Terms and Conditions

TERMS AND CONDITIONS

This website and its contents are owned and operated by InnovaDerma™ Aus & NZ Pty. Ltd. of Level 10, 50 Market Street, Melbourne VIC 3000, Australia.
The use of this site is governed by the following terms and conditions, as rectified from time to time by the Seller (InnovaDerma™), that apply to all sales of Product(s) by the company to the Customer.

InnovaDerma™, in sole discretion, may amend or revise these Terms of Use at any time, and by continuing to use this site, you (the Customer) consent to be bound by such revisions or modifications. Although InnovaDerma™ may attempt to notify you when major changes or updates are made to these Terms of Use, you still need to periodically review these Terms of Use from time to time to make sure you are in agreement with the latest version. If at any time you find these Terms of Use not agreeable, you must immediately leave the site and cease all use of the site and the services InnovaDerma™ offers from the site.

PLEASE MAKE SURE TO READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE AS THEY CREATE BINDING LEGAL OBLIGATIONS AND LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SITE.

1. Product Quotations, Orders and Costs
InnovaDerma™ makes every effort to be as precise and efficient as possible in the Product prices and descriptions. However, the prices may change due to circumstances beyond our control.
a. Any quotation given by InnovaDerma™ to the Customer is not an offer or obligation to sell but an invitation to treat only. InnovaDerma™ reserves the right to accept or reject any order it receives.
b. Until InnovaDerma™ accepts in writing an order submitted by the Customer, the company is not obliged to supply the Product so ordered to the Customer.
c. If the Customer defaults under these terms and conditions, InnovaDerma™ may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by the company without notice to the Customer and without being liable to the Customer.
d. InnovaDerma™ is not responsible to the Customer for a breach of its commitment to supply the Product pursuant to an order the Seller has received, or for any late delivery, if the failure to supply or the delay in delivering the Product is caused by matters beyond the reasonable control of InnovaDerma™, which is referred to as Force Majeure Event (including, without limitation, such things as acts of God, acts of government, national or international disaster, terrorist attack, war or other hostility, fire, explosion, power failure, equipment failure, lockout or strike, impossibility of the use of means of public or private transport and inability to obtain necessary supplies).
e. Under no circumstances is InnovaDerma™ liable for any significant loss or damage resulting from any breach of warranty or contract, including violation of a necessary term, and the Seller’s accountability is limited to the order price of the Product or such amount of the order price as has been paid as at the date of the alleged violation (subject to clause 8).
f. Product costs quoted in any order apply to that order only and do not apply in any other circumstances.
g. All prices include the Goods and Services Tax (GST).
h. All prices displayed on this site does not include shipping costs.
i. We charge a flat rate of AUD $15.00 for every order regardless of quantity. Applicable to orders Australia-wide. Flat rate does not apply to international deliveries. For orders outside Australia, the shipping, taxes and import duties are calculated at the time of check out, before the order is actually processed.

2. Shipping Destinations
InnovaDerma™ Aus & NZ Pty. Ltd. ships goods Australia-wide and internationally.

3. Payment
a. All transactions are processed in AUD
b. All invoices are payable within 30 days from the date of the bill.
c. InnovaDerma™ reserves the right to charge interest to the Customer with regards to overdue accounts.
d. The Customer agrees to pay InnovaDerma™ any expenses (including legal costs) obtained in collecting any outstanding debts due by the Customer to the Seller.

4. Product Risk
The risk of damage or loss to the Product passes to the Customer on the date and at the time that the Product is removed from storage for the purpose of delivery to the Customer.

5. Shipping and Delivery Policy
a. Any delivery times advised to the Customer are estimates only and InnovaDerma™ is not responsible for late or non-delivery.
b. If the Customer requests InnovaDerma™ to postpone delivery of the Product beyond the delivery date or dates specified in the order, the company may agree to do so if the Customer pays an additional fee for such postponement and for storage charges.
c. Postage & handling fees apply per order.
d. We deliver products Australia wide using Australia Post.
e. Orders are dispatched a day after the order is placed. Shipping times are estimated at between 3-7 business days depending on your location within Australia, same applies for international orders.

6. Retention of Title
a. It is expressly agreed and declared that the Product delivered by InnovaDerma™ to the Customer remains the sole and absolute property of the Seller as legal and equitable owner. However, the ownership of the Product will pass to the Customer when InnovaDerma™ receives the full payment of all sums due in respect of the Product, including its delivery cost—although such Product will be at the Customer’s risk from the time of delivery of the Product to the Customer.
b. The Customer undertakes to store the Product on its premises separately from its own goods or those of any other person and in a manner which makes the Product readily identifiable as the Seller’s Product, until the shipment of the Product to a third party.
c. InnovaDerma™ may for the purpose of examination or recovery of the Product enter upon any premises where the Product is stored or where it is reasonably thought to be stored.
d. These provisions apply notwithstanding any arrangement under which InnovaDerma™ provides credit to the Customer to the degree that there is any discrepancy these provisions exist.

7. Claims and Liabilities
a. Any claim by the Customer as to erroneous performance or breach of these terms and conditions must be made to InnovaDerma™ in writing within 30 days of the date recorded on the order acknowledgment or receipt.
b. Where a claim relates to the warranties under Clause 8, the limitations and exclusions in that clause apply.
c. The total liability of InnovaDerma™, its employees, support and agents is limited to one or more of the following at the option of the Seller:
d. Replacement of the Product supplied;
e. Payment of the cost of replacing the Product; and
f. Payment of the cost of having the Product repaired, which doesn’t extend to consequential damage or loss.

8. Warranties
a. Any Product sold by InnovaDerma™ will be free from defects in workmanship and material under normal use. This warranty does not extend to any Product accessories and parts which are not sold by InnovaDerma™, and in that case the Customer will only have the benefit of the warranty (if any) of the manufacturer of such parts and accessories which forms part of the contract between the Seller and the manufacturer. This warranty does not apply if the defect of the Product, as per Seller’s opinion, is caused by carelessness or inappropriate handling, by fair wear and tear, or by non-adherence to working instructions.
b. If the Customer is not completely happy with the purchase of the Product (the “Satisfaction Guarantee”), the Customer may return the Product for a refund, subject to the conditions (please see below Clause 11).

9. Exclusions
InnovaDerma™ will not be liable under this warranty where:
a. In the Seller’s sensible opinion the defect of the product is due to fair wear and tear by carelessness or mishandling, non-adherence to operating instructions, inappropriate installation or by other abuse or misuse caused by the Customer or a third party;
b. Any fault, loss or damage is caused to the Product during delivery or shipping.

10. What InnovaDerma™ will do
a. InnovaDerma™ will, in its absolute discretion:
1. Repair the Product or pay for the expense of having the Product repaired; or
2. Replace the unit a maximum of two (2) times at the Customer’s request and pay for the cost of replacing the Product; or
3. Refund the cost of the Product if the terms and conditions of clause 8 are satisfied.
b. InnovaDerma™ reserves the right to charge the Customer, at the Seller’s present hourly rate, for the expense of testing the Product if such examination by the Seller reveals that the Product:
1. Is not defective; or
2. Is defective as a result of any of the events specified in clause 8.

11. What the Customer must do
a. For the purpose of making any claim under this warranty the Customer must:
1. Immediately upon the Customer becoming aware of circumstances giving rise to a claim pursuant to clause 8(a) or 8(b) return the Product, at the Customer’s expense, to InnovaDerma™;
2. The Product must be in its original condition and packaging with all original accessories and contents and a completed return receipt;
b. All Products for return should be sent by registered mail at the Customer’s expense. InnovaDerma™ does not accept liability for Products which are lost or damaged in the mail.
c. InnovaDerma™ reserves the right to refuse to accept and to return to the Customer any Products returned by post marked “Cash or Cheque on Delivery” or “More to Pay”.

12. Refunds and Returns or Replacements
a. Refunds and returns or replacements do not include postage and/or handling charges and all such charges are at the expense of the Customer.
b. All requests for refunds will be processed within 30 business days of receipt by the Seller.
c. Where refunds are requested for Products paid by instalments, only those instalments that have been accounted from the Customer will be reimbursed (less any postage and/or handling charges).
d. We do not refund if you simply changed your mind. If goods are faulty, a replacement will be sent or you may be required to send back the defective item for inspection.

13. Waiver
No waiver by InnovaDerma™ of any breach of these terms and conditions operates as a waiver of any other violation, and the doing and/or exclusion of any act, thing or matter whatsoever by the Seller, its employees, servants or agents (which but for this clause ought or might amount to a waiver of the Seller’s rights in respect of any such breach or default) does not operate as a waiver in any way of the Seller’s rights and powers in respect of such breach or default.

14. Notices
a. Any notice required under this agreement must be in writing and given by post, hand or facsimile to InnovaDerma™ or the Customer at the address set out in the schedule or at such other address or facsimile number as is notified in writing by one party to the other.

15. Governing Law
a. This contract is governed by the laws of the State of Victoria in the Commonwealth of Australia notwithstanding the place in which the Product or any of them are to be delivered. The Customer and InnovaDerma™ irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria and the courts of appeal from them.

16. Whole Agreement
a. These TERMS AND CONDITIONS and any warranties implied by law that are not capable of being excluded or modified embody the whole agreement between the parties involved and, subject to the terms contained in any written order and acceptance thereof (which will only apply to that particular order), all prior representations, negotiations, warranties, statements and arrangements (if any), whether implied or expressed, including any guarantee agreement or warranty, regarding the intentions of either of the parties or the subject matter are merged in these terms and conditions and otherwise are hereby excluded and considered void. The Customer recognises that it hasn’t been made to enter into this agreement by any advice, representation or information made or given by or on behalf of InnovaDerma™ Aus & NZ Pty. Ltd.

17. Privacy Act Authority
a. For the purposes of evaluating the credit-worthiness of the Customer from time to time and the collection of payments, the Customer authorises InnovaDerma™, its employees, servants and agents to make such enquiries as they deem indispensable including, but not limited to, making enquiries of and obtaining reports (as may be allowed by law) from persons nominated by the Customer as trade referees, the Customer’s creditors, financiers and bankers, mortgage and trade insurers, credit providers, and credit reporting agencies (“the information sources”). The Customer authorises the information sources to provide InnovaDerma™ with such information as is requested by the Seller and permitted to be given by law. The Customer also consents to the Seller revealing personal information or the contents of any credit report to a credit reporting agency for the purpose of that credit reporting agency adding or creating to any credit information file in relation to the Customer.
b. We may also use your information to tell you about our special offers and other products from InnovaDerma™ and other partners. If you don’t wish to receive these offers, please email us at info@innovaderma.com.

© 2014 InnovaDerma™. All rights reserved. Duplication of any content on this site is prohibited