1.1 Dermaspa Pty Ltd ABN 15106497018 (‘Dermaspa’, ‘we’, ‘us’, or ‘our’) operates and maintains this website and provides the service described in clause 2 (‘the Service’).
1.2 These terms and conditions (‘Terms’) apply to your access and use of this website and the Service. By accessing and using this website or the Service, you agree to these Terms.
1.3 We may change these Terms at any time by publishing the changed Terms on this website. Changes will not operate retrospectively.
1.4 The law of Australia governs these Terms. We do not warrant that this website or its content complies with the laws of any country other than Australia. If you access this website from outside Australia, you do so at your own risk.
2. Description of Service
2.1 The Service enables users:
(a) users to purchase goods; and;
(b) to access information and news concerning skincare products and other goods.
3.1 You must be at least 18 years old to register an account and make purchases from our website.
3.2 Where you create an account on our website, you must register using your own name. You must not impersonate or register on behalf of another person. You otherwise warrant that the information you provide when you register is correct and not misleading in any way. You promise to keep your information up to date.
3.3 You must keep your password secure at all times. You are solely responsible for all activity undertaken using your username and password.
4.1 All prices are GST inclusive.
4.2 Our products are not medical aids and they are cosmetic in nature only.
4.3 We may:
(a) change our prices at any time without notice;
(b) vary our payment methods from time to time.
4.4 To the extent permitted by law we may pass on credit card surcharges and charge back fees that we incur on any transaction you have with us.
4.5 Goods are:
(a) our property until you have paid in full for them; and
(b) at your risk when the goods leave our premises.
4.6 We may register our security interest over all goods in accordance with Personal Property Securities Act 2009 (Cth) (“PPS Law”).
4.7 You must do anything which we require for the purposes of:
(a) ensuring that our security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling us to gain first priority (or any other priority agreed to by us in writing) for our security interest; and
(c) enabling us to exercise rights in connection with the security interest.
4.8 You must not part with possession, or create, purport to create or permit to be created any ‘security interest’ in the goods without our express written consent.
5. Prohibited use
In using this website or the Service, you must not:
(a) contravene any applicable law or regulation;
(b) interfere with or disrupt this website or the Service in any way, including through the use of viruses, Trojans or harmful code.
(c) mislead or deceive others, whether by act or omission, including by making false or inaccurate representations about your identity or accommodation being offered;
(d) stalk, harass, abuse, threaten, intimidate, defame or vilify any person;
(e) share, distribute, store or transmit offensive, obscene, racist, pornographic or illegal material;
(f) otherwise violate or infringe the legal rights of any person; or
(g) encourage, assist or procure another person to do any of the foregoing.
6.1 Unless otherwise indicated, copyright in this website and its contents belongs to us.
6.2 You may:
(a) publish a link to this website;
(b) make a temporary copy of part or all of this website on your computer for the sole purpose of viewing it; and
(c) print a hardcopy of a whole page of this website as long as no part of the page (including any copyright notice) is edited, modified or deleted in any way.
6.3 Unless permitted by law,you must not, without our prior written consent:
(a) otherwise reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish, broadcast or create derivative works from any part of this website or its contents; or
(b) cause any part of this website or its contents to be framed or included in another website.
7. Trade marks
7.1 Peaches and cream and its logo are trade marks of ours. Other trade marks on this website are the property of our respective licensors.
7.2 You must not use any trade mark on this website without the prior written consent of the relevant owner.
This website may link to websites at other addresses. Unless stated otherwise:
(a) we do not control, approve, endorse or sponsor any such websites or their content; and
(b) we do not provide any warranty or take any responsibility for any aspect of those websites or their content.
9.1 Your access and use of this website and the Service is at your own risk. While payments are processed securely, the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit.
9.2 We do not promise that this website or the Service:
(a) is free from errors;
(b) will operate without interruption; or
(c) is free from anything which may damage your computer or data.
9.3 We do not promise that the contents of this website are complete, accurate, reliable or up to date. We reserve the right to correct errors and make changes to this website or its contents at any time.
9.4 We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website or the Service.
10. Consumer Guarantees and Limitation of liability
10.1 You have extensive rights under the Australian Consumer Law (‘ACL’) including consumer guarantees (‘Consumer Guarantees’) and remedies. NOTHING IN THESE TERMS LIMITS THOSE RIGHTS AND REMEDIES IN ANY WAY.
10.2 You have Consumer Guarantees under the ACL but: (a) in relation to goods, our liability for failure to comply with a Consumer Guarantee (other than certain guarantees about ownership and undisturbed use) is limited to: (i) replacing the goods or supplying equivalent ones; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent ones; or (iv) paying the cost of having the goods repaired; and (b) in relation to services, our liability for failure to comply with a Consumer Guarantee is limited to: (i) supplying the services again; or (ii) paying the cost of having the services supplied again.
10.3 Warranties and guarantees: You have the benefit of (a) the Consumer Guarantees described by clause 10 and (b) any manufacturer warranty. Subject to that, all other guarantees, warranties, terms, conditions, rights and remedies in respect of goods are excluded.
10.4 Other liability Subject to clauses 10.1 to 10.3, we are not liable to you for, and you release us from and indemnify us against, any harm, loss, damage, claim, demand, action (including, without limitation, any indirect or consequential loss or damage) that you or anyone else may suffer or be entitled to make or bring in connection with or arising out of the supply or failure to supply goods, including but not limited to by virtue of breach of contract or negligence by us or anyone for whose acts and omissions we are vicariously responsible.
11. Account cancellation, breach and indemnity
11.1 Because of the nature of the Service, we must reserve the right to decide who may use it.
11.2 We may cancel your account at any time at our absolute discretion, without giving reasons. We may also cancel your account if you:
(a) breach these Terms;
(b)charge back or attempt to chargeback amounts you have paid; or
(c)are the subject of a complaint that we deem serious;
11.3 If we cancel your account, you may not use the Service again, whether by creating a new account or using an alternative account.
11.4 Cancellation of your account does not affect your right to receive any payments rightfully due to you under these Terms.
11.5 You must indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, expenses (including legal expenses on a full indemnity basis), penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach of these Terms or unlawful or negligent act or omission.
12.2 In addition, we may log details about any computer used to access this website, including IP address, host,location, browser type, the date and time of access and details of webpages accessed and information downloaded. This information is used for our own statistical purposes and to improve this website.
13.1 Nothing in these Terms constitutes a relationship of employer and employee, principal and agent or partnership between any of the parties.
14.1 Publication of email addresses on this website must not be taken as consent to receive commercial electronic messages.
14.2 If you have any questions about these Terms, please contact:
Questions, requests and complaints regarding our Privacy Statement or our compliance with privacy laws should be directed to us by telephone on (03) 9500 2277 or email to info@Peachesandcream.com.au