TERMS

 

Please read the following Terms and Conditions of use before using this website.

Your usage of the website indicates that you accept the Terms and Conditions of use. Being Skincare Pty Ltd may modify the Terms and Conditions without further notice beyond updating this page, continued use of the website indicates your acceptance of these Terms and Conditions, as well as future revisions.

OWNERSHIP/LIMITATION OF LIABILITY

This website and its products are owned and offered by Being Skincare Pty Ltd to you, the user upon your acceptance of the Terms and Conditions as stated on this page. Your use of this website is subject to these Terms and Conditions of use and all relevant laws, regulations, and statutes.

This website provides information about Being Skincare Pty Ltd, our business, products, and services, including the ability to purchase products. The information stated on this website is not medical advice and any content should not be used as guarantee or assurance of any treatment, or use of any product.

Users should be aware that no federal agency has deemed the products listed on the website to be intended to treat, cure, or prevent any disease or medical ailment. Users should not construe the information provided as a guarantee of treatment with using any product or service offered by Being Skincare Pty Ltd. 

The information on our products listed herein provides our suggestions and recommendations from our own testing and knowledge base, the user accepts that they will be held liable for any risks of using the site or services rendered after the approval of purchase. In addition, although we put significant effort into monitoring the website integrity, we accept no liability that the website itself is free from viruses, defects, malware, or errors that may affect the functionality of the website.

PAYMENT AND DELIVERY

Item prices are subject to change. Your shopping cart will reflect the most recent price. Prices shown are in AUD. Prices are checked regularly. However, if the price has changed or there has been a pricing error when your order is received we will contact you for instructions.

Prices shown on the website do not include delivery. Our delivery charges are calculated at check out. These charges are subject to change.

After an order is placed, it will normally be shipped within 1-5 working days, and in any event within 30 days. If any of these terms change we will contact you as soon as possible. 

When you have placed your order, we will send you a confirmation that we are processing your order. Being Skincare Pty Ltd owns the products until we ship the goods to you with full payment. 

Risk of loss and damage of the products are passed onto you upon delivery. Although our products are carefully formulated, should you develop adverse reactions, we will not be held liable once ownership of product is passed onto you.

If a parcel is damaged, please notify us via email hello[a]being-skincare.com

When using a credit/debit card, the billing name, address and phone number must match that of the credit/debit card used for payment. We reserve the right to cancel any order that does not match these criteria.

PRODUCT INFORMATION 

Although we try to keep the website as updated as possible, some information, descriptions, photographs, and prices on our website may not always reflect the most recent and correct information.

PRIVACY POLICY

We respect your privacy, as such please review our Privacy Policy, which is part of our Terms and Conditions.

COPYRIGHT & TRADEMARKS

Being Skincare owns or licenses the copyrights to all content on the website and all trademarks, service marks, service names, trade names, trade dress, and products of Being Skincare Pty Ltd. All website design, content (including but not limited to text, codes, graphics, logos, photos), and intellectual property is protected as copyright under Australian and other international trademark laws and is under ownership of Being Skincare Pty Ltd our affiliates, partners, and licensors. 

Being Skincare Pty Ltd will enforce intellectual property rights to the fullest extent under legal jurisdiction. Users may not use, alter, reproduce, redistribute, transmit, or exploit any of our content without the written permission of Being Skincare Pty Ltd. Nothing on this website grants users with the approval to use any content, in whole and in part, without the written permission of Being Skincare Pty Ltd.

Request for permission to reproduce any information contained on the website, such as for marketing purposes should go to hello[a]being-skincare.com. Even with permission, Being Skincare Pty Ltd reserves the right for final approval before publication of using our content. You, the user, shall agree that you will not use the website or website content to violate any applicable laws or regulations of any country.

DISCLAIMER

The information given within this website is done so in good faith and is general and not specific to individuals and particular circumstances. Before using botanical oils, herbs, plant extracts, essential oils or other natural treatments, check all cautions and restrictions. Being Skincare Pty Ltd will not be held liable for any injury, damage or otherwise resulting from the use of any treatments or products within this website. Always seek professional medical advice if symptoms persist and the information supplied should never replace medical advice. Some of the products contained on this website may contain essential oils and customer discretion should be used if you are pregnant, have any allergies, medical conditions or very sensitive skin as some essential oils may not be suitable for use if any of the above conditions apply to you. Always store the product as instructed on the label and use by the date stated. As always it is recommended that you do a patch test prior to use of any new product and if irritation occurs discontinue use.


LIMITATION OF LIABILITY, INDEMNIFICATION, REPRESENTATIONS, WARRANTIES

This site and all its content, material, products, functions, pictures, and information are presented "as is”. There are no representations or warranties of any kind, direct or implied, in connection with the Terms and Conditions or the Site, including but not limited to: non-infringement for a specific purpose, warranties of merchantability, except to the extent such representations and warranties are not legally excludable.


Being Skincare Pty Ltd accepts no liability arising from the website, or on links provided from the website, being incorrect, incomplete or misleading. To the fullest extent permitted by law, Being Skincare Pty Ltd will not be liable for any loss, damage, cost or expense incurred in or arising by reason of any person relying on the information from this website.

Where conditions and warranties implied by law cannot be excluded, Being Skincare Pty Ltd limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or payment of the monetary value of the resupply.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. 

INDEMNITY 

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. Your use of this website and any services rendered shall be governed by Australian Law under the jurisdiction of the State of New South Wales.

SUMMARY

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website.

If you have any questions, comments, or concerns about our privacy practices, please contact us by email at hello[a]being-skincare.com