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Terms & Conditions

Welcome to the aquaskin® website. The following document contains the Terms and Conditions that govern the use of this website. They describe your rights and responsibilities.


 Please take a few minutes to review these Terms and Conditions. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this web site. 



This site is owned and operated by Aquaskin Australia Pty Ltd (ACN 130 626 363) (the Company or aquaskin®). We reserve the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for such changes.

Delivery of goods

aquaskin® endeavors to deliver orders within the shortest possible time following an order. Orders will be processed and shipped within four (4) working days in metropolitan Australia, but may take up to seven (7) working days to remote areas with limited transport services. 

Orders outside of Australia will be delivered via air service within 7-10 days depending on the country and local delivery services. 

RETURNS POLICY

Damaged or defective goods

Within 30 days from the date of delivery aquaskin® will replace or refund (at its discretion) any items delivered to you that are damaged or defective at no charge.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst aquaskin® makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. aquaskin® therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. aquaskin® also reserves the right to limit quantities (including after you have submitted your order). aquaskin® apologises for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Purchases – Other Items

You are liable for and will bear all costs of delivery, including insurance, taxes and duties until receipt of the products. For overseas orders, aquaskin® cannot take responsibility for parcels seized by Customs as these are events and circumstances which are out of the Company's control. Furthermore aquaskin® cannot take responsibility for parcels seized by authorities because they may contain a product that is not approved for import into the country to which they are being sent. By placing an order with aquaskin®, you hereby covenant and agree that you are legally entitled to place an order for the goods requested and that all risk and title passes to you upon dispatch of the same ex warehouse.

Communication from aquaskin®

As a condition of purchase, aquaskin® reserves the right to email you product alerts and special offers that may be of interest to you. aquaskin® respects your right not to receive these communications and if you advise the Company at the time of placing your order that you do not wish to receive these special offer and alert emails that functionality will be disabled for your account. Each and every one of these communications will contain a clear link to Unsubscribe. aquaskin® assures you that once you have unsubscribed it will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

Your use of the aquaskin® Website

While utilising our website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. aquaskin® reserves the right to bar individuals thought to be conducting such activity. 



You may not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, or to any other services offered on or through the website by hacking or any other illegitimate means. 



You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the website or aquaskin®'s systems or networks, or any systems or networks connected to the website.

Copyright/Trademark Information

The content of the aquaskin® website including images, logos, indicia, text, and unique method of showcasing products is subject to copyright. Permission to use documents delivered from this website and/or server and related graphics is restricted. The aquaskin® name, logo or any of its product names, trademarks or logos appearing on the website may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from aquaskin®. The information contained in this website is subject to change without notice. The Company is not responsible for typographical, technical, or descriptive errors herein.

Indemnification

You must indemnify and hold aquaskin® and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify aquaskin® under this Section, the Company will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without aquaskin®'s express written permission.

Limitation of Liability

aquaskin® MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. 



TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AQUASKIN® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. aquaskin® WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS AND CONSEQUENTIAL DAMAGES. 



Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, aquaskin® does not accept any liability for any damage or injury caused by the use or misuse of products purchased from us. 



aquaskin®'s Warranty does not cover in transit damage; failure to comply with the original suppliers warranty; willful abuse or misuse. This warranty is voided if the goods have received maltreatment, inattention, interference of any kind. aquaskin®'s responsibility does not cover any products used in breach of manufacturer warranty, any loss or damage caused by products not used according to product instructions, consequential damage or incidental damages, personal injury, lost profits, lost savings or other economic damages, intentional acts, war, hostilities, terrorism or vandalism or acts of god.

aquaskin® sells products by specification and makes no specific claims in terms of the efficacy or otherwise of any of its products.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of New South Wales, Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without aquaskin®'s prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales where applicable.



© Aquaskin Australia Pty Ltd. 2017.