Terms and Conditions
Valid as of 10th December 2020Definitions
“Client” shall mean any person who purchases from The Skin Herbalists Pty Ltd.
“Individual” refers to any person that places an order for goods.
“Goods” shall mean all Goods supplied by the Supplier to the individual.
“Services” shall mean all Services supplied by the Supplier to the individual and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
Any instructions received by the Supplier from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Supplier shall constitute acceptance of the terms and conditions contained herein.
Where more than one individual has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
Upon acceptance of these terms and conditions by the individual the terms and conditions are binding and can only be amended with the written consent of the Supplier.
Price and Payment
The price shall be as indicated on invoices provided by the Supplier to the individual in respect of Goods supplied.
Payment shall be due prior to delivery of the Goods.
Payment will be made by PayPal, AfterPay, Humm, Zip Pay or Credit Card.
Date of payment will be deemed the date monies are showing as deposited in our account. Please note if paying via direct debit or e-cheque, this can take up to 3 business days to transfer.
International fees are the responsibility of each client. We advise using PayPal and linking your account to avoid fees if you are not located in Australia.
Incomplete orders either on the website or manually created through head office will not be held from stock levels. All orders must be completed and the invoice paid within the time frame given on all invoices. If the invoice remains unpaid and stock levels are unable to fulfill the order, The Skin Herbalists will not be able to fill the order until stock is replenished. The Skin Herbalists will not be liable for any inconvenience this causes to your client or business.
Every attempt is made to dispatch by the following business day. However, The Skin Herbalists can’t guarantee this depending on the volume of orders, time of year and public holidays.
If a product is out of stock and on back order the order will not ship until all products are in stock. If you do not wish to wait for the products a separate order must be placed.
Once an order is placed it cannot be adjusted or cancelled. All orders are final after checkout. If you have forgotten to purchase an item you must place a separate order and pay separate and additional shipping costs.
Sales are subject to availability of stock. We cannot honour sales to Clients once sold out. The sale only applies to new orders placed and there are no rain-checks. If you placed an order before the sale the discount will not be applied.
Delivery of Goods
All orders are shipped via our designated freight carrier unless an alternative method is requested, and paid for, by the individual.
All orders are shipped FOB shipping point, which means ownership and risk of loss transfers to the customer once the shipment is delivered to the shipping carrier. Please ensure you have insurance on your parcel.
Once an order is dispatched the client is considered to receive the goods. Signature on delivery is recommended in the unlikely event that your order goes missing or items are missing from your order. Signature on delivery is included as standard in the shipping costs even if The Skin Herbalists is subsidizing the cost. If you choose at checkout to remove signature on delivery, then The Skin Herbalists will not be liable for any missing items within the shipment or parcels that get lost or stolen.
The process of fulfilling an order begins as soon as you place your order on the website. Once an order has been released for fulfillment, it cannot be changed.
The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for re delivery.
Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
When you place an order online, it is your sole responsibility to keep your account updated for Billing, Shipping and address and all associated contact details. If you place an order and you have not updated addresses and your order is delivered to the incorrect address, The Skin Herbalists is not liable and will not replace your order if you are unable to track down your delivery. This also applies to manual orders placed by head office. As we ask you to check every detail especially shipping details before proceeding to payment. If you do not check your invoice and inform head office of amendments needed, again we will not be liable for orders that are delivered incorrectly.
Where the Client expressly requests the Supplier to leave Goods outside the clients shipping address for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.
The Skin Herbalists accepts no liability if the products are not used in the manner intended.
In the event that you have a reaction to a product and under the proviso that the product has been used the product in the manner intended by The Skin Herbalists, the following must occur. You will need to provide evidence in the form of photos of the reaction. This needs to be sent to head office with the photos. You will be asked to return the products to head office. When all of the above conditions are met, we will determine if the reaction is genuine and if a replacement or credit is deemed fair and equitable.
The Client shall inspect the Goods on delivery and shall within three (3) business days of delivery (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. This does not include faulty packaging e.g. Products not pumping. Client shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage and The Skin Herbalists will be excluded from any liability. For defective Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s liability is limited to (at the Supplier’s discretion) replacing the Goods.
Photos or videos are required for any claim involving defects or damage to the goods. All goods are to be returned to head office.
No replacements/credit will be sent until the customer has posted the item. If the goods have been found to be defective then a refund or credit of the shipping cost will be provided. Once we receive your items a replacement will be sent out.
In the event of missing parcels or missing items our freight carrier requires photographs of the package’s condition when you received it to evaluate whether tampering with the parcel has occurred.
Returns to The Skin Herbalists are only permitted with authorization from head office. Buyer’s remorse is not a reason for return.
Returns are accepted if the goods are damaged or defective, after approval from head office.
Any product returned must be at least 50% full. Returns that are lower than this will not be granted a credit/refund.
The Supplier will not be liable for Goods which have not been stored or used in a proper manner.
The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
The Supplier may (at their sole discretion) accept the return of Goods for credit. Goods that are found to have no defect and are returned will incur a handling fee of up to thirty percent (30%) of the value of the returned Goods plus any freight costs. There will also be a return fee of $2.95 and $0.50 for each item returned.
If the Client has had the product for more than six (6) months or the product is expired no replacements or credits will be accepted.
The Skin Herbalists is the sole legal and beneficial owner of the intellectual property. "intellectual property" means the following:
An invention or discovery; recipe; method or process of manufacture; method or principle of skin treatment; chemical composition or formulation; drawing or design; or scientific, technical or information or document;
Improvement, modification, development or new application of any of the foregoing;
Patent, application for a patent, right to apply for a patent or similar right for or in respect of any intellectual property referred to in sub-paragraphs (a) or (b);
Trade secret, know-how, or right of secrecy or confidentiality in respect of any information or document or other intellectual property referred to in sub-paragraphs (a) or (b);
Copyright or other rights in the nature of copyright subsisting in any works or other subject matter referred to in sub-paragraphs(a) or (b);
The customer must not remove any labels or alter the appearance of the product in any way. At no stage is the customer to implicate that the product is their own and not The Skin Herbalists.
The Skin Herbalists is not responsible if a client purchases the incorrect products for their skin. We do not accept returns or refunds because a client chose the wrong product. We advise booking in for a long distance consultation to ensure you are choosing the correct products.
The Skin Herbalists is not responsible for returns if the product is sold internationally.