Website Terms and Conditions
These Terms and Conditions (Terms) govern Your use of The Skin Fairy website located at //skinfairyclinic.com.au/ (our Site) and form a binding contractual agreement between you (You, Your) and The Skin Fairy Pty Ltd trading as the Skin Fairy Clinic ACN 607 039 190 (The Skin Fairy, We, Us).
By using this Site, You acknowledge and agree that You have had a sufficient opportunity to read and understand the Terms and that You agree to be bound by them. If You do not agree to be bound by these Terms, please do not continue to use the Site.
These Terms were last updated in November 2017.
You may buy products offered online by Us by completing the order form available on our Site. To buy products via our Site, You must be at least 18 years of age. By placing an order, You confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders for products where We consider that You have not dealt with Us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If Your credit card is charged for the purchase and We cancel the order, We will notify You and credit Your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.
Once You submit an order, You cannot cancel it. All orders are subject to acceptance by Us, at our discretion.
We may provide special offers in relation to our products from time to time. At any time, We may terminate any special offer without notice in advance. If terminated, a special offer will continue to apply to products You ordered in good faith in accordance with these Terms before the special offer was terminated.
All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.
The full payment for Your order (including the product price and applicable delivery charges) is deducted from Your credit card on completion of Your order. Delivery will commence once payment has been processed and validated. We accept payment by PayPal.
Large transactions may involve additional screening and We will require confirmation on key details before we proceed to fill the order. In this event, We will contact You. In some cases this may delay Your order by a short period.
From time to time there may be errors on our Site such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, We may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If Your credit card is charged for the purchase and We cancel the order, We will notify You and credit Your credit card account for the amount charged.
All products are offered for sale subject to available stock. If an item is out of stock, We may contact You to offer a substitute. If You do not accept a substitute item and Your credit card has been charged for an item that is out of stock, We will cancel Your order and issue a credit to Your credit card account in the amount charged. If You order products and some are not in stock, You agree that we may fill that part of Your order for which stock is available.
Shipping and Delivery
Orders within Australia
We charge a fixed cost of $10 for express post deliveries within Australia (as varied from time to time and subject to a surcharge for large orders). To find out the shipping charges that apply to You, simply add the items to Your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before You make any payment. It is Your obligation to enter the correct delivery address details at the time of ordering. We are unable to deliver to a P.O. Box.
We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most Australian orders should arrive within 7 business days after dispatch depending on the destination. It is Your responsibility to inform us promptly if an order does not arrive either by emailing firstname.lastname@example.org within a reasonable period we will lodge an enquiry with the courier and advise You of any issues that are discovered.
Orders outside Australia
Deliveries outside Australia should arrive within 5-20 business days after the order has been shipped, depending on your delivery address, subject to any customs processing delays. Deliveries to remote areas may take longer. All international deliveries will be sent with tracking – in the rare case this isn’t possible for your particular country we will contact you prior to dispatch to discuss your options. International orders are sent without requiring a signature on receipt.
International customers may be required to pay sales tax, duty and/or customs charges. We suggest contacting your local customs office if You are unsure of the applicable taxes and customs fees that are relevant to You. The Skin Fairy will not be responsible for any additional taxes and customs charges that are requested during the shipment of your order.
Once Your order has been shipped, You will receive an email containing tracking details on how to follow Your order’s journey to Your door.
Where a product is not available, and a back-order is required, we will contact You as soon as possible to advise You.
The Skin Fairy is not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle You to cancel Your order. You have the option to have Your Item delivered with or without a signature of receipt. If You choose to have the Item delivered without a signature of receipt You are responsible for any loss or damage after delivery. If You choose to sign for Your Item You will generally need to be available between 7am and 5pm to receive the delivery. You have the option to choose a different delivery address than Your billing address. For example You may want to use Your work address for delivery if Your employer’s workplace policies allow this. If You do not answer when the courier tries to deliver Your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, We are not liable for any loss or damage as a result of You failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
If You receive any products in a damaged condition, We may issue You a credit in the amount paid for the products or send replacement products at our discretion if You notify us within 7 days of the delivery date. We may ask You to provide proof of the damage, as a condition of refund or replacement.
Risk of damage, loss or deterioration to products passes to You on delivery in accordance with these Terms.
Products ordered by You remain our property until You pay for them in full.
To the extent legally permitted, We exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any products or services supplied by Us (Warranties), other than those implied by statute which may not be legally excluded. Any liability We may have to You under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the products or services again or repairing, or paying the costs of repairing, the products, at our option.
In addition to Your statutory rights, if You change Your mind we will happily exchange or refund Your item/s providing the following conditions have been met:
Returns/exchanges can be sent to:
The Skin Fairy Clinic
24-25/145 Stirling Highway
Nedlands WA 6009
If You return items to us that do not comply with the above requirements, we will return them to You at Your cost.
If You experience packing problems, please check Your items against Your receipt. If there are any discrepancies, please email email@example.com as soon as possible and within 30 days of purchase date.
All material on our Site or otherwise delivered by Us, including but not limited to trade marks, logos, and service marks, text and graphics (Our Content), is subject to copyright. While You may browse or print Our Content for non-commercial, personal or internal business use, You must obtain our prior written permission if You’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that You do not acquire any ownership rights by using our Site or Our Content.
The trade marks displayed on our Site are registered or unregistered trademarks (Marks) of the Skin Fairy Pty Ltd and/or its directors and officers. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to The Skin Fairy in any manner that is likely to cause confusion with customers, or in any manner that disparages The Skin Fairy. Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
The name of The Skin Fairy Clinic may not be used in any way, including in advertising or publicity pertaining to distribution of Our Content without the prior written permission of The Skin Fairy.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that The Skin Fairy will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
Booking and Cancellation Policy
By making a booking, You agree to be bound by our booking policy (Booking Policy).
You must arrive at the clinic at least 10 minutes before Your scheduled booking time to ensure that Your appointment runs for the full duration of the appointment and that the appropriate consent forms are completed by You. If You are running late, We reserve the right to cut short Your treatment time to ensure that our therapists are not late for their following appointments.
New clients booking an initial consultation (Consultation) will be required to make a non-refundable upfront payment to us of $100 (plus GST) (Booking Fee) in order to secure the booking. This amount must be paid prior to Your scheduled appointment and covers the cost of the initial consultation. Should You wish to book a Consultation and treatment at the same time, You acknowledge that that we typically allow 1 hour and 30 minutes for this type of appointment.
Should You proceed with the treatment on the day of Your appointment, we will deduct the Booking Fee from the total cost of your treatment. However, if You decide not to proceed with the treatment on the day of Your appointment, We will only refund 50% of the Booking Fee on the day. We reserve our right to refuse to refund Your any part of the Booking Fee in the event that You fail to comply with these Terms.
We require at least 24 hours of notice should You wish to cancel or reschedule Your appointment.
If You wish to reschedule or cancel your appointment, You must notify our clinic not less than 24 hours prior to Your scheduled appointment. If You reschedule Your appointment, Your Booking Fee will be redeemable at Your next scheduled appointment or a refund will be issued, provided that You have given Us at least 24 hours’ notice. If You fail to provide sufficient notice (being at least 24 hours), You will forgo Your Booking Fee and You will not be able to redeem it at a later time.
In the event that You are fail to show up at Your scheduled appointment, or cancel or reschedule Your appointment within 24 hours of Your scheduled appointment, we will require You to make an upfront payment of $150 (plus GST) for Your next booking (Upfront Payment). The Upfront Payment will be redeemable upon Your scheduled treatment with our clinic.
All treatments and services must be paid in full at the time of the appointment. No payment instalments will be accepted. We accept cash and most credit cards including Visa and Mastercard. We do not accept bank cheques or American Express.
If You fail to pay for our services on the day of Your treatment, or if You leave our premises without making payment, You will be banned from the clinic and any future appointments will immediately be cancelled.
To the extent legally permitted, We exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any products or services supplied by Us (Warranties), other than those implied by statute which may not be legally excluded. Any liability We may have to You under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the products or services again or repairing, or paying the costs of repairing, the products, at our sole discretion.
Limit of Liability
The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Law.
We do not make any express or implied representation or warranty about, and shall not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with our Site or Our Content.
In no event will We be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon our Site or Our Content.
These limitations and terms include (but are not restricted to) loss or damage You might suffer as a result of:
You indemnify Us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by You or Us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by You or Your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through the use of our products or services.
We reserve the right to change any of the products or services at any time without prior warning or notice.
We reserve the right to change all treatment, product and service prices at any time without further notice. Treatment prices may vary from client to client depending on program, service or product sold to or brought by the individual client based on their personalised needs.
Right to Terminate
We reserve the right to terminate Your use of our Site or our products and/or services generally if You breach these Terms, as determined by Us in our sole discretion. Refunds are not provided for our products and/or services that have been rendered by Us, including where You have been given access to Our Content whether accessed by You or not, unless We are in breach of the Australian Competition and Consumer Act 2010.
Refunds will be provided where required under the Australian Consumer Law.
As affiliates of certain products and services We may receive compensation for recommending and promoting products/services linked to from our Site.
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between You and Us concerning its subject matter and supersedes all prior communications.
We may alter these Terms from time to time by posting the altered version on our Site. You should visit our Site regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via our Site after the alteration takes effect.
You are welcome to create links from Your website or social media account to our Site. However, You must not use The Skin Fairy’s Marks for this purpose, unless You have The Skin Fairy’s permission.
Our Site may contain links to sites not owned or operated by The Skin Fairy. Any links to third party sites on our Site are purely for information purposes only and for Your convenience. By no means does this indicate that we endorse, sponsor, affiliate or recommend any products, services or content within third party sites and solely exclude ourselves from any liability associated with their site content, its owners or its providers. It is Your personal responsibility to ensure that any information on products or services available on our Site meets Your specific individual needs and We take no responsibility for the misuse of this information.
Should a dispute arise between us, We strongly encourage You to contact The Skin Fairy by email to firstname.lastname@example.org to seek a resolution. Any reasonable requests will be considered and The Skin Fairy will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
These Terms are governed by the law of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and its appellate courts.
The Skin Fairy Pty Ltd ACN 607 039 190
Registered address: 24/25 145 Stirling Highway, Nedlands, Western Australia 6009.
Phone: (08) 9386 1880