Terms and Conditions

1. INTERPRETATION: TERMS EXPLAINED
Australian Consumer Law	Is stated to be Schedule 2 of the Competition and Consumer Act 2010 (Cth);
The Buyer	Is described as the buyer of the Goods specified in the order that is purchased from us.
Business Day	Is a day in which the Australian banks are open for business in Melbourne, Victoria. This excludes Saturdays, Sundays, and all Australian public holidays.
Consumer	Is defined by Consumer in section 4B of the Competition and Consumer Act 2010 (Cth)
Corporation	Section 57A of the Corporations Act 2001 (Cth) defines "corporation" in full.
Goods	The term "Goods" refers to the product(s) and, if any, services that the Seller provides and that are listed in an order or purchase order.
Modern Slavery Laws	The terms "Modern Slavery Laws" refer to the Modern Slavery Act 2018 (Cth), "Modern Slavery Act" (NSW), "Modern Slavery Act" (UK), as well as any applicable rules or supplementary laws in another country with which the Seller must comply.
Order	Order refers to a request by the Buyer to the Seller to acquire Goods through the Website;
Purchase Order Form	A purchase order is a form that the seller provides, and the buyer fills out in order to purchase the seller's goods.
Seller	Is SkinGen Pty Ltd (ABN 98 657 512 484).
Terms	Terms refer to these terms and conditions of sale as they may be updated from time to time at the sole discretion of the seller. Nothing in these terms shall be construed or applied in a way that would exclude, restrict, or modify, or have the effect of excluding, restricting, or modifying, any condition, warranty, guarantee, right, or remedy implied by law (including the Australian Consumer Law and which by law cannot be excluded, restricted, or modified; and refers to the internet-based portals used by the Seller to provide information about its business and access to its digital services).
Website	Denotes the internet-based portals that the Seller employs to give access to its digital services and to information about the firm as a whole.

2. GENERAL
2.1	In the event of any conflict between these Terms and a Purchase Order, including any terms imposed by a Buyer on a Purchase Order, these Terms govern in all respects, and the conflict is to be read down and deemed to be null and of no force and effect.
2.2	These Terms may only be waived or varied in writing and signed by an authorised representative of the Seller.
2.3	The Buyer is in charge of adhering to all applicable laws, rules, and policies of all pertinent jurisdictions whenever the Buyer accesses the Website, including for the purchase of Goods.

3. CONDITION OF SUPPLY OF GOODS

3.1

The Buyer acknowledges and agrees that the following requirements must be met before any Goods may be sold by the Seller to the Buyer:

a)the Buyer must have executed these terms and conditions (including any amendments);

b)the Buyer must only supply the Goods to its customers within Australia;

c) the Buyer may not sell the Goods directly or indirectly to any individual agent or retail agent located outside of Australia;

d)the Buyer may not exhibit or sell any Goods at any location other than the Buyer's business

e)not sell any Goods which are intended to be a tester or used as a displays

f) You may not sell any Goods online unless through a unique customer login for your clients to buy

3.2

Either party may end this agreement by giving the other party 30 days' written notice.

4. ONLINE ORDERS
4.1	Select Goods' prices will be available on the website.
4.2	The option to buy these Goods straight from the website will be available to customers.
4.3	The Buyer must register for a website account and then log in before they may place an order for goods through the Website. By opening an account, the buyer consents to giving information about themselves, such as their name (or the name of their business), a phone number, an email address, and a delivery address. The Seller's privacy policy, which is available at https://www.skingen.com.au, shall apply to this information.
4.4	Buyers must first: a) acknowledge that they have read and agree to be bound by these terms and conditions; b) if making a purchase on behalf of a business, attest that they have the necessary permissions or authority to make the purchase; and c) enter a legitimate and appropriate Purchase Order number.
4.5	The account holder is responsible for ensuring that anyone with access to the Website for the purpose of conducting business is authorised to do so. They are also accountable for notifying the Seller of the termination of the user account or, where available, using the system to do so themselves.
4.6	The Seller shall treat all transactions made on the Website as genuine, valid orders, and the Seller disclaims all duty for any representations made by users who do not have the necessary authorizations or permissions to make transactions. Any claim made by a user that they are employed by a Buyer will be assumed as true by the Seller, and if it is later discovered that this is not the case, it will be considered fraudulent website abuse on the part of the user.

5. ORDER PROCESS
5.1	A price list (or "price list") listing the costs of the goods The Buyer can access as well as the suggested retail costs of the goods, including GST, will be sent to The Buyer by the seller. From the time the Seller gives it to the Buyer, this Price List is valid for 30 days.
5.2	The following information allows the buyer to make a purchase order by phone or email: Email: support@estheticaacademy.com.au Phone: AUS 1300 6247 03 (during business hours) The Purchase Order may be registered by the Buyer at, https://www.skingen.com.au the Seller's website.
5.3	The Buyer may also buy Goods directly from the Website, subject to condition 4.
5.4	The Seller must receive, consider, and process a Purchase Order or an Order through the Website within five (5) Business Days after receiving it from the Buyer.
5.5	In accordance with the Price List or the checkout page on the Website, the Buyer acknowledges that all orders for Goods will be subject to handling and/or freight fees, which the Buyer will be responsible for paying when the Goods are due for payment.

6. SUB-DISTRIBUTION OF GOODS
6.1	The Seller sells the Buyer the Goods with the express and clear understanding that the Buyer may only sell the Goods to clients or patients of the Seller's clinic(s) or practice(s).
6.2	The distribution of the Goods in any other manner, including but not limited to any type of sub-distribution, is expressly banned by the Buyer.

7. DRAWINGS, ETC
7.1	Any deviation from the specifications, drawings, weights, or dimensions provided to The Buyer for promotional or marketing purposes is purely approximative and does not void the terms of any contract with The Seller or give rise to a claim against The Seller.
7.2	Aside from what is mentioned in Section 7.1, descriptions, drawings, and performances included in catalogues, price lists, and other promotional materials are not a part of the contract for the sale of The Goods or the description given to them.
7.3	The Seller's price is based on estimations of the necessary quantities when specifications, drawings, or other details are provided by the Buyer for their own marketing or retail use. Quantity adjustments will be made on a unit-rate basis in accordance with the unit prices listed in the Price List if there are any deviations from the quantities predicted by the Seller.

8. DELIVERY
8.1	The delivery times that The Seller provided to The Buyer upon placing a purchase order or that were given in a confirmation email are simply estimates, and the seller is not responsible for delays or non-delivery caused by events beyond its reasonable control.
8.2	The Seller is not responsible for any loss, damage, or delay brought on by late or absent delivery or delayed installation of The Goods to The Buyer or its clients.
8.3	If a delivery is delayed due to the seller's error, the seller will try again as soon as possible or arrange for delivery of replacement goods.
8.4	Unless the Seller and the Buyer have a written agreement specifying that the Buyer will not accept delivery in installments, the Seller may choose to deliver the Goods to the Buyer in any number of installments.
8.5	The Buyer acknowledges that it must file a claim to the Seller in accordance with clause 10 if it asserts that it has a claim for the loss, damage, or shortage of Goods provided to the Buyer in installments.

9. PASSING OF RISK

9.1

Upon the earlier of

(a) delivery of The Goods to The Buyer or

(b) collection of The Goods by The Buyer and/or The Buyer's agent, carrier, or courier from the seller or any bailee or agent of the seller, the risk in the goods passes to The Buyer.

10. LOSS OR DAMAGE OR SHORTAGE OF GOODS IN TRANSIT
10.1	The Seller is not liable to the Buyer or any third party suing on their behalf for any loss or damage to the Goods during transit that is brought on by an event of any type or by an individual acting without the Seller's reasonable control.
10.2	Within five (5) business days of the date of delivery of The Goods, The Buyer must notify the seller in writing of any loss, damage, or shortage of The Goods. The Buyer shall notify the seller within five (5) business days of the date of receipt of any goods if they differ from The Goods listed on a Purchase Order or described in a confirmation email.
10.3	The Seller will replace any goods that have been damaged, lost, or different from those listed on a Purchase Order or in a confirmation email with The Goods listed on the Order or email, provided the buyer has notified the seller in accordance with clause 10.2 above and the Seller is satisfied that The Buyer has submitted a genuine claim.
10.4	If The Buyer fails to notify the Seller within the time frame outlined in 10.2 above, The Buyer waives any claim for loss, damage, shortage, or for goods that are different from The Goods indicated on a Purchase Order.

11. WARRANTY AGAINST DEFECTS
11.1	The Seller provides a warranty against product defects, but this warranty is only valid for as long as the manufacturer's factory warranty, which is delivered in writing along with The Goods.
11.2	Clause 12.1 will be in effect if and only to the extent that the following conditions are met: (a) Defects have arisen solely from faulty materials or workmanship in relation to the Goods; (b) The Goods have not been mistreated, neglected, or interfered with by the Buyer, which has caused or contributed to the alleged defect; and (c) Accessories of any kind used by the Buyer in conjunction with the Goods are manufactured by or approved by the Seller if the Seller is
11.3	In addition to clause 12.2, the seller is not responsible for fixing any flaws in The Goods or replacing them if the damage was caused by any of the following: (a) improper use by The Buyer; (b) the use of accessories, including consumables, that were not produced by The Seller or approved in advance in writing by The Seller; (c) any contamination or leaks that were caused or encouraged by the buyer; (d) any modifications to The Goods that were not approved in writing by the seller; (e) any
11.4	Unless such design has been entirely prepared by the Seller and the responsibility for any claim has been clearly acknowledged by the Seller in writing, the Seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any Goods supplied. In any case, the Seller's obligation under this clause is exclusively restricted to replacing any defective goods in line with clause 13.1(b) of these rules.
11.5	All express and implied warranties, guarantees, and conditions, under statute or general law, as to merchantability, description, quality, suitability or fitness of the Goods for any purpose, or as to design, assembly, installation, materials or workmanship, or otherwise, are expressly excluded and disclaimed to the fullest extent permissible by law, with the exception of what is specified in these conditions and under the Australian Consumer Law. To the fullest extent permitted by law, the Seller disclaims responsibility for any loss, damage, or injury, whether physical, financial, or otherwise, resulting from the Goods.
11.6	The following advice is provided by the seller: (a) The goods are covered by warranties that can't be revoked under Australian consumer law. (b) Subject to the additional provisions of this clause 12, the Buyer is entitled to a replacement or refund for a significant failure and to compensate for any other loss or damage that was reasonably foreseeable. (c) If The Goods are not of acceptable quality and the failure does not constitute a major failure, the Buyer is also entitled to have The Goods fixed or replaced.
11.7	The following statement is applicable if the Buyer is deemed a consumer under the Australian Consumer Law: "Our items come with warranties that cannot be omitted under the Australian Consumer Law. For a major failure, you are entitled to a replacement or refund, as well as reimbursement for any further loss or damage that was reasonably foreseeable. If the products are not of acceptable quality and the failure does not constitute a major failure, you may also be entitled to having the products repaired or replaced.

12. SELLER’S LIABILITY
12.1	The Seller's liability for a breach of a condition or warranty made by the Seller, implied by operation of, or guarantee under the Australian Consumer Law is limited to the following, to the fullest extent permitted by law: ( (a) in the case of Goods, any one or more of the following, at the Seller's sole and exclusive discretion: · in the case of goods, at the Seller's sole and exclusive discretion: · (i) the replacement of the goods or the supply of equivalent goods; · (ii) the repair of The Goods; · (iii) the payment of the cost of replacing The Goods or of acquiring equivalent goods; · (iv) the payment of the cost of having The Goods repaired; (b) in the case of services, at the Seller's sole and exclusive discretion: (i) the provision of the services again;
12.2	The Buyer must notify the Seller in writing of the alleged claim (a defect claim) and must include the Good(s) that are the subject of the alleged defect claim in order to submit a claim under the warranty against defects as stated in clause 12.
12.3	The Defect Claim must be sent to the Seller, who is responsible for providing the warranty against defects, at the following address and at the Buyer's expense: SkinGen- 3/4 Bridge Road Keysborough 3178, Melbourne, Australia
12.4	In addition to any remedy the Seller agrees to provide the Buyer in accordance with the provisions in these terms and in accordance with the Competition and Consumer Act 2010, (Cth), the Seller agrees to reimburse the Buyer for the Buyer's reasonable shipping costs in the event the Seller determines a Buyer's Defect Claim is valid. The Seller can be reached by phone at 1300 624 703 and via email at support@estheticaacademy.com.au
12.4	The Company acknowledges and emphasizes that individual experiences and results with skincare products may vary significantly among clients. The Company does not make any express or implied guarantees or warranties regarding specific outcomes or results that clients may achieve through the use of its skincare products.
12.5	The Company shall not be held liable or responsible for any adverse effects, allergic reactions, skin sensitivities, or any other undesirable outcomes that clients may experience while using the Company's skincare products. Clients are advised to conduct a patch test or consult with a qualified healthcare professional before using any new skincare product, especially if they have known skin sensitivities, allergies, or pre-existing skin conditions.
12.6	Clients are encouraged to follow the usage instructions provided with the skincare products and to use them in accordance with best skincare practices. Any testimonials or before-and-after photos shared by clients or ambassadors should not be construed as a guarantee of similar results for all individuals.
12.7	This clause serves as a clear statement that the Company is not responsible for the individual results or experiences of its clients and reinforces the importance of individual responsibility and caution when using skincare products.
12.8	Clients are encouraged to reach out to the Company's customer support for guidance or assistance with any concerns related to product usage or effects. This disclaimer of liability remains in effect throughout the Term of this Contract and survives its termination.

13. PRICES
13.1	Unless otherwise specified, all prices quoted by the Seller on the Price List or provided on the Website are net and do not include any taxes, insurance, or shipping costs, which are the full responsibility of The Buyer, unless something else has been specifically negotiated in writing.
13.2	Subject to section 5.1, the price listed on the Price List or, in the absence of a Price List, the pricing specified on the Website, will be charged for the Goods
13.3	There are no set prices on the website; prices could vary at any time.

14. PAYMENT
14.1	The purchase price for The Goods is payable in accordance with the terms of the account that The Buyer and The Seller have agreed upon, and in the absence of any such agreement, the buyer shall pay the seller in full as soon as the seller notifies the buyer that the goods are prepared for delivery.
14.2	The Buyer may pay the Seller in full or in part for the Goods provided by using cash, a credit card (MasterCard or Visa; commissions or additional fees may be assessed for payments made by credit card), or a direct bank deposit from the Buyer's account.
14.3	The Buyer pays the Seller by direct deposit and/or online banking services: Unless the Seller specifies another account in writing, all payments must be made to the following account: SkinGen™ Pty Ltd is the account holder. Commonwealth Bank BSB number: 062 692, Account number is 7805 2982. The Seller will get a copy of the deposit slip by email or another delivery method specified in writing by the Seller, with the Seller's account number prominently stated on it. Reimbursement for Orders Placed on the Website.
14.4	If the Buyer purchases the Goods directly from the Website, the Buyer must login to its account (as described in clause 4.3) and choose between paying on account (if this has been approved in advance) or using one of the other available digital payment gateways. Payment gateways might or might not come with extra fees. Any additional fees or charges will be disclosed during checkout and must be approved in order for The Order to be executed.
14.5	The entire payment for the Order must be handled through the Website before the Goods are sent if the Buyer has not received prior approval to pay on account. After the money has been processed, the buyer's email address will receive an Order confirmation on screen and/or a confirmation email and receipt.

15. RIGHTS IN RELATION TO GOODS

15.1

Until all amounts owed by the Buyer to the Seller are paid in full, the Seller reserves the following rights regarding the Goods:

(a) Ownership of the Goods;

(b) The right to enter the Buyer's premises (or the premises of any affiliated company or agent where the Goods are located) without liability for trespass or any damage that may result; and

16. BUYER’S PROPERTY
16.1	Any property owned by the Buyer that is in the possession, care, or control of the Seller is entirely at the risk of the Buyer with regard to any loss or damage to the property.

17. RETURNED GOODS

17.1

The Company acknowledges and affirms that stockists and retailers authorized to carry the Company's skincare products shall not have the right to return any products to the Company for reimbursement, credit, or replacement. It is understood that these products are provided to stockists solely for resale to end customers, and any return of any products by stockists would be contrary to the standard practices of the skincare industry and the terms of this Contract.

17.2

Stockists are responsible for adhering to all relevant laws and regulations regarding the sale and distribution of skincare products, including product quality and safety standards. The Company shall provide support to stockists in addressing any legitimate concerns or issues related to product quality or defects within the scope of its responsibilities.

This clause is applicable to all authorised stockists and retailers and remains in effect throughout the duration of their business relationship with the Company. Any changes or exceptions to this clause must be mutually agreed upon in writing by both parties.

18. CANCELLATION OF ORDERS
18.1	Without the Seller's prior written consent, no Order or Purchase Order may be cancelled or delayed.

19. GOODS SOLD
19.1	All goods that the seller is going to give the buyer will match what is written in the Purchase Order they have agreed upon, or what is posted on The Website.
19.2	Any changes to the Purchase Order's description must be agreed upon both the Seller and the Buyer. All subsequent descriptions, including any specifications or inquiries from the Buyer, shall be superseded by this revision.
19.3	All product descriptions on the Website are subject to modification without prior notice.

20. INDEMNITY
20.1	These Terms and conditions supersede and exclude all prior and other discussions, guarantees (contractual or otherwise), and agreements relating to the supply of the Goods or any part of the Goods, including, but not limited to, those relating to the performance of the Goods or any part of the Goods or the outcomes that may be anticipated from using the Goods.

21. PRIVACY
21.1	The Buyers' privacy policy, which is available at https://www.skingen.com.au/policies/privacy-policy will govern all transactions.
21.2	The Seller will require the Buyer to supply certain information about the Buyer, including the Buyer's name, address, email address, and phone number, if the Buyer uses any of the services offered on the Website, including to set up an account to buy the Goods. To process the Order/s, the Seller has to have this information.
21.3	In order for the Seller to properly and efficiently process the Purchase Order(s), specific information about the Buyer is needed.
21.4	The Buyer shall be in compliance with all laws governing the gathering, use, and disclosure of personal information, including, but not limited to, obtaining and documenting patient consent when necessary for the disclosure of personal information to the Seller or to an offshore entity for the provision of technical support services.
21.5	The Seller will only enquire about and utilise personal data that is proximately related to or reasonably required for the Seller's roles and responsibilities as a supplier of the Goods.
21.6	The web server automatically logs some non-personally identifying information regarding a Purchaser's visits to the Website.
21.7	The Seller monitors and audits Website activity using software.
21.8	To learn what information the Seller has gathered, the Buyer can email the Privacy Officer at support@estheticaacademy.com.au
21.9	Without the buyer's prior written authorization, the seller will not disclose the buyer's personal information to outside parties.

22. EXCLUSION OF REPRESENTATIONS AND ARRANGEMENTS
22.1	All prior and other discussions, representations (contractual or otherwise), and agreements regarding the supply of the Goods or any part of the Goods, including, but not limited to, those relating to the performance of the Goods or any part of the Goods or the results that may be anticipated from using the Goods, are superseded and excluded by these terms and conditions.

23. NO WAIVER
23.1	The failure of any party to comply with this agreement's terms or to exercise any of its rights does not constitute a waiver of those terms or rights and will not prevent this agreement's enforcement.

24. FORCE MAJEURE
24.1	The Seller is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform, and is not liable to the Buyer in respect of such inability, if the Seller is unable to perform in whole or in part any obligation under this agreement due to any fact, circumstance, matter, or thing beyond the reasonable control of the Seller.

25. BUYER ACKNOWLEDGEMENT
25.1	The Buyer recognises that the mentioned clauses of these Terms are acceptable and represented in the price, and the Buyer accepts the risks associated with these Terms that the Buyer is responsible for covering through insurance.

26. PLACE OF CONTRACT
26.1	The parties submit all disputes arising between them to the courts of the State of Victoria and any court qualified to hear appeals from those courts of first instance.
27.1	The contract for the sale of the products is made in the State of Victoria.

27. ASSIGNEE OR SUCCESSOR OF THE BUYER
27.1	Any successor or assignee of the Buyer, if it is a corporation, is bound by these terms and conditions.
27.2	The Buyer is not permitted to assign these Terms without the Seller's prior written consent, which the Seller may withhold in its sole discretion.

28. TRADEMARK AND COPYRIGHT
28.1	The Buyer is not permitted to assert any claims on the Seller's intellectual property, including copyright and trademarks, in the Seller's name
28.2	The Buyer may only use pictures of the Goods to sell them to its clients in the manner specified by the Seller.

29. SUPPLY CHAIN AND OPERATIONAL INTEGRITY
29.1	Each party to this Agreement is required to abide by all modern slavery laws, including but not limited to those in Australia, the United Kingdom, New Zealand, the United States of America, and South East Asia that forbid bribery, corruption, and improper payments.
29.2	Each party is required to take all reasonable steps within its power and control to prevent at any time offering, promising, giving, or receiving any improper financial payment and/or other improper advantage to or from any person, customer, or supplier (whether or not a public official) with the aim of influencing them and obtaining an advantage in the conduct of its business.
29.3	The Seller guarantees and affirms: a) It has properly investigated its supply chain and business operations and has not discovered any evidence of exploitation, bribery, corruption, slavery, human trafficking, or any other activity that could violate any applicable law, including but not limited to the Modern Slavery Act 2018 (Cth) (the Act) or an equivalent; b) neither it nor, to the best of its knowledge, any of its officers, employees, or subcontractors have violated the Act, have received notice that they are the subject of an investigation pertaining to an alleged violation of the Act, nor are they aware of any events in their supply chain that could constitute a violation of the Act; c) to the best of its knowledge, neither it nor any of its employees have engaged in or will engage in any collusive, anti-competitive, or comparable behaviour in relation to this Agreement d) There aren't any conflicts of interest that could arise as the Sellers carry out their obligations under the Agreement.
29.4	The purchaser guarantees and affirms that: a) It has properly investigated its supply chain and business operations and has not discovered any evidence of exploitation, bribery, corruption, slavery, human trafficking, or any other activity that could violate any applicable laws, including but not limited to the Modern Slavery Act 2018 (Cth) (the Act); b) neither it nor any of its officers, employees, or subcontractors have violated the Act, have received notice that they are the subject of an investigation pertaining to an alleged violation of the Act, nor are they aware of any circumstances in its supply chain that might constitute a violation of the Act; c) to the best of its knowledge, neither it nor any of its employees have engaged in or will engage in any collusive, anti-competitive, or similar behaviour in relation to this Agreement. d) It has been informed of and has consented to the Sellers' Supplier Code of Conduct and will not do or omit to do anything that would put the Seller or Buyer in violation of the Act or any provision of the Supplier Code of Conduct; e) There aren't any conflicts of interest that could potentially arise as the Buyer fulfils the Agreement.
29.5	Either party shall promptly notify the other party of any knowledge or reason to believe that any of its officers, employees, subcontractors, or persons associated with that party has violated or may have violated any provision of the Act, has given or received any improper payment or advantage, or has violated any other law or regulation, whether in connection with this Agreement or otherwise. A complete description of the Act violation or possible violation, inappropriate benefit or payment, or any other violation or potential violation of any responsibilities, rules, or laws must be included in the notice.
29.6	The other party may immediately terminate the Agreement if a party violates this provision, which constitutes a material violation of the Agreement.

For further information please contact us at

E: support@estheticaacademy.com.au

PH: 1300 624 703