These Terms and Conditions place some restrictions on Your purchase of the Products. In particular the Products are to be bought for your own personal use and will only be delivered to an address in Australia.
Prodermal Pty Ltd ("We/Us/Our/Prodermal")
ONLINE TRADING TERMS AND CONDITIONS
Set out below are the terms and conditions on which We will supply products (the “Products”) listed on https://www.prodermal.com.au (the "Site") to you the Consumer ("You").
Prodermal is a trading style of Prodermal Pty Ltd, with whom You are contracting. Prodermal Pty Ltd is registered in Australia and has its registered office at Level 14, Tower 2, 101 Grafton Street, Bondi Junction, NSW 2022 (ABN 95 145 986 125).
Please read these terms and conditions carefully before purchasing any Products on the Site.
By placing an order on the Site you agree to be bound by these terms and conditions and any on the completed on line order form(s). You should print copies for future reference.
1. Your Status
By purchasing Products through Our site, You agree that:
1.1 You are legally capable of entering into binding contracts;
1.2 You are at least 18 years old;
1.3 The products are for your personal use
1.4 You live in Australia; and;
1.5 The Products will only be delivered to an address in Australia.
2. Product information
The Site contains Product information which you should consider before placing an order. In addition product information is available from Us. Please go to our CONTACT page on this Site.
3. Ingredient Listings
Individual product ingredient listings are shown on the Dermalogica website (www.dermalogica.com.au). Please review these individual product ingredient listings before You place an order.
4. Formation of Contract
4.1 Your order must contain the information specified on the Site online order form(s) including details of the Products ordered, quantity, address in Australia for delivery and your email address. You will also be required to complete payment details on secure pages.
4.2 Prodermal reserves the right at Our sole discretion to impose quantity limits on any Products You may order.
4.3 After placing an order, You will receive an e-mail from Us which will include an invoice for the goods You have ordered. Please note that this does not mean that an order has been accepted. An order from You constitutes an offer to Us to buy Products. All orders are subject to acceptance by Us. The contract ("Contact") will only be formed when We dispatch the goods to you.
4.4 The Contract will relate only to those Products which We have dispatched. We will not be obliged to supply any other Products which may have been part of Your order.
4.5 By initially acknowledging your order, Prodermal is under no obligation to supply the Products ordered. No additions or changes may be made to an order once placed.
4.6 While We take reasonable steps to keep our list of available Products on the Site current, we give no undertaking as to the availability of Products advertised on the Sites.
5. Price and Payment
5.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. These prices include Goods and Services Tax. Delivery costs [as shown at the time you place the order] will be added to the total amount due and included in the total amount due. Prices are liable to change at any time, but changes will not affect any orders We have accepted. We will however, endeavour to provide reasonable notice of any price increases.
5.2 Payment for all Products must be by PayPal or by an Australian credit card accepted by PayPal. Prodermal will charge Your selected payment method prior to dispatching goods.
5.3 Prices on the web site are expressed in Australian dollars.
6.1 We will endeavour to dispatch Products within two clear full business days of the order being placed by you on the Site(s). However, it is important to note that despite our best efforts, delays can arise for many reasons. Any delivery dates suggested are estimates only, and We are not liable for any losses caused by late delivery or non-delivery.
6.2 You will be notified by email when Your order has been despatched. Details of the products We have sent You will be listed in the email. We will automatically refund You for any Products we are unable to supply. This refund will be to the method You use for original payment of the order.
6.3 Orders will be delivered to the address in Australia provided to Us when You place Your order on the Site.
6.4 Products will be dispatched to the address provided to Us by You via the Site. Invoices will be emailed to the email address provided to Us by You via the site.
6.5 Ownership and Risk in the Product will pass to you when the Products are delivered to the shipping address provided by You on your order form.
6.6 Please also see the additional information, terms and conditions detailed on the SHIPPING page, available from the INFO drop-down menu.
7. Cancellation by Us Due to Error
You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that Your order may have been acknowledged and your payment method charged. We reserve this right up to the time of dispatch of the Products to You. If a cancellation of this nature occurs after your payment method has been charged, We will issue a credit to Your payment method account for the amount in question.
8. Refunds and Returns
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au.
8.1 Refer to the RETURNS page on this Site, where you will get further information on our policy regarding returns and related refunds. We recommend that You always use a recorded postage service to return Products as We will not refund the price paid or delivery costs (as applicable) until We receive the returned Products.
8.2 We will refund amounts due to You using the same payment method as the original payment to Us.
All notices given by You to Us must be given to Prodermal at
a) Prodermal Pty Ltd, Box 550, St Ives, NSW 2075, Australia, or;
b) By sending an email to us using the CONTACT page on this Site.
We may give notice to You at either the email or postal address You provide to Us when you registered to become a registered user with Us, or updated details as held within the Site on "My Details".
10. Events outside our control
10.1 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 (a "Force Majeure Event").
10.2 You must take your own precautions to ensure that the process which You employ for accessing this Site does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system or data.
10. Consequential loss or damage
To the full extent possible in law, Prodermal is not liable for consequential loss or damage of any nature incurred by You or anyone else as a result of Us interacting or transacting with You. This is irrespective of the cause, including where Prodermal was negligent or at fault. Liability will be limited to any amounts paid by You to Us.
11. Entire agreement
These terms and conditions and any document or Site or other web page 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.
12.2For the removal of doubt, We do not accept responsibility for any interference or damage to Your own computer system which arises in connection with Your use of this Site, any linked web site or any email you receive from Us or as a result of interaction with Us.
12.3 Responsibility for the content of any advertisements appearing on this Site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
12.4 You acknowledge that despite all reasonable precautions on Our part, there is a risk of unauthorised access to or alteration of Your transmissions or data or of information contained on Your computer system or on this Site. We do not accept responsibility or liability of any nature for any such losses which You may sustain as a result of such activity.
13. Restricted Use
Unless Prodermal agrees otherwise in writing, You are provided with access to this Site only for Your personal use. You are authorised to print a copy of any information contained on this Site for Your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, You may not without Our written permission on-sell information obtained from this Site.
14. Linked Websites
14.1 This Site may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
14.2 We are not responsible for the content or privacy practices associated with linked websites.
14.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by Us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
16. How we handle emails
We will preserve the content of any email You send us if We believe we have a legal requirement to do so. Your email message content may be monitored by Us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.
17. Security of Information
Unfortunately, no data transmissions over the Internet can be guaranteed as totally secure. While We strive to protect such information, We do not warrant and cannot ensure the security of any information which You transmit to us. Nevertheless, once We receive your transmission, We will take reasonable steps to preserve the security of such information.
18. Termination of Access
Access to this Site may be terminated at any time by Us without notice. Our disclaimer will nevertheless survive any such termination.
19. Governing Law
These terms and conditions are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.