Website Terms & Conditions of Sale
This website https://soultoskinwellness.com/ (Site) is owned and operated by Maxine Davis ABN 19 747 173 535 t/as Soul To Skin Wellness (we, our or us) registered in Australia.
Soul To Skin Wellness allows you to purchase products and services via this Site. The following Website Terms and Conditions of Sale, along with our Website Terms & Conditions of Use https://soultoskinwellness.com/terms-of-use, Privacy Policy https://soultoskinwellness.com/privacy and Disclaimer https://soultoskinwellness.com/disclaimer apply to you accessing and purchasing through our online store and the supply of products and services via this Site.
By purchasing, paying for and/or booking products and services via this Site you acknowledge you have read, understood and agree to be bound by these Website Terms & Conditions of Sale, Website Terms & Conditions of Use, Disclaimer and Privacy Policy.
1. Purchasing Products & Services
a) To purchase products or pay for services offered on this Site, you may:
use the Shop page and online shopping cart, either checking out as a Guest or Registered User (by creating an account)
use the Booking page and system
b) To purchase products and/or pay for services on our Site you must be 18 years of age or older.
c) By making a purchase or payment, you confirm that you are 18 years of age or older and all information you provide is accurate, complete and not misleading.
d) We reserve the right to cancel orders/purchases/payments where you have not dealt with us in good faith, provided inaccurate or incomplete information, are below the minimum age required or have otherwise breached applicable laws. This applies even if a purchase/payment has been confirmed and a credit/debit card, PayPal account or Afterpay account has been charged.
e) If we cancel the order/purchase/payment we will notify you and credit your PayPal account, Afterpay account or credit/debit card for the amount charged, including delivery charges and applicable taxes and duties, at our discretion.
f) No agreement is formed until we process and accept your order/purchase and send you a confirmation.
2. Prices
a) All prices for products and services on our Site are in Australian Dollars (AUD).
b) All prices are subject to change without notice.
c) For any third party links on our Site, please check the currency of that third party’s pricing before purchasing. We make no representation about any third party’s products or services.
3. Payment
a) The full payment for your order/purchase (including the product price and applicable delivery charges) is deducted from your chosen payment method on completion of your order/purchase.
b) We accept payment via PayPal and credit/debit card (via Stripe or PayPal) and do not retain or store credit/debit card details. For orders/purchases including physical products only we also accept payment via Afterpay.
c) PayPal, Stripe and Afterpay have separate terms and conditions that govern third-party payment processing and we are not responsible for the application of third-party payment procession term and conditions.
4. Discounts & Promotional Codes
a) Discounts and promotional codes are valid for the advertised dates and times only and cannot be extended. Discounts cannot be applied to orders placed outside of the advertised promotion times.
b) If a discount code is supplied, this must be applied at checkout to redeem the offer. Discount codes cannot be added after your order has been placed and confirmation received.
c) Promotions do not apply to delivery charges, GST, taxes or duties.
d) Once your order has been placed or purchase/payment made no amendments or cancellations can be made.
5. Store Credit & Exchanges
No exchanges or store credit is available for purchases or payments made for products and/or services.
6. Gift Vouchers
We do not currently offer Gift Vouchers.
7. Postage & Delivery
a) It’s your responsibility to enter the correct delivery address details at the time of ordering/purchasing.
b) If your goods are returned because an incorrect address was provided you will be required to pay shipping and insurance costs to the correct address prior to the release of your item/s.
c) Physical products will be posted within 2 business days of receiving cleared funds. Digital/electronic products are delivered via email immediately after your purchase is completed. Services are delivered on the date/time booked.
d) It’s your responsibility to inform us promptly (within 5 business days for physical products or 2 business days for digital products) if an order/purchase does not arrive/is not received, by emailing hello@soultoskinwellness.com
e) During public holidays, peak or special event periods, delivery times of physical products may be delayed or extended.
f) Postage and delivery of physical products is available to Australian addresses only. No International shipping for physical products is currently available. Digital products are delivered via email both domestically and internationally after your purchase is completed.
g) We use Australia Post for shipping of physical products to Australian addresses and tracking/reference numbers are included for these orders/purchases.
h) For physical product orders, please allow up to 10 business days after despatch for delivery Australia wide depending on your location.
i) There is an option during the online checkout process to have your physical product order delivered to a shipping address that is different to your billing address.
8. Events Beyond Control
a) You acknowledge and agree that we are excused from supplying our products, services, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control.
b) We will endeavour to notify you of any delay and its expected duration.
c) If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order/purchase and issue you a credit in the amount paid for the order/purchase without further liability to you.
9. Advice & Information Disclaimer
a) The Content on our Site is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
We do not accept liability for any loss or damages caused by this Site, or any website linked to this Site.
b) Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
c) Affiliate Links: We may receive incentives from affiliate links. When we post affiliate links on Our Site, we will make a note of this on the relevant page.
d) You should seek appropriate professional medical or psychological advice suitable for your personal circumstances if necessary. We are not a medical doctor or registered health practitioner and do not provide a regulated health service. You should also consult with your doctor or health care professional before acting on recommendations or suggested changes to your lifestyle or health care. If at any time you experience an adverse health reaction, please seek professional medical attention immediately.
10. Australian Consumer Law
Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law.
a) You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
b) You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
c) You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
d) To the extent legally permitted, under no circumstances are we to be held liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages.
e) This exclusion and waiver of liability apply to all legal causes of action, including but not limited to contract, warranty, or negligence.
f) Where we refund you the amount of your purchase or payment as provided in your agreement with us (less any amount you have agreed we may deduct, as described in these terms and conditions) you agree such refund is the total amount of our liability to you for all circumstances relating to the refund.
g) If for any reason you are not a consumer for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.
11. Refunds
There is no refund available for change of mind after an order/purchase has been processed at any time.
Defective or Faulty Items - Physical Products
A refund may be offered if ordered/purchased items are defective or faulty under the following conditions:
a) You must notify Soul To Skin Wellness immediately upon noticing any defects or faults and within 7 days of receiving the order/product/s together with your name, order number, details of the defects or faults and a photo/photos.
b) Upon receiving a request for refund of item/s, a return address for the item/s will be provided and a pre-paid eParcel return slip will be sent to you via email or post. This slip is to be added to the parcel and returned to the Soul To Skin Wellness address provided for processing.
c) Returned item/s will be examined for faults or defects and you will receive a notification from us about whether we agree the item/s are faulty or defective within 48 hours of the receipt of item/s by us.
d) If deemed faulty by us, a replacement item/items will be shipped (subject to stock availability) or a refund will be issued.
e) Soul To Skin Wellness will not be responsible if your return is lost in transit when returned to us. Therefore, we recommend you send all returns by traceable/registered post.
f) Returns will be processed within 10 business days from the day the return arrives at our office.
Services & Digital Products
g) Refunds will only be granted in accordance with our obligations under Australian Consumer Law.
12. Intellectual Property
Unless otherwise indicated, the Content on this Site is owned or licenced by Soul To Skin Wellness, including all rights, title and interest (including intellectual property rights). Using our Site and use of and/or access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. Our Site and all Content (including, but not limited to: designs, text, logos, images, audios, graphics, services and products) is protected by Australian and International copyright laws.
You must not:
a) copy or use, in whole or in part, any Content;
b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
13. Dispute Resolution
a) In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution.
b) Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.
c) All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged.
d) If the parties do not resolve the Dispute, or agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
14. Termination
These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
15. Jurisdiction and Applicable Law
Your use of our Site and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas and we make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for fully complying with these Terms, Australian laws and laws of the jurisdiction where you access our Site.
16. Entire Agreement
These Terms together with the Website Terms and Conditions, Privacy Policy and Disclaimer set out the entire agreement between you and us and supersede all prior communications.
Alterations
a) We may alter these Terms from time to time by posting the altered version on our website.
b) You should visit the website regularly to keep up to date with any alterations.
c) In the case of an alteration, the altered Terms only apply to products and services purchased via the website after the alteration takes effect.
For any questions please contact:
email hello@soultoskinwellness.com or via this contact form https://soultoskinwellness.com/connect
Maxine Davis ABN 19 747 173 535 t/as Soul To Skin Wellness, Queensland, Australia