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Terms & Conditions

1. INTRODUCTION

1.1 These Terms and Conditions govern the Users (‘you’ or ‘your’) use of the  website  www.esseskincare.com.au (“the Site”) and your relationship with Sontuli Pty Ltd (“we”, “us” or “our”)  who operate the Site on behalf of Esse Skincare, the owner of the Esse brand, and provides the services available on the Site. Sontuli Pty Ltd is Esse Skincare’s authorised distributor in Australia and seller of the goods (the Products) on sale on the Site.  

There are some special additional provisions relating to the sale and redemption of Esse gift cards  (“Gift Cards”) which are described below in point 15. Special Provisions for the Sale and Redemption of Gift Cards

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 Site or these terms and conditions, you can contact us at:

Esse Skincare – distributed by Sontuli Pty Ltd, ABN 28 524 590 856

Email: hello@esseskincare.com.au 

Tel : 0467 226 056

1.3. Any litigation, claim, arbitration or other dispute will be dealt with through appropriate mechanisms in the State of Victoria, Australia

1.4 These Terms and Conditions were updated as of November 2020. 

 

2. SCOPE

2.1. These terms and conditions are a formal agreement between you and us and apply to your use of our Site including the sale of Products offered on the Site to you. By using the Site to browse, comment, place an order or buy Products from us, you will be deemed to have read and accepted all the terms and conditions contained in this agreement.  

2.2 Please also review our Privacy Policy, which is listed separately but forms an essential part of these Terms and Conditions and governs your visits to and use of the Site. 

 

3. ORDER PLACEMENT

3.1 You may browse the Site without registering but when you place your order you will need to register with us and complete certain fields on our order form.

3.2 If you have a username and password you should not disclose or transfer these 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 Site without liability to you if in our reasonable opinion such action is necessary to safeguard you or the Site.

3.3 Before you submit your order you will be given the opportunity to review your Product selection, check the total price of your order and correct any errors. Your order represents an offer by you to purchase the Products selected by you.

3.4 We make reasonable efforts to ensure the accuracy of the Products shown on the Site, however if any of these are not available or are incorrectly priced or incorrectly described, we shall not be obliged to sell you the items as shown.

3.5 We reserve the right to change at any time and without any previous notice the Products offered on the Site.

3.6 It is important that you check carefully the quantity of Products that you order from us. We will deliver what you order and pay for. Whilst you have a right of cancellation and return (terms and conditions apply) you must pay for the delivery costs back to us.

3.7. 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.

 

4. ORDER ACCEPTANCE

4.1 All orders placed by you on the Site 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.

4.2 Orders may only be placed by individual customers purchasing Products other than for resale. Wholesale customers or professional skincare practitioners should contact us through the “Contact Us” facility on the Site before placing an order.

4.3 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 Products 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 requires confirmation that goods have been paid for in full with cleared funds received and that all items are available to supply as intended. 

 

5. DESCRIPTIONS AND PRODUCT INFORMATION

5.1 We have made every effort to represent the colours of our Products including 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 Products we welcome you contacting us (see “Contact Us” on the Site).

5.2 Esse Skincare warrants that the Products 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 adverse reaction or intolerance to any product or ingredient 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. PRICES

6.1 All prices on the Site are quoted in Australian Dollars. They include GST payable but exclude delivery charges if applicable, which are detailed separately below.

6.2 We may change the prices on the Site 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 Products.

 

7. PAYMENT METHODS AND TERMS

7.1. All orders must be paid for as part of the ordering  process. 

7.2. We accept Visa, Mastercard, Amex, AfterPay and PayPal as methods of payment (hereafter referred to as ”Payment Method”)

7.3. You confirm that the Payment Method account being used for payment of goods is yours or that you are authorised to use it. Payments may be subject to validation checks and authorisation by the Payment Method provider. If the Payment Method provider refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery. You will need to ascertain the reason for any payment refusal directly with your Payment Method provider. You should note that your Payment Method provider may charge you as a result of our processing your payment in accordance with your order. The Site has no responsibility for such charges.

 

8. DELIVERY

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 14 days of your order, we will notify you of this delay as soon as possible and you may cancel your order or agree an alternate delivery timetable with us.

8.2 While we typically deliver to recognised physical addresses, we can also deliver to other addresses such as PO Boxes and parcel lockers. In any case, the address must be one that Australia Post or our courier service providers are able to deliver to in their normal course of business. In the case of a PO Box, parcel locker or similar address being used, it is the order recipient’s responsibility to ensure the timely collection of goods. 

8.3. The delivery address that you have submitted on your order form will be used for delivery purposes. We cannot be held responsible if that delivery address as provided is incorrect.

8.4 We can only deliver to addresses within Australia. Enquiries regarding product availability in other countries can be directed to info@esseskincare.com

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 highly professional and reputable delivery companies, we do not accept any liability for delayed delivery caused by a third party or circumstances beyond our control.

8.6. Goods are dispatched from Melbourne. As a guideline, from the time of dispatch goods should generally be delivered within 1-5 days to state capital cities, depending on location. Regional areas typically take longer. Fluctuations may apply, particularly approaching Christmas or during major disruptions such as the Covid-19 pandemic.

8.7. Consignment tracking is available at no additional cost.

 

9. DELIVERY CHARGES

9.1 Delivery is free for all orders over $100 (incl GST)

9.2 Orders up to $100 (incl GST) will be charged a delivery fee of $9.90 (incl GST)

9.3. We reserve the right to amend, suspend or cancel the terms of the free delivery arrangement at any time

 

10. RETURNS AND EXCHANGES

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 on the invoice for a full refund or credit of the Product cost. It is important that all items are returned undamaged, unopened and in their original packaging with their labels intact. We recommend photographic evidence of condition. 

10.2 You must inspect all Products delivered to you on receipt, but in any event within three days of delivery to you, as determined by package tracking.

10.3 You must within four days of delivery to you notify us of any 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 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 delivery charges).

10.5 The refund can only be made to the Payment Method 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.  This is normally within 14 days of receipt of the goods. No refunds will be processed before goods have been delivered back to us and inspected.

10.6 If you wish to exchange an ordered item which is unused and in saleable condition, you will have to pay any difference in cost of the item and any additional delivery cost. 

 

11. RETURNS PROCEDURE

 11.1 When returning goods, 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. 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.

The address for returns is : Esse Skincare, c/o Sontuli Pty Ltd, 57 St Andrews Drive, Heatherton, Vic, 3202

11.3 Items damaged after receipt or non-defective used items will not be exchanged, nor will a refund be made.

11.4 If returning items in an order where the initial order qualified for a free gift but would not have done without the returned items,  the free gift must be returned in an unused condition too. In such circumstances, any items returned without the qualifying free gift will not be refunded.

 

12. TITLE, RISK AND LIMITATION OF LIABILITY

12.1 Title of the products will be transferred to you on delivery.

12.2 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.

12.3 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.

12.4 Nothing in these Terms, shall limit or exclude our liability for personal injury or death caused by our negligence

12.5 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.

12.6 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.

 

13. TRADEMARKS, COPYRIGHT, INTELLECTUAL PROPERTY

The Esse trade marks remain the exclusive property of Esse Skincare and its affiliates and as such are protected by international and local copyright and other intellectual property laws.

 

14. 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.

 

15. SPECIAL PROVISIONS FOR THE SALE AND REDEMPTION OF GIFT CARDS

Where a Gift Card is purchased on the Website, the terms and conditions applicable to physical products purchased apply to these and, in addition, the following provisions are applicable specifically to Gift Cards

  1. The Gift Card redemption code should be kept securely. In order to make these as flexible and easy to use as possible, usage is not limited to a particular individual and we accept no responsibility for any unauthorised redemptions of Gift Cards. 
  2. Only Gift Cards purchased from the Website may be redeemed on the Website. 
  3. The Website does not accept gift cards from other issuers
  4. Gift Cards may only be redeemed in exchange for Products sold on the Website, including any applicable delivery fees, and are not redeemable for cash
  5. Where the value of a Gift Card is not exhausted by a purchase made on the Website, any remaining value will remain available for future purchases from the Website, using the same Gift Card code. It may not be redeemed for cash. 
  6. Where a legitimate refund for Products purchased on the Website is approved and full or part-payment for these goods was originally made using a Gift Card, the portion of the value of the refund attributable to the Gift Card will be held as a credit against future purchases