases and Your Account
(a) You must create an account with Pelactiv in order to access some features of the Website. It is possible to purchase products from Pelactiv through your account or via our guest checkout
(b) In order to create your account, you will be required to provide us with personal information, such as your name, mailing address, email address and phone number. You must ensure that this information is accurate and current.
(c) Pelactiv may terminate your account without prior notice or liability to you or any third party. If we terminate your account, you may be prevented from accessing all or parts of the Website, your account details and/or any other content contained in your account.
3 User Representations
(a) In order to create and account and/or make any purchases via the Website, you represent and warrant that:
(i) you are at least eighteen (18) years of age;
(ii) you possess the legal right and ability to enter into a legally binding agreement with us; and
(iii) you will use the Website in accordance with this Agreement.
(b) It is your responsibility to ascertain and obey all applicable local, state, federal and international law (including minimum age requirements) in regard to the possession, use and sale of any products purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
To the extent permitted by law (including the Australian Consumer Law), Pelactiv reserves the right, without obligation or liability to you or any third party, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:
(a) restrict, suspend or terminate your access to all or any part of the Website (including your account) temporarily or permanently;
(b) terminate your account or prevent you from accessing all or parts of your account details or other content contained in your account temporarily or permanently;
(c) establish general rules concerning use of the Website.
5 Your Use of the Website
(a) You agree to use the Website only for purposes that are permitted by:
(i) this Agreement;
(ii) any applicable law or regulations; and/or
(iii) generally accepted practice or guidelines
(b) You are prohibited from violating or attempting to violate the security of the Website, including without limitation by:
(i) accessing data not intended for your use or logging onto a server or an account which you are not authorised to access;
(ii) accessing any part of the Website by any means other than through the interface provided by us or from an access point other than the authorised access point skincarestore.com.au (and we will not be responsible in any way for access from outside this interface or access point);
(iii) engaging in any activity that interferes with, disrupts or attempts to interfere with or disrupt the Website or the servers and networks that host the Website;
(iv) interfering or attempting to interfere with security-related features of the Website of features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or
(v) using, copying, or distributing content except as permitted by this Agreement, by law or with our prior written consent.
(c) You understand and agree that any violations of system or network security or fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities and may result in civil or criminal liability. Pelactiv will investigate occurrences that may involve such violations or activity and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations or activity.
(d) You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account login and password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login and password information secure.
(e) You must not use another member’s account without the express permission of both Pelactiv and the other user.
(f) If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
6 Information on the Website
(a) Information about products on the product detail page section of the Website is based on material created by Pelactiv and in some cases provided by suppliers and product manufacturers.
(b) To the extent permitted by law (including the Australian Consumer Law), you acknowledge that any reliance on information contained on the Website shall be at your own risk. We reserve the right to correct any errors or omissions in any portion of the Website.
(c) You understand and agree that except as required by law (including the Australian Consumer Law), Pelactiv will not be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
(d) You agree to make your own enquiries to verify information provided and to assess the suitability of products before you order the products.
(e) Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website.
7 Order Process
(a) The inclusion of any products on the Website at a particular time does not imply or warrant that these products will be available at any time. We reserve the right to notify you that products for which you placed orders have become unavailable.
(b) Products displayed on the Website do not constitute an offer to sell. It is an invitation for an offer from you only.
(c) Orders placed by you are offers to purchase particular products in accordance with the terms and conditions in this Agreement at the price specified (plus delivery and other charges).
(d) To the extent permitted by law (including the Australian Consumer Law), we reserve the right to accept or reject your offer for any reason (or no reason), including without limitation the unavailability of any product, limitations on quantities available for purchase, an error in the price or product description, problems identified by our credit department, or an error in your order.
(e) You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, then you must go through the normal returns process outlined in clause 14.
(f) In the event that we cancel or are unable to fulfill your order (including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received. Except as required by law (including the Australian Consumer Law), we will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price (including delivery and other charges).
(g) In the case of an out of stock product, we will contact you via email or phone, notifying you of a delay in the shipment of the order and your order options.
8 Price, Payment and Use of Discount/Coupon Codes
(a) The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
(b) Prices are current at the time of display but are subject to change without notice.
(c) All payments must be received in full prior to dispatch. Payment options will be provided at the point of purchase.
(d) If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product against your order. In such instances we do not guarantee that the product will be available should you try to order it again.
(e) Where offered by Pelactiv, and unless otherwise specified, a discount/coupon code may only be redeemed once per household for orders, and may not be used in conjunction with any other discounts. Unless otherwise specified, only one discount/coupon code may be used per order.
9 Title and Risk
(a) We retain ownership of products you order until payment is received in full for those products together with delivery and any other applicable charges.
(b) Risk in the products you order, such as loss or damage, passes to you upon delivery.
10 Supply and Delivery of Products
(a) Subject to your provision of full payment and compliance with this Agreement, we will supply the products shown on your order confirmation.
(b) Please read the Delivery section of the Website for delivery details.
(c) We will use our reasonable endeavours to meet stated timeframes for delivery. However, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you.
(d) We do not allow personal pick up, irrespective of reasons and/or circumstances relating to your order.
11 Packaging and Labeling
(a) We endeavour to depict products available for order using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
(b) Because of limited resources and space considerations on the Website we are not able to provide descriptions of product ingredients or nutritional information relating to products available for sale. We recommend that you read the labels and instructions on products you order carefully prior to consumption or other use and use products accordingly.
(c) Because some products are imported or originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar product available in Australia.
12 Change of Mind Returns
(a) Please order carefully as we do not refund or exchange simply because you changed your mind or you have made an error in finalising your order (such as choosing an incorrect colour or product type). In particular, we will not accept returns for an incorrect colour choice on any tinted products. We may allow a refund or credit (at our election) on a case-by-case basis for such returns, provided that the item in question is:
(i) returned within 7 days of order;
(ii) not used or worn (with original packaging); and
(iii) not damaged in any way.
If we allow a return in these circumstances, we will ask you to follow the returns process outlined in this Agreement and provide you with a refund only when we receive the returned product. Except in circumstances where the product you received was not what you ordered or you are returning a product in accordance with your statutory rights under the Australian Consumer Law (described below), return postage is at your expense.
13 Your Statutory Rights – Repairs and Refunds
(a) The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides certain statutory guarantees in respect of the products we supply to you if those products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you. These statutory guarantees give you certain rights that we cannot exclude, restrict or modify, except in the limited circumstances set out in clause 13(i) below.
(b) As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a “major failure”, subject to the provisions of the Australian Consumer Law, you are entitled to return the good to Pelactiv and receive a full refund or replacement (at your election). Alternatively, you may (at your election) choose to keep the good and recover from us the difference between the price you paid for the good and the value of the good.
(c) As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a “major failure”, subject to the provisions of the Australian Consumer Law, you are entitled to ask us to remedy the failure. We are entitled to choose how we remedy the failure, including by either:
(i) repairing the goods;
(ii) replacing the goods; or
(iii) providing a full refund including the delivery fee.
(d) The statutory guarantees referred to in this clause may not apply to all products sold on the Website. You accept and acknowledge that the provisions of the Australian Consumer Law will determine:
(i) which products are covered by such statutory guarantees; and
(ii) our liability to you for any failure of a good to meet a statutory guarantee (except where Pelactiv has expressly chosen to limits its liability as permitted by the Australian Consumer Law as provided for in clause 13(i) below).
(e) The statutory guarantees are in addition to any rights you may have under any voluntary or express warranties offered by Pelactiv or any other manufacturer or supplier of the products. Except as expressly set out in clause 13(i) below nothing in this Agreement excludes, restricts or modifies your rights under the Australian Consumer Law.
(f) Replacement products are subject to the same warranties as the original.
(g) You must notify us of the relevant fault or failure within a reasonable time of supply of the goods or the time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of the goods.
(h) Goods that develop a defect may also be covered by a manufacturer warranty. You may also wish to contact the manufacturer regarding returns and repairs. You must retain your proof of order for any manufacturer warranty claims.
(i) Limitation of liability for statutory guarantees: Where the products we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election):
(i) in the case of goods:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; and
(ii) in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again.
We cannot limit our liability in this way if you establish that it would not be fair or reasonable for us to do so.
14 Process for Returns and Refunds
(a) If you wish to return one or more products, you will need to contact us within 7 days of receiving your order.
(b) Once contacted, we will advise you of the best way to return the product(s) and we will provide you with a Return Authorisation Number (RAN). Without a RAN, returns will not qualify for credit.
(c) Replacement of products, refunds and or repairs will not be made until the original product is received by us and your is claim verified. All pieces and parts of the product and printed materials must be in their original packaging.
(d) You must include a copy of your invoice and your RAN with your return. Please retain your postal receipt from Australia Post.
(e) Refunds will be issued using the original method of payment and will not include delivery charges.
(f) We aim to process returns within 5 business days of receipt by us of the original product and any other required information from you.
(g) Subject to your rights under the statutory guarantees in the Australian Consumer Law (see clause 13 above), we will not refund a purchase or replace a product where the product has been lost, destroyed or disposed of by you, or where in our reasonable opinion the product has following sale to you been damaged or become of unacceptable quality due to misuse, failure to use it in accordance with the manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
15 Disclaimer and Liability
(a) We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
(b) To the full extent permitted by applicable law (including the Australian Consumer Law):
(i) Pelactiv makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, services or materials included on the Website; and
(ii) Pelactiv disclaims all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. You acknowledge by your use of the Website that such use is at your sole risk. This disclaimer does not apply to any manufacturer’s warranty offered in relation to a product. This disclaimer constitutes an essential part of this Agreement.
16 Limitation of Liability
(a) Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or any other person for loss or damage of any kind or nature relating in any way to the Website, including without limitation loss or damage you or any other person might suffer as a result of:
(i) errors, mistakes or inaccuracies on the Website;
(ii) acting or not acting on any information contained on or referred to on the Website and/or any linked website;
(iii) personal injury or property damage of any nature resulting from your access to or use of the Website;
(iv) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
(v) any interruption or cessation of transmission to or from the website;
(vi) any bugs, viruses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
(vii) the quality of any product or service of any linked website.
(b) We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
(c) Except as required by law (including the Australian Consumer Law), in no event shall we or any of our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers be liable to you or any other person for any loss or any special, incidental, indirect or consequential damages arising out of or in connection with our Website, the use or inability to use our Website or its contents, or this Agreement (however arising, including negligence), including without limitation damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if Pelactiv has been advised of or should have known of the possibility of such damages. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers have no responsibility for the legality of your actions.
To the extent permitted by law (including the Australian Consumer Law), you will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
18 Intellectual Property
(a) We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this Agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
(b) Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
(c) You may not:
(i) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(ii) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
(d) If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
19 Privacy and Personal Information
You may choose not to provide certain information, but then you may not be able to purchase products, open or hold an account with us or take advantage of the features we offer.
20 Health Information
While we do not need to collect health information from you in order to provide you with our products and services, sometimes information about the identity and nature of products you purchase may constitute health information or you may choose to disclose health information as part of your participation in product review forums, discussion groups, bulletin boards, chat rooms or messaging or other interactive services. If you share individually identifiable health information, it is not shared with third parties. However, information you may share in a public forum is considered public information if you choose to share it.