Terms of Use

L’ELU SKINCARE WEBSITE TERMS OF USE 

 

1. ABOUT L’ELU SKINCARE

  1. Thank you for using our Site located at leluskincare.com Site (“Site”).
  2. This Site is owned and operated by L’Elu Skincare ABN: 76461895565 (“L’Elu Skincare”). Any reference to “our,” “we,” “us” shall mean L’Elu Skincare.
  3. L’Elu Skincare specialises in natural, vegan and cruelty-free handmade skin care products sourced from South East Queensland, Australia with no added perfumes, preservatives or fillers.
  4. We invite you to browse the skin care products that we offer for sale on the Site (the ‘Products’).
    The purchase of Products on our Site is available to customers within Australia and to overseas customers at our discretion.
  5. Please read these terms (“Terms”) carefully as they govern your access to and use of the Site.
  6. These Terms may be amended by us at any time, and by continuing to use the Site, you accept the Terms as they apply from time to time.

 

2. WHO MAY JOIN OUR SITE

  1. As a condition of your use of our Site and access to the supply of Products, you warrant that:
    1. you are at least 18 years of age;
    2. you are a person authorised to enter into a legally binding contract if you are purchasing our Products for another person;
    3. all relevant consents have been obtained to use our Products.
  2. We retain the right in our sole discretion to deny anyone access to this Site or the Products that we offer, at any time and for any reason.

 

3. REGISTRATION TO PURCHASE THE PRODUCTS AND ACCEPTANCE OF TERMS

  1. In order to access our Products, you must sign up for a member account (“Member Account”). By signing up for a Member Account, you accept the Terms as a condition of joining as a registered member (“Member”)
  2. As part of the registration process, you must provide us current, complete and accurate identification, and other information including (some of which is not mandatory) including but not limited to:
    1. your name;
    2. address;
    3. phone number;
    4. age;
    5. a valid email address;
    6. password

(“Registration Information”).

If we detect suspicious or incomplete information, we reserve the right to cancel a Member Account and any orders for our Products.

By visiting, registering for, or using the Site, you agree that we may send you direct email communications from which you may opt out at any time.

(3)     If your Registration Information changes, you must promptly update your Member Account to reflect those changes

(4)     As a Member of the Site, you agree that:

  1. your Member Account is personal to you. You must not authorise or permit anyone else to access your Member Account by using your Registration Information;
  2. your access to and use of the Site as a Member is non-transferable and allows for the sole use of the Site by you;
  3. you are responsible for maintaining the confidentiality of your Registration Information;
  4. you must not impersonate, misrepresent your identity or imitate any person when registering for a Member Account;
  5. you will not use our Site for any illegal or unauthorised use which includes collecting email addresses of other Members by electronic or other means to send unsolicited email, spam, or unwanted advertisements;
  6. you must not upload or disclose offensive, unlawful, threatening, defamatory or objectionable material;
  7. you must not infringe upon the rights of third-parties and other users;
  8. you must not create any virus, programs, or malware that inhibit, interrupt, damage, and compromises the functionality and security of our Site;
  9. you will use the Site only for purposes permitted by the Terms and in accordance with applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; and
  10. you acknowledge and agree that any automated use of the Site is prohibited.

 

(5)     We reserve the right to deny anyone access without notice to a Member Account for breach of our Terms.

  1. MEMBERSHIP PAYMENTS AND DELIVERY OF SERVICE
  2. Your Member Account must be active and current to be able to purchase our Products.
  3. After registration as a Member, you can log into your Member Account to place an order (“Order”) for our Products. Membership with L’Elu Skincare is free.
  4. We may from time to time by notice on the Site vary our:
    1. catalogue of Products
    2. prices for the Products, and
    3. offer additional or optional products and services.
  5. You are solely responsible for the accuracy of the information that you submit in relation to each Order for the Products. You agree that we do not control, verify, or endorse that information.
  6. You agree to pay the price (“Purchase Price”) for the Products listed on our Site in consideration of the supply. The Purchase Price on our Site is subject to change at any time prior to acceptance of an Order by L’Elu Skincare.
  7. Payment of the Purchase Price may be made through the payment gateway providers (the “Payment Gateway Providers”) listed on our Site from time to time. By using a Payment Gateway Provider, you warrant that you have familiarised yourself with, and agree to be bound by, their applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  8. Payment must be made in full at the time of placing an Order. We will not hold Products against your Order if payment is not made in full or payment is declined by your bank or credit card issuer.
  9. All payments for our Products are in Australian Dollars (AUD). Fees may be converted to your local currency at the time of your Order if we accept an Order for delivery outside of Australia. We reserve the right in our sole discretion to reject an Order for delivery outside of Australia. We will be entitled to add on GST for any supply in Australia.
  10. Members are responsible for ensuring their credit card details are accurate and correct in their Order details to purchase the Products.
  11. When we confirm payment of the Purchase Price and accept your Order, you will be issued with a receipt (‘the Receipt’) to confirm that your payment has been received.
  12. You agree that any postage and shipping costs will be at your expense. You are liable for any postage and shipping costs associated with any refund pursuant to clause 6 unless you are legally entitled to claim reasonable postage or transportation costs. The prices on the Site are not inclusive of shipping and handling charges unless otherwise depicted.
  13. You agree that we may electronically store your Registration Information and payment information to process Order renewals or the purchase of our Products unless you contact us to remove your payment information.
  14. You are responsible for any use, activities and the payments associated with your Order. L’Elu Skincare reserves the right to cancel, suspend or reject an Order for the purchase of Products on the following grounds:
    1. the inability to authorise or process any payment including a credit card payment
    2. where L’Elu Skincare suspects or confirms a breach of intellectual property rights; or
    3. if any misuse of your Member’s Account is detected.
  15. L’Elu Skincare may in its sole discretion elect not to accept an Order from you. If your credit card has been charged and we have rejected your Order, we will issue a credit to your credit card account within 14 calendar days.
  16. Memberships are not transferrable and are not redeemable for cash. Your access to the Purchase Services will be disabled when your Member Account is suspended, terminated or ends.

5. DISCOUNTS AND PROMOTIONS

  1.  All offers and promotions are subject to the following conditions, in addition to any conditions specified upon entering the relevant code at checkout:
    1. (a)     promotions are only applicable to Products specified in the offer;
    2. (b)     any specified discounts and final sale promotions are not eligible for any other offers;
    3. (c)     you must be logged in to your Member Account to use a promotion code;

(d)     L’Elu Skincare takes no responsibility for promotion codes that were not applied during the checkout process and discounts cannot be applied after an Order has been placed;

(e)     Products marked ‘Final Sale’, or purchased from a promotion that specified the Products as ‘Final Sale’, cannot be returned (in the absence of any defect or fault and subject to any law to the contrary); and

(f)      we reserve the right to end any promotions, sales or discount offers at any time.

 

  1. REFUND POLICY

(1)     Except as required by law, any Purchase Price paid by you is final and non-refundable. Orders cannot be cancelled, or refunds made after payment is processed, such as, for example, buyer’s remorse.

(2)     It is your responsibility to inspect your Products on delivery. Any returns and refunds will be processed in accordance with the Australian Consumer Law.

(3)     For defective merchandise, you must contact us within 14 calendar days of delivery to report any discrepancies or faults to make a claim otherwise you will be deemed to have accepted the Products. Please contact us by phone or email as follows:

Phone:    0484 821 472

Email:      orders@leluskincare.com

(4)     You are responsible for returning the Products to L’Elu Skincare. Defective products will only be accepted for credit within 14 calendar days of the date of delivery and must be accompanied by the Receipt and a reason for the return so that we can identify the transaction and assess the legitimacy of the fault.

(5)     Returns will only be accepted in original condition and in original packaging. Products that have been modified or excessively handled will not be accepted as a return. No credit will be allowed for Products that have been used, modified or damaged or used in a manner or purpose for which the Product was not intended.

(6)     Returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.

(7)     Except as required by the Australian Consumer Law, we will only facilitate a refund if we are unable to facilitate the processing of an Order or if we determine, in our discretion, that it is reasonable to do so.

 

7. DELIVERY AND RISK

(1)     We ship within Australia and to the overseas countries listed on our Site (if any). Please contact us by email if you require shipping to a country that is not listed on our Site.

(2)     You acknowledge that our Products integrate delivery (the ‘Delivery Services’) through the use of third-party delivery companies (the ‘Delivery Service Providers’).

(3)     In supplying the Products, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that L’Elu Skincare is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(4)     In the event that an item is lost or damaged in the course of the Delivery Services, L’Elu Skincare asks that you:

  1. contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
  2. contact us by sending an email to orders@leluskincare.com outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed as a supplier.

(5)     For locations in Australia, please allow 3 to 10 calendar days for delivery by Delivery Service Providers.  As a definite delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 3 to 10 days.

(6)     The cost of any delivery and shipping will be automatically calculated for you at checkout on our Site.

(7)     Sales tax (GST) will be applied for shipping addresses based in Australia. You will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority in Australia or worldwide.

(8)     You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.

(9)     Some carriers may require a signature for delivery and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for re-delivery or other collection arrangements. You will bear the liability of and cost for any additional charges to carry out re-delivery or multiple delivery attempts.

(10)   Risk of loss and damage of the Products are passed onto you upon delivery. Although our Products are carefully formulated, should you develop any adverse reactions, we will not be held liable once ownership of a Product is passed onto you.

 

9. INTELLECTUAL PROPERTY

(1)     In these Terms:

“Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

“Works” means any material made available on the Site including (without limitation) written texts, documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.

(2)     You acknowledge that ownership of the Intellectual Property Rights relating to the Site is the property of, licensed by or vest on creation in L’Elu Skincare.

(3)     The Works on the Site (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Information procured from a third party may be the subject of copyright owned by that third party.

(4)     The Site or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent. Members shall take due care to protect the Intellectual Property Rights from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.

(5)     All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.

(6)     Unless otherwise stated, we retain all rights, title and interest in and to the Copyright Material on the Site. Nothing you do on or in relation to the Site will transfer any:

  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
  • right to use or exploit a business name, trading name, domain name, trade mark or industrial design;
  • thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or
  • any proprietary rights to the L’Elu Skincare Intellectual Property or Works.

(7)     “L’Elu Skincare” and all associated trade marks on the Site are the trade marks of L’Elu Skincare or any related entities or licensed by us. You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours; or
  • in a manner which may be confusing, misleading or deceptive.

(8)     The obligations accepted by Site users and Members under this clause survive termination or expiry of these Terms.

 

10. NEWSLETTER SERVICE

(1)     You may join our mailing list and obtain access to our updates, newsletters, surveys and upcoming events (“MembershipServices”) by:

  • agreeing to the Terms and Privacy Policy; and
  • providing us your Registration Information when required.

(2)     Members must take due care to protect the Intellectual Property Rights provided via our Membership Services from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. We reserve the right to suspend or terminate the Membership Services for any breaches.

 

11.     MEMBERSHIP TERMINATION 

(1)     The Terms will continue to apply until terminated by either the Member or by us as set out below.

(2)     We may terminate these Terms without notice to you if:

  • you have breached any provision of the Terms; or
  • we believe you are making unauthorised or improper use of the Site

We reserve the right at all times to edit or remove any information or materials, in whole or in part, from the Site.

(3)     We reserve the right to discontinue your Member Account at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Site without notice if your conduct impacts our name or reputation or violates the rights of any other Member or third party.

(4)     If you want to terminate the Terms, you may do so by closing your Member Account and terminate your Membership. If you have not logged into your Member Account within a prior six (6) month period, we reserve the right to unilaterally terminate your Member Account.

 

12. DISCLAIMER

(1)     Nothing contained on the Site is intended to constitute, nor should it be considered, medical advice or to serve as a substitute for the advice of a physician or other qualified health care provider. We make no assurances of the information on our Site being fit or suited to your medical needs, and to the maximum extent allowed by law, we disclaim any and all warranties and liabilities related to your use of any of the information obtained on, from or through the Site.

(2)     Our Products are not intended to diagnose, treat, cure, or prevent any injury or disease. Consult your doctor or health professional before using the Products. If you have or suspect that you have a medical problem, contact your doctor or health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of the Products.

(3)     There may be risks associated with using our Products with pre-existing physical or health conditions. If you choose to participate in these risks, you do so of your own free will and accord, and knowingly and voluntarily assuming all risks associated with purchasing our Products.

 

13.    LIMITATION OF LIABILILITY

(1)     To the extent permissible at law, L’Elu Skincare is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, liability, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products or services under these Terms. We exclude all representations and warranties relating to the subject matter of these Terms, our Site and the purchase of our Products.

(2)     This exclusion includes without limitation:

  • the completeness, truth, suitability, quality or accuracy of the information or Products descriptions published on our Site (including third-party material and advertisements);
  • that the information on the Site is up to date; or
  • any of the Products or the Site will remain available.

You accept that we take no responsibility for any error or omission relating to the information or material contained on this Site.

(3)     You agree that we, our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability by any information on the Site and any decisions based on such information are your sole responsibility.

(4)     You warrant that you are legally permitted to use and access the Site and take full responsibility for the selection, use of and purchase of the Products.

(5)     You agree that our Products are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Products or any part of these meet your needs or are otherwise suitable for the purposes for which they are used. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Products referred to on the Site.

(6)     These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:

  • for any claims relating to these Terms, to the Purchase Price of the Products;
  • in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
  • in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

This limitation applies to any supply under or related to these Terms including the supply of the Products and covers loss of data, any viruses or other disabling features that affect your access to or use of the Site, incompatibility between the Site and your hardware or software, delays or failures you may have in using the Site including any connections or transmissions that fail or are not completed in an accurate or timely manner.

(7)     This clause survives the termination or expiry of this Agreement for whatever reason.

 

14. INDEMNITY

(1)    You agree to defend, indemnify and hold us, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against:

  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your access to our Site and its Copyright Material;
  • any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so; and/or
  • any breach of the Terms.

(2)     We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

 

15.    DISPUTES

(1)     If a dispute arises out of or relates to the Terms as between us and a Member, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

  • Compulsory process. A party may not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
  • Notification. A party claiming that a Dispute has arisen may notify each other party to the Dispute giving details of the Dispute.
  • Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
  • Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
    • a mediator agreed on by the Disputants; or
    • if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
  • Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.Information. Any information or documents disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
  • Costs of mediation. Each Disputant shall pay its own costs. The Disputants may pay equally the costs of any mediator engaged.
  • The mediation will be held in Brisbane, Australia.
  • Failure to resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the Dispute within thirty (30) calendar days after commencement of dispute resolution.

 

16.    PRIVACY

(1)     In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Statement which is made a part of these Terms.

(2)     If you are a non-Australian user of the Site, you agree that your personal information is stored in our servers in Australia and is subject to the applicable Australian Privacy Laws. You accept that by providing us your personal information, we will deal with such personal information as set out in our Privacy Statement.

 

17.    ADVERTISING AND LINKS

(1)     The Site may contain links and other pointers to Internet Sites or applications operated by third parties.  We do not control these linked Sites and are not responsible for the contents of any linked Site. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites.  Your access to any such Site is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

 

18.     FEEDBACK

(1)     Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews, comments and suggestions for improvements to the Site and our Products (collectively “Feedback“). You may submit Feedback by emailing us at info@leluskincare.com.

(2)     You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise use the Feedback or any part of the Feedback for any purpose, whether online or not, including on social media (but not limited to) advertising, promotional and review purposes.

 

19.     OUR DETAILS

(1)     This Site is owned and operated by L’Elu Skincare 76461895565.

(2)     Our principal place of business is at Dalby, QLD 4405 Australia.

(3)     You can contact us:

  • by post, PO Box 208 Dalby QLD 4405
  • using our online contact form: https://leluskincare.com/contact/;
  • by telephone, on the contact number published on our Site from time to time: https://leluskincare.com/contact/; or
  • by email, using the email address published on our Site from time to time.

 

ALL RIGHTS RESERVED.

Terms last updated Thursday 15 February 2018.