Terms and Conditions
Welcome to Awen Skin Care!
These terms and conditions outline the rules and regulations for the use of Awen Skin Care's Website, located at www.awenskincare.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Awen Skin Care if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Australia.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Our Website Services
Our services are provided to adults over the age of sixteen (16) years. By proceeding to purchase through our website, you acknowledge that you are over 16 years of age.
All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our listed prices are current. Our prices can be viewed at our online shop or via our catalogue and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
We take all necessary precautions with the security and privacy of our website and customers information and we cannot be held liable should you suffer any attack by virus or malware whilst visiting our website. If you believe such an attack has occurred, please contact us via our Facebook page so that our I.T team can investigate.
We provide our email, contact and subscribe buttons in good faith and any misuse of said buttons will not be accepted. We do not respond to spam, marketing material, surveys, requests for personal or accounting information, website or SEO development offers, job applications or volunteer work requests or any other unsolicited contact. Any such effort on your part to make contact in this manner will result in us blocking your email and you may be banned from using our website or entering our members only area.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute, or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of any such action.
Unless otherwise stated, Awen Skin Care and/or its licensors own the intellectual property rights for all material on Awen Skin Care. All intellectual property rights are reserved. You may access this from Awen Skin Care for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Awen Skin Care
Sell, rent or sub-license material from Awen Skin Care
Reproduce, duplicate or copy material from Awen Skin Care
Redistribute content from Awen Skin Care
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Awen Skin Care does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Awen Skin Care,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Awen Skin Care shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Awen Skin Care reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Awen Skin Care a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
Our website may contain hyperlinks to external sources. These links are provided for your convenience only and we accept no responsibility for the content of the destination site or the safety of, or privacy compliance by, any linked website.
A hyperlink does not signify our endorsement, support, or sponsorship of a linked website or the information and/or products which are provided therein.
If permission is granted to link to our website, you agree not to alter any of our website's contents including any intellectual property. You may not reformat any of our pages; files; images; text or any other materials or claim any information or product within as your own.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourable to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Awen Skin Care; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Awen Skin Care. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Awen Skin Care's logo or other artwork will be allowed for linking absent a trademark license agreement.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We acknowledge that there are a wide array of allergies in existence and while we strive to take all reasonable care that our products are described as accurately as possible on our website, catalogue and other marketing material, we do not warrant that the description is accurate and up to date. Where we become aware of any incorrect description, we reserve the right to correct any error or omission.
We will not be held liable for any allergic reaction suffered to any of our products. It is your responsibility check ingredients listed and conduct a patch test prior to use. If a reaction occurs, cease use of the product immediately and contact a medical professional or call 000 in case of emergency. We recommend that a patch test be conducted 24 hours prior to usage of any of our products.
Images have been provided for illustrative purposes only and may vary from the actual product. We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Our products are for sale to adults over the age of sixteen (16) years. By proceeding to purchase through our website, you acknowledge that you are over 16 years of age.
We endeavour to ensure that our product catalogue is current however we give no undertaking as to the availability of any product advertised on our website, catalogue, or social media platforms. If you order an item that is out of stock or on back order, we will notify you via email and have your order dispatched as soon as the product becomes available to us.
If you have received notification that a product you have paid for is on back order or out of stock, you reserve the right to cancel your order of that product only. You may not cancel your entire order except wherein your entire order is a single product that has been deemed out of stock or on back order. You must notify us by email within 24 hours of the time your original order was placed. A full refund will be issued. Should you wish to substitute for another item, please cancel your original item order as per the above and place a new order. We will not simply substitute one product for another, even if they are of the same or lesser value.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Our prices can be accessed on our shop page and we reserve the right to amend our prices at any time.
Packaging and postage may be an additional charge, calculated at time of purchase.
Once you have submitted an order, you may not cancel that order, accept in accordance with these Terms and Conditions.
Any Free Gifts or offers are made at our discretion and only one free gift or offer is available per customer per day (24 hour period) even if said customer has placed multiple orders within the 24 hour period. We reserve the right to revoke any offer or gift at our discretion and without warning. If a gift of offer becomes unavailable or out of stock, we are not required to substitute another product in its place.
Delivery and shipping of your ordered product/s will be as selected at point of checkout. Title in the goods passes to you as soon as we have received your payment.
If a shipping method is chosen and that method is not available for your order then you will be refunded any extra shipping cost you have paid and your order will be sent via standard post or another carrier or equal or lesser value. You cannot cancel an order if shipping method chosen is not available.
All risk of loss or damage to the goods passes to you once we dispatch the goods and we will not be liable to chase up or locate any lost goods on your behalf or replace goods damaged in transit by couriers.
If you fail to pick up an order that is waiting at a parcel collection point and the order is returned to us, you will be required to pay for shipping costs back to your address prior to us re-shipping the goods.
Please refer to our Shipping, Returns & Refunds Policy. By agreeing to these terms and conditions, we will assume that you have read and agree to the aforementioned policy.
Cancellation of Orders due to Error
Where a product has been listed at the incorrect price or with incorrect description or image due to typographical error or similar oversight, we reserve the right to cancel the transaction.
Where your credit card has been charged, we will refund your credit card for the total amount debited and you will be notified by email.
Returns and Refunds
In the event that you have been sent the incorrect product, you must notify us via email (and include an attached photo of your incorrect product along with a copy of your invoice or your invoice number and date of purchase) as soon as possible but no longer than 3 days from receipt of goods. The item must be unopened and in unused and good condition and is to be returned to us at our own expense. Please email us and we will discuss how to return the goods. Do not send products back to us without our prior knowledge and a discussion with us in writing via email or messenger as they will be disposed of immediately and no refund will be given. Once we receive the returned product, we will refund your account or replace with a product of equal value as per your choice. Any compensation beyond this is not obligatory and will be at our discretion. Once the 3 day period following your receipt of the goods has lapsed, refund or replacement is solely at our discretion and on a case by case basis. We are not liable to refund or replace any incorrect goods once the 3 day period has lapsed.
We are not liable to replace or refund goods damaged in transit due to mishandling by courier or postal services. Where the product itself is faulty or broken or manufactured incorrectly or has turned bad, you are required to notify us via email within 3 days of receipt of goods (and include an attached photo of your product/s along with a copy of your invoice or your invoice number and date of purchase). It is at our discretion as to whether we will refund/replace your item based on the evidence you provide.
We do not offer refunds under any circumstances due to change of mind or the products not being “right” for you.
We do not offer refund or replacement due to intolerance of product ingredients or allergic reaction. If you suffer a reaction, please contact 000 in case of emergency or your GP for non-urgent cases and discontinue use of the product. Awen recommends conducting a patch test on all our products before applying to full face.
We will not refund any goods if they have been opened and/or used, except in the instance that the internal product has been found to be faulty or damaged or spoiled, in which case you are required to provide us with photographic evidence within 3 days of receipt of goods in accordance with this refund policy.
As per this policy, all risk of loss or damage to the goods passes to you once we dispatch the goods and we will not replace or refund goods damaged in transit by couriers. We take every care in packaging our products and if you believe your goods have been damaged in transit due to poor packaging, we will require you to provide us with photographic evidence of the product in the packing within 3 days of receipt of goods in accordance with these Terms and Conditions. Any refund or replacement is then at our discretion and on a case by case basis.
If we are unable to replace or exchange any goods that have been returned as faulty, damaged, spoiled or incorrect in accordance with our returns policy, we undertake to reimburse your credit card for the initial amount, including shipping charges.
We agree to take all due care with all information you provide to us when accessing our website, however, we do not warrant and cannot ensure the security of any such information. Information you transmit to us is done so entirely at your own risk.
In some instances where a payment from you is flagged by either our bank or e-commerce site as being a potential risk of fraud, we may charge your card used with a very small amount. i.e. 50c and ask you to verify the amount. Once that has been verified then we will refund the charge immediately.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text either belongs to us or we have a licence to use those materials.
All trade-marks, brands and logos (identified by TM or ®) which are used on this website are either owned by us or we have permission to use them. Your access to our website does not license you to use the aforementioned symbols in any commercial way without prior written permission from the brand’s owner.
Any comment, feedback, or review which you provide to us becomes our property and we reserve the right to use them for any commercial or non-commercial purpose without compensation or recognition to you or to any other person who may have submitted the aforementioned comments, feedback or review on your behalf.
If you provide us with Comments, feedback, or reviews, you acknowledge that you are responsible for the content of such material including its legality, originality, and copyright. If we choose to use said material in accordance with these Terms and Conditions any infringement of copyright becomes your liability.
Whilst we have taken all due care in providing any information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
Any information or advice provided by our website is done so for your amusement and enjoyment only and is created and written by bloggers and commenters who may or may not be industry or trade professionals. Any such advice or information is adhered to at your own risk and Awen Skin Care will not be held liable for any circumstance arising from the use or misuse of said information or advice.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Statutory Guarantees and Warranties
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of goods or services to you, and as a consumer, the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:- a. Schedule 2 of the C&C Act; and b. those statutory guarantees, all of which are given by us, the retailer, to you the consumer.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:- a. We will repair or replace the goods or any part of them that is defective; or b. Provide again or rectify any services or part of them that are defective; or c. Wholly or partly recompense you if they are defective.
As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:- a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act. b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liabilities
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.
If you are not a consumer:- a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us. d. We do not participate in any way in the transactions between our users.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
If a Force Majeure event causing delay continues for more than 30 days, we may terminate the Agreement by giving you at least 7 days’ notice. “Force Majeure” means any act, circumstance, or omission over which we could not reasonably have exercised control.
These terms and conditions are to be governed by and construed in accordance with the laws of your state and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in your state and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is deemed invalid under any law, the provision will be limited, narrowed, construed or altered as necessary to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.