The following terms and conditions, together with our client consent form and Privacy Policy govern purchases made through Balense Skincare Pty Ltd and constitute the entire agreement between the contracting parties (‘Agreement’).  All purchases of our Products will be governed by the Agreement in force as at the date the purchase is made.  By making a purchase, you agree to be bound by the Agreement in force on the date of purchase.  Our right to vary the Agreement does not extend to provide us with the right to vary pricing of any prepaid Products once we have received payment for a Product.  If you are uncertain about any of the terms of the Agreement, please contact us before the completion of any purchase. 

Please consult with your own physician or health care practitioner regarding the use of any goods, Products or information received from us before using or relying on them.  Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. 

REVIEW OF TERMS 

The Agreement is subject to change from time to time without notice.  Past terms and conditions and Privacy Policies can be accessed on request by written notice to us.  You can make this request by emailing customercare@balenseskin.com.au. 

ADVICE AND INFORMATION 

The advice and information contained within or accessible by you on our website (‘Information’) is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. 

The statements made about Products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals.  The statements and Products are not intended to diagnose, treat, cure or prevent any condition or disease. 

Use of the Information is not meant to serve as a substitute for professional medical advice.  Please consult with your own physician or health care practitioner regarding the use of any of our Products, or the Information before using or relying on them.  Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. 

While we make every effort to ensure that the Information is correct, to the extent permitted by applicable law, we do not warrant that the Product descriptions, colours, ingredients, information, or other content available in our clinics on or via our website is accurate, complete, reliable, current, available or error-free.  We take no responsibility for any loss or damage arising from use of information or reliance on advice. 

Reference to any Products, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Aesthetics Skincare. 

PRODUCTS AND ORDERS 

All orders placed by you are an offer of purchase and are subject to acceptance by us.  If an order is not accepted a full refund will occur at the earliest possible convenience.  We reserve the right to refuse an offer for any reason. 

The Products we make available for purchase, including any samples we may provide to you, are for personal use only. You may not sell or resell any Products you purchase or otherwise receive from us. 

Without limiting the above, we reserve the right to refuse or reduce the quantity of any orders that we reasonably believe are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by us in our sole discretion. 

Except where prohibited by law, we may limit the number of Products available for purchase by any one customer, including without limitation so that as many customers as possible may enjoy our Products. 

In the event of the requested Products being unavailable, we may cancel the transaction and effect a full refund. 

USE OF PRODUCTS 

By purchasing our Products, you acknowledge that you are bound by these terms and conditions and agree to use the Products only for their intended purpose and strictly in accordance with the Products instructions, precautions and guidelines.  Any other use will cause you to assume full responsibility for any loss or damage arising from their use.  Questions as to use can be directed to us by emailing customercare@balenseskin.com.au. 

You should always check the ingredients of products to avoid potential allergic reactions. You should always patch test new products to your skincare regime on a small patch of skin such as on the inner arm/inner elbow for 7 days prior to full use on the face and/or body 

If any minor uses any Product purchased through us it should be only after the parent or legal guardian has discussed the Product with the minor’s doctor. 

ALLERGY 

You hereby acknowledge and agree that Aesthetics Skincare  and all of its Related Bodies Corporate, franchises, affiliates, officers, directors, employees and agents shall not be liable with respect to, and you hereby waive, release, and agree not to take action against any of them upon, any claim for any loss or harm suffered or incurred by you in connection with, arising out of, or in any way related to, an allergic reaction you suffer as a result of our Products unless that allergic reaction is caused by our gross negligence or wilful default. 

PRICES & PAYMENT 

All prices listed in our clinics and on our website are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable). 

The prices indicated may be changed at any time without advance notice.  However, the Products shall be charged at the rate in force when your order was validated. 

Where you pay by payment card, you warrant that you have the necessary rights to use the payment card and that you are fully authorised to use it to pay for the order.  You also warrant that this payment card provides access to sufficient funds corresponding to the total cost of the order.  Failing this, we reserve the right to cancel the sale.  We are under no obligation to ship any goods ordered until payment in full for those goods has been received. 

PRE-AUTHORISATION  

When you make a purchase on our website by credit card, we may conduct a pre-authorisation on your credit or debit card for a portion of the purchase price.  Once the pre-authorisation is processed, we will then instruct your financial institution to cancel the pre-authorisation.  Please note that no funds are taken from your account at pre-authorisation, but a temporary ‘hold’ is placed on them.  Once we have cancelled the pre-authorisation, it may take up to 7 days for your financial institution to release the funds before you are able to access them. 

CREDIT CARD STORAGE 

If you purchase Products through our website, we may store your credit card details.  If you purchase a Product from us, you agree to the storage of those details. However, if you are at all concerned with the potential security of this secure storage process, you may request that we do not store this information. 

REFUND POLICY 

Generally, refunds will not be provided for Products purchased from us.  We will provide refunds of Products sold to you where we are required to do so by Australian Consumer Law, including: 

• for any Products purchased which we are unable to provide to you; 

ADVERSE REACTION POLICY  

We take pride in all of our products. In the unlikely event that you experience a side effect, we will require up to 12 weeks to investigate your concern.  We require your full co-operation during this time, which may include weekly consultations for assessment as advised by our trained technician. 

PROVISION OF INFORMATION 

In order for us to provide our Products to you, you may be required to complete and submit a client consent form.  In some cases, we may be able to provide a limited range of products to you if you do not wish to provide the information required to complete a client consent form, however we retain the right to refuse to provide our Products to you in our absolute discretion. 

In order to complete the client consent form, you will be required to provide us with a range of information about yourself including without limitation information about your health, medical conditions, treatment history, family health history, diet and lifestyle.  By completing the client consent form, you warrant and represent that the information you provide to us is true and correct in all material respects and that you have provided all relevant information.  Further, you acknowledge and agree that we accept no liability for any loss or damage that you suffer as a result of providing us with incorrect information or in connection with a failure to provide us with all relevant information in the client consent form. 

PRIVACY 

We collect personal information directly from clients or potential future clients when they personally complete and submit a client consent form, purchase Products from us, or use our website. 

We collect personal information when a Product is purchased in order to provide the requested Product, provide updated information, and advise which other Products may be of interest to you.  You do not need to provide us with personal information, however this may result in us being unable to provide a Product to you. 

You acknowledge the basis on which (and purposes for which) we may collect your personal information and authorise such collection in accordance with the terms of our Privacy Policy from time to time.  You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details.  You agree not to provide misleading, deceptive or false information and that you indemnify us against any claims made against us as a result of your non-compliance with these terms. 

For more information about how we deal with your personal information, please review our privacy policy on our website. 

SENSITIVE INFORMATION 

We may collect information disclosed to us about your physical and mental health and well-being (‘Sensitive Information’). 

We will only ever use Sensitive Information for providing Products to customers.  Sensitive Information will not be used or disclosed for any other purpose without consent, except where disclosure may be required by law or is necessary to protect the rights or property of Aesthetics Skincare, a related company, any member of the public, or to lessen a serious threat to a person’s health or safety. 

BREACH AND TERMINATION 

If, in our reasonable opinion, you have breached any provision of this Agreement we may immediately issue a warning or temporarily suspend or permanently prevent your access to any or all of our clinics and/or all or parts of our website. In any event, we may terminate the Agreement (and your rights to use our website) at any time and for any reason without prior notice to you. 

BALENSE SKINCARE GIFT VOUCHERS  

The following conditions apply to the use of gift vouchers issued by Balense Skincare.  By purchasing or using a gift voucher/gift card with us you agree to be bound by these conditions. 

Our gift vouchers: 

• are redeemable only for merchandise sold by us and only prior to the date of expiry; 
• expire 36 months after date of purchase and will be void and no longer redeemable after that date; 
• must have the serial number printed on the voucher in order for the voucher to be valid. We may permit you to use a gift voucher without the original voucher if you have the serial number, however we may refuse to do so in our absolute discretion; and 
• cannot be redeemed for cash, returned for a refund, have their balances consolidated to a new gift voucher, or be replaced after expiry. 

After a gift voucher has expired, it is no longer valid and all transactions attempted using the voucher will be declined.  Upon expiry of a gift voucher all of Aesthetics Skincare’s obligations to redeem unused value for merchandise or Treatments are automatically satisfied in full and fully discharged. 

You should treat a gift voucher like cash. Defaced, mutilated, altered, lost or stolen gift vouchers will not be replaced, refunded or redeemed. 

Purchases exceeding the available balance will require the difference to be paid by other means. 

Anyone holding the gift voucher can use its value to make purchases so your gift voucher should be kept secure.  If your gift voucher is lost or stolen, you should immediately report this to Aesthetics Skincare.  We may be able to stop gift voucher value being used, but we take no responsibility and are not liable for any loss suffered by you as a result of a lost or stolen gift voucher. 

We may replace a faulty, lost or stolen gift voucher in our absolute discretion.  Any replacement gift voucher will have the same unused value (at the time of replacement) and expiry date.  Gift vouchers will be void if they are defaced, mutilated, altered or tampered with in any way.  We may subject gift vouchers to verification and security checks in our absolute discretion. 

We may cancel any gift voucher, or the gift voucher scheme, for any reason at any time without notice.  If so, we may either provide a refund or a replacement gift voucher of equivalent value unless we reasonably suspect fraud in relation to a gift voucher. 

INTELLECTUAL PROPERTY 

All contents included in our clinics or on our website, including without limitation text, icons and graphics are owned or licensed by us or our suppliers and are protected by Australian and international intellectual property laws.  All Product and company names and logos mentioned on our website are the trademarks, Treatment marks or trading names of their respective owners, including us.  You may download material from our web site for the sole purpose of using it as an information resource in connection with our Products.  However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to, text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.  Nothing in these terms and conditions constitutes a transfer any intellectual property rights.  

LIMITATION OF LIABILITY 

To the full extent permitted by law, we make no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any Product supplied by us. 

Where legislation implies into this Agreement any condition or warranty that cannot be restricted or modified, our liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at our option, one or more of the following: (a) replacement of the Products, the repair of the Products , or the supply of equivalent Products; (b) repayment of any part of the price of the Products supplied; or (c) payment of the costs of replacing or repairing the Products or acquiring equivalent Products. 

This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any Products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified. 

LIMITATION OF LIABILITY WEBSITE 

You agree that, to the fullest extent permitted by law, we will not be responsible or liable in relation to your use of any website of Aesthetics Skincare (‘Sites’) (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to our website; (c) data non-delivery, mis delivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of our website, including through or in relation to a hyperlink to or from third-party websites; (e) any inaccuracies or omissions in content, or (f) events beyond our reasonable control. 

You agree to defend, indemnify and hold harmless Balense Skincare  (and each of their officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the Sites; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of our website. 

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the Sites or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability to you (or anyone claiming through you) exceed one hundred dollars ($100.00). 

APPLICABLE LAW AND JURISDICTION 

All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the laws of the state in which you purchase Products from us.  By purchasing Products from us you submit to the jurisdiction of the courts of Australia and where applicable the court of the state in which you purchase those Products or Treatments and you agree that any legal action will only be commenced in these forums. 

GENERAL 

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. 

30-Day Returns Policy 

We want you to be completely satisfied with your purchase. In the unlikely event, one of our products does not meet your expectations; we will be happy to offer you a replacement, refund, or exchange for: 

Change of Mind 

If you’ve had a change of heart about an item you have ordered, we’ll need to receive it back to us unopened and unused, in the original and undamaged packaging at your own expense. 

Faulty Item 

If the item you have received is faulty, please get in touch with us on customercare@balenseskin.com.au with a detailed description of the product fault, and a photo if possible. 

Allergy Return 

In the rare instance you’ve had an allergic reaction to a product, please take a photo of the reaction and discontinue use of the product immediately. Use cool water compresses to reduce inflammation. Allergy returns must be less than 20% used upon arrival back with us. 

Incorrect Item/Damaged on Arrival 

If you have received an item that isn’t what you ordered, or it arrived damaged, please take a photo, and contact us within 7 days of delivery. Contact us on customercare@balenseskin.com.au. 

INTERPRETATION 

‘Balense® Skin ; Balense;  ‘we’, ‘our’ or ‘us’ means any or all of the following entities as the context requires: Aesthetics Skincare Pty Ltd ABN 78 628 532 150; Aesthetics Rx; Balense Skincare. 

‘Products’ means any skincare and beauty products offered for sale by Balense® Skin ABN 78 628 532 150