Totally Derma Australia / Skin + Wax Clinic Exclusive Australian Reseller
Terms & Conditions
These terms and conditions were last updated on 14th February 2022
These Terms and Conditions govern your use of the Totally Derma website (Site) and your relationship with us.
Please read them carefully as they affect your rights and liabilities under the AUS law. If you do not agree to these Terms and Conditions, please do not register for or use the Site. Please note that to use any of the services provided on the Site, you are required to register as an authorised user on the Site.
1.) Use of the Site:
- The Site is provided to you free of charge for your personal use subject to these Terms and Conditions.
- By using the Site you agree to be bound by these Terms and Conditions.
- These Terms and Conditions govern your use of the Site.
- All orders and purchases made on the Site will also be governed by the Product Terms.
- These Terms and Conditions do not affect your statutory rights.
2.) Amendments:
- We may update these Terms and Conditions from time to time, the changes will apply to the use of the Site. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
3.) Registration:
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provided when registering by updating your personal details either by the website or calling Customer Services.
4.) Password and Security:
- When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, you should notify us by contacting Customer Services (see below for contact details) immediately.
- If Totally Derma Australia has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or force a password change on your account or we may suspend your account in accordance with paragraph 9 below.
5.) Intellectual Property:
- The content of the Site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Totally Derma Australia.
6.) Limitations:
- You may not use the Site for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
- Gaining unauthorised access to other computer systems
- Interfering with any other person’s use or enjoyment of the Site
- Breaching any laws concerning the use of public telecommunications networks
- Interfering or disrupting networks or web sites connected to the Site
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
- Totally Derma Australia reserves the right to refuse to post material on the Site or to remove material already posted on the Site.
- You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- Any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- Any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
- Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
7.) Site Availability:
- Although Totally Derma Australia (totallyderma.com.au) aims to offer you the best service possible, Totally Derma Australia (totallyderma.com.au) makes no promise that the services at the Site will meet your requirements. Totally Derma Australia (totallyderma.com.au) cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services Team and we will attempt to correct the fault as soon as we reasonably can.
- Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Totallyderma.com.au will attempt to restore the service as soon as it reasonably can.
8.) Totally Derma Australia Rights of Suspension/Cancellation:
- Totally Derma Australia may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
- You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Site.
- The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s rights or liabilities.
- All parts of these Terms and Conditions shall survive cancellation.
9.) Totally Derma Australia Liability:
- The Site is provided by Totally Derma Australia (totallyderma.com.au) without any warranties or guarantees. You must bear the risks associated with the use of the Internet.
- The Site provides content from other Internet sites or resources and while totallyderma.com.au tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Totally Derma Australia (totallyderma.com.au) will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. If Totally Derma Australia (totallyderma.com.au) is informed of any inaccuracies in the material on the Site, we will attempt to correct the inaccuracies as soon as we reasonably can.
- In particular, we disclaim all liabilities in connection with the following:
- Incompatibility of the Site with any of your equipment, software or telecommunications links
- Technical problems including errors or interruptions of the Site
- Unsuitability, unreliability or inaccuracy of the Site and its content
- Inadequacy of the Site to meet your requirements
- To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
- Nothing in paragraph 9 applies to Totally Derma Australia – Totally Derma.com.au’s liability in respect of products sold through this Site.
- Our acceptance of an order takes place at the time you place the order, at which point the purchase contract will be made and you will be charged for your order.
10.) Privacy:
- Any information submitted by you on the Site is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.
11.) Third Party Websites:
- As a convenience to totallyderma.com.au customers, the Site may include links to other web sites or material, which are beyond its control. Totallyderma.com.au is not responsible for content on the Internet or World Wide Web pages.
- You may be able to link to third party Websites, services or resources on the Internet from the Site, and third party Websites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
12.) Applicable Law:
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and any disputes will be decided only by the AUS courts.
13.) International Use
- Totally Derma Australia makes no promise that materials on the Site are appropriate or available for use in locations outside Australia, and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Australia, you do so on your own initiative and are responsible for compliance with local and National laws.
14.) Expiry Date on Payment Card:
- Please ensure that the expiry date of your payment card is after the day that you place your order. Payment is taken at the point of ordering the goods and in the event that the payment card has expired we will be unable to take payment and fulfil your order.
15.) Miscellaneous:
- You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
- If you breach these Terms and Conditions and Totally Derma Australia-totallyderma.com.au ignores this, Totally Derma Australia.
- (Totallyderma.com.au) will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
- Totally Derma Australia (totallyderma.com.au) shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
- A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and any disputes will be decided only by the AUS courts.
- If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
- The Site is owned and operated by Totally Derma Australia a company registered in Australia whose registered office is at 12 Bideford Street Hervey Bay 4655
- If you have any queries, please contact us. These are also the contact details for our Complaints Handling.
Totally Derma Australia – Product Terms & Conditions
Please read these product terms and conditions carefully as they affect your rights and liabilities under the law and set out the terms under which Totally Derma Australia makes the products available to you (“Product Terms”).
1) Acceptance
- The purchase contract is made on ordering and paying for the goods and delivery. You will be charged for the goods and if applicable, delivery when you place your order. There will be no contract of any kind between you and us until you have purchased the goods. Up until payment, we may decline to supply the goods to you without giving any reason. At the moment the goods and delivery are paid for (and not before), a contract will be made between you and Totally Derma Australia.
2) Prices
- All prices except where indicated are inclusive of GST (at the prevailing rate at time of order acceptance) and inclusive of packing and carriage charges within Australia. We reserve the right to alter prices without notification.
- Online Beauty and Skincare Companies
Online Beauty and Skincare Companies have a duty to honour the product price point established by Totally Derma Australia. Failure to comply could result in account termination.
3) Payment
- You can pay by any major credit/debit card, Visa, MasterCard. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
- Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
- We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection. We suggest that you update to your browser’s latest version in order to maintain security.
- For Distributors: Payment to be made in full at time of shipping. All orders will only be accepted together with payment made by credit card. Failure to meet this will result in further orders not being accepted.
- For those clients with an account, payment must be made within 14 days of statement. Failure to meet this will result in further orders not being accepted.
- The buyer will also pay any collection costs, including reasonable legal fees to recover the outstanding balance.
5)Title of Goods (Distributors)
Title of goods shall be retained by the Seller until payment in full of the price and until such payment the Buyer shall hold the goods and all items incorporating the goods in a fiduciary capacity for the Seller.
In the event of any sales of the goods by the Purchaser prior to payment in full of the price, the Buyer shall hold the proceeds of the sale in the fiduciary capacity for the Seller and such proceeds of the sales shall be placed in an account of the Buyer in such a way as to be identifiable as the property of the Seller. In the event of non-payment by the Buyer by the due date, the seller shall be entitled to, in addition to all other rights to enter any premises where the goods may be and recover possession of them. Notwithstanding the foregoing provisions the goods shall in all respect be at the risk of the Buyer as regards loss or damage from any cause whatsoever as from the time of delivery of the goods to the buyer or to a carrier on behalf of the Buyer. The Buyer shall insure the goods accordingly.
6) Availability
- If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you; we will offer you the choice of holding the order until the products arrive, or a full refund.
7) Delivery
- Delivery will be made to the name and address specified by you on the completed order form. We will not be liable non-receipt of goods incorrectly or incompletely addressed.
- Parcels are dispatched to you by Australia Post.
- For detailed delivery information please visit our Delivery Terms.
- We will not be liable to you if Australia Post fail to deliver your purchased goods whether in part or in full due to circumstances beyond our control.
10)Damaged goods/short delivery
All goods must be checked at time of delivery and any accompanying delivery note amended accordingly. Furthermore, we must be notified in writing within three days to ensure that claims may be accepted.
11)Non Delivery
Should goods not be received we must be notified within 7 days of the anticipated delivery date so that the appropriate action may be taken on your behalf. Failure to do so will result in replacement goods/credit/refunds not being issued.
12) Returns of Items:
In the event of the Purchaser not being entirely satisfied with their purchase, the following conditions apply:
– Firstly, contact Totally Derma Australia advising the problem – A valid reason why the goods are to be returned must be made. When accepted, obtain a returns number and include this on all returning documents/packages.
– The letter/package to be clearly addressed to Totally Derma Australia. The returned goods must be received no later than 14 days from the date of delivery.
– We may charge the Purchaser a restocking or recycling charge. This will be 15% of the invoice value.
– All the items that the Purchaser is returning are to be in their original packing and be unopened and must be accompanied with a copy of the original invoice.
We may not accept goods:
- Which have been damaged because of improper handling or abuse, and/or
- which have partly been opened, partly used, or from which the seals or labels have been removed or tampered with.
- which have an expiry date of less than 12 months.
Should the Purchaser fail to observe any of the above points this will result in credit/refund not being issued. All goods are returned at Purchaser’s responsibility, unless incorrect goods selection and shipping was made by Totally Derma Australia. We suggest that both certificates of postage and adequate insurance are sought. We accept no responsibility for goods lost during return transit.
13) Cancellation and Changes
- We endeavour to meet Purchaser individual requirements but we shall be under no obligation to accept cancellations or amendments to any order or any part of an order. Where such cancellations or amendments are accepted it is on the understanding that a cancellation or amendment charge may be levied.
14) Specification/Description/Price of Goods
We reserve the right to alter any specification including the price of any given product and to withdraw any item without explanation or notification.
15) Guarantee
- All items are covered by manufacturers’ guarantees, and should they be defective we shall at our discretion replace any item purchased through ourselves. Notification must be given prior to returning goods which must be suitably packaged for return to us.
16) Force majeure
If we are hindered or prevented from performing any contract owing to any cause beyond our reasonable control or by our inability to produce products, we may at our sole option delay the performance of or cancel the whole or any part of the contract and we shall not be held responsible for such delay or cancellation or any inability to delivery.
17)Risk
Risk shall pass to the Purchaser from the date of delivery of the goods.
18) General
- These Product Terms shall be governed by and construed in accordance with the laws of Australia and any disputes will be decided only by the AUS courts.
- If any of these Product Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Product Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
- Totally Derma Australia do not have any monthly or open-ended contracts or subscriptions between you (the customer) and us (the company)
19) Customer Services:
- If you have an order query, please use our contact page you may also use these details for any Complaint Handling.
20) Complaint Handling:
- If you have a complaint you can contact us in the first instance either by phone or email.
21) Registered Address:
12 Bideford Street Hervey Bay 4655
22) Trading Address:
12 Bideford Street Hervey Bay 4655
