Terms of service
OVERVIEW
This website is operated by SheenSkin. Throughout the site, the terms “we”, “us” and “our” refer to SheenSkin. SheenSkin offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - 30 DAY MONEY BACK GUARANTEE:
At SheenSkin, we pride ourselves on the quality of our products. However, if you're not completely satisfied, we offer a full 30-Day Money Back Guarantee. To avail of this:
- Ensure you've properly used Sapphire as per the included instructions.
- If not satisfied within 30 days of receiving the product, email us at care@sheenskin.au.
- Our support team will provide a return address.
- Once the product is returned, we'll process your refund immediately & you'll receive the full amount you paid back into your account within 1-4 business days.
For any queries or to initiate a return, contact us at care@sheenskin.au.
SECTION 4 - RETURNS & REFUNDS POLICY
We are committed to ensuring our customers are satisfied with their purchase. If you're not happy with your product, you are entitled to either a replacement or a full refund, at your discretion.
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Contact Us: Reach out to us at care@sheenskin.au detailing your concerns. If relevant, include photos to help us understand the issue.
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Replacement or Refund: Based on your preference, we will either provide instructions for returning the product for a replacement or process your refund. Refunds may take 1-2 business days to reflect in your account.
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Initiating the Process: To begin the return or refund process, or for any other inquiries, email us at care@sheenskin.au. Our dedicated customer support team will assist you promptly.
SECTION 5 - SHIPPING AND DELIVERY
Usual Fulfilment and Delivery Times: Under normal circumstances, our order fulfilment times are either same day, or within 1 business day from the time an order is placed.
Once your order has been processed and dispatched:
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Metro Australian Deliveries: Customers in metro areas can expect their orders to be delivered within 3-5 business days after fulfilment.
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Regional Australian Deliveries: For our customers located in regional areas, deliveries typically arrive within 4-5 business days after fulfilment.
Please note that these are estimated delivery times and can vary based on external factors beyond our control. We always aim to ensure that your products reach you as quickly as possible and appreciate your understanding.
Order Handling and Delays: Due to unprecedented demand for our products, there may occasionally be a delay in the processing and handling of orders. While we always strive to dispatch orders as swiftly as possible, please be aware that in certain circumstances, order processing may take 5-7 business days. In the event of any such delay, we are committed to maintaining transparent and timely communication with our customers. We understand the importance of prompt delivery and assure you that we will make every effort to expedite your order. However, we kindly ask for your patience and understanding during these peak periods. Rest assured, our team is dedicated to ensuring that no customer is left in the dark regarding the status of their order.
SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 8 - PRODUCTS
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy:
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
All SheenSkin products are intended for our customers personal use only. By purchasing, and then using our products, customers explicitly acknowledge and agree that they are then using the products at their own risk and are responsible for any and all consequences that may result from their personal use of our products.
SheenSkin is not liable for any injuries, illnesses, damages, or other losses that may occur as a result of using our products. We do not guarantee that our products will be suitable for you, and we strongly recommend that all customers read and follow all provided instructions and warnings with the products published on our website.
By both purchasing, and using our products, all customers acknowledge and agree that they are responsible for all risks associated with their use. All customers explicitly agree to hold SheenSkin harmless from any liability that may arise from the use of our products.
We do not guarantee, represent or warrant that your use of our products will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our products will be accurate or reliable.
You agree that from time to time we may remove our products for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use our products is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SheenSkin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or SheenSkin's products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Limitation of Liability
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General Limitation: To the maximum extent permitted by applicable law, in no event shall SheenSkin, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the products sold on this website.
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Personal Injury: SheenSkin is not liable for any personal injury caused by your use or misuse of the product. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SheenSkin has been advised of the possibility of such damage.
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Adverse Reactions: While SheenSkin strives to provide high-quality products, individuals may react differently to skincare products. It is the user's responsibility to conduct a patch test before full use to check for any allergic reactions or sensitivities. SheenSkin shall not be held liable for any adverse reactions when the product is used as directed.
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Cap on Liability: Except as set out under "Exceptions" below, SheenSkin's maximum aggregate liability to you for any claims that you may have against SheenSkin for direct loss in contract, tort (including negligence), or otherwise arising out of or in connection with this agreement, the products, or use of the products shall be limited to the amount which you have paid to SheenSkin for the product in question.
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Exceptions: Nothing in this agreement excludes or limits SheenSkin's liability for personal injury caused by its negligence, for fraud, or for any other liability which cannot be excluded or limited by law.
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Medical Consultation for Sensitive Skin and Medication Users: Users with sensitive skin or those currently taking any medication that may affect the structure or strength of their skin are strongly advised to consult with a medical professional prior to using our products. This includes, but is not limited to, medications that increase skin sensitivity, thin the skin, or affect the skin's natural barrier. SheenSkin is not responsible for any adverse reactions or complications arising from the use of our products by individuals with sensitive skin or those on medication. It remains the user's responsibility to understand their skin's condition and any potential interactions with our products.
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Medical Advice: The information provided on this website, including any product descriptions, instructions, testimonials, or other content, is for general informational purposes only and should not be construed as medical advice, diagnosis, or treatment recommendations. Users should not rely solely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or the potential effects of our products, you should always consult with a physician or other healthcare professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read on this website.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless SheenSkin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION AND CONTINUATION
Survival of Obligations: Notwithstanding any provision to the contrary, the obligations, representations, warranties, and liabilities of the parties incurred or accrued prior to the termination date shall survive and remain enforceable following the termination or expiration of this agreement.
Duration of Agreement: These Terms of Service shall remain in effect for as long as you possess, use, or access the product/s purchased. Termination of these Terms of Service by the user is strictly limited to instances where the product is no longer in the user's possession, and the user has ceased all use and access thereof.
Notification of Termination: Should you wish to terminate these Terms of Service, you are required to provide a written notice, detailing the reasons for termination and evidence that you no longer possess or use the product. Upon receipt of such notice, we reserve the right to assess the validity of your claim and may, at our sole discretion, accept or reject your request for termination.
Breach and Termination: We reserve the right to terminate this agreement, without prior notice, in instances where you have breached any term or provision of these Terms of Service. In the event of such termination due to breach, you shall remain liable for all amounts due up to and including the date of termination. Furthermore, we may, at our discretion, deny you access to our Services in whole or in part.
Effect of Termination: Termination of this agreement, for any reason, shall not release you from any obligation or liability set forth in this agreement that is expressly or by implication intended to come into or continue in effect on or after such termination.
SECTION 20 - INTELLECTUAL PROPERTY RIGHTS
All content present on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of SheenSkin or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of SheenSkin.
Trademarks, logos, and service marks displayed on the website are registered and unregistered trademarks of SheenSkin, its affiliates, or licensors. Nothing on this website should be construed as granting any license or right to use any trademark without the prior written permission of SheenSkin.
Unauthorised use of the intellectual property displayed on this website will be considered copyright infringement and may be prosecuted to the fullest extent permissible under applicable law.
SheenSkin shall not be held liable for any failure to perform its obligations where such failure results from any cause beyond SheenSkin's reasonable control, including, but not limited to, mechanical, electronic, or communications failure, degradation, acts of nature, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non-performance of third parties, or any reasons beyond the reasonable control of SheenSkin. In the event of any such delay or failure, the performance of our obligations will be extended for a period equivalent to the period during which it has been delayed by the aforementioned events.
SECTION 22 - HEALTH AND SAFETY WARNING
Product Usage: All SheenSkin products should be used strictly in accordance with the instructions provided on the product packaging or as detailed on our website. Failure to follow these instructions may result in injury or adverse skin reactions.
Skin Sensitivity: Before using any SheenSkin product, especially those applied directly to the skin, it's recommended to conduct a patch test to check for any allergic reactions or sensitivities. Apply a small amount of the product to a discreet area of your skin. If any redness, itching, or other skin irritations occur, discontinue use immediately and consult a medical professional.
Medical Conditions: If you have a pre-existing medical condition, are pregnant, nursing, or undergoing any medical treatments, consult with a healthcare professional before using our products. Some products may not be suitable for individuals with certain conditions.
External Use Only: Unless explicitly stated, all SheenSkin products are for external use only. Avoid contact with eyes, and if the product gets into the eyes, rinse thoroughly with water. If ingested, seek medical advice immediately.
Storage: Store SheenSkin products in a cool, dry place away from direct sunlight. Keep products out of reach of children.
No Medical Claims: SheenSkin products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information provided on our website or any related communications is not a substitute for professional medical advice or treatment.
SECTION 23 - DISPUTE RESOLUTION AND ARBITRATION
Agreement to Arbitrate: Both parties agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Victoria, Australia, rather than in court.
Arbitration Procedures: The arbitration shall be conducted by a single arbitrator, mutually agreed upon by both parties, in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA) or any other established ADR provider mutually agreed upon by the parties. The laws of Victoria, Australia, will apply to any arbitration proceedings.
Waiver of Class or Consolidated Actions: All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Location of Arbitration: The place of arbitration shall be Victoria, Australia, and the language of the arbitration shall be English.
Exceptions to Agreement to Arbitrate: Notwithstanding the above, both parties agree that they may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Opt-out of Agreement to Arbitrate: If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within 30 days of the date you first accept these Terms of Service or by such other deadline as may be stipulated in these Terms. Your written notification must be mailed to our designated address and must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.
SECTION 24 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 25 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@sheenskin.au.
Our contact information is posted below:
Email: care@sheenskin.au