Terms & Conditions
1.1 These Terms and Conditions govern the Users (‘you’ or ‘your’) use of the website www.esseskincare.com/en-au (“the Site”) and your relationship with Sontuli Pty Ltd ("we", "us" or "our") who operate the Site on behalf of Esse Skincare (who owns the Site) and provides the services available on the website. Sontuli Pty Ltd is Esse Skincare’s authorised distributor in Australia and reseller of the products on sale on the website and from whom you are purchasing these products.
By accessing or using the Site, you are acknowledging that you have read, understood and agree to be bound by these Terms and Conditions, noting however that nothing in these Terms and Conditions may limit statutory rights which you have under Australian Consumer Laws.
1.2 If you have any questions regarding the website or these terms and conditions, you can contact us at:
Esse Skincare - distributed by Sontuli Pty Ltd
57 St Andrews Dr, Heatherton, Vic, 3202, Australia
Tel : 0467 226 056
ABN 28 524 590 856
1.3 These Terms and Conditions apply from 01 April 2018
2.1. These terms and conditions are a formal agreement between us and apply to your use of our Site including the sale of retail goods to you. You must read and accept all the terms and conditions contained in this agreement prior to buying goods from us and by placing an order with us you will be deemed to have done so.
- Order acceptance
3.1 All orders placed by you are subject to our acceptance. We reserve the right at all times and in our sole discretion to refuse to accept an order for any reason and without liability to you.
3.2 Orders may only be placed by individual customers purchasing goods other than for resale. Wholesale customers or professional skincare practitioners should contact us directly at the above address, or through the “Contact Us” facility on the Site before placing an order.
3.3 After you have placed the order with us, we will send you an order acknowledgement by email with your order number and details of the product you have ordered. This email is only an acknowledgement of receipt and is not an acceptance of your order. The acceptance of your order and a contract of sale between us will not take place until you have been advised the goods you have ordered are available and these goods have been paid for in full including any applicable charges. No payment shall be considered to have been received until we have received payment in cleared funds.
- Order placement
4.1 You may browse our website without registering but when you place your first order you will need to register with us and complete certain fields on our order form.
4.2 You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorised use of your username and password. Without prejudice to our rights, we may suspend your access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website.
4.3 Before you submit your order you will be given the opportunity to review your selection, check the total price of your order and correct any errors. Your order represents an offer by you to purchase items selected by you.
4.4 If items shown on our website are not available or are incorrectly priced or incorrectly described, we shall not be obliged to sell you the items as shown.
4.5 We reserve the right to change at any time and without any previous notice the items offered on our website.
4.6 It is vitally important that you check carefully the quantity of goods that you order from us. We will deliver what you order. Whilst you have a right of cancellation and return (terms and conditions apply) you must pay for the delivery costs back to us.
4.7. Any date cut-off applied to events, including but not limited to sales and marketing promotions, on the Site will terminate at 11:59pm on the final day of the event according to AEST or AEDT depending on the time of year.
- Descriptions and product information
5.1 We have made every effort to represent the colours of our products and its packaging as accurately as possible. However, due to differences in viewing screens and monitors we are unable to guarantee that the colour you see on your monitor will reflect the true colour of the product and its packaging. If you have any questions about the product you may of course contact us (see "Contact Us" on the Site).
5.2 Esse Skincare warrants that the goods that you buy will at the time of delivery to you correspond to the description given by Esse Skincare. Every description or specification of the Products we sell is given in good faith.
5.6 You warrant that except with the advice of a qualified medical adviser or health professional you will not purchase any product from us for use by a person (including yourself) who has previously suffered or experienced any reaction or intolerance to any product placed upon the skin. Please refer to the detailed ingredient listings provided for each product on this Site before making your purchase decision. If you are unsure, please seek guidance from a suitably qualified healthcare professional.
6.1 All prices on the website are quoted in Australian Dollars. They include GST payable but exclude delivery charges, which are detailed separately.
6.2 We may change the prices on the website at any time and without any notice.
6.3 We try to ensure that all prices quoted on the site are correct. However, despite our best efforts, mistakes can sometimes occur. If we have quoted an incorrect price on the site and if the correct price is lower than that quoted, we will automatically assume that you wish to continue with your order. However if the correct price is higher than that originally quoted, we will contact you to ask if you still want to order the goods.
- Payment terms
7.1. We accept Visa, Mastercard, Amex/JCB and PayPal as methods of payment
7.2. You confirm that the credit card/debit card or PayPal account that is being used is yours or that you are authorised to use it. All credit /debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non delivery. Furthermore, we are not obliged to inform you of the reason for the refusal. You should note that your bank or card issuer may charge you as a result of our processing your credit /debit card payment in accordance with your order. The Site has no responsibility for such charges.
8.1 We will process all orders within 1-2 working days, based on the public holiday calendar for Victoria. Where there is a delay in the supply of goods, we will advise you as soon as practicable. If the goods cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
8.2. Orders will be sent to the delivery address that you have submitted on your order form. We cannot be held responsible if that delivery address is incorrect.
8.3 Please note that while we prefer to deliver to physical addresses, we can also deliver to PO Boxes. In the case of a PO Box address being used, it is the order recipient's responsibility to ensure collection of goods where applicable.
8.4 Please note that we can only deliver to addresses within Australia. Enquiries regarding deliveries to other countries can be directed to firstname.lastname@example.org
8.5 We will arrange delivery of goods through third party parcel delivery services. Any delivery time scales quoted are indicative only. Whilst we utilise the services of professional and reputable delivery companies, we do not accept any liability for delayed delivery caused by any third party.
8.6. Goods are despatched from Melbourne. As a guideline, from the time of despatch goods should generally be delivered within 1-5 days to state capital cities. Regional areas typically take longer. Seasonal fluctuations may apply, particularly approaching Christmas.
8.7. Consignment tracking is available at no additional cost
9.1 Delivery is free for all orders of $100 or greater (incl GST)
9.2 Orders under $100 (incl GST) will be charged a delivery fee of $15 (incl GST)
9.3. We reserve the right to amend or cancel entirely the terms of the free delivery arrangement at any time
10. Returns and exchanges policy
10.1 We hope you will be totally satisfied with anything you buy from our website. If, for any reason you are unhappy with your purchase, you can return it unopened, unused and undamaged within 30 days of the date of despatch. The date the items were despatched to you by us will be detailed in the documentation with your order. Please ensure that all items are returned in their original packaging, undamaged and with their labels intact.
10.2 You must inspect all goods delivered to you immediately on receipt and in any event within three days of delivery.
10.3 You must within three days of delivery notify us of any alleged defect, shortage or other shortcoming in the goods which shall otherwise be deemed to have been delivered in accordance with your order. You may be required to provide photographic evidence in order to help us assess the matter.
10.4 If you properly reject any goods which are not in accordance with the agreement between us you must nevertheless return the goods to us post-paid
10.5 Following assessment, we will replace the goods which we agree are defective or missing. You may otherwise exchange the item for something else, subject to stock availability, or receive a full refund of the price paid (excluding any delivery charges).
10.6 The refund can only be made to the card / account used when paying for the order. We will email you when the item has been received and will inform you when the credit has been processed to your card account. This is normally within 14 days of receipt of the goods. No refunds will be processed before goods have been delivered back to us.
10.7 If you wish to exchange an item, you will have to pay any difference in cost of the item and any additional delivery cost. We will tell you what this is so you can arrange payment.
- Returns procedure
11.1 When returning goods, please include your order number, full name and reason for return.
11.2 Please ensure the goods are packed securely, safely and in their original packaging to avoid damage in transit back to us. Please note we cannot accept an item for refund if it has been damaged in transit to us. We advise you to utilise a delivery service which includes tracking of parcels.
Please return your parcel to: Esse Skincare, c/o Sontuli Pty Ltd, 57 St Andrews Drive, Heatherton, Vic, 3202
Please note that items damaged after receipt or used items will not be exchanged, nor will a refund be made.
11.3 If returning items in an order where the initial order qualified for a free gift the free gift must be returned in an unused condition too. Any items returned without the qualifying free gift will not be refunded.
- Title, risk and limitation of liability
13.1 Title of the products will be transferred to you on delivery.
13.2 Once a product has been received by you, all risk of damage to or loss of the items bought by you will pass to you.
13.3 To the full extent allowed by law you accept and agree that we shall not be liable to you or to any other person for any loss or damage (including consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirect howsoever caused and arising out of your use of our website and from any product you use.
13.4 Nothing in these Terms, shall limit or exclude our liability for personal injury or death caused by our negligence
13.5 We will not be responsible or liable for any failure to perform our obligations that is as a result of anything we cannot reasonably control.
13.6 While we try to ensure a safe Site environment, you must take your own security precautions to ensure you are adequately protected against exposure to computer viruses, malicious code or similar occurrences when accessing the Site.
- Trademarks, copyright, intellectual property
The Esse trade marks remain the exclusive property of Esse and its affiliates and as such are protected by international and local copyright and other intellectual property laws.
- Linked Websites
The Site may contain links to other websites. These links are provided for convenience only. We cannot warrant that linked websites are current, maintained or secure and we are not responsible for the content or privacy practices of any of these websites. Any links to other websites do not necessarily endorse, condone or recommend any of the owners or operators of these websites.