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Terms & Conditions

Welcome and thank you for visiting LA CLINICA FOR SKIN & BODY (La Clinica).

We, Personal Care Innovations Pty Ltd (ACN 626 391 071) and our Related Entities shall be referred to collectively as "La Clinica", “we”, “us”, or “our”. We provide a wide range of Products related to cosmeceutical skin care and treatments.

The website located at www.laclinica.com and other related platforms, including our website for retail customers and registered practitioners, mobile applications (apps) and digital properties made available on or via this website (collectively, "Sites") are owned and operated by us.

In these terms, “you” or “your” shall refer to you as a visitor of our Site, a holder of an Account and/or a purchaser of our Products, of which these Terms will be deemed to bind.

Please read these terms and conditions (“Terms”), any additional notices, disclaimers and our Privacy Policy carefully as they govern and apply to all and any use, access and availability of our Products. Please review our Privacy Policy to learn more about how we use any information you provide about yourself.

These Terms may be amended by us at any time, and by continuing to use the Sites, you accept the Terms as they apply from time to time. If you do not agree to the Terms, please refrain from using the Sites. 

DEFINITIONS

For the purposes of these Terms:

Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

"Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday in Victoria, Australia.

Content” means any and all text, publications, artwork, photographs, pictures, images, written, audio and visual materials, motion pictures, software, graphic user interface design, design elements, source code, domain names, logos, button icons, scripts, circuit layouts, other copyright works, trade marks, or intellectual property contained on our Sites.

Confirmation Email” means an email sent by us acknowledging receipt of your Order and confirming the Price of the Product. 

"Order" means the order submitted by you to purchase a Product.

Personal Information” is given its meaning in the Privacy Act 1988 (Cth).

Product” means the goods purchased or to be purchased by you from La Clinica which are sold on the Sites, which under the Australian Consumer Law are defined as consumer goods.

Proof of Purchase” means any documents related to your Order, including original receipt, tax invoice and a bank statement.

Registration Data” means any information provided by you to us in connection with your use of the Sites and access to our Products, including but not limited to Personal Information such as your name, date of birth, contact details, password, and billing and payment information.

Related Entity” is given its meaning in the Corporations Act 2001 (Cth).

1.         ACCOUNT REGISTRATION

1.1          In order to purchase Products from our Sites, you will be required to provide us with Registration Data ("Account"). By registering for an Account or by continuing to browse our Site as a guest, you are taken to have accepted these Terms and our Privacy Policy.

1.2          As part of the registration process and as a condition of your access to the Sites, you may create one Account only and provide us with your current, complete and accurate Registration Data (some of which is not mandatory).  You may obtain a number of benefits for becoming a registered user, including being provided with special offers from us from time to time.

1.3          If your Registration Data changes, you must promptly update your Account to reflect those changes.

1.4          As a user of the Sites, you agree that:

  1. you will use the Sites only for purposes permitted by the Terms;
  2. you are responsible for maintaining the confidentiality of your Registration Data at all times;
  3. you are solely responsible for the use and maintenance of your Account;
  4. we may deny anyone access to an Account or the Sites at any time and for any reason without notice; and
  5. we are not obliged to confirm the identity of the Site users.

1.5          Each registration is for the personal use of the registered user only. You may not share your log-in details or password (if required) with any other person. La Clinica does not allow multiple users (networked or otherwise) to access the Sites through a single name and password and may cancel or suspend your access to the Sites if you do this, or breach any of these Terms, without further obligation to you.

1.6          You acknowledge that in the event that we believe that you have breached these Terms, we may at our sole discretion terminate or suspend your Account with us, and you will not be entitled to a refund of any Product.

1.7          We will use your Registration Data and any other personal information provided by you to us in accordance with our Privacy Policy.

1.8          You may receive emails from us confirming the details of your registration, and providing you with necessary information relating to your access and use of the Sites.

2.         CAPACITY

You represent and warrant to us as follows:

  1. you have the legal capacity to understand and enter these Terms and our Privacy Policy; and
  2. you are of at least 18 years of age; or
  3. alternatively you have permission from your parent(s) or legal guardian(s) to use the Sites.

3.         LICENCE TO USE OUR SITES

3.1          We grant you a non-exclusive, revocable and non-transferable licence to use the Sites in accordance with these Terms.

3.2          The Sites may contain links and other pointers to Internet websites or applications operated by third parties.  We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to make inquiries concerning the information prior to entering into a transaction in relation to the third-party products and services.

3.3          You may share and embed links from our Sites on third party websites however we wholly reserve the right to remove and/or to request the removal of any such links at our sole discretion.

3.4          Except as expressly permitted by these Terms, any:

  1. modification or other use;
  2. sale; or
  3. redistribution in any form or medium

of the Content is prohibited without our prior written permission.

3.5          You acknowledge and agree that:

  1. we retain complete editorial control over the Sites and may alter, amend or cease the operation of the Sites at any time in our sole discretion; and
  2. while we make every effort to operate the Sites on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

3.6          In exchange for the licence granted to you under this clause, you must not:

  1. use the Sites in breach of any applicable laws or regulations;
  2. use the Sites (or Content obtained from the Sites):
    1. to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
    2. to impersonate any person or entity;
    3. to solicit money, passwords or personal information from any person; or
    4. to harm, abuse, harass, stalk, threaten or otherwise offend others;
  3. use any search robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Sites and its Content;
  4. use the Sites with the assistance of any automated scripting tool or software;
  5. frame or mirror any part of the Sites and its Content without our prior written authorisation;
  6. copy, reverse engineer, decipher, or otherwise disassemble any portion of the Sites or cause any other person to do so; or
  7. delete any attributions or legal or proprietary notices on the Sites.

4.         INTELLECTUAL PROPERTY AND USER CONTENT

4.1          You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Sites. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.

4.2          The Content of the Sites and any material e-mailed to you or otherwise supplied to you in conjunction with the Sites is copyright of La Clinica and our licensors, and is subject to Australian and international copyright and intellectual property laws. You may not use or reproduce or allow anyone to use or reproduce any Content (such as the "La Clinica" name and logo or other trade names appearing on the Sites) for any reason without prior written permission from us. The software that operates the Sites is proprietary software and you may not use it except as expressly allowed under these Terms.

4.3          You may retrieve and display the purchased Products or Content from the Sites on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use.

4.4          Except as expressly permitted by this clause, you may not reproduce, modify or in any way commercially exploit our Products or Content on the Sites. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from La Clinica:

  1. reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Products or Content;
  2. publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Products or Content (including as part of any library, archive or similar service); or
  3. remove the copyright or trade mark notice from any copies of the Content made under these Terms.

4.5          We retain all rights, title and interest in and to our Products and the Sites. Nothing you do on or in relation to our Products or the Sites will transfer any:

  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
  2. right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  3. thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other intellectual property right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process).

4.6          You are solely responsible for any material, opinion, content or data that you:

  1. post, publish or otherwise transmit through the Sites, if available; or
  2. obtain through accessing or using the Sites

(collectively, “User Content”).

4.7          Your User Content must not:

  1. infringe any law, third party intellectual property rights or any other contractual or proprietary rights of a third party;
  2. contain, promote, or provide information about unlawful activities or conduct;
  3. contain abusive, homophobic, defamatory, libellous, hateful, discriminatory, obscene, inflammatory or racist language;
  4. harass, bully or intimidate any person;
  5. contain viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
  6. contain financial, legal, medical or other professional advice.

4.8          By posting or adding any User Content onto the Sites, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence and sub-licence to use that User Content in any way (including, without limitation, by reproducing, changing, translating, and communicating the User Content to the public) and permit us to authorise any other person to do the same thing. This licence will survive any termination of these Terms.

4.9          You represent and warrant to us that you have all necessary rights in respect of any User Content which you post or otherwise contribute to our Sites to grant the licences and consents set out in this clause. You waive any moral rights that you may have in regard to your User Content, and if you add any User Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.     

4.10        You acknowledge that the views expressed in User Content provided by you and other users do not necessarily reflect the views of La Clinica, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on our Sites. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made User Content available on the Sites simply by facilitating others to post, transmit or otherwise make the User Content available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

4.11        Notwithstanding clause 4.10, we reserve the right to:

  1. review, modify, reformat, reject or remove any User Content which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
  2. monitor use of the Sites, and store or disclose any information that we collect, including in order to investigate compliance with these Terms or for the purposes of any police investigation or governmental request.

4.12        If you believe that any User Content infringes your legal rights, you should notify La Clinica immediately by contacting our customer service centre.

TERMS OF SALE OF PRODUCTS

5.         ORDERS

5.1          When you submit an Order on the Sites for a Product, you are deemed to have read and understood and be bound by these Terms.

5.2          By placing your Order and paying for the Product, an Order will be treated as an offer to purchase the Product. 

5.3          It is your responsibility when you place your Order to ensure that all your details are correct.

5.4          All Orders are subject to Product availability and us sending you a Confirmation Email. Please note that a Confirmation Email does not constitute acceptance or guarantee that the Product is available.

5.5          Prior to completing your purchase of a Product, we will inform you if a Product is out of stock (“OOS Product”).  You will still have the opportunity to continue with your purchase of an OOS Product, in which case we will pre-order that OOS Product for you and provide an estimated timeframe for delivery.     

5.6          Acceptance by us of an Order will only take place once we have debited your credit or debit card. 

5.7          If you change your mind after placing an Order (but not yet receiving the Product) please contact us immediately. We will use our best efforts to amend or cancel the Order but if the Order has already been processed and/or dispatched/downloaded then the Product will be provided to you in accordance with these Terms. If you wish to return the Order under our Returns, Refunds and Exchange Policy under clause 11, this will be treated as a change of mind return.

6.         PRODUCT AVAILABILITY

6.1          We reserve the right to limit the sale of Products to reasonable or normal household quantities.

6.2          We use our best endeavours to try to ensure the Products sold on our Sites are available. However, circumstances outside of our control (for example errors in our system or an issue with a supplier) may result in the Product being unavailable.

6.3          If a Product is unavailable we will notify you as soon as reasonably practicable.  In the instance that we have accepted your Order and we subsequently learn that the Product is unavailable, we will contact you, and you will have the option of:

  1. waiting until the Product comes back in store based on our best estimation; or
  2. provide you with a full refund for the price of the Product within a reasonable timeframe of your request.

We shall not otherwise be liable for any additional compensation, loss or damage caused by us cancelling your Order.

7.         PRICE AND PAYMENT

7.1          Prices for all Products are in Australian dollars and GST-inclusive.

7.2          We accept payment via Visa Card, Master Card, AfterPay, Apple Pay, Google Pay, and PayPal only. No other forms of payment are accepted.

7.3          We will process your Order as promptly as possible. Your payment details must be verified before you can use the purchased Product(s).

7.4          Any discount eligibility is determined at the time of Order. Discounts cannot be applied retrospectively.

8.         PROMOTIONS

8.1          We offer various discounts, special promotions, gifts with purchase and calendar promotions for Products on our Sites from time to time (“Promotions”).

8.2          We accept payment for Promotions via Visa Card, Master Card, AfterPay, Apple Pay, Google Pay, and PayPal only. No other forms of payment for Promotions are accepted.

8.3          You will not be eligible for the benefit of a Promotion if any outstanding monies is owed by you to La Clinca.

8.4          Promotions on the Sites are only valid for the time specified in writing on the Sites which is determined by La Clinica at its absolute discretion and may vary for each Promotion.

8.5          We may terminate Promotions without notice at our absolute discretion.

8.6          Any Promotion eligibility is determined at the time of Order. Promotions cannot be applied retrospectively.

9.         DELIVERY AND SHIPPING 

9.1          We have the right to charge you a handling fee in addition to the normal shipping or delivery fees charged by our third party courier agents.  We will inform you of both the normal shipping or delivery fee and the said handling fee (together, a “Delivery Fee”) prior to you completing your purchase. The Delivery Fee is variable depending on a range of factors, including the quantity of Products purchased and the delivery destination.

9.2          We try to ensure that all Products are delivered within the timeframe of 2 to 15 Business Days after an Order is placed. However due to Product availability, processing, the delivery destination (eg: if you are located overseas) and other circumstances outside of our control, delays may occur.          

9.3          If you have not received your Order after 3 weeks please contact us.

9.4          In the instance that you provide an incorrect delivery address we will not be responsible or loss or damage suffered by you, if your Order is delivered to the incorrect address that you have supplied.

9.5          Please note that all delivery/shipping fees are non-refundable unless a Product fails to comply with the Australian Consumer Law consumer guarantee provisions.

10.       CONSUMER GUARANTEES

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

11.       RETURNS, REFUNDS AND EXCHANGE POLICY

11.1        Please note that once we have accepted your Order and you have received the Product, you cannot return the Product and seek a refund or exchange because you have done one or more of the following:

  1. got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
  2. misused the Product in any way that caused the problem;
  3. knew of or were made aware of the faults before you bought the Product; or
  4. asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted.

11.2        However, subject to clause 11.3 and unless otherwise prescribed by the Australian Consumer Law, we will accept returns and provide you with a refund if you are able to provide us with Proof of Purchase, and proof that the Product:

  1. has a problem that would have stopped someone from buying it if they’d known about it;
  2. is significantly different from the sample or description;
  3. is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time;
  4. doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
  5. is unsafe.

11.3        We endeavour to depict Products available for Order using accurate images of the Products. At times, however, Products actually delivered may differ in appearance and packaging from their appearance in images and photographs on Sites. In this instance, and unless the depiction is substantially different from the actual Product in accordance with clause 11.2(b), you will not be entitled to a refund.

11.4        If a Product arrives damaged please contact us immediately and we will arrange for the damaged Product to be returned to us.

11.5        If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.

12.       STOCKISTS

12.1        Our Products may be available for purchase through third-party retailers and other stores (“Stockists”).

12.2        Billing and refunds for these Stockists are handled by the respective Stockist, and while we will do our best to assist you in the event of a dispute or refund, we have no control over the ability to issue refunds through these stores.

12.3        If you are not satisfied with the help you receive from these Stockists, please contact us and we will do our best to resolve the situation.

12.4        If you have purchased your Products through a Stockist (not directly through La Clinica), then the Stockist’s terms and conditions of service will apply to you. 

12.5        To the extent permitted by law, we will not be liable to you for any claims related to purchases made through third parties. Please contact the third party directly to address these claims.

13.       RE-SELLING

13.1        You must not purchase Products in large quantities for the purpose of reselling such Products to retailers or use the Products purchased to further any commercial purpose (including but not limited to any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise) unless you are a Stockist approved by La Clinica purchasing Products for your authorised skin care practice or retail outlet.

13.2        We reserve the right to terminate your Account without prior notice if these Terms are violated or if we decide, in our absolute discretion, that it would be in our best interests to do so.

14.       RECALLS

14.1        For the purposes of this clause, “Adverse Event” means any untoward medical occurrence in a person that occurs with use of a Product.

14.2        In the instance an Adverse Event occurs regarding Products that come to your attention, you agree to provide La Clinica a written report within one (1) Business Day of becoming aware of such an event.

14.3        You agree that, unless otherwise required by law or applicable regulatory authority, La Clinica shall be solely responsible for determining if any Product recall or removal from sale should occur. Stockists and wholesalers agree to co-operate to the fullest extent possible to diminish any risk to the public from an Adverse Event, including taking the following actions (as directed by La Clinica):

  1. removing Products that may be affected from offer for sale to the public;
  2. recalling Products that may be affected where they have been sold;
  3. complying with all laws, regulations and notice requirements in relation to product recalls;
  4. disseminating information that has been approved by La Clinica and which in La Clinica’s opinion is necessary or desirable to limit any harm, loss or damage that maybe caused in any way in relation to the matter; and
  5. complying with any other directions and corrective action required by La Clinica in relation to the matter.
15.       LIABILITY & INDEMNITY

15.1        To the fullest extent permitted by law (including the Australian Consumer Law), we exclude all other rights, remedies, guarantees, conditions and warranties in respect of your use and access of our Sites, access to our Content (whether they are through our Sites or in hard copy form), purchase of Products, whether based in statute, common law or otherwise to the extent permitted by law. Subject to the Australian Consumer Law and to the fullest extent permitted by law:

  1. we exclude all liability for any direct, indirect, special, and/or consequential damages arising from the use of our Sites in respect to any:
    1. loss of data or business information;
    2. any business losses, including (without limitation) loss of revenue, profits, commercial opportunities, business reputation, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute;
    3. glitches, bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Sites by any third party;
    4. errors, mistakes or inaccuracies of Content or information provided by you (including Order details), including but not limited to sending Products to the address as notified by you;
    5. personal injury or property damage, of any nature whatsoever, resulting from access to and use of our Sites or of purchasing or using our Products;
    6. any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
    7. interruption of business or any consequential or incidental damages;
  2. Content included in the Sites is prepared as general information only.  It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances. We take no responsibility and disclaim all liability with respect to the accuracy of the Content contained in our Sites;
  3. you warrant that any information you have provided to us (including the Registration Data) is true and correct and we disclaim all liability for any loss or damage that you may suffer or incur in the event of incorrect or incomplete Registration Data having been supplied, including (without limitation) sending the Products to the address as notified by you;
  4. you acknowledge that we control all of the Content on our Sites and that such Content may be changed at our absolute discretion without providing you with notice;
  5. upon our request, you agree to defend, hold harmless and indemnify us and each of our affiliates, directors, officers, employees and agents against any action, claim, loss or expense (including reasonable legal fees) incurred by us, which arises from or in connection with your access or use of our Sites (including any software or hardware damage that you may suffer), your purchase of our Product(s); and
  6. we reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

 15.2        To the extent that our liability for breach of any implied warranty or condition cannot be excluded at law, our liability will be limited in relation to Products, at our option, to:

  1. the replacement of the Product or the supply of an equivalent Product;
  2. the repair of the Product;
  3. the payment of the cost of having the Product replaced; or
  4. the payment of the cost of having the Product repaired.

15.3        In relation to any express warranty or condition set out in these Terms in connection with Products supplied or offered by us or any of our related entities, our liability shall be limited to the amount paid by you for Products.

16.       STORAGE OF YOUR DETAILS

16.1        Your personal information is transmitted via an encrypted connection and stored by La Clinica. Please see our Privacy Policy for more details.

16.2        Your credit or debit card information is stored by our payment processor so that we can process your Order and renewal payments (if applicable).

16.3        Your details will be transmitted to our payment processor via Payment Card Industry Data Security Standards (PCI-DSS) compliant protocols. Our payment processor is responsible for protecting the security of credit or debit card details stored on their servers, and will take reasonable steps to protect your personal information from unauthorised access and accidental loss or modification.

17.       PRIVACY 

17.1        La Clinica and our Related Entities are collecting your personal information for the purpose of selling the Products and getting a better understanding of our target market. We will otherwise handle your personal information in accordance with our Privacy Policy which is available on our Sites.

17.2        By providing your personal information, you agree to the terms of our Privacy Policy.

18.       GENERAL

18.1        If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

18.2        Other than as expressly set out in these Terms, no party has relied on any representation made by or on behalf of the other.

18.3        Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of La Clinica.

18.4        These Terms are governed by the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the state and federal courts located in Melbourne, Victoria.

19.       FORCE MAJEURE

La Clinica, its affiliates and information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of any Product that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, epidemics or pandemics, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

  © 2020 Personal Care Innovations Pty Ltd. ALL RIGHTS RESERVED.

These Terms were last updated on 4th May 2020.