Terms & Conditions
Welcome to The Skin Bar. Please take some time to read the following conditions applicable to purchasing products through this website.
The website terms and conditions govern your purchases through The Skin Bar and constitute the entire agreement between the contracting parties (‘Agreement’). By placing an order, you agree to be bound by the Agreement as amended from time to time.
If you are uncertain about any of the terms of the Agreement, please contact The Skin Bar before the completion of any purchase.
REVIEW OF TERMS
The Agreement is subject to change from time to time without notice. Past terms and conditions and Customer Policies can be accessed on request by written notice to The Skin Bar. Contact details can be found on the ‘Contact Us’ page. Each order or transaction will be governed by the Agreement in force upon the date of that transaction.
Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, 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 site.
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. The Skin Bar reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
The minimum order value is $20.
The Skin Bar can only ship to a limited number of countries. Contact us if you are an overseas customer to discuss charges. The Skin Bar is not responsible for customs charges and restrictions that vary from country to country and result from the importation or certain products. The purchaser remains responsible for all charges and fees incurred.
PRODUCTS & ORDERS
The products made available on the site, including any samples The Skin Bar may provide to you, are for personal use only. You may not sell or resell any products you purchase or otherwise receive from The Skin Bar.
All orders placed are an offer of purchase and are subject to acceptance by The Skin Bar. If an order is not accepted a full refund will occur at the earliest possible convenience. The Skin Bar reserves the right to refuse an offer for any reason.
Without limiting the above, The Skin Bar reserves the right to refuse or reduce the quantity of any orders that it reasonably believes are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by The Skin Bar in its sole discretion. As part of The Skin Bar’s order processing procedures, The Skin Bar will screen all received orders for fraud or other types of unauthorised or illegal activity. Without limiting the above, The Skin Bar reserves the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If fraud or unauthorised or illegal activity is suspected, The Skin Bar may reject your order or its customer service department may call you at the phone number you provided (or use your email address) to confirm your order. The Skin Bar also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.
In the event of the requested products being unavailable The Skin Bar may cancel the transaction and effect a full refund.
Once products leave the care of The Skin Bar, no exchanges or refunds will be issued. This applies to both online and in-clinic purchases. Products are not eligible for exchange or refund under any circumstances except where The Skin Bar is at fault.
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 the customer’s order was validated.
Where the customer pays 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, The Skin Bar reserves the right to cancel the sale according. The Skin Bar is under no obligation to ship any goods ordered until payment for those goods has been received. In the case of payment by cheque, this would mean the clearing of funds represented by the cheque.
When you make a purchase on the site by credit card, The Skin Bar may conduct a pre-authorisation on your credit or debit card for a portion of the purchase price. Once the pre-authorisation is processed, we will then instruct your financial institution to cancel the pre-authorisation. Please note that no funds are taken from your account at pre-authorisation but a temporary ‘hold’ is placed on them. Once we have cancelled the pre-authorisation, it may take up to seven (7) days for your financial institution to release the funds before you are able to access them.
USE OF PRODUCTS
Upon purchase of products, the buyer agrees to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the buyer 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.
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.
LIMITATION OF LIABILITY
To the full extent permitted by law, The Skin Bar makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by The Skin Bar. Where legislation implies into this agreement any condition or warranty that cannot be restricted or modified, The Skin Bars liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the option of The Skin Bar, one or more of the following: (a) replacement of the products, the repair of the products, or the supply of equivalent products; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.
This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.
BREACH AND TERMINATION
If, in our reasonable opinion, you breach any provision of the Agreement The Skin Bar may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate the Agreement (and your rights to use the site) at any time and for any reason without prior notice to you.
CONCLUSION OF TRANSACTION
The agreement for sale is concluded only when goods are handed over to the designated carrier.
CREDIT CARD STORAGE
The site includes a credit card storage function, which will store your credit card details through a secure external storage service. As such your credit card details are not stored on or through The Skin Bar site, and there is no way for these details to be retrieved by us or our staff. However, if you are at all concerned with the potential security of this secure storage process we recommend that you not use this feature.
APPLICABLE LAW AND JURISDICTION
The Skin Bar (www.theskinbar.com.au) is created and controlled in NSW, Australia. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of NSW. By purchasing products through this site you submit to the jurisdiction of the courts of NSW, Australia and Australia and agree that any legal action will only be commenced in these forums.
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 The Skin Bars failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
Effective as at April 2020