Terms & Conditions
TERMS & CONDITIONS
AGREEMENT OF SALE
Welcome to the Skinstitut website. As our valued customer (you) we ask you to take the time to read the following before you place your order.
These terms and conditions govern your use of this website, the purchase of any products offered on the Skinstitut website, as well as Skinstitut social media sites, such as Facebook, Instagram and Twitter are subject to these Terms and Conditions of Sale. Your use of this site or purchase from Skinstitut indicates your understanding and acceptance of these terms and conditions to which you agree to be bound by.
If you are uncertain about any of the terms of the Agreement, please contact Skinstitut before the completion of any purchase.
PROMOTIONS AND DISCOUNT CODES
Skinstitut will occasionally offer promotional discounts on the purchase of multiple or particular products. In certain instances, to claim this discount, please enter the code during checkout within the ‘Information’ page in the box marked ‘Discount Code’.
Discount codes are not applied to shipping costs. Discount codes cannot be applied after an order has been placed. Skinstitut reserve the right to cease or pause any promotion at any time without notice.
Current discounts and promotions:
5 for $159*:
Purchase 5 skinstitut products for AU$159.00 (excludes all skinstitut EXPERT products, kits, gift sets, single sachet sheet masks and devices).
*Discount automatically applied to eligible products at checkout, no discount code required.
Sign up to our newsletter and receive $5.00 off your first order. Discount code must be entered at checkout. One time use only.
SAMPLES AT CHECKOUT:
From time to time Skinstitut will offer a complimentary sample at checkout based on availability. There are no guarantees for product availability and changes cannot be made to selection after orders have been placed.
ORDERING FROM THIS WEBSITE
All orders placed are subject to confirmation and acceptance by Skinstitut.
To purchase Skinstitut products, you must either be at least 18 years of age or have obtained parental or guardian consent. At all times, you must provide accurate, true and correct information.
Skinstitut does not allow or support resale or export of products purchased from this website. You agree when purchasing from this website that you are doing so for personal use only, and not for resale or export.
Skinstitut reserves the right to make changes to these sites and these terms and conditions at any time without any prior notice and changes can be made effective immediately. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions of Sale.
Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. You agree to pay the price allocated to the Skinstitut products. You must pay all amounts due, without set off or deduction. If Skinstitut discover an error in the price of any goods which you have ordered, or require further verification or information from you, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and have already paid for the goods, you will receive a full refund to the credit card or Paypal account with which you made your original purchase.
Shipping is free for all orders within Australia. All orders are subject to availability and are sent via Australia Post and are fully trackable; you will receive a confirmation email with details of your order. It is suggested that you provide a delivery address where a person will be available to accept your delivery between 9-5pm. You agree to provide the correct delivery address and hold Skinstitut harmless from any error in this regard. Otherwise your parcel will be re-directed to the nearest post office / depot for collection. Skinstitut may also need to deliver in instalments or through split orders, if some products are not available at the time of purchasing.
Skinstitut can ship to a limited number of countries upon direct request, as listed on our Shipping and Returns page. International shipping fees will apply. Skinstitut is not responsible for customs charges and restrictions that vary from country to country and result from the importation or certain products. You remain responsible for all charges and fees incurred. You agree to provide the correct delivery address and hold Skinstitut harmless from any error in this regard. Skinstitut may also need to deliver in instalments or over split orders, if some products are not available at the time of purchasing. Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by you, the recipient of the parcel.
You take full liability for all postal charges, return shipment costs, customs charges and handling fees should they refuse to accept a parcel due to import duties or taxes.
We will not refund any purchases that have not been accepted at customs.
PRICES & PAYMENT
All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when your order was validated.
Accepted payments include credit cards (Visa, Mastercard, American Express) and PayPal. Where you pay by credit card, you warrant that you have the necessary rights to use the credit card and that you are fully authorised to use it to pay for the order. We currently use Shopify Payments and/or PayPal to ensure that your information is kept safe when you pay by credit card. You also warrant that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, Skinstitut reserves the right to cancel the sale accordingly.
Skinstitut is under no obligation to ship any goods ordered until payment for those goods has been received.
USE OF PRODUCTS
Upon your purchase of the products, you agree to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause you to assume full responsibility for any loss or damage arising out of their use.
You should always check the ingredients for products to avoid potential allergic reactions.
Not all products are suitable for all skins. If using prescription medications (oral or topical), pregnant, breastfeeding or suffering from a specific health condition, you should seek advice from an appropriate medical practitioner or therapist before adopting any new skinstitut products or regime.
We give no warranty and make no representation, express or implied, as to the suitability, adequacy or appropriateness of the products for you or the merchantability or fitness of the products for a particular purpose.
If any minor uses any product purchased through the site it should be only after the parent or legal guardian has discussed the product with the minor's doctor.
Use of the Skinstitut Skincare Quiz is a guideline only. All product recommendations are basic recommendations, noting that not all products are suitable for all skins. If using prescription medications (oral or topical), pregnant, breastfeeding or suffering from a specific health condition, it is best to seek advice from an appropriate medical practitioner or therapist before adopting any new regime. Additionally, it is best to confer with a skin therapist to ensure suitability especially after professional treatments have been performed on the skin. No warranty is made against results or benefits based on skincare quiz recommendations.
All goods sold by skinstitut come with a warranty to be free from any defects or faults. This warranty is not transferable.
Goods under warranty cover will be replaced or repaired by the manufacturer.
All warranties are voided if returned product is found in any way to be mishandled, modified, tampered, abused, physically damaged.
CONCLUSION OF TRANSACTION
The agreement for sale is concluded only when goods are handled over to the designated carrier.
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products and specifications without notice.
Images displayed on this website should be regarded as illustrative and informational purpose only. The actual products may not be identical to the images.
APPLICABLE LAW AND JURISDICTION
All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of New South Wales. By purchasing products through this site you submit to the jurisdiction of the courts of New South Wales, Australia and Australia and agree that any legal action will only be commenced in these forums.
You agree to comply with the law when using this website or purchasing our products.
The products, the social media pages, the Website and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Website and/or our social media accounts, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, ‘Our Content’) are the property of us and are protected by Australian and international copyright laws.
You agree that skinstitut owns all intellectual property rights in relation to Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, services, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.
You agree and acknowledge that you have no rights in Our Content and, except where expressly stated otherwise, you agree not to copy, modify, publish, transmit or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of Our Content, whether in whole or in part, and you agree to indemnify us for any breach in this regard.
If any provision of these terms and conditions 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 and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and skinstitut’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
You agree that we are not liable for any breach of our obligations to you in the event of an act, event or cause, either direct or indirect, that occurs which is beyond our reasonable control, for example, a strike.
Effective as at February 2020
SOCIAL MEDIA COMPETITIONS
From time to time skinstitut may run competitions (“Competitions”) on their social media accounts, including its Facebook and Instagram pages (“Platform/s”). By entering such a Competition and by accepting a prize, you agree to the following Terms and Conditions.
- The promoter is skinstitut. Competitions are not in any way sponsored, endorsed or administered by, or associated with, the Platforms.
- You agree to release the Platforms from any and all claims and demands arising out of, or in connection with, your participation in any of these Competitions or with any of the prizes offered. You further agree to any rules or guidelines stipulated by the Platform relating to the use of the Platform and your participation in any Competition or similar.
- Employees of skinstitut and immediate family members of skinstitut employees and agencies associated with the Competition as the case may be, are ineligible to enter.
- For Australian competitions, entrants must be Australian residents and be residing in Australia at the time of the Competition.
- skinstitut reserves the right to put any conditions or restrictions on any Competition.
- skinstitut will state the method by which winners will be chosen.
- To enter a Competition, the entrant must have taken the action requested, as described in the post relating to the specific competition. Only one entry per account is permitted.
- The prize will be stated in the post and must comply with Australian law, where applicable. Prizes are not transferable or redeemable for cash and skinstitut reserves the rights to offer substitute prizes. If any prize is unavailable for any reason, The Promoter, in its discretion, reserves the right to substitute the prize with an alternative prize to the equal value subject to any advice from a regulatory body.
- Prize winners will be notified on the Platform through which the submission was received. To claim a prize, winners will be asked to provide contact details in a manner specified by The Promoter.
- If for any reason whatsoever a prize winner does not redeem a prize or an element of a prize by the time stipulated in these Terms and Conditions or otherwise made known by skinstitut, then the prize or that element of the prize will be forfeited by the prize winner and cash will not be awarded in lieu.
- If a prize is unclaimed, it will be awarded to the entrant who submitted the next best response (as determined by The Promoter in its absolute discretion). The process will be repeated for every subsequent winner. The prize remains the property of skinstitut until it is collected by the final winner.
- In the event of any dispute regarding the administration, rules, results and all other matters relating to a Competition, the decision of The Promoter shall be final and no correspondence or discussion shall be entered into.
- skinstitut, in its sole discretion and subject to any prohibition by law to do so or any written direction from a regulatory authority, may cancel a Competition at any time or disqualify an entrant. Entries that are not genuine or are incomplete, late or in any way fraudulent or deemed to be inappropriate or unacceptable for any reason by The Promoter will be declared void.
- skinstitut reserves the right to reproduce names, photographs, material, comments and feedback provided by entrants in promotional material including but not limited to website, brochures and other online channels.
- All entries must be original to and created solely by the entrant. All entries and all copyright and other rights in such entries and/or other materials become the property of skinstitut and will not be returned. Each entrant agrees to provide a written assignment of all rights to The Promoter if requested. By submitting an entry and any other materials (save for any personal information) to The Promoter in connection with a Competition, each entrant:
- a) specifically authorises The Promoter to use and/or license third parties to use such entry in whole or in part, in perpetuity in or on any and all media, whether currently in existence or developed in the future, and alone or together or as part of other information, content and/or material of any kind or nature;
- b) represents and warrants that all elements contained in the entry or other material:
- are original to the entrant and fully cleared for use as contemplated in these Terms and Conditions;
- do not and will not, in any way, violate or breach any of the terms of any other agreement the entrant may be a party to;
iii. do not contain defamatory, tortious or otherwise unlawful, untrue or inaccurate information, infringe or violate any copyright or other right; or contain any matter the publication or sale of which will violate any law;
- are not obscene or likely to cause offence;
- are not in any way cruel or abusive; and
- will not require The Promoter to pay or incur any sums to any person or entity as a result of The Promoters’ use or exploitation of the same, and
- c) unconditionally and irrevocably consents to any act or omission which would otherwise infringe any of their moral rights in the entry and waives all moral rights in the entry that arise outside Australia;
- d) warrants that where the submission contains the image, likeness or any identifying characteristic of another person, the entrant has received express consent from those other people to be included in the submission. The entrant indemnifies The Promoter of any breach of this warranty and for any breach of privacy legislation.
- Except for any liability that cannot by law be excluded, skinstitut, its related corporations and associated agencies (and any of their personnel) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant (including a winner) in connection with any competition, including, without limitation:
(i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of The Promoter, its related corporations and associated agencies (and any of their personnel); and (iii) any liability for personal injury or death. No responsibility will be taken by The Promoter or its authorised agents for entries ineligible due to technical reasons or any other reason.
- Competitions and these Terms and Conditions shall be governed by and construed in accordance with the laws of Australia.
- Subject to statutory restrictions, skinstitut may amend these Terms and Conditions at its absolute discretion.