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TERMS AND CONDITIONS

Updated 30 January 2023

OVERVIEW

At Brisbane Skin & Laser Clinics we aim to provide a smooth and hassle-free treatment while providing the best service possible.

1.0. ORDER

1.1. Any purchase order is subject to acceptance by the Company. Acceptance thereof will be communicated via our online store or, if dealing outside of the store with one of Brisbane Skin & Laser Clinics sales representatives, acceptance will be communicated within 2 business days of receipt of an executed copy of the purchase order.
1.2. Upon acceptance, this purchase order will become a binding agreement between the Customer and Company.
1.3. After Acceptance, if the Customer wishes to cancel or vary the order, the Customer shall be liable for any costs of manufacture incurred by the Company up to the time that the Company has received notice of and acknowledged the Customer’s intent to cancel.

2.0. PRICE & PAYMENT

2.1. The price of any item or service is the price indicated on our online store via https://brisbaneskinandlaser.com.au/ or via a quotation provided by one of Brisbane Skin & Laser Clinics Sales Representatives, unless otherwise expressly stated in writing by a Brisbane Skin & Laser Clinics sales representative.
2.2. The Company reserves the sole right to change the Price of any item, items, and/or orders in the event of a variation to the quotation.
2.3. The Customer shall not be entitled to make any deduction in respect of the price of any product or service from the Company relating to any set-off or counterclaim by the Customer against the Company.

3.0. DELIVERY AND RISK

3.1. Delivery of goods shall be effected by the Company to the Customer:
3.1.1. subject to availability; and
3.1.2. without any liability on behalf of the Company for any delays.
3.2. Once the goods have been delivered by the Company to the site of the Customer, all risk in and to the goods shall pass to the Customer.

4.0. CLAIMS, DISCLAIMER OR WARRANTIES; LIMITATION OF LIABILITY

4.1. All claims for any damage and/or defect(s) in the goods purchased by the Customer must be made to the Company in writing within 2 days of the date of delivery of the goods, otherwise the goods are deemed to be accepted and in good order and condition.
4.2. Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality, or due to a technical issue.
4.3. Brisbane Skin & Laser Clinics aims to ensure all our clients are satisfied with our products. Please contact us if you have any issues and we will do our best, within reason, to rectify any issues.

5.0. RETENTION OF TITLE

5.1. Possession of goods from the Company shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made in full, the Customer holds the goods as bailee for and on behalf of the Company.
5.2. In the event Brisbane Skin & Laser Clinics grants credit to a customer where a larger order is placed; If the Customer fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose, the Company shall be entitled to enter upon the Customer’s premises to retake possession of the goods without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to the Company by the Customer less the value of the goods that the Company attributes to the goods at the time of such repossession. The Company’s determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time.
5.3. Until the goods are paid for in full, the Customer shall:
5.3.1. keep the goods on behalf of the Company fully insured against loss, damage, and destruction;
5.3.2. keep the goods clearly identifiable; and
5.3.3. not grant any charge or mortgage over the goods, or otherwise, encumber the goods.
5.4. If the Customer sells the goods for which it has not made payment, it does so as the Company’s agent and the proceeds of sale are held by the Customer on trust for the Company and the Customer will hold them in a separate account pending its accounting to the Company. The Customer must notify any financier or a third party in favour of whom it grants a charge over the assets of its business that all of the Company’s goods which have not been paid for by it do not constitute the Customer’s property. Such financier or third party will be deemed to be subject to the Company’s retention of title until the Company’s goods are paid for in full.

6.0. RECOVERY

6.1. Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to the Company for all, directly and indirectly, related legal costs incurred by the Company.

7.0. GENERAL

7.1. The Terms and Conditions of Trade may not be altered without our express prior, written consent. Any alterations must be clearly marked and agreed to by us.
7.2. The Customer’s non-adherence to any of the terms set out above does not in any way constitute an acceptance on our part or a waiver of the Company’s rights. These Standard Terms of Sale will be interpreted according to the laws of Queensland and the courts having such jurisdiction in Queensland. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, all remaining provisions shall nevertheless continue to be of full force and effect.
7.3. These Terms of Sale offered by Brisbane Skin & Laser Clinics are the only Terms of Sale offered and are not overridden or superseded by any other Terms which the Customer may add or append to their Purchase Order. Any additional terms attached to a Purchase Order are not agreed and will not be read by Brisbane Skin & Laser Clinics staff, as there has been no allowance in any quote given for any additional costs in time or fees, or any other costs in assessment, or delivery of goods, or retention or late payments, or any other additional unquoted costs, or any Terms which the Customer may attach to their Purchase Order.

8.0. INDIVIDUAL RESULTS

8.1. Members of our Medical Team are not able to accurately predict individual results or performance and therefore cannot be held liable. Individual results of the available products will vary.

9.0. PERSONAL USE

9.1. The products that are prescribed to you from our website are for your personal use only. It is illegal for you to share or resell any products purchased from the Company.

10.0. FRAUDULENT INFORMATION

10.1. By supplying personal information with us at Brisbane Skin & Laser Clinics, you agree to provide the most truthful and up to date information. If you choose to falsify any personal information (including your identity) on your account or within our clinics, you are committing fraud and can be subject to legal action.

11.0. SALE OF PRODUCTS

11.1. Under Australian law, to be eligible to be prescribed and purchase products from Brisbane Skin & Laser Clinics, you must first register and complete our confidential medical questionnaire to become a patient. To order you must be over 18, the owner of a valid debit or credit card, be the purchaser of the goods, and have on record a valid prescription from one of our registered physicians (which we will provide included in the price of the goods).
11.2. Once your product has been delivered to your address, you are responsible for these goods. Brisbane Skin & Laser Clinics is not responsible should your product break, be stored incorrectly, or not used within the expiry date.
11.3. Treatments are not transferable between individuals. We require at least 24 hours notice to be given prior to any treatment cancellation. If any cancellations are made within 24 hours of the treatment or you do not attend the treatment at the specified time, we reserve the right to retain your deposit. In the case of pre-paid treatments, the cost in its entirety will be forfeited.
11.4. Refunds will be supplied if required in accordance with the Australian Consumer Law. We do not refund in the case of a change of mind. Some of our treatments may not be suitable for you. Our technicians and nurses will exercise due care, however, f the treatment or service is not deemed suitable for you, your purchase is transferable between services and packages up to the same value.
11.5. The Brisbane Skin & Laser Clinics team are considerate of personal circumstances changing, however, it is wholly your responsibility to ensure you are able to commit to your treatment plan and investment purchased at your chosen clinic, for the entire duration of your treatment course within the date of validity.
11.6. When pre-paying your treatments you will save a particular amount in accordance with the payment specified. There are no refunds of pre-paid treatments and it is important to note that treatments are not transferable between other individuals or treatment areas.
11.7. Pre-paid treatments have a 12-month for purchases of less than 10 treatments, or 10 or more treatments, respectively.
11.8. We require at least 24 hours notice of pre-paid treatment cancellations, any cancellations within 24 hours of the treatment or if you do not attend the treatment at the specified time, will be forfeited and not refunded.
11.9. These terms are agreed to upon your purchase of prepaid treatments.
11.10. All treatments purchased via our online system are subject to the same regulations as previously stated.
11.11. Treatments purchased online are not transferable between individuals or treatment areas.
11.12. Promotional sales on ‘Skin & Laser’ refer to all Skin & Laser treatments, excluding: bundle treatments, Factor 4, Lira Medical Melasma, Brazilian Laser Hair Removal, Add On Treatments, Skin Needling, and Laser Genesis. Unless stated otherwise.
11.13. Promotional sales are not in conjunction with any other promotional offers. Unless stated otherwise.

12.0. HYDRAFACIAL FOUNDATION VIP AND STANDARD VIP MEMBERSHIP

12.1. Foundation VIP Memberships are classified as the first 100 purchases of the memberships. All purchases beyond this are classified as Standard VIP Memberships.
12.2. The customer will have 24 months from the date of purchase to complete the treatments included in both VIP packages.
12.3. Both of the Hydrafacial VIP Memberships are non-refundable, however the customer may transfer any remaining unused amount to another skin or laser treatment (excluding injectables) at the discretion of the Brisbane Skin and Laser Clinic’s management.
12.4. The treatments within the HydraFacial VIP Memberships are non-transferable and may only be used by the individual customer whose account the membership purchase is associated with.
12.5. If the treatments are deemed not suitable due to an adverse reaction or contraindication, the remaining value can be redeemed as store credit for Brisbane Skin and Laser Clinic.
12.6. Once the HydraFacial Foundation VIP package is completed, Foundation VIP Members will receive all individual HydraFacial treatments at the lowest price which is reflective in the 10-pack bulk pricing. This pricing is not transferable to another individual.
12.7. Standard VIP Memberships purchased outside of the 100 Foundation VIP Memberships are eligible for an ongoing individual HydraFacial pricing (after the included treatments are completed) that is also reflective of the 10-pack pricing. This pricing is only available to the purchaser for 24 months from the date of Standard VIP Membership package purchase. This pricing is not transferable to another person.

13.0. USAGE RESTRICTIONS

13.1. By supplying personal information with us at Brisbane Skin & Laser Clinics, you agree to provide the most truthful and up to date information. If you choose to falsify any personal information (including your identity) on your account or within our clinics, you are committing fraud and can be subject to legal action.

15.0. IMAGES, COPYRIGHT, LICENSING, AND USAGE

15.1. Images used in this website are for general reference only.
15.2. All photographed images and illustrations, and all other writing and content on this website are the property and copyright of Brisbane Skin & Laser Clinics. Images and website content owned by Brisbane Skin & Laser Clinics and managed by it are protected under Australian and international copyright laws. No images or content or their parts may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, or otherwise without prior written permission from Brisbane Skin & Laser Clinics. Brisbane Skin & Laser Clinics is assertive in pursuing circumstances where it perceives the copyright of its work has been breached and where it perceives the law has been broken.
15.3. All Brisbane Skin & Laser Clinics images and content requested and purchased through it are offered on an individual license basis and are non-exclusive. The copyright of the image is always retained by Brisbane Skin & Laser Clinics. The licenses serve to protect the rights of Brisbane Skin & Laser Clinics. When an image is licensed, there will be standard terms and conditions of use outlined with your specific usage rights. This takes effect once the license has been agreed, with the full Brisbane Skin & Laser Clinics licensing and purchasing terms. Please contact Brisbane Skin & Laser Clinics should you require these terms or further information.
15.4. When images or content are licensed by Brisbane Skin & Laser Clinics, the usage is specified on the invoice and cannot be used for any other purpose and may not be transferred by you to a third party (including secondary rights) or publication without further prior agreement by Brisbane Skin & Laser Clinics. The license will state the media use, duration rights, and the territories for the usage. Reproduction of an image may only take place once license terms have been agreed and a license granted, and all confirmed in writing. Following Brisbane Skin & Laser Clinics permission to use an image or content, all images or content must be destroyed after use or on expiry of the license term and must not be stored beyond this date unless our express permission is given in writing. Any use of images not abiding by these conditions will be considered as a breach of these terms and an infringement of copyright. As a result, Brisbane Skin & Laser Clinics reserves the right to claim any damages that this incurs.
15.5. By downloading images or any content from our website, either as a new payment or with an agreed pricing arrangement with Brisbane Skin & Laser Clinics, you are agreeing to Brisbane Skin & Laser Clinics non-transferrable Licensing and Purchasing Terms, which accompany all downloaded files and products, and outlines the terms and conditions of the license.
15.6. A fee is generally payable to license any rights-managed image or content. The fee is based on how the image is going to be used. This will be calculated by such factors as the media use, the reproduction size and position, period of use, size of print run, and distribution territory. Brisbane Skin & Laser Clinics calculates this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license. If an invoice issued by Brisbane Skin & Laser Clinics for the usage fee is not paid in full by the terms of the invoice, the license will be canceled, and non-payment will be considered as a breach of these terms. As a result, Brisbane Skin & Laser Clinics reserves the right to claim any damages that this incurs. Images may not be re-sold, rented, or reassigned by you and any third-party use must be agreed by Brisbane Skin & Laser Clinics under license in accordance with these terms.
15.7. The rights to alter any image or content rests with Brisbane Skin & Laser Clinics and its opinion and express consent must be sought and agreed to on any alteration request.
15.8. All images must be reproduced with or in the spirit of an accompanying caption. If there is any doubt by the licensee, then verification should be sought before publication.
15.9. With all editorial rights-managed images, the copyright holder/photographer should be credited with any reproduction of their work. The credit line should read Brisbane Skin & Laser Clinics. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgments or credits section. For all commercial and advertising uses, Brisbane Skin & Laser Clinics requests that the licensee would use reasonable effort to provide the same credit line. Failure to do so may incur an additional charge of 20% of the original license fee.
15.10. Brisbane Skin & Laser Clinics requests at least two copies of any publication featuring an image reproduction upon publication.
15.11. The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, artistic craftsmanship, animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold Brisbane Skin & Laser Clinics harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any images for which:
15.11.1. No release was furnished by Brisbane Skin & Laser Clinics in writing,
15.11.2. The use of any images exceeds the scope of the release provided by Brisbane Skin & Laser Clinics.
15.12. The licensee will also indemnify and hold Brisbane Skin & Laser Clinics harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the images and content, including, but not limited to, defamation, right of privacy, right of publicity and obscenity claims. Brisbane Skin & Laser Clinics’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. Brisbane Skin & Laser Clinics makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.

16.0. COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

16.1. By making any suggestions, proposals, plans, ideas, or other materials made to Brisbane Skin & Laser Clinics, whether online, in writing, by email, or to our contact page, by postal mail, or via one of our Social Media platforms, you agree that we may, at any time, without restriction, edit, copy, publish and distribute and otherwise use in any medium.
16.2. We are under no obligation to maintain comments in confidence, to pay compensation for any comments, or to reply to any comments.
16.3. We reserve the right to edit or remove content that we determine rude, unlawful, offensive, obscene, or for any other unstated reason.
16.4. Brisbane Skin & Laser Clinics reserves the right to block or remove individuals from any communications from our company if any of the above are deemed to be violated.

17.0. CONTACT INFORMATION

17.1. Questions about our Terms of Services should be sent to us at [email protected].

18.0. RETURNS & REFUNDS

18.1.Brisbane Skin & Laser Clinics will provide refunds in accordance with the Competition and Consumer Act (Australian Consumer Law). Please note, refunds are not provided for change of mind.
18.2. You may be entitled to an exchange or refund of a product or service where it is:
18.2.1. faulty;
18.2.2. substantially unfit for its specified purpose and cannot be remedied within a reasonable timeframe;
18.2.3. unsafe or creates an unsafe situation; or
18.2.4. significantly different from its description/sample.
18.3. If there is a problem with a product or service, and it can be remedied, we will attempt to remedy it within a reasonable time. If remediation is not possible, the above will apply, and you may be entitled to an exchange or refund.
18.4. Please keep and produce your proof of purchase for all refunds and exchanges (e.g.: your receipt).
18.5. Customer results may vary, and as such, no refund or exchange will be provided if the service or product did not provide the desired result, excluding any faults/major problems outlined above.
18.6. This refund policy applies and you agree to be bound by these conditions, when purchasing pre-paid treatments including packages for multiple treatments.

19.0. DELIVERY

19.1. When purchasing any product from Brisbane Skin & Laser Clinics, the Customer agrees to accept delivery of the product. If you are not able to accept delivery you must advise Brisbane Skin & Laser Clinics before any delivery is attempted.
19.2. Any and all failed delivery attempts made by a courier will result in the goods being held by the courier. You will be notified upon a failed delivery attempt and will need to contact the courier via the supplied information to re-arrange delivery or pickup from the courier’s depot.
19.3. We will make reasonable attempts to contact you before delivery to ensure you are able to accept the product.
19.4. Depending on the contents of your order, it may be shipped from our warehouse or our compounding pharmacy. Some orders may come split into multiple packages depending on stock availability. The times given on this page are only a guideline. Please use the tracking number provided in your email to stay aware of the delivery timeline.

20.0. GOVERNING LAW AND JURISDICTION

20.1. This agreement is governed by the laws of Queensland, Australia whose courts are the courts of exclusive jurisdiction. This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded, save for infringement of copyright or non-payment of our invoices where it will be non-exclusive.
20.2. Brisbane Skin & Laser Clinics reserves the right to change these terms: privacy policy, prices, information, and license terms, featured on this website without notice. No action of Brisbane Skin & Laser Clinics, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these terms or privacy policy. Should any clause of these terms or privacy policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

21.0. COUPONS, DISCOUNTS, VOUCHERS, AND GIFT CERTIFICATES

21.1. Coupons, discounts, and sales are all a reduction of the administration and/or doctors fees and are not a discount to Schedule 4 medication.
21.2. Brisbane Skin & Laser Clinics reserves the right to edit, change, or delete any sales, coupons, or discounts without notice.
21.3. Vouchers are only redeemable at Brisbane Skin & Laser Clinics clinics.
21.4. Vouchers are not usable for online purchases.
21.5. Vouchers are not transferable to cash.
21.6. Vouchers are not shareable between clinics or person, unless it is transferred in its full amount.
21.7. Gift certificates purchased at sale price are valid for 12 months.
21.8. Gift certificates purchased at full price are valid for 3 years.

21.9. The AfterPay Day Sale (Buy One Get One FREE on selected treatments) is not inclusive of skin and laser hair removal bundles or multipacks, Entry-Level Peels, Nurse Treatments, Factor4, and Hydrafacial. This offer is limited to a maximum of six per treatment type for each individual (i.e. buy three, get three free). You may purchase a variety of eligible treatment types, however a maximum limit of six of each will apply at the discounted price. Discounts apply in cart.

22.0. CONFIDENTIAL MEDICAL INFORMATION

22.1. As a medical company, we value and uphold your privacy at all times. To provide you with prescriptions and medical products, we are required by Australian Law to collect and store your personal details and medical history. All information collected by Brisbane Skin & Laser Clinics, including sensitive medical information, is stored securely and is not shared.
22.2. When you purchase products from our store, as part of the buying and selling process, we collect all required personal information from you such as your name, address, and contact details.
22.3. When you browse our store, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information about your browser and operating system that helps to ensure any problems with the website are immediately dealt with by our IT department.
22.4. Email marketing (if applicable) – with your permission, we may send you emails about our new store, specials, promotions, new products, and other relevant updates.
22.5. When you provide us with personal information to complete a transaction, verify your credit card, place an order or arrange for a delivery, we imply that you consent to our collecting of it and using it for that specific reason only.
22.6. If we ask for a secondary reason, such as marketing, we will ask you directly for your express consent and will provide you with an opportunity to say yes or no.
22.7. If, after you opt-in, you change your mind, you may withdraw your consent for us to contact you at any time. Please contact us at [email protected].

23.0. DISCLOSURE

23.1. We will not disclose any of your information securely stored behind firewalls, except in the below circumstances.
23.2. If required by law to disclose your information, or if you violate our Terms and Conditions, we may disclose such information.

24.0. PAYMENT

24.1. Brisbane Skin & Laser Clinics uses ANZ Secure Gateway for its online transactions. ANZ Secure Gateway processes online credit card transactions, providing a safe and secure means of collecting payments online. When you provide your payment information, we transmit it via an encrypted connection to ANZ. ANZ Secure Gateway uses and processes your payment information in accordance with their Privacy Policy. All online credit card transactions performed on this site using the ANZ Secure Gateway are secured payments. Payments are fully automated with an immediate response. Your complete credit card number cannot be viewed by Brisbane Skin & Laser Clinics or any outside party.
24.2. The security of your personal information is extremely important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When credit card details are collected, we simply pass them on in order to be processed as required. We follow industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our website, you can email us at [email protected]
24.3. Brisbane Skin & Laser Clinics offers ZIP pay for your convenience. Please note that all ZIP pay purchases are subject to ZIP pay terms and conditions. Brisbane Skin & Laser Clinics are not responsible for any ZIP pay issues you may encounter while in a transaction with us. Please ensure you communicate any ZIP pay account issues with ZIP.
24.4. Brisbane Skin & Laser Clinics offers Afterpay for your convenience. Please note that all Afterpay purchases are subject to Afterpay terms and conditions. Brisbane Skin & Laser Clinics are not responsible for any Afterpay issues you may encounter while in a transaction with us. Please ensure you communicate any Afterpay account issues with Afterpay.

25.0. THIRD-PARTY SERVICES

25.1. Any information collected by third-party providers will not involve Brisbane Skin & Laser Clinics. We suggest referring to their Terms & Conditions, and Privacy Statements.
25.2. This includes links to any third-party websites via our website.
25.3. Brisbane Skin & Laser Clinics is not responsible for any views expressed by guest writers on or off the https://brisbaneskinandlaser.com.au/
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