TERMS & CONDITIONS - TERMS OF SALE

These terms and conditions (‘Terms of Sale’) govern all aspects of the business relationship and transaction between Thee® Australia Pty Ltd ACN 610956717 (“Thee® Cream”) and our direct sale retail customers.

1. DEFINITIONS
IN THIS AGREEMENT:

“Affiliated Clinics and Professionals” means a specialist and registered clinic being a business or practice of a qualified professional(s) such as a dermatologist, plastic surgeon or cosmetic physician, who stock Thee Cream Goods.

“Carrier” means any person or business contracted by Thee Cream to carry and deliver Goods from us to You, whether all or part of the distance. This will usually be Australia Post.

“Content” means information in any form published on our Website by us or any third party with our consent.

“Goods” means any of the Thee® Cream products in the catalogues we offer for sale on our Website.

“Order” refers to an order for Goods by You either by using our online order system or our non-online ordering process by telephone, facsimile or email.

“Thee® Cream”, “we”, “us” and “our” means a product made by Thee® Australia Pty Ltd ACN 610956717 (“Thee® Cream”) P.O Box 250 Vaucluse 2030.

“Website” means the entire computing hardware and software installation that is or supports our Website at www.theecream.com.au, including but not limited to, our online product catalogue, ordering and payment systems.

“You” or “Your” means a visitor to our Website and/or a retail customer who is a patient of an Affiliated Clinic and Professional seeking to purchase Goods specified herein.

2. INTRODUCTION

2.1 By using our website in any way, or by buying directly from us, You agree to be bound by these terms of sale. No person under the age of 18 or 21 years (as applicable in Your jurisdiction) may purchase goods without parental or guardian consent. We look forward to seeing You again when You are over 18 or 21 years of age (as applicable).
2.2 By making a purchase from our website You represent to us that You have read, understood and accept that You will be bound by these terms of sale.
2.3 Your purchase contract with Thee® Cream is binding when we accept Your order.
2.4 We strongly advise that you seek legal advice in the jurisdiction You reside should You require assistance with or explanation of any of these terms of sale.

3. CONSULTATION WARRANTY AND INDEMNITY TO THEE CREAM

You acknowledge and warrant to Thee® Cream, as applicable, the following:
3.1 When you make an order you provide us with certain information, which is your ongoing responsibility to be correct and updated as necessary. We rely on this information being true, correct and not misleading. If the information is untrue, incorrect or misleading in any way, we will not accept and/or cancel Your Order and exclude You from being able to make any further Order purchases for Goods.
3.2 By submitting an Order, You authorise us to make such enquiries as we consider necessary in our discretion to verify and validate the personal information and Referrer details provided by You with our Affiliated Clinics and Professionals before we accept Your Order.

4. ONLINE ORDER PURCHASES

4.1 These terms of sale apply:
a) so far as the context allows, to You as a visitor to our website; and
b) in any event to You as a purchaser or prospective purchaser of our goods.
4.2 Goods advertised on our website may not be available.
4.3 Each order is subject to acceptance by Thee® Cream and may be accepted in whole or in part or declined. We shall accept Your order by email confirmation. Our message will also confirm details of Your purchase and tell You when we shall dispatch Your order.
4.4 Upon this acceptance by us of Your order is when Your binding purchase contract is made with Thee Cream on these terms of sale.
4.5 An online purchase by You from our website will not be accepted by us until the full invoice price on an order, including any delivery charges and any other applicable charges nominated by You, have been paid in full.
4.6 We reserve the right to limit the maximum price, download and weight of online purchases at its absolute discretion from time to time. You will be notified if the maximum limit is reached by us at the time of Your order or acceptance message from us.
4.7 We may change these terms of sale, at our absolute discretion, from time to time. The terms that apply to You are those posted on our website on the day You order the goods.
4.8 All descriptions, weights and sizes of goods are those of the original manufacture of the goods and You may not rely on their accuracy. Accordingly, any such description shall not form part of this agreement.
4.9 If we do not have the goods You order in stock, we will offer You alternatives before we dispatch Your order. If this happens You may:
a) accept the alternatives we offer;
b) cancel Your order; and
c) leave the order valid, but tell us to omit the out of stock item.
4.10 If we owe You money (for this or any other reason), we will credit Your
credit or debit card as soon as reasonably practicable but in any event no
later than 30 days from the date of Your order.
4.11 Goods are at Your risk from the moment they are picked up by the
carrier from our warehouse for delivery to You.

5. PRICE AND PAYMENT

5.1 All prices quoted on our website are in Australian Dollars (AUD) and are inclusive of 10% goods and services tax (GST) unless You are an international customer.
5.2 You must pay us the full price of Your order before we will send any part of it.
5.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollars will be borne by You.
5.4 You will pay all sums due to us under these terms of sale by the means specified without any set off, deduction or counterclaim.

6. INFORMATION YOU GIVE US

6.1 You agree that You have provided, and will continue to provide accurate, up to date, and complete information about Your contact and address details. We need this information to provide and deliver to You the goods.
6.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by You, provided You contact us within 7 days of Your receipt of goods from us.

7. DELIVERY

7.1 Deliveries will be made to You by the carrier to the address stipulated in Your order. You must ensure that someone is present to accept delivery otherwise You may be subject to an additional charge.
7.2 If the carrier or we are not able to deliver Your goods within 14 days of the date of Your order, we shall notify You by email to arrange another date for delivery.
7.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
7.4 Unless You otherwise request in writing at the time of placing Your order, we shall deliver the goods at the address nominated in Your order.

8. TAXES, DUTIES AND IMPORT RESTRICTIONS

8.1 You are responsible for purchasing goods which You are lawfully able to use or import and for the payment of import duties and taxes of any kind levied in Your country of residence.
8.2 Prices displayed are inclusive of GST unless such tax does not apply to You.

9. GOODS RETURNED

9.1 If you are not completely satisfied with your purchase from us, please return it for an exchange or refund with a completed Returns Form. Please Contact Us for a Returns Form and a Pre-Paid Return label to be emailed to you.
9.2 We regret that we are unable to refund your original shipping charges unless the return was a result of our error. Please ensure that the product(s) being returned are packaged in a well padded envelop or box to prevent damage in transit. You will receive an email confirmation once your package has been received and
processed.
9.3 Returned items will be refunded using the same method used to make payment for the order. Please allow up to 30 days to process the credit to your account. We
will notify you via e-mail once the refund has been completed. Please allow up to 7 business days for your financial institution to reflect this transaction.

10. DISCLAIMERS

10.1 We or our content suppliers may make improvements or changes to our website, the content, or to any of our goods, at any time and without advance notice.
10.2 You are advised that content may include technical inaccuracies or typographical errors.
10.3 We give no warranty and make no representation, express or implied, as to the following:
a) the adequacy or appropriateness of the goods for Your purpose;
b) the truth of any information given on our website;
c) any implied warranty or condition as to merchantability or fitness of the
goods for a particular purpose;
d) compatibility of our website with Your equipment software or
telecommunications connection;
e) compliance with any law; and
f) non-infringement of any right.
10.4 Our website may contain links to other internet websites. We have neither power nor control over any such websites. You acknowledge and agree that we shall not be liable in any way for the information or material of any such linked website(s), nor for any loss or damage arising from Your use of any such website(s).
10.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with Your use of our website or the purchase of goods.
10.6 In any claim against us our liability is limited to the value of the goods You have purchased in the order which is the subject of the dispute.

11. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

11.1 Title, ownership rights, and intellectual property rights in the content whether provided by Thee® Cream or by any other content provider shall remain the sole property of Thee® Cream and/or the other content provider. We will strongly protect such rights in all countries.
11.2 You may not copy, modify, publish, transmit or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.
11.3 You may download or copy the content only for Your own personal use, provided that You maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.

12. SYSTEM SECURITY

12.1 You agree that You will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our website system
installation.
12.2 You agree that You will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintentionally affect any portion of our website, or any software used on our website, and that You will not permit any other person to do so.
12.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
12.4 Examples of violations are:
a) accessing data unlawfully or without consent;
b) attempting to probe, scan or test the vulnerability of our system or
network or to breach security or authentication measures;
c) attempting to interfere with the service to any user, host or network, including, without limitation, via means of “overloading”, “flooding”, “mail bombing” or “crashing”;
d) forging any tcp/ip packet header or any part of the header information in any email or newsgroup posting; and
e) taking any action in order to obtain goods to which You are not entitled.
12.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising out of:
a) any violation of system security as set out above;
b) Your use of our website;
c) any other breach or violation of this agreement by You; and
d) the infringement by You, or by any other user of Your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of Your communications.

13. INDEMNITY

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third-party due to or arising in any way out of Your use of our website, or the infringement by You, or by any other person using Your computer, of any intellectual property or other right of any person.

14. CONTRACTUAL LIMITATION

Here we provide goods without charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such free of charge goods.

15. RIGHTS OF THIRD PARTIES

Nothing in this agreement or on our website shall confer on any third party any benefit whatsoever.

16. SEVERABILITY

If any of these terms of sale is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced from. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

17. NO WAIVER

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

18. DISPUTE RESOLUTION

In the event of a dispute arising out of or in connection with these terms of sale or any agreement between You and us, then You agree to attempt to settle the dispute by engaging in good faith negotiation with us followed by a process of mediation before commencing any other proceedings.

19. FORCE MAJEURE

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees and other unexpected interruptions.

20. GOVERNING LAW

This agreement shall be governed by and construed in accordance with the law of New South Wales, Australia and this agreement shall not be governed by the united nations convention on contracts for the international sale of goods whatsoever, the application of which is hereby expressly excluded.