TERMS AND CONDITIONS
Welcome to our website www.real-u.com.au . This Website is owned and operated by Execo Holdings Pty Ltd (ACN 651 853 922), trading as real-u.
These Terms govern your use of our Website as well as our supply of Goods and Services to you through our online store located at the Website.
By using our Website you acknowledge that you have read, understood and are happy to abide by our terms and conditions. When you place an order with us, you are agreeing to our terms and conditions.
1. Shipping & Delivery
We will arrange for delivery of the goods to the Delivery Address that you nominate provided that you comply with any delivery arrangements reasonably required by us, or our transportation contractor. If your products are returned to us and are required to be shipped out again, you will need to pay an additional flat fee for postage.
If your parcel is marked as ‘delivered’ by the local postal service, yet you do not physically have your parcel, it is up to the customer, not Execo Holdings to contact the local postal service to follow up the problem. If the local postal service and the customer do not resolve the discrepancy, Execo Holdingsis not liable to refund or resend your order.
If you do not receive your order for any reason, you need to notify us within 30 days of placing your order.
AUSTRALIAN SHIPPING: Products are dispatched within 1-2 business days of the order being placed. We send all our parcels with Australia Post, please allow 2-5 days for express post and 4-10 days for standard shipping. You will receive a tracking email once your order has been dispatched. These delivery times are estimates only, we will not be liable for any delays in delivery caused by any transportation contractor.
INTERNATIONAL SHIPPING: Due to COVID-19 extra high shipping surcharges and delays, we have temporarily suspended shipping to many countries. We apologise for any inconvenience and look forward to getting your skincare to you once shipping is more cost effective for you. We are currently still shipping to America and New Zealand. For order inquiries outside of Australia, New Zealand and the United States, please email firstname.lastname@example.org for a quote.
SEE OUR REFUNDS AND RETURNS POLICY HERE
3. Consumer Guarantees
Everyones skin is different and responds differently and although real-u has been proven to be very effective for most people there are many factors that can contribute to acne both internally and externally. This is why we can't guarantee results, as much as we wish we could. For this reason, we have made available ‘Travel packs’ for you to try first to see how your skin likes real-u.
The price that you must pay for Goods is the price specified as being payable on the ‘checkout’ page of the online store as at the time you place your order.
You must also pay any shipping, delivery or other relevant transportation cost, as specified on the ‘checkout’ pages of the online store or which Execo Holdings otherwise notifies you of at the time you place an Order.
All prices are listed in Australian Dollars ($AUD) and include GST for Australian customers. All orders shipped outside of Australia will not include GST. If the price specified does not include GST however GST is determined by Execo Holdings to be payable, you must pay the amount for any GST payable on a taxable supply made by Execo Holdings in connection with any order.
For orders shipped outside of Australia, all import duties, value added taxes and other taxes in respect of the country of destination are the sole responsibility of the purchaser of the Goods. Execo Holdings bears no responsibility for any charges associated with the delivery of Goods to their final destination.
If you require further information on any applicable import duties and taxes you should contact your local customs office directly.
If your order is held in customs, it is the responsibility of the buyer/customer to contact their local customs and organise for their order to clear customs. Execo Holdings is not liable to contact customs officials, or refund any orders which are refused by local customs and returned to Execo Holdings. Execo Holdings provides all necessary documents to clear customs with each order.
To comply with Australian export regulations, we are required to declare the exact value of all items ordered and to mark them as dutiable merchandise. We are also prohibited by law from marking the order as a 'gift', even if an Order is placed with the intention of sending the relevant Goods to a gift recipient.
7. Currency Disclaimer
All charges are represented in $AUD (Australian Dollar). We are not liable for any discrepancies in charges for international currencies and all transactions processed on the Website will be charged to the customer in the equivalent amount in their host country.
8. Information disclaimer
Execo Holdings (real-u) does not represent themselves as a doctor/physician, nor is it implied.
All information, including information relating to skin conditions, products and treatments, is for informational purposes only. This information is not intended as, nor is it to be treated as medical advice or as a substitute for professional medical advice, and you must not rely on it as such. You should always seek the advice of your general practitioner, other medical practitioner or qualified health provider with any questions you may have regarding your or any other party’s medical condition.
We do not diagnose, treat, cure, or prevent any condition. If you have a pre-existing skin condition, allergy or ailment or any specific health concerns regarding the application or use of our Goods, including any known allergies to any ingredient, we recommend that you obtain medical advice from an appropriately qualified healthcare professional before using or deciding to use real-u.
9. Order Acceptance Policy
Each Order placed by you is an offer by you to purchase the Goods specified in that order from Execo Holdings on these Terms.
Your receipt of an electronic or other form of order confirmation from Execo Holdings does not signify our acceptance of your Order.
Execo Holdings reserves the right at any time to accept or decline your Order for any reason.
Execo Holdings reserves the right at any time, without prior notice to you, to supply less than the quantity you ordered of any item.
Execo Holdings reserves the right to monitor and limit the purchase amounts of products at its sole discretion.
Execo Holdings reserves the right to restrict sales of Goods to a non-commercial level at our sole discretion. In such cases Execo Holdings will reduce the Goods it is willing to supply to what Execo Holdings considers a non-commercial quantity.
10. Your Account obligations
You agree to:
a) where you submit a registration form or other information to us, provide true, accurate, current and complete information about yourself as prompted by the form; and
b) maintain and promptly update the registration or other similar information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Website.
You are responsible for maintaining the confidentiality of your password and other registration information and agree that you are solely responsible for all activities associated with your account.
You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security in respect of your password or account.
11. Termination and cancellation
We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website with or without notice.
Execo Holdings may cancel any Order where:
a) you do not pay an amount due to Execo Holdings by the due date for payment or any payment Execo Holdings receives from you is revoked, charged back or otherwise cancelled;
b) you breach any other provision of these Terms and do not remedy the breach within 5 days of Execo Holdings providing you with written notice specifying the breach and the remedy required; or
c) you commit a breach of these Terms which, in Execo Holdings reasonably held opinion, cannot be remedied.
Following cancellation under this clause, Execo Holdings may refuse to accept any further Orders from or for you.
Without limiting the above, Execo Holdings may cancel or suspend any Order effective immediately upon providing you with written notice of cancellation or suspension where Execo Holdings believes that it will be unable to supply the relevant Goods to you due to stock availability or other similar issues, provided that if Execo Holdings cancels a contract or Order on such basis, it will refund to you any amounts already paid by you for the Goods the subject of the cancellation. Subject to your rights under the Australian Consumer Law, you may not cancel any Order placed by you once Execo Holdings have confirmed receipt the Order.
12. Use of Website
Unless otherwise specified, all material appearing on this website and our social media channels, including the text, design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (Content) as well as the selection, assembly and arrangement of the content is the property of Execo Holdings and is protected by Australian and international copyright laws.
All audio and video clips located on or accessible from the website and our social media channels are the sole property of Execo Holdings or their respective content providers. You acknowledge that the website and social media channels contains content, audio and video clips and software that are protected by copyrights, trade marks, or other intellectual property rights, and that these rights are valid and may be protected in all forms, media and technologies which exist now or are developed in the future.
You may use the website and the content only for the purpose of viewing the website, shopping on the website or placing an order. No content or other materials from this website or our social media channels may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Execo Holdings prior written consent.
All rights not expressly granted herein are reserved. Any unauthorised use of the content or other materials appearing on the website may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
In addition, you expressly agree that your use of the website is at your sole risk and no warranty is made that any information on or linked to/ from the Website is complete and/or accurate. You agree that you rely on this information at your own risk and indemnify Execo Holdings (t/a real-u) from and against any and all claims, demands, damages, losses, costs or expenses arising from, or relating to your use of this information and/or products. Execo Holdings its directors, officers, employees and representatives, third-party content providers or the like do not warrant that the Website will be uninterrupted or error-free. In addition Execo Holdings does not make any warranty as to the results that may be obtained from the use of the website, or use of the information, content, service, or goods provided through the website.
You agree to indemnify and hold Execo Holdings, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of use of the website and/or use of the products.
13. General provisions
Execo Holdings will not be liable for a failure in the performance of obligations under these terms or any order by reason which is beyond Execo Holdings reasonable control.
These terms, the relevant order and any invoice constitute the entire agreement between you and Execo Holdings in respect of your use of the website and goods sold through the online store located at the website.
These terms prevail over any terms and conditions which you provide and any terms and conditions included by you in an order will only be binding on us if expressly agreed by us in writing.
These terms are governed by the laws in force in the State of Victoria in Australia and you and Execo Holdings submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
No provision of these terms will be construed to the disadvantage Execo Holdings merely because Execo Holdings was responsible for the preparation of these terms or the inclusion of the provision in these terms.
1. The Promoter is real-u , ABN 39 166 650 540, 12/327 Clarendon St South Melbourne VIC 3205
2. Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
3. If there is any inconsistency between these terms and conditions and anything else that refers to this competition, these terms and conditions will prevail.
Who Can Enter
4. Entry is open to anyone who is over the age of 16, and are not employees and immediate families of the promoter and their associated companies and agencies. Immediate family includes the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin.
5. Entrants must be 16 years of age or older as at the date of entry in order to be eligible to enter the competition.
6. Entrants under 18 years of age must obtain the prior permission of their parent or legal guardian in order to be able to enter. The promoter may require any such entrant’s parent or legal guardian to sign a release at the Promoter’s discretion in which the parent or legal guardian accepts responsibility for the acts and forbearances of the winner. The release will include the parent or legal guardian’s full name, address and telephone number. Failure to agree to the release and provide these details will invalidate the winner’s entitlement to the prize, subject to State and Territory legislation. If the competition winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian.
7. The promoter reserves the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
When To Enter
8. Entries must be received by the promoter prior to the competition close date and time as advertised for each competition.
9. The time of entry will in each case be the time the online entry is received by the promoter’s database, not at the time of transmission by the entrant.
10. The promoter accepts no responsibility for any late, lost or misdirected entries including SMS messages not received by the promoter or delays in the delivery of the SMS message due to technical disruptions, network congestion or for any other reason. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account is invalid and will not be accepted.
How To Enter
11. Entrants must enter the competition as specified on the platform it is advertised. For example, if the competition is run on Instagram, you may log onto www.Instagram.com/realu and follow the rules as set out on the post where the competition is listed.
12. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these conditions of entry. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. The promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry.
An entrant’s entry must not include:
(a) any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
(b) any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
(c) any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these conditions of entry.
The Promoter reserves the right to disqualify a winner if the promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause below:
13. Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
14. The promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms & conditions or who has, in the opinion of promoter, engaged in conduct in entering the promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases.
Number of Entries Permitted:
Entrants may enter as many times as they like but only one prize will be awarded.
Draw and Notification of Winner
15. The winner will be a randomly selected valid entry submitted in accordance with these terms and conditions that is selected by a judge through a selection process conducted by real-u Australia at 12-327 Clarendon St, South Melbourne, 3205
16. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
17. The winner will be notified by social media within three days of the draw.
18. Prizes will be awarded to person named in the entry.
19. Should the entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the promoter. A request to access or modify any information provided in an entry should be directed to the promoter.
20. Subject to State Regulation, an unclaimed prize draw will take place by real-u within 30 days of the original draw The winner of the unclaimed prize draw will be notified by social media within two days of that draw. Winner of prize will be published on the real-u Australia branded Instagram account within 14 days of the draw.
Prize On Offer
21. Total prize pool value is specified at the time of the competition, please refer to the social media account where the competition is being run.
23. Prize includes delivery to a manned address or business address Monday to Friday 9am -5pm. All prizes will delivered in the one delivery to the one location.
22. Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
24. Prizes cannot be transferred, exchanged or redeemed for cash.
25. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties .
26. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion. If an entrant under 18 years of age wins a prize then their parent or guardian must sign the legal release referred to in this clause on the minor’s behalf.
27. All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs to any media or other organisation, including the internet. Photographs will be allowed only at the discretion of the Promoter.
28. Gift vouchers are subject to the terms and conditions imposed by the gift card provider. Once awarded, the Promoter is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way.
Further Terms and Conditions
29. Subject to complying with all relevant State and Territory legislation, the Promoter reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of the competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
30.. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
31. If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
32. Entrants are responsible for any cost associated with accessing the promotional website. Access to that site is dependent on the Internet service provider.
33. If an entrant uses any form of software or third party application to enter multiple times (including scripting software), organises for a third party to enter on their behalf in breach of these terms and conditions or enters using incorrect contact details, his or her entry will be deemed invalid. If such an entrant wins a prize, the entrant must immediately return the prize to the Promoter. The Promoter has sole discretion to determine whether an entrant has breached this clause. The Promoter reserves the right to request whatever documentation it deems necessary to confirm whether an entrant has breached this clause. Entrants must provide whatever documents the Promoter requires upon request.
34. If the prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
35. The Promoter will make reasonable efforts to deliver prizes to the addresses provided by competition entrants. If a prize is returned to the Promoter because it could not be delivered to the address provided, the Promoter cannot guarantee that it will be able to resend the prize to the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
36. The Promoter reserves the right to redraw the prize if an entrant who claims to be a prize winner is unable to satisfy these terms and conditions.
15. Break the Glass Emergency campaign
Any content you post may be used for any and all promotional purposes deemed appropriate by real-u across all paid and unpaid advertising, social media channels, websites and EDM. Content will never be used by 3rd parties and it will only be featured to help spread the word of clear skin and confidence in a respectful, positive manner by real-u Australia