Real-u WEBSITE - TERMS & CONDITIONS

Welcome to our website www.real-u.com.au (Website). This Website is owned and operated by Greatskin Pty Ltd. (ACN 166 650 540) (Greatskin, we or us).

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 had sufficient opportunity to access the Terms and that you have read and agree to be bound by the Terms. Your placement of an Order also indicates that you agree to be bound by these Terms.

We are committed to protecting your privacy. Please read our Privacy Policy, available at http://real-u.com.au/privacy. By agreeing to these Terms, you consent to the collection, use and disclosure of your personal information as set out in our Privacy Policy.

1. Definitions

Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any equivalent State or Territory legislation.

Delivery Address means the address for delivery of the Goods the subject of an Order as provided by you when you place an Order.

Goods means the range of products sold by Greatskin from time to time.

GST has the meaning given to it by the GST Act.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended, varied or modified from time to time.

Order means each order for the supply of Goods you place with Greatskin from time to time, including Orders placed via the online store accessible via the Website.

Services means delivery or any other services requested by you in an Order or provided to you by or on behalf of Greatskin from time to time.

Terms means the terms and conditions set out in this document.

2. Information disclaimer

The information on the Website is provided without any representations or warranties either express or implied.

All information contained on the Website, including information relating to skin conditions, products and treatments, is for informational purposes only and is often presented in summary or aggregate form. 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 pharmacist, general practitioner, other medical practitioner or qualified health provider with any questions you may have regarding your or any other party’s medical condition. Information and statements on the Website are not intended to diagnose, treat, cure, or prevent any condition.

Nothing contained in the Website is intended to be or should be taken as a medical diagnosis or treatment.

If you have a pre-existing skin condition, allergy or ailment or any specific health concerns regarding the application or use of our Goods, we recommend that you obtain medical advice from an appropriately qualified healthcare professional before using or deciding to use the Goods.

In addition, 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 Greatskin from and against any and all claims, demands, damages, losses, costs or expenses arising from, or relating to your use of this information.

3. Copyright and trade marks

This Website is owned and operated by Greatskin. Unless otherwise specified, all material appearing on this Website, including the text, Website 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 Greatskin and is protected by Australian and international copyright laws.

All audio and video clips located on or accessible from the Website are the sole property of Greatskin or their respective content providers. You acknowledge that the Website 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 may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Greatskin’s 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.

4. Use of Website

We grant you a non-exclusive, revocable, worldwide, non-transferable right and licence to access and use the Website for personal, non-commercial use, in accordance with the Terms. All other uses of the Website are prohibited without our prior written consent. Subject to any rights you may have under the Australian Consumer Law, you expressly agree that your use of the Website is at your sole risk. Greatskin 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 Greatskin 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.

Further, Greatskin explicitly disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from the Website. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.

Subject to any rights you may have under the Australian Consumer Law, under no circumstances shall we or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from:

i. the use of or inability to use the Website;

ii. the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Website;

iii. unauthorized access to or alteration of your registration information, transmissions or data;

iv. statements or conduct of any third party on the Website; or

v. negligent or wilful acts of Greatskin, its directors, officers, employees and representatives or any other matter relating to the Website.

You agree to indemnify and hold Greatskin, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any any third party due to or arising out of the content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of theseTerms, or your violation of any rights of another.

5. 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.

Please review our Privacy Policy for details on how we collect, use, disclose and manage your personal information.

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 unauthorized use of your password or account or any other breach of security in respect of your password or account.

6. Prices

The price that you must pay for Goods which you order through the Website 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 costs associated with the delivery of the Goods, as specified on the ‘checkout’ pages of the online store located at Website as being payable or which Greatskin otherwise notifies you of at the time you place or otherwise elect to proceed with an Order.

7. Taxes

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 Greatskin to be payable, you must pay to Greatskin the amount for any GST payable on a taxable supply made by Greatskin 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. Greatskin 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.

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.

In the event any Goods are listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Greatskin shall have the right to refuse or cancel any Orders placed for Goods listed at the incorrect price. Greatskin shall have the right to refuse or cancel any such Orders whether or not the Order has been confirmed and your credit card or other payment method charged. If your credit card or other payment method has already been charged for the purchase and your Order is cancelled, Greatskin will refund any amount charged to your credit card or otherwise paid by you in respect of the Order.

This clause does not merge on completion or termination of any Order. In this clause, words and expressions which are defined in the GST Act have the same meaning given to them by the GST Act.

8. Payment Methods

Payment of the price for Goods and any shipping, delivery or transportation costs must be made upon submission of the relevant Order and we will not complete the processing of any Order or dispatch Goods for delivery to you unless we receive payment of such amount in full.

Greatskin accepts payments from Paypal and all major credit cards, including Visa, MasterCard, American Express and Diners Club. Payment processing will not begin until we receive all the information we require.

For payments using PayPal, once you have selected PayPal as your preferred method of payment, you will be transferred to the PayPal Website, and PayPal will handle your payment. Orders are processed by us upon receipt of payment for that Order from PayPal.

For payments using credit cards, we accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or MasterCard transactions with Greatskin, however a surcharge may apply for other credit cards.

You must provide the correct billing address and telephone number associated with your credit cards. You acknowledge that incorrect information may cause a delay in processing your order.

Your credit card will be billed as soon as your Order is placed. This is done to protect the security of your credit card details. We accept payment through secure third party gateways Paypal (www.paypal.com) and Stripe (www.stripe.com) and do not store your card details at any point.

9. Currency Disclaimer

As Australia is the Website’s host country all charges are represented in $AUD. 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.

10. 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 and you do all other things necessary to accept delivery of the Goods. Subject to any rights you may have under the Australian Consumer Law, you acknowledge that that we will not be liable for any acts or omissions of any transportation contractor in relation to the delivery of the Goods. Title in the Goods only passes to you once the Goods have been paid for in full and are delivered to you. Subject to any rights you may have under the Australian Consumer Law, risk in the Goods passes to you on dispatch of the Goods by us for delivery. 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.

11. Late Delivery

Any estimate dispatch, delivery or other dates provided by us are estimates only and will not be binding on us. You acknowledge that we will not be liable for any delays in delivery caused by any transportation contractor.

12. Order Acceptance Policy

You may place Orders for the purchase of Goods (including via the Website). Each Order placed by you is an offer by you to purchase the Goods specified in that Order from Greatskin on these Terms.

Your receipt of an electronic or other form of order confirmation from Greatskin does not signify our acceptance of your Order.

Greatskin reserves the right at any time after receipt of your Order to accept or decline your Order for any reason. Greatskin reserves the right at any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. Greatskin may require additional verifications or information before accepting any Order.

Greatskin reserves the right to monitor and limit the purchase amounts of products at its sole discretion. Greatskin reserves the right to restrict sales of Goods to a non-commercial level at our sole discretion. In such cases Greatskin will reduce the Goods it is willing to supply to what Greatskin considers a non-commercial quantity.

13. Refunds

If we are required by law to provide a refund in respect of the Goods or if we agree to provide a refund in respect of Goods, you must return the Goods to us at your own expense.

14. Our Rights

Greatskin may elect to electronically monitor areas of the Website and may disclose any content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors; or (iv) otherwise as set out in our Privacy Policy. We are not responsible for screening, monitoring or editing Content.

Furthermore, Greatskin may terminate, or suspend your access to all or part of the Website, without notice for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.

15. Consumer Guarantees

Our goods come with guarantees that cannot be excluded by the Australian Consumer Law. You are entitled to a replacement or refund for a major failure if the goods fail to be of acceptable quality. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.

Under the Australian Consumer Law, certain guarantees regarding the Goods and Services may apply if you are a ‘consumer’ within the definition of section 3 of the Australian Consumer Law, in particular guarantees regarding:

a) title to the Goods passing to you;

b) you having undisturbed possession of the Goods;

c) the Goods being free from undisclosed encumbrances;

d) the Gods being fit for any disclosed purpose or any purpose for which Greatskin represents they are fit for;

e) the Goods matching their description or corresponding to any sample or demonstration model;

f) express warranties in respect of the Goods made by Greatskin being complied with;

g) the Services will be rendered with due care and skill;

h) the Services will be fit for a particular purpose; and

i) the Services will be supplied within a reasonable time.

16. Limitation of liability

Where you acquire any Goods and or Services other than as a ‘consumer’ within the definition in section 3 of the Australian Consumer Law, the maximum aggregate liability of Greatskin for any loss suffered by you in connection with any Order or the relevant Goods and/or Services is limited at the sole option and discretion of Greatskin to:

a) the resupply of the Goods and/or Services; or

b) a refund of any payment made by you in respect of those Goods and/or Services.

17. Termination and cancellation

These Terms are effective even if an Order is terminated by either party. Subject to applicable laws, 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. You agree that any termination of your access to the Website may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Website. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.

Without limiting its other rights under these Terms, Greatskin may cancel any Order, effective immediately upon providing you with written notice of cancellation, where:

a) you do not pay an amount due to Greatskin by the due date for payment or any payment Greatskin 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 Greatskin providing you with written notice specifying the breach and the remedy required; or

c) you commit a breach of these Terms which, in Greatskin’s reasonably held opinion, cannot be remedied.

Following cancellation under this clause, Greatskin may refuse to accept any further Orders from or for you.

Without limiting the above, Greatskin may cancel or suspend any Order effective immediately upon providing you with written notice of cancellation or suspension where Greatskin believes that it will be unable to supply the relevant Goods to you due to stock availability or other similar issues, provided that if Greatskin 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 Greatskin have confirmed receipt the Order.

18. General provisions

Greatskin will not be liable for a failure in the performance of obligations under these Terms or any Order by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, telecommunications or internet outages or any other cause which is beyond Greatskin’s reasonable control.

These Terms, the relevant Order and any invoice constitute the entire agreement between you and Greatskin in respect of your use of the Website and Goods sold through the online store located at the Website.

The Terms supersede all previous communications, representations, understandings or agreements and in the event of any inconsistency between the Terms and an Order, the Order will prevail to the extent of the inconsistency. 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.

You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

These Terms of may be amended without notice from time to time in our sole discretion, provided that where you place an Order, the Terms that will apply to that Order will be the Terms in effect as at the date you placed the Order.

If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

These Terms are governed by the laws in force in the State of Victoria in Australia and you and Greatskin 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 Greatskin merely because Greatskin was responsible for the preparation of these Terms or the inclusion of the provision in these Terms.