Terms and Conditions For Buying Products and Browsing
Welcome to TriShave!
In these terms, we also refer to TriShave as “our”, “we”, or “us”.
And you are you!
Please take some time to read the following conditions applicable to your use and enjoyment of the site.
What are these terms about?
These terms apply when you use this website, %%GLOBAL_ShopPathSSL%%/, and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase products through this Website (“Products”).
To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Please have a careful read through these Terms before using the Website.
If you’re looking for our Privacy Policy and Cookies Policy, which we will comply with and you also agree to be bound by, you can find them at the below links:
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
• Part A: Terms for when you browse and interact with this Website (applies when you browse) - Website Terms and Conditions
• Part B: Terms for when you buy Products (applies when you buy)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. Please check the date at the top of this page to see when we last updated these terms.
Part A - Terms for when you browse and interact with this Website (applies when you browse) – Website Terms and Conditions
INTRODUCTION
(a) These terms and conditions (Terms) apply when you use this website, %%GLOBAL_ShopPathSSL%%/ (Website).
(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, Australian Cosmeceuticals Pty Ltd (ABN 28 001 990 423) (Australian Cosmeceuticals trading as TriShave, our, we or us).
(c) If you don’t agree to these Terms, you must refrain from using the Website.
(d) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws and must ensure that your employees, sub-contractors, and any other agents who use or access the Website comply with the Terms and any applicable laws.
YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, or decompile any part or aspect of the Website without our express consent;
(b) use the Website for any purpose other than the purposes of browsing, selecting, or purchasing goods;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create an undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing, or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing, or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices, and other Website Content.
REVIEWS
Where reviews are visible in relation to any of our Products or any content on our website, we endeavour to ensure that they are:
- (a) Independent and reflect the genuine opinion of the person who experienced the Products; and
- (b) Genuine reviews created and written by verified customers.
INTELLECTUAL PROPERTY
(a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, and software) (Website Content) and reserve all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify, or publish the Website or any Website Content without prior written consent from us or as permitted by law.
LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Social Media
(a) Our general policy is not to delete your comments on TriShave’s social media pages, even if those comments are critical of us. However, there are a few reasons we may take down your posts, including:
(i) if your post may offend anyone;
(ii) if your post attacks another contributor or TriShave personnel;
(iii) if you flood our feed, making it difficult for others to make their own posts;
(iv) if you post information that may endanger your privacy, or the privacy of another person; or
(v) if your post is off-topic and not related to our goods or services.
(b) You acknowledge and agree that while TriShave supports lively and open discussion, we reserve the right to block any users who don’t comply with our rules or who are otherwise deemed to be behaving inappropriately (to be determined at our absolute discretion).
SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones, or other electronic devices arising in connection with the use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference.
REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
PRIVACY
You agree to be bound by our Privacy Policy, which can be found here.
LIABILITY
We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.
Part B: TERMS & CONDITIONS OF BUYING
DISCLAIMER
We are here to help you navigate the journey of taking care of your skin. While every effort is made for our Products to be helpful, it’s important to set some ground rules so that you understand what we don’t promise to do for you. Before you use our Products, please make sure that you read and understand the below.
a. Professional Advice – We do not provide medical or other professional advice and the Products, or any information and/or materials provided to you in relation to the Products, should not be relied on as such. Please obtain appropriate medical and other professional advice before relying on the Products.
b. Results – While the Products have been prepared with every effort to serve your skincare needs, there is no guarantee that the Products will enable you to achieve any particular outcomes or results.
c. Responsibility – We aim to provide you with helpful Products but unfortunately, we are not responsible for your actions, decisions and/or any methods and techniques implemented by you in relation to your use of them. These are done so at your own risk.
SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
ACCOUNTS
(a) You may submit an Order either:
(i) As a guest, or
(ii) Through an account by signing up, registering and receiving the account through the website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, gender, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.
PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery in accordance with clause 5. You agree not to refuse Delivery.
Using the Product
(a) We recommend that you test any Product on a small patch of skin before you use the Product. If irritation occurs, immediately wash off with water and discontinue use of the Product.
(b) When using a Product, please follow all label instructions. If you have any questions or concerns, please consult a medical professional.
(c) All Products are for external use only.
PAYMENT
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you agree to pay for all Products at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST.
(d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We use third-party payment providers (Secure Payment Providers) including Eway and PayPal to collect payments for Products. The processing of payments including the storage of customers’ payment information by the Secure Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Secure Payment Provider and we are not liable for the security or performance of the Secure Payment Provider. We reserve the right to correct, or to instruct our Secure Payment Provider to correct, any errors or mistakes in collecting your payment.
Eway’s Terms, Conditions and Privacy Policy is accessible via the following link on its website: https://www.eway.com.au/legal/
Paypal’s Terms, Conditions and Privacy Policy is accessible via the following link to its website: https://www.paypal.com/au/webapps/mpp/ua/legalhub-full?locale.x=en_AU
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
GIFT CARDS, VOUCHERS, DISCOUNT CODES
(a) We may issue gift cards for use on our website.
(b) Gift cards are valid online at our website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you.
(c) Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
(d) We may provide promotional materials including vouchers and discount codes offering a discount on the Products. To use a discount code or voucher, you will need to enter its code at checkout.
(e) A discount code or voucher cannot be applied retrospectively to an Order. Discount codes and vouchers are non-transferable and cannot be redeemed for cash or store credit.
(f) If any additional terms or conditions apply to the discount code and voucher, these will be set out on the discount code or voucher.
DELIVERY AND SHIPPING
(a) (Free Delivery) We may, at our discretion, offer free standard delivery on carts above a certain amount. The terms and conditions for free delivery will be set out on the Website.
(b) (Delivery Costs) For any cart amounts that do not qualify for free delivery, delivery costs will be automatically added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.
(c) (Delivery Details) We may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by us; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(d) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered because of or in connection with late deliveries.
(e) (International Orders) Approved international orders to countries serviced by Australia Post may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
CHANGES TO YOUR ORDER
CANCELLATION BY US
We reserve the right to cancel your order for any reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order has been dispatched in writing to you. Once we confirm your Order has been dispatched, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 8.3 may apply.
RETURNS AND EXCHANGES
(a) We do not offer change of mind returns.
(b) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(iii) a Product is faulty or unsuitable, in accordance with clause 8.3(c), in which case we will provide you with your choice of a replacement or a full refund of the price paid for a Product.
(c) (Faulty products) The following process applies to any Product you believe to be faulty.
(i) If you believe your Product is faulty, please contact us by email at sales@trishave.com.au with a full description of the fault (including images).
(ii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection. We reserve the right to further inspection before deeming a Product faulty.
(iii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to misuse or failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(iv) If we determine that the Product is faulty, we will provide you with your choice of either a replacement or a refund (including shipping costs). All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(v) If you fail to comply with the provisions of this clause 8 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
(vi) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
(d) (Unsuitable products) The following process applies to any Product you believe to be unsuitable for use by you due to an allergy.
(i) If you have an allergic reaction to any of our Products, please immediately stop using the Product and consult a medical professional.
(ii) If you believe your Product is unsuitable, please contact us by email at sales@trishave.com.au with a full description of the reaction (including images of the allergic reaction).
(iii) If we determine that your Product may be unsuitable, we will request that you send the Product back to us if it is at least 3/4 full at your cost for further inspection. We reserve the right to further inspection before deeming a Product faulty.
(iv) If we determine in our reasonable opinion that the Product is not unsuitable or is unsuitable due to misuse or failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(v) If we determine that the Product is unsuitable, we will provide you a refund (including shipping costs). All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(vi) If you fail to comply with the provisions of this clause 8 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
(vii) Nothing in this clause 8 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
RATINGS & REVIEWS
(a) We may, at our absolute discretion, ask you to rate a Product (Rating) and/or provide feedback to us regarding our Products and our service (Review), including by submitting a photo with the Review (Photo), on the Website.
(b) When you purchase a product from us, you acknowledge and accept that we may send you a follow up email after delivery of the Product requesting that you provide a Rating and/or a Review.
(c) Any invitations to provide a Rating or Review of our Product under the above clause 9(b) may include links to third party platforms, including but not limited to Bazaarvoice.
(d) Where links to third party platforms are included in an invitation under the above clause 9(b) we will endeavour to ensure that you have the opportunity to review and accept or decline any applicable third party terms that you may be subject to, for example including but not limited to the Bazaarvoice terms, available at this page.
(e) You agree:
(i) to ensure that any Rating is a true and fair reflection of your opinion regarding a Product;
(ii) to provide true, fair, and accurate information in your Review; and
(iii) that you will not submit a Photo that may be deemed rude, offensive, unlawful and otherwise inappropriate, and you acknowledge that you have obtained the consent of any party in a Photo to submit the photo to us.
(f) You acknowledge that we may copy, publish, distribute, translate, and otherwise use any Rating and Review (including any Photo) on the Website and any of our social media platforms.
(g) We reserve the right to remove or delete any Rating or Review (including any Photo), in our sole discretion, if such review is inappropriate.
INTELLECTUAL PROPERTY
(a) Tri-Shave retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You agree to refrain from attempting to copy, reproduce, manufacture, or otherwise commercialise the Products.
(b) In this clause 10 “intellectual property rights” means all copyright, trademark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
When we use third parties
(a) You acknowledge and agree that we may do any of the following:
(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or
(ii) procure materials and Products from third party suppliers,
without further notice to or permission from you.
(b) This Website is powered by a third-party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://www.shopify.com/au/legal/terms
(c) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.
(d) Any use of third-party suppliers or platforms will be in accordance with our Privacy Policy which can be accessed here.
Part C - Liability And Other Legal Terms
LIABILITY
(a) (Liability) To the maximum extent permitted by applicable law, Tri-Shave limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Tri-Shave to the total Fees paid by you to Tri-Shave under the most recent Order.
(b) Claims for loss of or damage to Products in transit are to be made against the carrier.
(c) Products sold by Tri-Shave, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(d) All other express or implied representations and warranties in relation to Products and the associated services performed by Tri-Shave are, to the maximum extent permitted by applicable law, excluded.
(e) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(f) (Indemnity) You indemnify Tri-Shave and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:
(i) breach of any third party intellectual property rights;
(ii) breach of any of these terms;
(iii) use of the Website;
(iv) negligent, wilful, fraudulent, or criminal act or omission; or
(v) use of any goods or services provided by us.
(g) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applied in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement are not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate, or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
ENTIRE AGREEMENT
This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding, or agreement, express or implied, in relation to the subject matter of this agreement.
INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa)
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
(l) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments, and annexures to it;
NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.