Terms of Service
Now, for the legal stuff…
Thanks for stopping by The Know Skin. These Terms and Conditions apply to (a) your use or access
to this Website; (b) the supply of our Products ordered by you; and (c) the provision of our Services
to you via this Website or other methods or platforms (e.g. via text message, email or social
accounts).
Please review these Terms and Conditions carefully, if you do not agree to these Terms and
Conditions, please do not use the Website, place any Orders for our Products on this Website or
request our Services. Your use of this Website, the placing of any Orders of our Products, or your
request of our Services, constitute your acceptance to these Terms and Conditions.
We offer a wide range of goods and services, and sometimes additional terms may apply. These are
posted on the Website. When you purchase Products or request our Services where additional terms
apply, you will be subject to those terms in addition to these Terms and Conditions, as applicable.
1. DEFINITIONS
1.1 In these Terms and Conditions, unless the contrary intention appears:
Accepted Order means an Order accepted by us and for which payment has been received
by us and an order confirmation notice is provided to you for such Order.
ACL means the Australian Consumer Law being Schedule 2 of the Competition and
Consumer Act 2010 (Cth).
Business Day means a day that is not a Saturday, Sunday or public holiday in Queensland,
Australia or, for deliveries of Products, at the place of delivery.
Contract means a contract of sale referred to in clause 2.4.
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999
(Cth).
Order means an order for the Products placed by you.
Price means the price of the Products inclusive of GST listed on the Website.
Privacy Policy means our Privacy Policy, as amended from time to time, available at
www.theknowkski.com.au/privacy-policy
Product means the goods listed on the Website, or the goods purchased or to be purchased
by you which are the subject of a Contract.
Returns Policy means the returns policy for the Products purchased from us, as amended
from time to time, and available at www.theknowskin.com.au/customer-service
Service means the services offered by us, offered on the Website or via other methods of
platforms (e.g. via a text message, email or social account) referred to in clause 7 below.
Terms and Conditions means these terms and conditions governing the use of the Website,
the supply of Products or the provision of Services by us, and includes our Privacy Policy, our
Product Warranty and our Returns Policy (where applicable).
We, us or our means The Know Skin Pty Ltd ABN: 18 646 806 760 and its associated entities
as defined in the Corporations Act 2001 (Cth).
2. ORDERS
2.1 You may place an Order for our Products by completing and submitting to us an online order and
completing the checkout procedures on the Website. You must not order Products from us if you are
under eighteen (18) years of age. We may, at our discretion, treat any order by a person under
eighteen (18) years old as void.
2.2 All Orders are subject to our acceptance at our discretion. This Website and the information on it
constitute an invitation to treat and not an offer by us to supply any Products. Your Order represents
an offer from you to purchase the Product in accordance with these Terms and Conditions. Our
acceptance of a particular Order will not imply that we will accept any of your future Orders.
2.3 Orders placed on a weekend or public holiday will not be processed until the next Business Day.
If we accept your Order, we will acknowledge and accept your Order by providing you with an order
confirmation number via email once your payment for the Products in your Order has been
validated. If we do not accept your Order, we will provide a full refund of the amount paid by you
and received by us for that Order.
2.4 Once your Order is accepted by us, a binding contract will come into existence between you and
us in relation to the ordered Products. The Contract will comprise the Accepted Order and these
Terms and Conditions. If there are any inconsistencies between these Terms and Conditions and
another provision in the Contract, the provision in these Terms and Conditions will prevail to the
extent of inconsistency. No other terms or conditions (including any terms or conditions printed on
or referred to in your Order) will be binding on us unless we agree in writing.
3. ORDER ACCEPTANCE AND CANCELLATION
3.1 You may cancel an Order any time prior to the time we send out the order confirmation notice to
you. You may not cancel any Accepted Orders unless we agree to your cancellation, in which case
you will be required to pay a cancellation fee, currently AUD$9.00.
3.2 You agree that we may not accept your Order, or we may cancel any Accepted Orders due to any
of the following:
(a) the Products you order are not, or no longer available;
(b) we are not able to receive payment for the Products, or any payment was subsequently revoked;
or
(c) where a Product has been listed or advertised with an incorrect price or inaccurate information
by mistake, in which case, you acknowledge and agree that we are under no obligation to sell you
any Products. If you have made a payment and submitted your Order which is cancelled or rejected
by us, or if we cancel your Accepted Order, we will provide you with a full refund for the amount you
have paid and received by us for that Order or Accepted Order.
4. PRICE AND PAYMENT
4.1 Subject to clause 3, the price payable by you for the Products in an Accepted Order will be the
Price for the Products at the time your Order is submitted. We may update or vary the Price from
time to time without notice to you. Any changes will be effective once they are published on the
Website.
4.2 All Prices are inclusive of GST. In the event that GST is not payable, such as when the Products
are to be delivered outside of Australia, the GST will be deducted from the Price. All Prices do not
include insurance or any other tax, tariff or duty unless expressly stated otherwise. You are required
to pay (where applicable) these charges in addition to, and at the same time as, payment of the
Price for the Products. If we are required to pay any additional tax, tariff, duty, fee or charge (in
addition to GST), you must reimburse us with the amount paid.
4.3 We accept payment for any Accepted Orders by PayPal, Afterpay or credit or debit card only. We
will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your
PayPal, Afterpay, credit or debit card is fraudulently used or used in an unauthorised manner by a
third party.
4.4 Unless expressly stated to the contrary, all payments must be made in the currency specified in
the Price on the Website for your transaction. Where conversion from foreign currency is required,
such currency conversion will be performed by PayPal, AfterPay, Brain Tree or the debit card
company and may be subject to a fee charged by them.
4.5 We will process PayPal, credit and debit card payments as soon as you submit your Order.
4.6 If your payment is declined or reversed for any reason, we reserve the right to reject your Order
or cancel any Accepted Orders. We reserve the right to keep or sell the Products.
4.7 Your tax invoice will be sent to you when the Products are delivered. Please keep your tax
invoice safely as it is your proof of purchase.
5. DELIVERY, DUTIES AND TAXES
5.1 There will be no delivery charges for standard shipping within Australia of each Accepted Order
where such order has a total value of more than AUD$28.00 (inclusive of GST and any other taxes).
Delivery charges will apply to each Accepted Order of a total value of AUD$28.00 (inclusive of GST
and any other taxes) or less, or an Accepted Order with a total value of more than AUD$28.00
(inclusive of GST and any other taxes) where any delivery option other than standard shipping is
requested (for example, express post within Australia, shipping or express courier for international
deliveries). For all delivery options, (including standard shipping within Australia) whether provided
to you with or without charges, you will continue to be liable for any insurance, tax, tariff or duty
(where applicable).
5.2 We will deliver the Products once full payment of the Price and all applicable charges (including
charges for delivery, insurance or any other tax, tariff or duty) have been received. Any timeframes
quoted by us for delivery of the Products are estimates only and will not be of the essence of the
Contract; or otherwise confer any right of cancellation of an Accepted Order on you. We will not be
liable for any loss or damages (directly or indirectly) sustained by you as a result of our failure to
deliver by a particular delivery date.
5.3 We deliver Products within Australia and internationally. All Products will be delivered by a
postal service or courier selected by you at the time your Order is submitted. If you provide specific
delivery instructions (including to the postal service or courier), for example, for your Product to be
to be left at your nominated address without acknowledgment of receipt, we will not be liable or
responsible for any loss or damage to your Products once the delivery is made in accordance with
your instructions. We are also not liable or responsible for any loss or damage to your Products that
occurs as a result of the handling of Products by the postal service or courier in the process of
delivering such products to you.
5.4 If the Products are to be delivered outside of Australia, you must comply with all laws and
regulations of the country where the Products of your Accepted Order is shipped. You will be listed
as the “importer” of the Product. All taxes, duties and tariffs will be your sole responsibility. We have
no control over such taxes, duties and tariffs and do not have any obligation to ensure any Accepted
Order will clear customs. You should contact relevant customs authority to determine if your
Products under an Accepted Order will be charged any taxes, duties and tariffs or subject to any laws
and regulations.
5.5 We do not take any responsibility where the Products of your Accepted Order are opened for
inspection by customs authorities. In order to facilitate customs clearance and comply with local
laws, we may disclose personal information, such as your name and address and other information
such as the Price and description of the Products and shipment and carrier information.
5.6 You acknowledge that any delays caused by custom clearance are beyond our control. Our
original estimated delivery timeframes do not take into account custom clearance. We are not liable
for any loss or damage you suffer due to custom clearance delays.
5.7 Unless otherwise agreed, the Products are not insured by us and you will bear any risk of loss or
damage to the Products when delivered to you.
6. INTELLECTUAL PROPERTY
6.1 All intellectual property rights in and to this Website and all information, contents and
photographs published on this Website, whether in relation to our Products or otherwise, belongs or
is otherwise licensed to us. You acquire no right, title or interest in or to our intellectual property by
virtue of these Terms and Conditions. Nothing on the Website should be construed as granting any
licence to use any intellectual property right, including any trade mark, without our permission.
6.2 In particular, you must not use any trade marks appearing on or in relation to the Products, our
photographs of the Products, or any information or contents published on this Website in relation to
the Products:
(a) to promote or market the Products in any way;
(b) in connection with goods or services that do not belong to us;
(c) in a manner that may be confusing, misleading or deceptive; or
(d) in a manner that disparages us, our Products, Services or the Website.
7. SERVICES
7.1 We may provide advice or give recommendations to you with respect to skin care and cosmetic
products on the Website or via other methods or platforms (e.g. via a text message, email or on
social accounts). Any information on the Website is provided strictly for general information
purposes and should not be construed as specific or medical advice to your particular need.
7.2 The advice and recommendations given are suggestions only based on our experience and
understanding of the Products and, where applicable, on the information provided by you. Our
advice and recommendations, including with respect to Products, do not come with any guarantee
or warranty of success or suitability.
7.3 Any skin advice or marketing material is not intended to be professional medical advice,
diagnosis or treatment. Always seek the advice of your physician or other qualified health
professional with any question or issue you may have regarding the condition of your skin, or other
medical condition. Do not disregard professional medical advice or delay in seeking it because of
something you have read on this Website.
8. YOUR ACCOUNT AND PRIVACY
8.1 You may create a customer account with us by completing and submitting to us a completed
online form on the Website.
8.2 By registering a customer account with us, or otherwise submitting an Order for our Products,
we may require you to provide your personal information, including details such as your name, your
email address, phone number, billing and delivery address. You warrant that all information
submitted to us is true, accurate and up-to-date.
8.3 Our Privacy Policy governs how we collect, use, handle and disclose any personal information
you provide or disclose to us and forms part of these Terms and Conditions. You should carefully
read and review our Privacy Policy and these Terms and Conditions with respect to the collection,
use, handling and disclosure of personal information, these Terms and Conditions will prevail to the
extent of any inconsistencies.
8.4 If you register a customer account with us, we will require you to create a password for your
customer account. You are must ensure that your username and password are kept secure and
confidential. You must not allow your username or password to be used by any third party, or
otherwise permit any third party to access your account at any time. You will be solely responsible
for any misuse or abuse of your username, password or person details for anything that results from
the use of your customer account (including any Orders placed under the account). You agree to
indemnify us against any loss or claims arising from the unauthorised use of your username and
password.
8.5 You will immediately notify us through our website’s “Contact Us” section of any suspected or
actual unauthorised use of your account, disclosure of your username and password or any other
security breaches.
8.6 Your account registrations are subject to our acceptance. We reserve the right to deny, restrict,
suspend or close any customer accounts at our discretion.
8.7 You agree and consent to us contacting you for direct marketing purposes subject to our Privacy
Policy, such as to inform you about products and services that may be of interest to you. This
consent is not limited in time unless you choose to opt out by notifying us in writing via the “Contact
Us” section of this Website, or by utilising an “unsubscribe” facility on a communication we send to
you, in which case, we will take steps to ensure you do not receive any such direct marketing
information in the future.
8.8 Cookies refer to small pieces of data which are stored on your computer. Cookies may be used to
control the display of an advertisement, track your browsing patterns, to personalise information
and record registration. You acknowledge that we may store one or more cookies in your browser or
request your browser to transmit the data to the web server. Subject to our Privacy Policy, we
reserve the right to use anonymous data acquired through cookies about our users for any business
purposes.
9. OUR WEBSITE AND YOUR USE
9.1 We have made reasonable endeavours to ensure that the information and content provided on
this Website are accurate and current at the date of publication, and that the photographs of the
Products listed on this Website are represented accurately (including the size, colour, texture and
overall appearance of the Product and the colour and shades offered by the Products). However,
you acknowledge and agree that:
(a) the effect and texture of the Products may appear different in real life in comparison to the
images displayed on the Website due to the effect of the Products on different skin tones and the
texture of different types of skin on which the Products are applied;
(b) the size of the Products may appear different in real life in comparison to the images displayed
on the Website, for example, the Product may appear smaller or bigger than their actual size;
(c) the fill level of the Product may appear higher or lower than the fill level of the Product displayed
on the Website (where applicable);
(d) information to certain Products may have been inaccurately described by our suppliers which we
have relied upon and undertaken reasonable inspections, which would normally be expected in the
course of business to verify the information; and
(e) subject to clause 10 and to the extent permitted by law, we provide no (whether implied,
expressed or otherwise) warranties, representations, or guarantees of any kind in relation to
information, content and photographs on this Website.
9.2 We have used commercially reasonable efforts to provide you with access to this Website via the
internet. You acknowledge and agree that access to and use of this Website may be temporarily
suspended for scheduled or urgent server maintenance work or for other reasons beyond our
reasonable control.
9.3 Subject to clause 10 and to the extent permitted by law and, except as provided by these Terms
and Conditions, we will not be liable for any losses (including through negligence), damage (directly
or indirectly), costs or expenses suffered by you or claims made against you in connection with:
(a) your reliance on any information, contents or photographs on this Website, including any errors,
omissions, inaccuracies in the information, content and photographs of this Website; and
(b) your use of or inability to use the Website or any defects in the Website.
9.4 To the extent permitted by law, where you believe a Product you have purchased from this
Website does not meet your expectations or the description of the Website, your sole remedy is to
exercise your rights under clauses 10, 11 or 12.
9.5 We may include links providing access to other websites. You acknowledge that we are not
responsible for the accuracy of the information contained in these third party websites and we do
not endorse any features, content, advertising, products or any other materials, and such
information does not form part of our content. You should review any applicable terms and the
privacy policy of a third party website before using that website or providing any information. You
agree and acknowledge that you access and use third party websites entirely at your own risk
9.6 You acknowledge and agree that this Website has been provided to you for personal use. You
agree at all times to access and use the Website in accordance with these Terms and Conditions
(including our Privacy Policy) and all applicable laws. You must not:
(a) copy, collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform,
display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer any content, information and
photographs found on this Website, except expressly authorised by us;
(b) utilise any content you view on or obtain from this Website to provide any commercial service
including any service that is competitive with us;
(c) remove, tamper with, seek to override or otherwise interfere with any security or technological
protection measure forming part of this Website;
(d) remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or
legend appearing on or within this Website;
(e) create a deep-link to this Website for any purpose unless expressly authorised in writing by us;
(f) use manual or automated software, devices, scripts robots, other means or processes to access,
“scrape,” “crawl” or “spider” any web pages contained in this Website, and must not use such
processes to download or access our contact information or any other user of this Website;
(g) engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of this
Website, unless expressly authorised in writing by us;
(h) attempt to or actually access this Website by any means other than through the interfaces
provided by this Website;
(i) remove, cover or otherwise obscure any form of advertisement included on this Website; or
(j) interfere with or disrupt the availability of this Website, including but not limited to any servers or
networks connected with this Website.
10. WARRANTIES
10.1 Nothing in these Terms and Conditions excludes, restricts or modifies the application of any
legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular,
without limiting the foregoing, where you are considered a “consumer” within the meaning of the
ACL, we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect
to our Products and Services.
10.2 If you are a “consumer” under the ACL, the following notice applies to you:
“Our goods come with warranties and guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement or a refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. You are also entitled to have
the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not
amount to a major failure.”
In addition, clause 12 (Returns and Refunds) and clause 10.4 (Product Warranty) (if any) with respect
to certain Products apply in addition to (but may overlap with) any rights and remedies you may
have under the Consumer Guarantees as a consumer.
10.3 If you are not a “consumer” under the ACL, to the extent permitted by law, the rights under
clause 12 (Returns and Refunds) and clause 10.4 (Product Warranty) (if any) are your sole remedies
with respect to such subject matter.
10.4 Subject to this clause 10, we may offer a product warranty on certain Products in addition to
the Consumer Guarantees. Where available, the product warranty will be granted on the terms and
conditions of the relevant warranty card attached to the Products. You acknowledge and agree that
not all Products carry a product warranty.
10.5 Subject to this clause 10, and to the extent permitted by law, all representations, warranties,
guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms
and Conditions in connection with any goods or services supplied by us or otherwise relating to the
performance of our obligations under these Terms and Conditions are excluded.
11. LIMITATIONS OF LIABILITY
11.1 Where by law we are unable to exclude terms, guarantees, warranties, representations or
conditions but are able to limit them, to the extent permissible by law we limit our liability for any
breach (including for any Consumer Guarantees), at our option, to the repair or replacement of
Products, or payment of the cost of repairing or replacing the Products, or a refund of the Price paid
for the Products.
11.2 We will not be liable for any special, indirect or consequential loss or damage (unless such loss
or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with
the Products or these Terms and Conditions, whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.
11.3 To the extent permitted by law, our total liability arising out of or in connection with the
Products or these Terms and Conditions, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the total Price paid by you for the
purchase of Products under these Terms and Conditions.
12. RETURNS AND REFUNDS
12.1 We offer store credits as refunds for certain Products in accordance with our Returns Policy,
available at www.theknowskin.com.au/customer-service. Our Returns Policy sets out our policies
and procedures in relation to “change of mind” purchases of certain of our Products ordered by you.
12.2 You must follow the instructions set out in our Returns Policy to return a Product for a refund in
the form of a store credit. All Products must be returned to us in the same condition as when they
were delivered. Subject to clauses 10 and 11, we will not accept “change of mind” returns of:
(a) any Products that have been altered or customised (including with respect to their packaging
and/or labels displayed on such Products);
(b) any Product that has been opened or used; and
(c) any Products on sale, as advertised on our Website.
12.3 If you are entitled to a store credit as a refund under our Returns Policy, we will only give you
the store credit once we have received the Product and inspected it and assessed whether it is
eligible for a refund under these Terms and Conditions. Any store credit we make will be valid for
thirty (30) days and may only be used for purchases via the Website.
13. GENERAL
13.1 These Terms and Conditions are governed by the laws of Queensland, Australia. The parties
each agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
13.2 We may change any provision in these Terms and Conditions without notice. Any updated
Terms and Conditions will be published on the Website and will only apply to orders submitted after
the updated Terms and Conditions are published.
13.3 You must not assign any rights and obligations under these Terms and Conditions whether in
whole or in part without our prior written consent.
13.4 Any notice in connection with these Terms and Conditions will be deemed to have been duly
given when made in writing and delivered or sent by email or post to the party to whom such notice
is intended to be given or to such other address or email address as may from time to time be
notified in writing to the other party.
13.5 If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms
and Conditions Sale take effect (where possible) as if they did not include that provision.
13.6 Any failure by a party to insist upon strict performance by the other of any provision in these
Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to
the provision.
13.7 If a dispute arises under these Terms and Conditions, neither of you and us may bring court
action against the other (other than proceedings seeking urgent interlocutory relief) without first
attempting to resolve the dispute by negotiation for a period of at least 14 days.
14. SPECIFIC PROMOTIONS & OFFERS
14.1 Promotions or discounts are non-transferable and cannot be used on any previous purchases.
Discounts are not valid on sale items, new products, gift cards, services, other promotions or
charitable items.
14.2 To redeem promotion codes, the code must be applied at the cart or checkout stage of your
order. Promotion codes cannot be added to completed orders and no refund or bonus products will
be offered if promotion code was not applied correctly. Promotion codes are redeemable one time
per customer only. The Know Skin reserves the right to amend or withdraw any promotion code
offers and these terms and conditions at any time.
14.3 From time to time promotions will require information from the customer to qualify. By
submitting this information, the customer agrees to marketing communications which include but
are not limited to SMS and/or email.
14.4 Please note offer periods are subject to product availability and will terminate early if stocks
run out. Timing of all offers and discounts are displayed in AEST unless sold out prior.
If you need to contact us for any reason, please do so using the contact form on our Website at
www.theknowskin.com.au/contact or phone +614 9816 5000