Terms and Conditions
Online Terms and Conditions1. General
1.1 The Site is St Derma Pty Ltd’s website, http://www.stderma.com.au, below referred to as “us” or “we”).
1.2 Your access to and use of the Site, including your orders and purchases of Products through the Site, is governed by these terms and conditions.
2.1 You agree to be bound by, and comply with, these terms and conditions.
2.2 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
2.3 You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
3. Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be 18 years or older to purchase Products through the Site. St Derma reserves the right to refuse service, terminate accounts and/or remove or edit content if St Derma, acting reasonably, deems that the customer is acting in breach of these terms and conditions or is using the Site in a fraudulent or improper manner. St Derma also reserves the right to otherwise cancel orders in accordance with our listed conditions.
4. Placing an order for Products
4.1 You may purchase Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges, fees and taxes) at the time you place the order, on the terms and conditions set out in these Terms and Conditions.
4.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
4.4 You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.
5. Acceptance or rejection of an order
5.1 In certain circumstances, we may need to reject your order, including but not limited to where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
5.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
(a) supply the Products in that order to you in accordance with these terms and conditions and, where relevant; and
5.3 If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
7. Delivery of Products
7.1 We will only deliver Products ordered through the Site to a location where we provide delivery services through Australia Post. You may receive multiple deliveries when it is required by Australia Post or otherwise necessary. We or Australia post may need to contact you to arrange a delivery date for certain reasons.
* We only deliver to addresses in Metro Areas of Australia, please refer to Australia Post for areas that is listed as Metro if unsure.
7.2 You may obtain further information with Australia Post about our delivery timeframes and how they deliver certain Products. The Delivery Fee for your order is provided by Australia Post and St Derma does not warrant the accuracy of the pricing. The delivery fee may vary from time to time, or after the order has been placed.
7.3 You agree to comply with certain delivery requirements specified in this Terms and Conditions and such other requirements that we notify you after you have placed your order through the Site.
7.4 An appropriate person must be present to accept the delivery of your order.
7.5 We or Australia post may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification).
7.6 If the order is undeliverable for 14days or more, St Derma will not be liable for any further cost or charges may have occurred. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
a) Acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order; and
b) Acknowledge and agree that St Derma is not liable for products that is damaged or lost by Australia Post
8. Cancelling an order
8.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that order are not available; or
(b) there is an error in the price or the product description posted on the Site for the Product in that order; or
(c) your order has been placed in breach of these terms and conditions.
8.2 If we cancel any part of an order in accordance with:
(a) Clause 8.1(a) or 8.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. If any payment has been taken, then the full payment amount, including the delivery fee and any other fees and charges, will be refunded to your original payment method or through an alternative means.
(b) Clause 8.1(c) (where you are in breach of these terms and conditions): we will provide you with reasonable notice of that cancellation. Provided we are not also in breach of these terms and conditions, a cancellation fee of the lesser of $25 or the value of the payments made will apply. If any payment has been made in excess of $25, we will refund that excess amount to your original payment method or through an alternative means.
9. Fees and charges
9.1 We will charge you, and you agree to pay the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
9.2 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
9.3 The purchase price of each Product is shown on the Site at the time you place your order.
9.4 Our prices for Products may change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the Site for the Product in that order), once we have accepted your order, we will not change any prices that apply to the Products in that order.
9.5 If you cancel an order then we will refund any amounts paid by you for that cancelled order in accordance with our Return Policy.
10. Payment methods
10.1 We currently accept payments via PayPal. You do not need a PayPal account to pay via PayPal. You can use your credit card, bank account or PayPal account balance to pay us.
PayPal is secure and compliant with all financial regulations in Australia. You will be directed to the PayPal website to process the payment to us. We do not see any credit card details of payments made via PayPal.
For more information about PayPal go to www.paypal.com.au
10.2 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
10.3 We do not govern any issues that arise between you and PayPal during making payments to us.
11. Damaged Products and returns
11.1 If you change your mind for any reason or have made a wrong selection, we will gladly accept the return of your goods for exchange or refunds only if it is returned in the exact condition which it was received by you within 14 days of your receipt of the goods. We recommend sending your return via a trackable method of postage to ensure that it gets to us.
11.3 Only the product cost is refundable if St Derma has accepted the return order.
11.4 Delivery charges are non-refundable.
12.1 Our goods are not TGA and NICNAS listed because there are no required ingredients which are currently listed according to Australian law. Some imported ingredients may have already been approved by NICNAS or its relevant government body at time of Importation.
(a) you acknowledge that the Site is provided "as is to our description" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
12.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
14. Changes to these terms and conditions
Changes to these terms and conditions are at St Derma’s discretion and we recommend that you read these terms carefully each time you agree to them during the ordering process.
15. Your privacy
We may collect personal information such as your name, address and contact details, primarily for the purpose of and incidental to selling and promoting our products and services to you in the form of a newsletter.
We collect personal information directly from you. If you do not provide this information in whole or in part, we may not be able to provide you with the newsletter requested, or the services you require.
We will not disclose your personal information and treats the information as confidential.
16.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
16.2 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
17. Product Descriptions
17.1 St Derma attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
Delivery Address means the address specified by you during the checkout registration process for the delivery of Products that we will supply to you under these terms and conditions.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).
Product means each good that is listed on the Site.
Site means our website at http://www.stderma.com.au