Terms & Conditions
IPSUM Skin Site Terms and Conditions of Use
1. About the Site
1.1 Welcome to (the 'Site'). The Site is operated by IPSUM Skin Pty
Ltd (ACN 628 603 814) (‘IPSUM Skin’).
1.2 IPSUM Skin is a supplier of COSMOS-certified face and body oils. IPSUM Skin also supplies other skin care products which are non-COSMOS certified, wholly natural and comprised of organic ingredients.
1.3 COSMOS-certified products are produced to the highest standards for organic and natural cosmetics.
1.4 The Site provides you with an opportunity to browse and purchase various products, that have been listed for sale through the Site (the 'Products'). The Site provides this service by granting you access to the Products on the Site (the 'Purchase Services').
1.6 IPSUM Skin reserves the right to update these Terms at any time. Any changes to the Terms take immediate effect from the date of their publication.
2. Your use our Site
2.1 As a condition of your use of our Site and access to our Purchase Services, you warrant that you are a person authorised to enter into a legally binding contract if you are purchasing our Products.
2.2 We retain the right in our sole discretion to deny anyone access to this Site or our Purchase Services, at any time and for any reason.
3. Registration and Acceptance
3.2 You acknowledge that IPSUM Skin may reject your application for a Member Account or cancel an existing Member Account, for any reason, in our sole discretion.
3.3 You must be 18 years or older, or be of legal majority in your country of residence, to purchase Products through our Site and use our Purchase Services. You must not register for a Member Account or use the Purchase Services if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Purchase Services under Australian law or any other country in which you are a resident.
3.4 As part of the registration process for a Member Account or use of the Purchase Services, you will be required to provide us with personal information including but not limited to:
(a) your name;
(c) mailing address;
(d) a telephone number;
(e) a preferred username and password for a Member Account (‘Login Details’);
(f) and any other information indicated as required.
3.7 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.
3.8 You warrant that your Registration Data is accurate, correct and up to date. You must not submit any Registration Data that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a Member Account or any Orders for our Products.
3.9 If your Registration Data changes, you must promptly update your Member Account to reflect those changes. IPSUM Skin may undertake additional inquiries to confirm the accuracy of your Registration Data but is not obliged to verify Registration Data. It is your responsibility to ensure that your Registration Data is accurate and that you keep your Registration Data up to date.
3.11 You are responsible for keeping your Login Details secure. Members acknowledge that they are entirely responsible for all activities that occur under their Login Details. IPSUM Skin will not be liable for any loss or damage from your failure to maintain the security of your Login Details. You agree to immediately notify IPSUM Skin of any unauthorised use of your Login Details or any other breach of security known to you.
3.12 You acknowledge that IPSUM Skin will use the email you provide as the primary method for communication and agree to receive e-newsletters from IPSUM Skin which will always have an unsubscribe function at the foot of the e-newsletter.
3.13 You are responsible for maintaining, protecting and making backups of your Registration Data. To the extent permitted by applicable law, IPSUM Skin will not be liable for any failure to store, or for loss or corruption to your Registration Data.
3.14 We may from time to time by notice on our Site vary our catalogue of available Products, the prices for our Products or offer additional products and services.
4. Your Obligations
4.1 As a Member of our Site, you agree that:
(a) you have the sole responsibility for protecting the confidentiality of your password and email address. Use of your password by any other person may result in the termination of your right to access the Purchase Services;
(b) any use of your registration information by any other person, or third parties, is not permitted. You agree to promptly notify IPSUM Skin of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(c) access and use of the Site and your Member Account is limited to you only and non-transferable;
(d) you will use the Purchases Services only for the purposes that are permitted by these Terms and in accordance with any applicable laws;
(e) commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site without notice.
4.2 IPSUM Skin may without notice terminate your Member Account and your access to the Purchase Services including any Registration Data in it or associated with it:
(a) at any time for a breach of your obligations or any other part of these Terms in the sole discretion of IPSUM Skin; or
(b) if there is no account activity associated with your Member Account for over 12 months.
5. Purchase of Products
5.1 By using the Purchase Services to purchase our Products, you agree to the payment of the purchase price listed on the Site for the Products from time to time (the 'Purchase Price').
5.2 Our fees for the Purchase Price are in Australian Dollars (AUD) unless otherwise stated on our Site. We will be entitled to add on GST for any supply in Australia.
5.3 We ship our Products to various overseas destinations which will be listed on our Site from time to time. We reserve the right to update this list at any time.
5.4 Payment of the Purchase Price may be made through one of the following third-party providers:
(b) Mastercard, Visa
(the 'Payment Gateway Providers')
5.6 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 if payment is declined by your bank or credit card issuer. You are responsible for ensuring your credit card details are accurate and up to date when purchasing our Products.
5.7 When we confirm payment of the Purchase Price and accept your Order, you will be issued with a receipt to confirm that your payment has been received. You agree that IPSUM Skin may electronically store your Registration Information and your purchase details for future use.
5.8 You are responsible for any use, activities and the payments associated with your Order. IPSUM Skin reserves the right to cancel, suspend or reject an Order for the purchase of Products on the following grounds:
(a) the inability to authorise or process any payment including a credit card payment;
(b) where IPSUM Skin suspects any fraudulent activity; or
(c) if any misuse of your Member Account is detected.
5.9 IPSUM Skin 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.
6. Electronic Communications
6.1 You consent to receiving emails from us when you place an order online to process and complete the Order process.
6.2 You consent to receiving electronic communications from us for marketing purposes from which you may opt-out at any time by clicking the unsubscribe link.
7. Discounts and Promotions
7.1 IPSUM Skin advertised offers and promotions are subject to the following conditions, in addition to any terms and conditions specified under any applicable offer or upon entering the relevant code at checkout:
(a) promotions are only applicable to Products specified in the offer;
(b) you must be logged in to your Member Account to use a unique Member promotion code;
(c) IPSUM Skin 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;
(d) we reserve the right to end any promotions, sales or discount offers at any time.
8. Postage and Shipping
8.1 You must make payment for the Products in full before we will dispatch the Products.
8.2 We ship within Australia and to the overseas countries listed on our Site. Please contact us by email if you require shipping to a country that is not listed on our Site, though we do not guarantee the availability of international shipping destinations.
8.3 Postage and shipping costs are at your expense. The Purchase Price on our Site for Products is not inclusive of shipping and handling charges unless otherwise depicted.
8.4 You acknowledge that our Products integrate delivery (the 'Delivery Services') through third-party delivery companies (the 'Delivery Service Providers').
8.5 In supplying the Products, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services. You agree that IPSUM Skin 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.
8.6 In the event that your Product is lost or damaged during the Delivery Services, IPSUM Skin asks that you contact us by sending an email to email@example.com outlining in what way the Products were damaged in transit, so we can contact the Delivery Service Provider directly to make a claim and to determine if the Delivery Service Provider should be removed as a supplier.
8.7 For locations in Australia, please allow 4 business 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 10 business days.
8.8 For international shipping destinations (outside of Australia), please allow 10 business 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 20 business days.
8.9 The cost of any delivery and shipping will be automatically calculated for you at checkout on our Site.
8.10 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.
8.11 You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.
8.12 You are responsible to make all arrangements necessary to take delivery for the Products otherwise IPSUM Skin will be entitled to charge a reasonable fee in the event that redelivery is required. 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.
8.13 You are liable for any postage and shipping costs associated with a refund unless you are legally entitled to claim reasonable postage or transportation costs.
9.Title and Risk
9.1 Title to the Products shall remain with IPSUM Skin until you have paid the full invoice price for the Products.
9.2 The risk in the Products will pass from IPSUM Skin to you at the time of delivery of the Products or into the custody of anyone acting on your behalf whichever is sooner. From that time on, you assume all risk of loss and damage to the Products.
10. Returns and Refund Policy
10.1 Returns and refunds will be processed in accordance with the Australian Consumer Law.
10.2 It is your responsibility to inspect your Products on delivery. Should your Products be defective upon receipt or not match the description, IPSUM Skin will in its discretion offer a refund or replacement of the Products in accordance with its obligations under the Australian Consumer Law.
10.3 For defective merchandise, you must contact us at 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.
10.4 You are responsible for returning the Products to IPSUM Skin. 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 defect.
10.5 You agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
10.6 Returns will only be considered for Products in original condition and in original packaging where the Product packaging is unopened and remains in a saleable condition. Products that have been modified or excessively handled will not be accepted as a return. No refund will be granted for Products that have been used, modified or damaged or used in a manner or purpose for which the Product was not intended.
10.7 Returns or refunds are made in our discretion subject to any guarantees that can not be excluded under the Australian Consumer Law.
10.8 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.
11. Service Obligations
11.1 IPSUM Skin must ensure that the Products are of merchantable quality.
11.2 IPSUM Skin will supply the Purchase Services in a good, proper and professional manner and in accordance with relevant Australian industry standards, best practice and guidelines.
12.1 IPSUM Skin Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product.
12.2 This guarantee does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) inadequate storage;
(c) Product not being used in accordance with the applicable directions;
(d) lack of correct maintenance;
(e) Product being modified in anyway;
(f) Product used in a manner or purpose for which the Product was not intended;
(g) damage to Products due to events out of our control including Force Majeure
once the Products are delivered to you.
12.3 IPSUM Skin does not give any warranty or representation of any kind in relation to any Products supplied under these Terms.
12.4 You agree that specific results cannot be guaranteed for the Products. It is your responsibility to determine that the Product meets your needs or is otherwise suitable for the purposes for which it is used.
13. Health Information
13.1 This Site may contain information about medical and health conditions.
13.2 This information is provided for general purposes only and is not a substitute for independent, professional or medical advice and you should seek appropriate advice relevant to your particular circumstances.
13.3 Do not use the information provided on this Site or the Products and Purchase Services to diagnose, or treat, a medical or health problem, or to prescribe a medication or other treatment. Always speak to your doctor or health care professional if you have or suspect that you have a medical or health condition.
13.4 All Products should be used strictly in accordance with their instructions, precautions and guidelines. Each Product should be spot tested to see if any allergic reactions occur. Please refer to the Product ingredients to see if you may have an allergic reaction to the Product.
13.5 In the event of an allergic reaction, please discontinue use of the Product (s) and seek medical advice.
14. Copyright and Intellectual Property
14.1 The intellectual property rights in or related to the Products or any of its documentation vest in IPSUM Skin or IPSUM Skin has the right to use the intellectual property rights.
14.2 The material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Site (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') vest in or are licensed by IPSUM Skin or its contributors.
14.3 Nothing you do on or in relation to the Site will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of IPSUM Skin; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a product, system or process or material that is the subject of a patent, registered design or copyright.
The Site or any part of it (including, without limitation, any content or images) must 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.
14.4 You may not, without the prior written permission of IPSUM Skin and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content.
14.5 The intellectual property in our Products including any patents, trade marks, service marks, trade names, designs or copyright and any other proprietary designations are owned, registered or licensed by us.
14.6 You must not use any of our trademarks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours; or
(c) in a manner which may be confusing, misleading or deceptive.
Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
14.7 Your obligations under this clause survive termination or expiry of these Terms.
15. General Disclaimer
15.1 You acknowledge that IPSUM Skin does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
15.2 IPSUM Skin will make every effort to ensure a Product is accurately depicted on the Site, however, you acknowledge that colours and packaging may differ from what is displayed on the Site.
15.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
15.4 None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of IPSUM Skin (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about the Content on the Site or any products or services (including the Products or Purchase Services of IPSUM Skin) referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Site, the Purchase Services, or any of its Content (including third party material and advertisements on the Site);
(c) costs incurred as a result of you using the Site, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Site; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
16. Limitation of Liability
16.1 You agree that IPSUM Skin, its affiliates, employees, agents, contributors, third party content providers 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. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
16.2 This exclusion of liability includes without limitation:
(a) the completeness, truth, suitability, quality or accuracy of the information or Products descriptions published on our Site (including third-party material and advertisements);
(b) that the information on the Site is up to date; or
(c) any of the Products on the Site will remain available.
You accept that we take no responsibility for any error or omission relating to the Content on the Site.
16.3 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:
(a) for any claims relating to these Terms, to the Purchase Price of the Products;
(b) in the case of 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
(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
16.4 IPSUM Skin total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of IPSUM Skin is the resupply of information or Purchase Services to you.
16.5 You acknowledge that IPSUM Skin does not provide the Delivery Services to you and you agree that IPSUM Skin will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
17. Termination of Contract
17.1 The Terms will continue to apply until terminated by either you or by IPSUM Skin asset out below.
17.2 If you want to terminate the Terms, you may do so by:
(a) notifying IPSUM Skin at any time; and
(b) closing your accounts for the Purchase Services.
Your notice should be sent, in writing, to IPSUM Skin via the 'Contact Us' link on our homepage.
17.3 IPSUM Skin may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or IPSUM Skin reasonably suspects that you intend to breach any provision;
(b) IPSUM Skin is required to do so by law;
(c) the partner with whom IPSUM Skin offered the Purchase Services to you has terminated its relationship with IPSUM Skin or ceased to offer the Purchase Services to you; or
(d) IPSUM Skin is no longer providing the Purchase Services to users in the country in which you are resident or from which you use the service.
17.4 The termination of these Terms will not affect any rights or obligations of either party that are expressly intended to survive the termination of these terms.
18.1 You agree to indemnify IPSUM Skin, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) any breach of the Terms;
(b) 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 any Content you post on the Site;
(c) any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so.
19. Dispute Resolution
19.1 Compulsory process. A Party must 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.
19.2 Notification. A Party claiming that a Dispute has arisen must notify each other Party to the Dispute giving details of the Dispute.
19.3 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.
19.4 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) a mediator agreed on by the Disputants; or
(b) 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.
19.5 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.
19.6 Information. Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
19.7 Costs of mediation. Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.
19.8 Location, timing and attendance. The mediation will be held in Sydney, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative
19.9 Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
19.10 Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.
In the event of any dispute arising out of or in relation to the Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
21. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
The failure of IPSUM Skin to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.
25. Advertising and Links
25.1 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.
25.2 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.
26. Reviews and Social Media
26.1 Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews, comments and suggestions for improvements (collectively "Material") to our Site and our Products. You may submit Material by emailing us at firstname.lastname@example.org.
26.2 Subscriber grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that Subscriber own or control to use, copy, modify, publish, display, create derivative works based upon and otherwise use the Feedback and Marketing for any purpose, including (but not limited to) media publicity and advertising, promotional and review purposes.
26.3 You represent or warrant that you own or otherwise control all of the rights to the Material that you submit to us.
27. Public Statements
You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to IPSUM Skin without our prior written permission.
28. Our Details
28.1 This Site is operated by IPSUM Skin Pty Ltd (ACN628603814).
28.2 Our address for notices is at PO Box 83 BALMAIN NSW, Australia.
28.3 You can contact us:
(a) by post, using the PO Box address given above;
(b) by telephone, on the contact number published on our Site from time to time;
(c) by email, using the email address published on our Site from time to time.
© 2018 IPSUM Skin Pty Ltd. All Rights Reserved.
Terms updated 1 October 2018.