ABL Skincare

Terms & Conditions

Draft. Under legal review.

Welcome to ABL Skincare. These Terms & Conditions govern your use of our website at https://www.ablskincare.com.au and your purchase of products from us. By accessing our website, creating an account or placing an order, you agree to these Terms & Conditions.

Last updated: [DATE]

1. About us

This website is operated by:

Legal name: ABL Skincare Pty Ltd
Trading as: ABL Skincare
ABN: 85 702 933 159
ACN: 702 933 159
Address: 75 King Street, Caboolture QLD 4510
Website: https://www.ablskincare.com.au
Email: info@ablskincare.com.au

2. Eligibility and accounts

To purchase from this website you must be at least 18 years of age, or have the consent and supervision of a parent or guardian who accepts these Terms on your behalf.

If you create an account, you agree to provide accurate and current information, to keep your login details secure, and to tell us promptly if you believe your account has been accessed without your authorisation. You are responsible for activity under your account where that activity results from your failure to keep those details secure.

We may suspend or close an account where reasonably necessary, including where information provided is materially inaccurate, where we reasonably suspect fraud or unauthorised use, or where these Terms have been breached. You may close your account at any time by contacting us.

3. Website use

You agree to use this website only for lawful purposes. You must not misuse the website, attempt to gain unauthorised access to the website or its systems, introduce malicious software, interfere with website functionality, or use our content or intellectual property without permission.

We may suspend or restrict access to the website where reasonably necessary for security, maintenance or legal compliance.

4. Privacy

We collect and handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Our Privacy Policy forms part of these Terms and explains what we collect, why we collect it, who we disclose it to, and how you can access, correct or complain about our handling of your personal information.

5. Product information

We aim to ensure that product descriptions, images, ingredient information, pricing and other information displayed on our website are accurate and current.

Product appearance, colour, texture and packaging may vary slightly between batches or from images displayed online. Ingredient lists may be updated when formulations change. Customers should always check the ingredient list and directions supplied with the physical product before use.

6. Product imagery

Images on this website are for illustration only. Some product images are digitally created or digitally enhanced representations of the product rather than unretouched photographs. Colour, finish, texture, fill level and packaging may differ from the images shown and may vary between batches. The ingredient list and directions supplied with the physical product prevail over anything shown or described on this website.

7. Skincare information

Information provided on this website is general information only. Our cosmetic skincare products are intended to cleanse, condition, moisturise, protect or improve the appearance of the skin or hair as described on the relevant product page.

Information on our website is not intended to diagnose, treat, cure or prevent any disease or medical condition and should not be treated as medical advice.

8. Patch testing, skin sensitivity and adverse reactions

Cosmetic skincare products can cause irritation or an allergic reaction in some people, including people who have used similar products without difficulty.

Before first using a product, we recommend you apply a small amount to an area of skin such as the inner forearm and leave it for 24 hours. Introduce one new active product at a time rather than several together, and follow the directions and any warnings supplied with the product.

If you experience irritation, a rash, swelling or any other adverse reaction, stop using the product immediately, and seek medical advice if the reaction is severe or does not settle. We ask that you also notify us at info@ablskincare.com.au so we can record the report and respond appropriately. Reporting a reaction to us does not affect your rights under the Australian Consumer Law.

9. Pregnancy, medical conditions and professional advice

If you are pregnant, breastfeeding, planning a pregnancy, have a skin condition, or are using prescribed topical or oral treatments, we recommend you consult your doctor, dermatologist or pharmacist before using our products. This applies particularly to retinol and other active ingredients.

Information on our website is general information only and is not a substitute for advice from a qualified health professional.

10. Orders

Submitting an order constitutes an offer to purchase the selected products. We reserve the right to decline or cancel an order where reasonably necessary, including where:

If we cancel an order after payment has been received, we will refund the applicable amount.

11. Availability, partial fulfilment and backorders

All products are subject to availability. If part of your order is unavailable we may, acting reasonably, ship the available items and refund the balance, hold the order until it can be filled in full, or contact you to agree an alternative. We will tell you which course we are taking before we take it, unless you have already asked us to ship partial orders.

12. Changes and cancellation by you

If you need to change or cancel an order, contact us at info@ablskincare.com.au as soon as possible with your order number. We will do what we reasonably can, but once an order has been dispatched we cannot change or recall it. Orders already dispatched are dealt with under our Returns, Refunds & Exchanges Policy and the Australian Consumer Law.

13. Pricing

All prices are displayed in Australian dollars (AUD) and include GST.

Shipping charges, where applicable, will be displayed before checkout. We may change prices from time to time. Changes will not affect orders already accepted by us.

14. Payment

Payment must be made using one of the payment methods available at checkout. Orders may not be dispatched until payment has been successfully processed.

If you pay using a buy now, pay later service such as Afterpay, your use of that service is also governed by that provider's terms.

15. Promotions and discount codes

Promotional offers may be subject to separate conditions, including expiry dates, minimum spends, eligible products and exclusions. Unless expressly stated otherwise, discount codes cannot be combined.

We reserve the right to withdraw or amend promotions where reasonably necessary, provided this does not affect rights already acquired by customers.

16. Shipping

We currently deliver within Australia only.

Orders are shipped in accordance with our Shipping & Delivery Policy. Delivery timeframes are estimates unless expressly stated otherwise.

17. Risk and title

Risk in the products passes to you on delivery to the address you gave us, or to a person at that address who accepts delivery. Title in the products passes to you when we have received payment in full.

18. Returns and consumer guarantees

Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded.

Please see our Returns, Refunds & Exchanges Policy for further information.

19. Product recalls and safety notices

If we identify a safety issue with a product we may issue a recall or safety notice. Where we hold your contact details and the affected product was supplied to you, we will contact you using those details, and we will publish the notice on this website. Please follow the instructions in the notice. Recalls do not affect your rights under the Australian Consumer Law.

20. Marketing communications

We will only send you marketing communications where you have consented to receive them, or where we are otherwise permitted to do so under the Spam Act 2003 (Cth). Every marketing message will identify us and include a working unsubscribe facility. You can withdraw consent at any time using the unsubscribe link or by contacting us at info@ablskincare.com.au. Withdrawing consent does not stop transactional messages about an order you have placed.

21. Customer reviews and user content

If you submit a review, photograph, comment or other content to us, to our website or to our social media accounts, you confirm that the content is your own, that it is accurate, and that it does not infringe anyone else's rights.

You grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and display that content in connection with our products and marketing, including on our website and social media. You can ask us to stop using your content by contacting us at info@ablskincare.com.au and we will do so within a reasonable time, although we may not be able to recall content already distributed.

We may decline to publish, or may remove, content that is unlawful, misleading, offensive, or that makes therapeutic claims about our products. We do not remove or suppress genuine reviews because they are negative.

22. Intellectual property

Unless otherwise stated, the content of this website including text, branding, graphics, product photography, product names, designs and website content is owned by or licensed to ABL Skincare.

You may view and use website content for personal, non-commercial purposes. You must not reproduce, distribute, modify, commercially exploit or republish our content without permission except where permitted by law.

23. Third-party services

Our website may use or link to third-party services, including payment processors, delivery providers and social-media platforms. Third-party services are governed by their own terms and privacy practices.

24. Limitation of liability

To the maximum extent permitted by law, ABL Skincare is not liable for losses arising from misuse of our products, failure to follow product directions or use contrary to warnings supplied with a product.

To the maximum extent permitted by law, and subject always to the paragraph below, our total liability to you in connection with a product or an order is limited, at our option, to replacing the product, supplying an equivalent product, or refunding the price you paid for it. We are not liable for indirect or consequential loss, or for loss of profit, revenue, opportunity or goodwill.

Nothing in this section limits any liability or consumer right that cannot lawfully be excluded under Australian law, including the consumer guarantees under the Australian Consumer Law.

25. Force majeure

We are not liable for a failure or delay in performing our obligations where that failure or delay is caused by something beyond our reasonable control, including natural disaster, fire, flood, epidemic, industrial action, carrier failure, failure of utilities or telecommunications, or government action. We will let you know if such an event materially affects your order, and you may cancel the affected part of the order and receive a refund for it.

26. Dispute resolution

If you have a concern, please contact us first at info@ablskincare.com.au with your order number and the details, and we will try to resolve it with you directly. If we cannot resolve it, you may be able to take the matter to the consumer protection agency or tribunal in your State or Territory. Nothing in this clause prevents either of us from seeking urgent relief from a court.

27. Changes to these terms

We may update these Terms & Conditions when our business, website, products or legal obligations change. The current version will be published on this website with the date it was last updated.

28. Governing law

These Terms are governed by the laws applicable in Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from them.

29. General

Severability. If any part of these Terms is found to be unenforceable, that part is to be read down or severed and the rest of the Terms continue to apply.

Waiver. If we do not enforce a right under these Terms on one occasion, that does not waive the right on another occasion.

Entire agreement. These Terms, together with our Privacy Policy, Shipping & Delivery Policy and Returns, Refunds & Exchanges Policy, form the whole agreement between you and us about your use of this website and your purchase of products.

Assignment. You may not assign your rights under these Terms without our consent. We may assign ours in connection with a sale or restructure of the business, provided this does not reduce your rights.

Notices. We may send notices to the email address associated with your order or account. You can send notices to us at info@ablskincare.com.au.

30. Contact

ABL Skincare Pty Ltd ABN 85 702 933 159 75 King Street, Caboolture QLD 4510 Email: info@ablskincare.com.au

ABL Skincare Pty Ltd · ABN 85 702 933 159 · 75 King Street, Caboolture QLD 4510