Terms & Conditions
Welcome to the website of EST Skinlab (“Website”). Accessible 24 hours a day, 7 days a week, the www.estskinlab.com.au online store provided by EST Skincare Technology Pty Ltd (ABN 57 614 150 926) trading as EST Skinlab (“EST” or “we” or “us” or “our”) is designed to provide an informative and convenient retail experience for consumers to purchase our cosmetic products online.
Entire Agreement: The following terms and conditions, as well as the terms on ordering, shipping, payment, returns, security and currency found on our website [www.estskinlab.com.au] and other customer service policies and the Website terms of use govern your usage of and purchases made via our Website and constitute the entire agreement between the contracting parties (‘Agreement’). By placing an order, you agree to be bound by this Agreement as amended from time to time.
If you are uncertain about any of the terms of the Agreement, please contact us before you complete any purchase.
- Our Contract
When you place an order via our Website, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
All orders placed are an offer of purchase and are subject to acceptance by us. If an order is not accepted, we will issue a refund at the earliest possible convenience. We reserve the right to refuse an offer for any reason, including where:
(a) we reasonably believe that the order is being made for the purposes of resale; or
(b) the order may otherwise may result in a violation of the Agreement; or
(c) we reasonably suspect fraud or unauthorised or illegal activity.
We may limit the number of products available for purchase by any one customer to ensure that we are able to supply those products to other customers.
If your requested products are unavailable, we may cancel the transaction and effect a full refund.
2. Pricing and Payment
All prices listed on the Website are in Australian dollars and are inclusive of any Australian Goods and Services Tax (GST), where applicable.
In accordance with Australian Tax Office (ATO) regulations, all sunscreens sold through our clinic are GST-free. This classification applies because these products meet the requirements set for therapeutic sunscreens, meaning they are registered on the Australian Register of Therapeutic Goods (ARTG), have a Sun Protection Factor (SPF) of 15 or higher, and are formulated and marketed primarily for sun protection.
Whilst we try to ensure that all details, descriptions and prices listed on this Website are correct, errors may still occur. If we discover an error in the price of any goods listed, we will correct the error as soon as practicable.
The prices indicated are subject to change at any time without advance notice. However, the products shall be charged to the customer at the rate in force at the time of order validation.
Delivery costs will be charged separately and in addition to cost of the products and/or services. Such additional charges are clearly displayed where applicable and included in the “Total Cost”.
Where paying by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, we reserve the right to cancel the sale. We are under no obligation to ship any goods ordered until payment for those goods is received.
Where paying by credit card, EST reserves the right to claim all cardholder chargebacks where the following does not apply:
(a) Where the credit card was charged without authorisation and there is a reasonable suspicion of identity theft;
(b) Where the purchased items(s) was never received, or received in a defective state or later than promised;
(c) Where there was duplicate billing, an incorrect amount billed or where we fail to issue a refund (where promised).
We reserve the right to claim the full chargeback amount plus any additional administrative or other fees charged by the bank. You are immediately liable to reimburse us for this whole amount, and you agree to take responsibility for same.
We would urge you to contact us as soon as possible regarding any dissatisfaction with your order or for any other issues that you may have before you initiate a chargeback with your card issuer.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.
3. Credit Card Storage
The site includes a credit card storage function which stores your credit card details through a secure external storage device. Note that as your credit card details are not stored on or through our Website, our staff will be restricted from accessing your credit card details. Regardless, if you are concerned about the security of this secure storage process, we recommend that you do not use this feature.
4. Minimum Order
We do not have a minimum order value.
5. Shipping
EST Skinlab can only ship to a limited number of countries, which are listed in our shipping page. EST Skinlab is not responsible for customs charges and restrictions that vary from country to country and which may be incurred from the importation of certain products. The purchaser assumes responsibility for all such charges and fees.
6. Delivery of Goods
6.1. International orders
(a) Unless you request otherwise prior to purchase, all Standard International Orders are sent by SF Express Airmail without insurance. Goods tracking is available.
(b) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person, including as a result of any event that is out of our reasonable control or foresight, including but not limited to any delays caused by our carrier by an incorrect delivery address being provided to us.
(c) Should you request for insurance cover for your delivery, we may charge an extra cost to you. We will not cover any loss of goods that are not insured.
(d) Delivery to countries outside Australia may take a longer time, depending on region, to arrive.
(e) All customs/import fees/taxes and duties are the responsibility of the customer.
(f) For non-delivery of goods, please notify us by email as soon as possible
6.2. Domestic orders
(a) Unless you request otherwise prior to purchase, all standard orders within Australia are sent by Australia Post without Insurance. Goods tracking is available.
(b) While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person, including as a result of any event that is out of our reasonable control or foresight, including but not limited to any delays caused by our carrier by an incorrect delivery address being provided to us.
(c) Should you request for insurance cover for your delivery, we may charge an extra cost to you. We will not cover any loss of goods that are not insured.
(d) For non-delivery of goods, please notify us by email as soon as possible
(a) You must inspect the goods immediately upon receipt. If the goods are not in accordance with the specified requirements, then you must notify us within 7 days of receiving the goods. If you fail to give such notice, you will be deemed to have accepted that the goods are, in all respects, in accordance with the specified requirements.
(b) Paragraph 7(a) does not apply where the goods concerned are subject to consumer guarantees imposed under the Australian Consumer Law. Please refer to paragraphs 9 and 10 below.
8. Refund Policy
Please refer to our Returns & Exchange policy on our Returns & Exchange page.
9. Use of Products
All products available on our Website are for the customer’s personal use only. You may not sell or resell any products purchased via our Website or which you otherwise receive from us, including product samples.
The customer, in purchasing the products, agrees to use such products only for their intended purpose and strictly in accordance with their instructions, precautions or guidelines. Any other use will cause the customer to assume full responsibility for any loss or damage arising out of their use. Questions as to use may be directed to us via email to contactus@estskinlab.com.au.
You should always check the ingredients for products to avoid potential allergic reactions.
If any minor uses any product purchased through the site it should only be under supervision of their parent or legal guardian, or after their parent or legal guardian has discussed the such use of the product with the minor’s doctor.
10. Limitation of Liability
(a) To the full extent permitted by law, we do not make any express or implied representations or warranties regarding any matter, including merchantability, fitness for a particular purpose or use in relation to any product supplied by us.
(b) We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
(c) We assume no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
(d)Our liability for failure to comply with a consumer guarantee is limited to:
-- (i) in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
-- (ii) in the case of services supplied by us, the supply of the services again or the payment of the cost to the customer of having the services supplied again.
(e) Subject to the prior paragraphs 10(b)-(d), no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
(f) In all other respects, our total liability for loss or damage of every kind, whether:
-- (i) arising pursuant to the terms of service; or
-- (ii) arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to the value equivalent to the sum paid by you to us for the goods.
(g) Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
11. Warranty Disclaimer
(a) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
(b) The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
12. Title and Risk
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
13. Breach and Termination
If you breach any provision of this Agreement, we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Website. In any event, we may terminate the Agreement and your rights to use the Website at any time and for any reason without prior notice to you.
14. Conclusion of this Agreement
The Agreement for sale is deemed to be concluded upon handling over of goods to the designated carrier.
15. Membership & Rewards
Please refer to our Membership and Rewards policy on our Membership & Rewards page.
Capacity
A member profile can only be created with us by persons with capacity to contract, who are over the age of 18, unless they have the permission or consent of their parent or guardian.
Security
Where you have created a member profile, you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information, and assume full responsibility for all conduct carried out under this profile. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. We request that you promptly report to us any unauthorised use of your profile and password.
16. Promotions
The terms of our promotional offers are set out from time to time on the Website.
All terms of a promotion must be met. Promotions are limited while stocks last.
Promotions are valid only for the period specified and will end at 11.59pm AEST on the end date, unless otherwise is stated in the promotion terms. If no end date is specified in the terms of any particular promotion, that promotion will be valid only for 6 months from the date that the promotion first became available.
We reserve the right to vary, withdraw or cancel promotional offers for any reason at any time.
17. Governing Law
EST Skinlab (www.estskinlab.com.au) is created and controlled in Victoria, Australia.
These terms of service and all purchases are governed by the laws in force in the Commonwealth of Australia, and, where applicable, the state of Victoria. You agree to submit to the exclusive jurisdiction of the courts of these jurisdictions.
18. General
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
Any waiver of any provision of this Agreement will be effective only if in writing and signed by us. Without limiting the foregoing, no waiver of any term of this Agreement shall be deemed a further and continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
19. Review of Terms
The Agreement is subject to change from time to time without notice. Each order or transaction will be governed by the Agreement in force upon the date of that transaction.
You should frequently review these terms and conditions and any other applicable customer policies, including their dates, to understand the Agreement that applies to your purchases through the Website.
Your continued use of the Website following posting of any changes or modifications constitutes your acceptance of such changes or modifications. If you do not agree with these changes or modifications, you must immediately stop using the Website.
If we find that information displayed on the Website contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability, we reserve the right to correct or update such information or cancel any affected orders without prior notice.