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TERMS OF SERVICE POLICIES
RETURNS POLICY
Peninsula Aesthetic and laser clinic
https://www.peninsulaaestheticandlaser.com.au/shop
(a) APPLICATION OF POLICY
This Returns Policy ("Policy") applies to the following purchases: purchases via www.peninsulaaestheticandlaser.com.au/shop
(b) CUSTOMER SATISFACTION IS OUR PRIORITY
(a) At Peninsula Aesthetic and laser clinic, customer satisfaction is our priority.
(b) We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this Policy.
(c) Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
(d) Please read this Policy before making a purchase, so that you understand your rights as well as what you can expect from us in the event that you are not happy with your purchase.
(c) AUSTRALIAN CONSUMER LAW
(a) We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law.
(b) The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products.
(c) If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantees which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.
(d) Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.
(e) If a product which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitled to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.
(f) If a product which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the product repaired or replaced.
(d) CHANGE OF MIND
We do not accept returns if you simply change your mind, or find the same product cheaper elsewhere.
(e) PRODUCTS DAMAGED DURING DELIVERY
In the event that a product which you ordered is damaged during delivery:
(a) Please contact us as soon as possible.
(b) Any damaged product must be returned in the condition it was in when you received it, together with any packaging and other items which you received with the damaged product.
(c) We will organise to repair the damaged product or to collect it and replace it with an equivalent product, or to provide a refund, provided that you contact us within the following time from the date you received the product: 1 week
(f) EXCEPTIONS
Notwithstanding the other provisions of this Policy, we may refuse to accept the return of a product you purchased if:
(a) You misused the product in a way which caused the problem.
(b) You knew or were made aware of the problem(s) with the product before you purchased it.
(c) You asked for alterations to a product, against our advice, or you were unclear about what you wanted.
(d) Any other exceptions apply under the Australian Consumer Law.
(g) BULKY ITEMS
(a) If the product you purchased is big or bulky and qualifies for a return (under the other clauses of this Policy), then you will need to contact us to arrange to return it.
(b) We may organise a courier to pick up the product, or will otherwise help you organise the return.
(h) PROOF OF PURCHASE
(a) To be eligible for a remedy under this Policy, all returns must be accompanied by a valid proof of purchase.
(b) A valid proof of purchase includes (but is not limited to):
(a) Original tax invoice;
(b) Electronic copy of tax invoice;
(c) Packing slip;
(c) Please note that order confirmation emails will not be accepted as a valid proof of purchase.
(d) While our team members are eager to help you exercise your rights under this Policy, it is your responsibility to provide proof of purchase. It is not the responsibility of our team members to verify your purchase.
(i) SHIPPING COSTS FOR RETURNS
(a) In the event that a product you purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law we will bear any costs of shipping the said product (the "Returned Product") back to us, as well as any costs of shipping any replacement product to you.
(b) If the Returned Product can easily be posted or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
(c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
(d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
(j) ASSISTANCE FROM MANUFACTURERS
(a) In some cases, manufacturers may provide assistance in relation to their products, and they may be able to resolve your issue more quickly.
(b) In some cases, manufacturers may provide warranties for their products, which go beyond the Consumer Guarantees under the Australian Consumer Law or any other rights which you may have under this Policy.
(c) You are not obliged to contact the manufacturer directly in order to seek a repair, replacement or refund. However, you may do so if you wish.
(k) RESPONSE TIME
We aim to process any returns within 14 days of having received them.
(l) PROOF OF IDENTITY
You may be required to present a government issued identification document in order to return a product and claim a remedy under this Policy.
(m) PAYMENT OF REFUNDS
(a) We will pay any refunds in the same form as the original purchase or to the same account or credit card as was used to make the original purchase, unless otherwise determined in our sole discretion.
(b) Alternatively, you may elect to receive store credit, which will be valid for three years from the date of return.
(n) HOW TO RETURN PRODUCTS
(a) You may contact us to discuss a return using the details at the end of this Policy.
(b) You may return products to the following address:
7 Foot street
Frankston Victoria 3199
Australia
(o) PRIVACY
(a) We are committed to protecting your privacy during the return process. To verify your identity and ensure secure transactions, we may request photo identification and record your name, ID type, number, expiry date, and signature. Acceptable identification must include your full name and a future expiry date, such as an Australian Driver's Licence or Passport.
(b) When returning products exceeding $1,000 in value and requesting a Tax Adjustment Note, we will require your name, address, and ABN (if applicable).
(c) We securely store collected information for a reasonable period. We may use it for fraud prevention, research, and analysis. We may also disclose it to relevant authorities as required by law.
(d) Please contact us if you want to access your return-related information which we are holding.
(p) CONTACT US
If you wish to speak to us about this Policy or about any refund, repairs or replacements, you may contact us at:
Peninsula Aesthetic and Laser Clinic (ABN 58499579309) (hereinafter "Seller")
https://www.peninsulaaestheticandlaser.com.au/shop
TERMS AND CONDITIONS FOR SALE OF GOODS
Please read the following important terms and conditions ("Terms") before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to. By making a purchase on our Website, you agree to be bound by these Terms.
These Terms set our your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.
(1) DEFINITIONS
In these Terms, the following definitions apply:
"ACL" means the Australian Consumer Law which is contained in the Competition and Consumer Act 2010 (Commonwealth).
"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in Victoria.
"Buyer", "you" or "your" means you, the person or organisation that is purchasing the Products through our Website.
"Confirmation" means an email which we send you to confirm that we have accepted your order, in accordance with the "Ordering From Us" clause of these Terms.
"Delivery Date" means any estimated date for delivery of your Products, as stated on our Website or otherwise communicated to you at the time of your purchase.
"Goods and Services Tax" means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth) or any other applicable law.
"Party" means either the Buyer or the Seller.
"Parties" means the Buyer and the Seller collectively.
"Price" means the price of our Products as published on our Website at the time that you make your purchase.
"Products" means the products that you are choosing to purchase through our Website which may include but is not limited to goods.
"Seller", "we", "us" or "our" means us, Peninsula Aesthetic and Laser Clinic (ABN 58499579309)
"Terms" means these terms and conditions as updated from time to time.
"Website" means our website located at https://www.peninsulaaestheticandlaser.com.au/shop together with any affiliated websites or pages.
(2) INTERPRETATION
In these Terms, unless the context otherwise requires, the following rules of interpretation shall apply:
(2.1) Words referring to one gender include every other gender.
(2.2) Words referring to a singular number include the plural, and words referring to a plural include the singular.
(2.3) If a word or phrase is defined in these Terms then any grammatical variations of that word or phrase have a corresponding meaning.
(2.4) Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa.
(2.5) Any reference to time is a reference to time in Victoria.
(2.6) In the event that something must be done under these Terms on or before a particular date, if that date falls on a day which is not a business day, then that thing must be done on or before the next business day.
(2.7) Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
(2.8) Headings and titles are included in these Terms for convenience only and shall not affect the interpretation of these Terms.
(2.9) Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to these Terms and the events contemplated by it.
(2.10) A reference to legislation or any part or provision of that legislation includes any subordinate legislation, any amended legislation, and any substituted legislation issued under that legislation.
(2.11) A reference to an agreement or document is a reference to that agreement or document as amended, replaced, supplemented or novated from time to time.
(2.12) A reference to a Party also includes that Party's successors, assigns, legal personal representatives and/or any person that is substituted by way of novation.
(2.13) Any reference to money or currency, unless otherwise specified, is a reference to Australian dollars.
(3) SALE
By making a purchase through our Website, you are buying the Products subject to these Terms and you agree to be legally bound by these Terms.
(4) ORDERING FROM US
(4.1) Here we set out how a legally binding contract between you and us is made.
(4.2) You place an order on our site by doing the following:
the user places poducts in a cart and then review the products, pays for the products and checkouts.
(4.3) Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
(4.4) When you place your order at the end of the online checkout process (e.g. when you confirm payment), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
(4.5) We may contact you to say that we do not accept your order. This is typically for the following reasons:
(4.5.1) the Product(s) are unavailable;
(4.5.2) we cannot authorise your payment;
(4.5.3) you are not allowed to buy the Product(s) from us;
(4.5.4) we are not allowed to sell the Product(s) to you;
(4.5.5) the number of Product(s) you have ordered is too large; or
(4.5.6) there has been a mistake on the pricing or description of the Product(s).
(4.6) We will only accept your order when we send you an email to confirm this ("Confirmation"). At this point:
(4.6.1) a legally binding contract will be in place between you and us; and
(4.6.2) your order will be fulfilled
(4.7) If you are under the age of 18 you may buy Products from our site. However, in some cases you may not be able to buy certain Products because you are too young. If so this will be set out on the relevant webpage for the Products concerned.
(5) DELIVERY OF PHYSICAL PRODUCTS
(5.1) This clause applies if you purchase physical Products from us.
(5.2) We use the following delivery services to deliver our physical Products:
Australia Post
(5.3) If you want to see your delivery options, visit our webpage https://www.peninsulaaestheticandlaser.com.au/cart-page?appSectionParams=%7B%22origin%22%3A%22cart-popup%22%7D before you place your order.
(5.4) The estimated date and time window for delivery of the Products is set out in the Confirmation.
(5.5) If something happens which:
(5.5.1) is outside of our control; and
(5.5.2) affects the estimated date of delivery;
then we will let you have a revised estimated date for delivery of the Products.
(5.6) Delivery of the Products will take place when we deliver them to the address that you gave to us.
(5.7) We may be unable to deliver the Products if we are unable to properly identify you. Please be prepared to provide a form of ID (passport or driving licence) on delivery of Products.
(5.8) Unless you and we agree otherwise, if we cannot deliver your Products within 30 days, we will:
(5.8.1) let you know;
(5.8.2) cancel your order; and
(5.8.3) give you a refund.
(5.9) If nobody is available to take delivery, please contact us using the contact details below.
(5.10) You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.
(5.11) We do not make deliveries to any addresses outside of Australia.
(5.12) We may deliver your Products in instalments. To check if your Products may be delivered in this way, click on the check the delivery details during the online checkout process.
(6) PAYMENT
(6.1) We accept the following means of payment:
Visa
Mastercard
Stripe
Afterpay
(6.2) We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted and secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
(6.3) Your credit card or debit card will only be charged when you confirm your order.
(6.4) All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.
(6.5) If your payment is not received by us and you have already received any Products, you:
(6.5.1) must pay for such Products within 30 days; or
(6.5.2) must return them to us as soon as possible. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the Products) and not use them before you return them to us.
(6.6) If you do not return any Products (such as where you have not paid for them) we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.
(6.7) The price of the Products:
(6.7.1) is in Australian dollars ($AUD);
(6.7.2) includes GST at the applicable rate; and
(6.7.3) does not include the cost of delivering the Products (delivery options and costs will be provided before you place your order).
(7) PRICES
(7.1) The Prices for our Products may be updated from time to time.
(7.2) Up to date Prices for our Products are published on our Website.
(7.3) By making a purchase on our Website, you agree to the up to date Price(s) for your selected Products, as published on our Website at the time of your purchase.
(8) TAXES, DUTIES AND OTHER CHARGES
(8.1) Unless otherwise stated, our Prices do not include Goods and Services Tax, insurance, shipping and/or delivery costs and import charges (such as customs duties or levies) or other applicable taxes of duties.
(8.2) By making a purchase on our Website, you acknowledge that you are responsible for any Goods and Services Tax, insurance, shipping costs and import charges (such as customs duties or levies) or other applicable taxes of duties.
(9) SHIPPING AND DELIVERY COSTS
(9.1) Unless otherwise stated, you agree to pay any applicable shipping and/or delivery costs related to your Products.
(9.2) Shipping and/or delivery costs vary depending on your chosen delivery method and delivery location.
(9.3) Applicable shipping and/or delivery costs are published on our Website at the time of your purchase.
(9.4) By making your purchase, you agree to the applicable shipping and/or delivery costs as published on our Website or communicated to you at the time of your purchase.
(10) SOLD "AS IS"
You agree that the Products are being sold "as is", without any warranty of any kind, either express or implied (except as required by law), regarding the condition of the Products. You expressly disclaim any implied warranties of merchantability or of fitness for a particular purpose.
(11) TITLE
Title to the Products will remain with the us until we have received the Purchase Price in full together with any applicable taxes, duties, shipping or delivery costs or other fees or charges payable to us by you in relation to your Products.
(12) LIMITATION OF LIABILITY
(12.1) The Buyer may have certain rights under the Australian Consumer Law ("ACL"), or under other similar or related consumer protection laws.
(12.2) The ACL may give the Buyer certain rights, warranties, guarantees and remedies regarding the provision of goods or services by the Seller, which cannot be excluded, modified or restricted by the Seller ("Statutory Rights").
(12.3) The Seller's liability to the Buyer is governed solely by the ACL and by these Terms. To the maximum extent permitted by law, and except as otherwise expressly provided in these Terms, the Seller excludes all conditions and warranties implied by custom, law or statute, except for the Buyer's Statutory Rights, and the Seller expressly disclaims all warranties of any kind including but not limited to implied warranties that the Products are fit for a particular purpose.
(12.4) The Buyer hereby agrees that the Buyer is solely responsible for evaluating the Products and for determining whether the Products are fit for the Buyer's purpose.
(12.5) The Buyer hereby agrees that the Seller is not liable for any direct, indirect, consequential or incidental loss or damage which may result from the Buyer's use of the Products. For the sake of clarity, in no event will the Seller be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, or loss of data, even if the possibility of such loss was made known to the Seller.
(12.6) When the Buyer's Statutory Rights apply, to the maximum extent possible, the Seller's liability in respect of any claim is limited to, at the Seller's option:
(12.6.1) A repair of the Products; or
(12.6.2) A replacement of the Products; or
(12.6.3) A refund of the Purchase Price paid by the Buyer.
(12.7) The Seller's failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(12.8) Subject to the sub-clauses below titled "Exceptions", we shall not be liable for any of the following (whether direct or indirect):
(12.8.1) loss of profit;
(12.8.2) loss or corruption of data;
(12.8.3) loss of use;
(12.8.4) loss of production;
(12.8.5) loss of contract;
(12.8.6) loss of opportunity;
(12.8.7) loss of savings, discount or rebate (whether actual or anticipated); or
(12.8.8) harm to reputation or loss of goodwill.
(12.9) Exceptions:
(12.9.1) The limitations of liability set out above shall not apply in respect of any indemnities given by either party under these Terms.
(12.9.2) Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:
(12.9.2.1) death or personal injury caused by negligence;
(12.9.2.2) fraud or fraudulent misrepresentation;
(12.9.2.3) any other losses which cannot be excluded or limited by applicable law;
(12.9.2.4) any losses caused by wilful misconduct.
(12.10) This clause will survive the termination or expiration of these Terms.
(13) CONFIDENTIALITY AND INTELLECTUAL PROPERTY
(13.1) For the purpose of this clause, "Intellectual Property" may include but is not limited to:
any and all inventions, patents, utility models, design rights, copyright, know how, trade secrets, trade marks, trade names, confidential information, service marks and goodwill subsisting in, resulting from or relating to the Products, or any documents, drawings, specifications and/or patterns relating thereto either:
(13.1.1) supplied by us to you in connection with the Products, or
(13.1.2) supplied by us to you or disclosed to or obtained by you pursuant to or as a result of these Terms, or
(13.1.3) resulting from the Products, unless otherwise expressly agreed by the Seller in writing.
(13.2) You shall not, under any circumstances acquire any right in or to any Intellectual Property.
(13.3) We shall have the right to apply any trade marks, trade names and/or service marks to the Products. You acknowledges that no rights are granted to you by the use by you of such trade marks, trade names and/or service marks. You shall not deface, remove or obliterate any trade marks, trade names or logos applied by the Seller on or in relation to the Products.
(13.4) If you shall in any way acquire any such rights in any Intellectual Property then you shall immediately inform us and shall forthwith take such steps as may be required by the Seller to assign such rights or vest such title in us.
(13.5) The Parties each respectively acknowledge and agree that unless otherwise expressly agreed between the Parties, the terms of these Terms, and the fact that these Terms exists, are confidential.
(13.6) You shall keep confidential and not use, without the prior written consent of us, all or any information including without limit, that information supplied by us to you or disclosed to or obtained by you pursuant to or as a result of these Terms, and shall not divulge the same to any third party except to the extent that any such information is or becomes public through no fault of yours, or disclosure of the same is required by law or by any other governmental or other regulatory body.
(13.7) This clause will survive the termination or expiration of these Terms.
(14) INDEMNITY AND INSURANCE
(14.1) You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under these Terms.
(14.2) You shall have in place contracts of insurance with reputable insurers incorporated in Australia to cover your obligations under these Terms. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.
(15) RIGHTS OF THIRD PARTIES
No one other than a party to these Terms has any right to enforce any of these Terms.
(16) TERMINATION
(16.1) In addition to any other rights that are set out in these Terms, if either Party defaults in its obligations under these Terms ("Defaulting Party"), the other Party can terminate the contract created between us under these Terms by providing written notice to the Defaulting Party.
(16.2) If the contract that is created between us under these Terms is ended it will not affect our right to receive any money which you owe to us under this Terms.
(17) WARRANTIES REGARDING LEGAL ADVICE
(17.1) Each Party, (which for the purposes of this clause shall be referred to as the "Warranting Party" as the context requires) hereby respectively warrants:
(17.1.1) that the Warranting Party fully understands the terms of these Terms.
(17.1.2) that the Warranting Party has had the opportunity to obtain independent legal advice in relation to the matters addressed by these Terms and the Warranting Party has either:
(17.1.2.1) taken such independent legal advice; or
(17.1.2.2) elected not to take such independent legal advice.
(17.1.3) that the Warranting Party has not been induced to enter these Terms by any representation(s) made by the other Party or by any officer, employee, director, agent, contractor, assignee, successor or other representative of the other Party, except as provided in these Terms.
(17.2) This clause will survive the termination or expiration of these Terms.
(18) DISPUTES
(18.1) We will try to resolve any disputes with you quickly and efficiently.
(18.2) If you are unhappy with:
(18.2.1) the Product(s);
(18.2.2) our service to you; or
(18.2.3) any other matter;
please contact us as soon as possible using the details provided in the "Contact Us" clause, below.
(19) UPDATES TO THESE TERMS
(19.1) These Terms may be updated from time to time.
(19.2) The latest version of these Terms is displayed on our Website and/or at the bottom of these Terms.
(19.3) By making a purchase on our Website, you agree to these Terms, including any updates, as published on the Website at the time of your purchase.
(20) GENERAL PROVISIONS
(21) GOVERNING LAW: these Terms shall be governed in all respects by the laws of Victoria and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within Victoria.
(22) LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the English language.
(23) ASSIGNMENT: these Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party except with the other Party's prior written consent.
(24) AMENDMENTS: these Terms may only be amended in writing signed by both Parties.
(25) RIGHTS, REMEDIES AND POWERS: Unless expressly provided in these Terms, any rights, remedies or powers which a Party acquires under these Terms are cumulative and apply in addition to any rights, remedies or powers which that Party may otherwise have. Unless expressly provided in these Terms, nothing in these Terms shall in any way reduce, extinguish, postpone or otherwise limit any right, remedy or power which that Party may have.
(26) SURVIVAL OF OBLIGATIONS: At the termination or expiration of these Terms, any provisions of these Terms which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which are explicitly stated to survive termination and/or expiration.
(27) NO WAIVER: None of the terms of these Terms shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of these Terms between the Parties. No waiver of any term or provision of these Terms shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of these Terms shall not constitute waiver of such term or any other term.
(28) SEVERABILITY: If any provision or term of these Terms is held to be unenforceable, then these Terms will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Terms, valid and enforceable. If a court declines to amend these Terms as provided herein, the invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in these Terms.
(29) ENTIRE AGREEMENT: In relation to the subject matter of these Terms, these Terms constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
(30) COUNTERPARTS: these Terms may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, these Terms is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
(31) FURTHER ACTS: Each Party must, and must ensure that its employees, agents and representatives, do all things and sign, execute and deliver all documents, agreements and instruments as reasonably required in order to give effect to these Terms and to the rights and obligations of the Parties created under these Terms.
(32) FORCE MAJEURE/EXCUSE: Neither Party is liable to the other for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. Seller is not liable for any delivery delay or non-performance caused by labor or transportation disputes or shortage, material delays, or delays or non-performance caused by any of Seller's suppliers. If Seller is unable to perform for any reason within 30 (thirty) days after the expected date of delivery, Seller may terminate these Terms in full and provide a complete and total refund to Buyer of any fees paid.
(33) CONTACT US
(33.1) If you do not understand any of these Terms and want to talk to us about it, please contact us by:
email: admin@peninsula-alc.com.au, or
telephone: 03 9989 2628. We may record calls for quality and training purposes. Please note that calls will be answered at the following times:
9am-5pm EST Monday to Friday
(34) LAST UPDATED
These Terms are current and up to date as of: 4th December 2024
PRIVACY POLICY FOR WEBSITE
https://www.peninsulaaestheticandlaser.com.au/shop
Effective Date: 04/12/2024
This privacy policy (hereinafter "Privacy Policy") deals with the protection of Your privacy while You use Our website which is hereinafter referred to as "the Product" and which is located at: https://www.peninsulaaestheticandlaser.com.au/shop
The Product is owned and operated by: The trustee for Peninsula Aesthetic and Laser Clinic
We are committed to the protection of Your privacy while You use the Product.
This Privacy Policy only applies to the Product. The Product may contain links to other websites or applications, but if that is the case, the Privacy Policy does not apply to any of those linked websites or applications.
We gather certain information from users of the Product, so this Privacy Policy explains what information we collect, how we use it, and your rights in relation to it.
By continuing to use the Product You acknowledge that You have had the chance to review and consider this Privacy Policy, and You acknowledge that You agree to it. This means that You also consent to the use of Your information and the method of disclosure as described in this Privacy Policy. If You do not understand the Privacy Policy or do not agree to it then please do not use the Product.
1. DEFINITIONS
"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Website, Content and Materials as well as all copyrights, trademarks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.
"Content" means any content, writing, images, audiovisual content or other information published on the Product.
"Effective Date" means the date that this Privacy Policy comes into force.
"Goods" means any or all goods provided by or on the Product.
"Items" means any and all of the Product, Goods, Content and Materials collectively.
"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Product including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Goods or Product.
"Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.
"Personal Information" means information that we obtain from You in connection with Your use of the Product.
"Privacy Policy" means this privacy policy.
"Product" means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at: https://www.peninsulaaestheticandlaser.com.au/shop
"Third Party Links" means links or references to websites other than the Website, to content other than the Content or to materials other than the Materials, none of which are controlled by Us.
"Us", "We", "Our" or "the Owner" refers to The trustee for Peninsula Aesthetic and Laser Clinic
"Us", "We", "Our" or "the Owner" also includes any employees, affiliates, agents or other representatives of The trustee for Peninsula Aesthetic and Laser Clinic
"You" or "Your" refers to the user of the Website.
"Your Content" means any Content posted to or added to the Website, Content or Materials by You or by somebody authorised by You or doing so on Your behalf.
2. INTERPRETATION
a. In this Privacy Policy, unless the context otherwise requires, the following rules of interpretation shall apply:
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
IV. Headings and titles are included in this Privacy Policy for convenience only and shall not affect the interpretation of this Privacy Policy.
V. Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Privacy Policy and the events contemplated by it.
VI. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
3. TYPE OF INFORMATION AND HOW IT IS COLLECTED
a. When You use the Product, We may collect information from You through automatic tracking systems (such as information about your browsing preferences).
b. In addition, We may collect information that You volunteer to Us (such as information that You provide during a sign up process or at other times while using the Product).
c. In order to access some specific features of the Product, You are required to provide some Personal Information. During this process, We collect some of Your Personal Information, in the following manner:
I. We will not collect information that identifies You personally, except when You specifically volunteer that information to Us when using specific Product features. These specific Product features might include, but are not limited to:
A. making purchases
B. receiving notifications by text message or email about events and promotions
C. receiving general emails from Us
II. In addition to any Personal Information that You are required to provide in order to access these additional Product features, in some cases You may be required to provide more specific information. For example, in order to make purchases, You may need to provide credit card information, billing information and postal addresses.
4. COOKIES
a. Cookies are small files stored on Your computer or mobile device which collect information about Your browsing behaviour.
b. Cookies do not access information which is stored on Your computer.
c. Cookies enable us to tailor our configurations to Your needs and preferences, in order to improve Your user experience.
d. Most internet browsers accept cookies automatically, although You are able to change Your browser settings to control cookies, including whether or not You accept them, and how to remove them. You may also be able to set Your browser to advise You if You receive a cookie, or to block or delete cookies. However, if You do this, You may be prevented from taking full advantage of the Product.
e. Third parties who advertise on the Product may use cookies in order to learn about Your browsing preferences and to present relevant advertisements to You. Cookies enable these advertisers to recognise Your computer each time You are sent an advertisement. It allows them to compile information about where You saw their advertisement, and to better target their advertisements. You may notice these targeted advertisements on the Product or on other websites that You visit. We do not control the cookies that may be used by these third party advertisers. This Privacy Policy only addresses Our use of cookies and does not address the use of cookies by any of these third party advertisers. For information about the use of cookies by these third party advertisers you will need to consult their privacy policies or cookies policies respectively.
5. HOW YOUR INFORMATION IS STORED
a. Please note that no systems involving the transmission of information via the internet, or the electronic storage of data, are completely secure. However, we take the protection and storage of Your Personal Information very seriously. We take all reasonable steps to protect Your Personal Information.
b. We use appropriate physical, digital, managerial and security systems to store Your Personal Information and to protect it against unauthorised access, destruction or disclosure.
6. COMBINING INFORMATION
a. We do not combine, link or aggregate any of Your Personal Information with other Personal Information of Yours which We are holding.
7. HOW YOUR INFORMATION IS USED
a. We use Your Personal Information to help us improve your experience with Our Product. We may use Your Personal Information for purposes including but not limited to:
I. order fulfilment.
II. providing customer service to You.
III. marketing and advertising to You including both direct and indirect marketing and advertising and including marketing and advertising about products that may interest You based on Your personal preferences or demographics.
IV. advising You about updates to the Product or related Items.
8. MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS
a. Part or all of Our business may be merged, restructured or sold including but not limited to through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, bankruptcy or insolvency proceedings.
b. In the event that such a merger, restructure or sale occurs as described in the preceding sub-clause hereof, We may transfer Your Personal Information, including personally identifiable information, as part of that merger, restructure or sale.
9. EMAIL OPT IN/OUT
If You receive an email from Us in relation to the Product and would prefer not to receive such correspondence in the future, You may follow the instructions in the email to opt out of future correspondence. You may also contact Us, using the details at the bottom of this Privacy Policy, in order to opt out of future correspondence. We will make all reasonable efforts to promptly comply with Your requests. However, You may receive subsequent correspondence from Us while Your request is being handled.
10. ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION
a. You have the right to request access to any of Your Personal Information which We are holding.
b. You have the right to request that any of Your Personal Information which We are holding be updated or corrected.
c. In order to request access, an update or a correction to Your Personal Information, you may contact us using the details at the end of this Privacy Policy.
11. DISCLAIMER REGARDING SECURITY
By continuing to use the Product, You agree to the terms of this Privacy Policy. You acknowledge, agree and accept that no transmission of information or data via the internet is completely secure. You acknowledge, agree and accept that We do not guarantee or warrant the security of any information that You provide to Us, and that You transmit such information at Your own risk.
12. CHANGES TO THIS POLICY
a. We may make changes to this Privacy Policy at any time in Our sole discretion.
b. If We make changes to this Privacy Policy, unless We obtain Your express consent to those changes, then such changes will only apply to any information that We obtain from You after the date that the changes take effect.
c. If We make changes to this Privacy Policy, Your continued use of the Product after the date that the changes take effect confirms that You acknowledge, accept and agree to those changes.
13. COMPLAINTS
a. We take customer satisfaction very seriously. If You have a complaint in relation to Our handling of Your Personal Information, We will endeavour to handle it promptly and fairly. For Your information, an overview of Our complaints handling procedure is as follows:
I. Complaints are reviews within 7 days and must be in writing to admin@peninsula-alc.com.au
II. If You have a complaint in relation to Our handling of Your Personal Information, You should use the following procedure to lodge Your complaint with Us:
email us at
admin@peninsula-alc.com.au
III. If You are not satisfied with Our response to Your complaint, You may refer your complaint to the relevant external dispute resolution organisation in Your area.
14. CONTACT US
You can contact Us about this Privacy Policy using the following details:
admin@peninsula-alc.com.au
03 9989 2628