Terms & Conditions
Last updated May 7, 2022
OVERVIEW
This website skincitizen.com and its authorised variations including each subdomain and mobile version (“site”) is operated by Skin Citizen Pty Ltd ACN 644 697 512 ABN 15 644 697 512. Throughout the site, the terms “we”, “us” and “our” refer to Skin Citizen. Skin Citizen offers the site, including all information, tools, and services available from the site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies reference herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsing, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall be subject to the Terms of Service. You can review the most current version of the Terms and Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Services at any time on an ongoing basis at our own discretion. It is your responsibility to check these Terms of Service prior to each use of the website. Your continued use of or access to the website following any changes constitutes acceptances of those changes.
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.
You may not use our product for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - OWNERSHIP OF WEBSITE CONTENT
Unless otherwise noted, all content on the Site, which shall include, without limitation, all products offered on or accessed through the Site (collectively, the “Site Content”), are the sole and exclusive property of Skin Citizen or Skin Citizen affiliates or Skin Citizen third-party licensors or suppliers and are protected by Australian laws and international treaties. By accepting these Terms of Service, you do not become the owner of any site content but are entitled to use the site content according to these Terms of Service and subject to all additional intellectual property notices, information or restrictions accessed through the Site. As used herein, site content shall include, without limitation, all products, text, images, graphics, logos, illustrations, photographs, video, audio, and other materials offered by or accessed through the site, as well as the designs, icons, layout “look and feel,” and all other graphical elements, and all code and software of the site and all copyrights, trademarks, service marks, patents and other intellectual property rights in any of the foregoing.
SECTION 4 - LICENCE OF WEBSITE CONTENT/PERMITTED USES
You are being provided a limited, non-exclusive, non-transferable and revocable licence to access and make personal, non-commercial use of the site, subject to the restrictions and limitations set forth in these Terms of Service. Except as specifically authorized in these Terms of Service or elsewhere on the site, you are not permitted to copy, reproduce, modify, republish, upload, download, pose, sell, lease, licence, rent, transfer or in any manner distribute or otherwise use or permit others to use any site content or any copies thereof. The licence to use the site content as described in this section 4 will automatically terminate if you fail to comply with any of these Terms of Service. We reserve the right is our sole and absolute discretion to refuse access to the site, or any areas on the site, or to provide any product or service to any person or entity for any reason or for no reason whatsoever, at any time.
SECTION 5 – USER CONTRIBUTIONS
Users of the site may at various times, submit, post, upload, display, distribute, transmit, publish or provide us (whether through our site or another third party site, software, application or other means) (“Submit”) ratings, reviews, questions, comments, information, photographs, videos, ideas, suggestions, text, audio clips, video clips and other content or material (excluding credit card information) (“User Contributions”).
All User Contributions you submit are and will be treated as non-confidential and non-proprietary. By submitting any user contribution, you grant us the royalty-free, worldwide, perpetual, irrevocable and transferable licence (including a full waiver of any moral rights) to use, copy, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, edit, reverse-engineer, disassemble, decompile, delete in its entirety and create derivative works from (by any means and any form) such user contribution, for any reason (including marketing and promotions) and across any channel (including emails, social media and the Site). This licence will survive the termination of these terms and your use of the site.
You represent and warrant that you own or otherwise control all the rights to any user contribution that you submit and that use of your user contribution by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as the origin of any user contribution.
You are solely responsible for the content, accuracy and lawfulness of any user contribution that you submit. You shall not submit any user contribution that: (a) violates or infringes the copyrights, patents, trademarks, services, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, offensive, or could give right to any civil or criminal liability under any applicable law; (c) includes any bugs, viruses, worms, trap doors, Trojan horse, malware or any other harmful code or properties; or (d) does not comply with any relevant consumer or advertising law, including in relation to disclosure of incentives in exchange for providing the user contribution.
We do not guarantee the content, accuracy or lawfulness of any user contributions. Where a user contribution violates these terms or other relevant terms, we may (but shall not be obligated to) remove or edit the user contribution. In some circumstances, we will have no control over the removal or editing of the user contribution, for example where it is submitted through a third-party application, site, software or other means.
Under no circumstances will we be responsible or liable to you or any third party in any way for any user contribution.
We have the right to fully cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone submitting a user contribution and you waive and hold us harmless from and against any claim in connection with such disclosure.
SECTION 6 – LINKS AND OPTIONAL TOOLS
You may link to the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way as to suggest any form of association, approval or endorsement with us without our express prior written consent. We may provide social media features or affiliate links that enable you to link from your own third-party websites or send emails or other communications with certain content, on the site. You may use these features solely as, and for the purpose for which, they are provided by us, and comply with any relevant terms and conditions associated with such programs.
Certain content, products and services available via the site may include materials from third parties.
Third-party links on the site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind without endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers(s).
We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Services.
SECTION 7 – ACCURACY, COMPLETENESS AND TIMELINE OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligations to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 8 – PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subjected to return or exchange only according to our Return & Refund Policy.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing and availability are subject to change at any time without notice, in our sole discretion. We reserve the right at any time to modify or discontinue the service (or any part thereof) without notice at any time. Any offer for any product or service made on the site is void where prohibited.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographical region or jurisdiction.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
We have made every effort to display as accurately as possible the colours and images of our products that appear in person. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
By accessing our site, you agree and accept to our definition of ‘prejuvination’ as specified anywhere on our site.
SECTION 9 – ACCURACY OF BILLING AND ACCOUT INFORMATION
We reserve the right to refuse any order you place with us at any time and for any reason in our sole and absolute discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or order that use the same billing and /or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. The products available on the site are for personal use only and are not for resale. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. You may only wholesale our products expressed through a written contact agreed by us.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the site. You agree to promptly update your account and other information, including, but not limited to, your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant to us that you are the authorised signatory of the credit or charge card or account provided to us to pay for products purchased from the site.
All prices displayed on the site are quoted in Australian Dollars AUD, unless specified otherwise on our site. If you order any products through the site, you are agreeing to pay the amounts confirmed in your order and that we may charge you for such amounts. You can make payment by credit card or other methods offered by the site.
SECTION 10 – SHIPPING
We provide free standard shipping to any order over the value of $50.00 AUD in Australia. For express shipping, you, the customer, will pay this cost involved.
International shipping, we consider any location outside of Australia. We currently ship internationally to the USA and New Zealand only.
You, the customer, will be the importer of record for any purchases shipping outside of Australia. When placing an order outside Australia, you hereby authorise Skin Citizen to import the goods on your behalf. Further you agree that Skin Citizen may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). You, the customer, will pay the taxes and duties in addition with the purchase price of the goods.
You, the customer will pay any fees associated with the international postage of any product.
All transactions are settled in Australian Dollars AUD and are subject to exchange rate fluctuations.
For more details, please review our Shipping Info.
SECTION 11 – ACCOUNT AND PERSONAL INFORMATION
You shall have the option to register with the site to access certain resources or services offered from time to time by the site. To register with the site, you will be asked to provide certain registration details or other information, including a username and password. To purchase products offered by the site, you will be required to provide credit card, banking and/or other personal information. You agree that all information you provide to register with the site, to purchase products and to use any other features of the site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Your account is non-transferable and any rights to your account shall automatically terminate upon your death. You may not use the account username or password of someone else at any time. You agree to notify us immediately of any unauthorised use of your account username, password and/or credit card information.
You also agree to notify us if you are aware of or suspect other unauthorised use of the site and/or the site content. We will not be liable for any loss that you incur as a result of someone else using your username and password with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents or representatives, our licensees, licensors and suppliers as well as any of our related companies and each of our and their respective directors, officers, employees and agents due to someone else’s use of your account, username or password.
Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy. The Privacy Policy is incorporated herein by this reference.
SECTION 12 – ERRORS, INACCURACIES AND OMISSONS
Occasionally there may be information on our site, packaging or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotion, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 14 – TERMS OF PRODUCT USE
The advice on our site is not to be substituted for professional medical advice or treatment. We recommend prior to using any of the products sold on the site, please consult your medical practitioner to determine if they are suitable for you. If you are in need of medical attention, please call emergency services immediately or your physician.
Prior to using the product for the first time, perform a patch test. Start with a patch test on an invisible portion of your leg or arm, such as behind your knee or inside your elbow. If that application produces no reaction within 24 hours, assess the product on your face. Pick a small area of your face that’s easily covered e.g. such as a corner of your forehead or the underside of your jaw and apply the product. If there is no reaction, the product is probably safe for you to use.
Please follow the guidelines of use for each product. These guidelines can be found on our site, and on the packaging of each product.
Your General Practitioner or Medical Practitioner should be consulted if you have any medical questions that need to be addressed. We make no guarantees about the results of your use of the product as results will vary for each individual user. The testimonials, reviews and any user contribution published on this site or about our products or service on any other platform are the opinions of the authors only and are not medical or scientific opinions.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IT AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IN’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL SKIN CITIZEN, OUR DIRECTORS, OFFICERS, EMPLOYESS, AFFILITATES, AGENTS, CONTACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTACT, TORT (INCLUDING NEGLIGENCE), STRICK LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXLUSION OR LIMITIATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTION, OUR LIABILITY SHALL BE LIMITED TO THE MAXIUM EXTENT PERMITTED BY LAW.
SKIN CITIZEN DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW FOR ANY INJURY, ALLERGIC REACTION, ADVERSE SIDE EFFECT, LOSS, OR DAMAGE SUFFERED IN RELATION TO OR ARISING FROM USE OR MISUSE OF A PRODUCT, OUR SITE OR OUR SERVICE. IN AN EVENT OF SUCH INJURY, ALLERGIC REACTION, ADVERSE SIDE EFFECT, LOSS OR DAMAGE, THE MAXIUM AGGREGATED LIABILITY OF SKIN CITIZEN WILL BE THE VALUE OF THE PRODUCT PURCHASED. YOU ACKNOWLEDGE THAT WE DO NOT MANUFACTURE THE PRODUCTS ON OUR WEBSITE, WE DISTRIBUTE THE PRODUCTS.
SECTION 16 – NON-RELATED WEBSITES/DISTRIBUTORS
There are some website and dealers who claim to be authorised Skin Citizen resellers but are not. Products sold on these websites or from dealers do not carry a warranty from Skin Citizen. When you purchase products from an unauthorised website or dealer you are taking a risk, because these products may be counterfeit, used, defective, or may not be designed for use in your country. Please protect yourself and your Skin Citizen product by ensuring that you only purchase Skin Citizen products from an authorised Skin Citizen dealer.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Skin Citizen, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision pf these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of New South Wales.
Any dispute arising out of or related to these Terms of Service or the use of the site or the purchase of any product offered by or accessed through the site shall be governed by the laws of the state of New South Wales, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance shall not be governed by the United Nations Convention on the International Sale of Goods. Skin Citizen and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of New South Wales, Australia, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such courts. Finally, with respect to the purchase of products offered by or accessed through the site, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against us that is more than 6 months after the date of purchase.
SECTION 22 – FORCE MAJEURE
Our obligations under these Terms of Service or otherwise are subject to delays caused by force majeure or events outside our reasonable control.
SECTION 23– DELIVERY
Skin Citizen is not responsible for any failure to deliver products on time or at all to the fullest extent permitted by law if such failure results from an event beyond its reasonable control. An event beyond its reasonable control would include but not limited to war, rebellion, labour strike, natural disaster such as an earthquake or an endemic or pandemic such as COVID-19. In such circumstances we shall use reasonable endeavours to deliver the product to you once the event no longer prevents us from doing so.
SECTION 24 – LOST PARCELS
Skin Citizen accepts no responsibilities for lost or unclaimed packages. Online tracking is available to you and is sent to your email once you place an order. It is your responsibility to track the item via our site by clicking the ‘Track my Order’. If the wrong address information is inputted into the checkout page when an order is placed on the site, and as a result, a parcel is sent out and then returned back to use, it is the customer’s responsibility to pay for the product to be re-sent to the correct address.
SECTION 25 – SUBSCRIPTION
Skin Citizen offers a recurring subscription membership in which our skincare products will be shipped to you at selected intervals of 30, 45 or 90 days and you will be billed on the day when your order replenishment is generated and processed. Your subscription begins on the date of purchase.
Subject to our Terms & Conditions, you may cancel or modify your subscription at any time in your account settings or by emailing us at [email protected].
You must submit modifications and cancellation requests at least 1 business day(s) before the next subscription ship date.
SECTION 26 – AUTO RENWEALS AND RECURRING BILLING
Some of the paid services, such as the purchase of auto-replacing Skin Citizen skincare and other cosmetic or beauty products, may consist of an initial period for which there is a one-time charge or a Trial Offer (defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products ("Subscription Services"). The Subscription Services may give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation. All recurring payments relating to Subscription Services are fully earned upon payment.
By choosing the Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation. All recurring payments relating to the Subscription Service are fully earned upon payment.
We store given billing details for all auto-renewing and recurring payments. This information is highly protected and will not be shared.
To change or cancel your Subscription at any time, go to your account settings or email "Cancel Subscription" to [email protected]. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.
SECTION 27 – PROMOTIONS
All offers are single use per person only unless otherwise noted. Offers are valid while supplies last; quantities are limited. Only applicable on purchases of physical goods; excludes gift cards. Enter code provided during checkout to receive intended offer on your next skincitizen.com purchase. Can only be combined with any other offers or applied to previous orders. Offer has no cash value and is void if altered, sold, bartered, or transferred. Skin Citizen may refuse to redeem any promotion code or offer that it believes in good faith to be fraudulently or improperly obtained and/or that has not been redeemed by the intended recipient of the promotion code or offer. Skin Citizen reserves the right to invalidate and/or not honour promotion codes that are related to fraudulent orders, reseller accounts, or are obtained through any party other that Skin Citizen. Offers may be changed or cancelled at any time.
SECTION 28 – INTELLECTUAL PROPERTY COMPLAINTS
If you believe that work has been copied or used on this site in a way that constates trademark, right of publicity, copyright infringement, or violation of the Copyright Act 1968 (Cth), please use the information below to contact us. Please provide all relevant information to support your copyright complaint so that we can quickly and effectively take action as required.
SECTION 28 - DAMAGED, DEFECTIVE AND OR INCORRRECT ITEMS IN ORDER
Please email [email protected] if your products have arrived and they are damaged, defective or incorrect with providing details (including photos) within 28 days from the date of your purchase. We will verify whether you are entitled to a replacement with new products and provide instructions accordingly. Please include your order confirmation number in the subject line. Failure to comply with the requests in this policy will result in Skin Citizen being unable to process your issue.
SECTION 29 - RETURNS
If you decide to cancel, email us at [email protected] within 14 days from the date of your purchase and clearly state the reason for your return. Any products sent back must be unused and in their original packaging with seals intact.
Unfortunately, it costs us extra for shipping and restocking, so we need you to cover shipping back to us and will have to deduct a $10 AUD restocking fee from your refund. We also cannot refund the cost of the original shipping fee because that’s what we pay to the postal company. Please note that your return package must be postmarked within 14 days of placing your order and once we receive the products back, we will reimburse you with a refund or credit note.
If you have purchased a product from one of our authorized retail partners, please follow that retailer’s return policy. Please note, all gift cards and select merchandise purchased on skincitizen.com are final sale.
SECTION 30 - EXCHANGES
Please email us at [email protected] and specify which products you wish to exchange and why.
SECTION 31 - HOW LONG DOES IT TAKE TO PROCESS A RETURN
Please allow up to 7 business days for Domestic and up to 28 busines days for International, for your return to arrive at our returns centre. Once received, we will initiate a refund which will be credited back to your original form of payment (typically 5-10 business days).
SECTION 32 – REFUNDS/QUESTIONS
Q: Can I get a refund if the price has changed?
A: We are unable to honour any promotions for orders placed outside of the promotional period as this would be unfair to the rest of our customers.
Q: What happens if my package is returned?
A: Sometimes, the parcels are returned due to an incomplete/incorrect address, unclaimed, the addressee is unknown or has moved. Please contact as [email protected] and provide us with your order number and correct shipping address so we can arrange for a reshipment. Unfortunately, you will have to cover the cost for reshipment.
Q: What happens to my refund if my card account is closed?
A: We are only able to issue a refund to the original point of purchase for the order.
Q: What happens to my refund if my card is no longer in use?
A: When a card is lost, stolen or cancelled, we can still refund that card. Your refund will be credited back to your bank as long as the card account is still open. It usually takes between 5-10 business days for the refund to be credited to your bank account. Please note that the time taken for a payment services provider to provide you with your refund can vary depending upon the provider. If you do not receive your refund within 14 business days, please contact us at [email protected].
SECTION 33 - RETURN ADDRESS
Your order number must be written clearly on the outside of the box and all returns need to be sent to the following address.
Suite 114, 20-40 Meagher St Chippendale, NSW 2008, Australia.
SECTION 34 – CONTACT US
Questions about the Terms of Service or intellectual property complaints, they should be sent to us at [email protected]
PRIVACY POLICY
OVERVIEW
SKIN CITIZEN PTY LTD (“Skin Citizen,” “we,” “us,” or “our”) takes the privacy of your information seriously and are committed to safeguarding your privacy rights and ensuring that your personal data is protected. This Privacy Policy explains our use of your personal data when you use our websites (the “Sites”) and/or interact with us through social media or adverts and content on third party websites. We will not use or share your information with any person or entity, except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalised terms that are not defined in this Privacy Policy have the meaning given to them in the Terms of Service located on the Site. Please be sure to read this Privacy Policy in its entirety before using, or submitting information to, this Site. If you are not willing to use this Site pursuant to our Privacy Policy, without qualification and/or limitation, then we ask that you do not use the Site for any purpose.
SECTION 1 – PERSONAL INFORMATION/INFORMATION WE MAY COLLECT/INFORMATION COLLECTED BY THE SITE TO CONDUCT TRANSACTIONS
We will collect the information required to perform any transaction requested by you, including registering for a Site account, subscribing to a mailing list or our newsletter, participating in promotions, purchasing products offered on the Site, responding to questions or comments you may have and for any other purposes with your consent. This information may include information such as, among other items, your name, shipping address, billing information, email address, telephone number, credit card information or other payment information. When you make a purchase or otherwise utilise the Site, we may need to provide your information, including the information indicated above, to certain third-party service providers. Such third-party service providers include Shopify.com (“Shopify”), product manufacturers, shipping companies, parties used in the sending of postal mail or emails, accounting and record keeping functions, advertisements, and other web-based services. Your information is disclosed to such third-party service providers only as necessary and solely to complete the transaction for which they have been engaged by us. Such third-party providers will have access to your information for the limited purpose of completing their intended function, but they may not use it in connection with or for any other purpose.
Site Visitors: when you visit one of our Sites, we collect various types of information, such as browser type, IP address, date and time of visit, average time spent on the Site, cookie ID, hyperlinks that you have clicked, and websites you visited before arriving at our Site. We also collect information such as, your name and email address when you contact our Customer Service Team.
Guest Checkout: when you place an order for goods via one of our Sites as a guest, we collect your name, contact details, order details, and tokenized payment details.
Account Holders: when you open an account with us and place an order for goods via one of our Sites as an account holder, we collect your name, contact details, passwords, transactional history, and tokenized payment details.
You may also provide us with personal data in other ways, such as if you communicate with us through social media or participate in our promotions.
We also may collect certain demographic information (such as gender or age) and information about your interests and preferences ("preferences information"). In many cases, such demographic and preferences information is optional. In other cases, such as online surveys, we collect this information on an anonymous basis. However, if we link any demographic or preferences information to any Personal Information, then such demographic and preferences information will be treated as Personal Information under this Privacy Policy. In some cases, we may request permission to display your photos and accompanying captions from Instagram or other social media outlets. For some features of the Site, you may be able to submit information about other people. For example, if you wish to purchase a product for another person on the Site and want it shipped directly to that person, you may submit the recipient's name, address, and certain other contact information. We will use and store any such information that we collect from you about another person only to the extent necessary to carry out your request, and we will not use such information for any other purpose.
SECTION 2 – OTHER INFORMATION COLLECTED BY THE SITE
The Site automatically collects information as you navigate through the Site. Information collected automatically may include Internet Protocol addresses, details relating to your use of the Site and information collected through cookies and other tracking technologies. This information collected is generally statistical data and does not identify you specifically. This information is used by us to improve the Site and to deliver better service to the Site's users.
SECTION 3 – USE OF INFORMATION COLLECTED BY THE WEBSITE
The information we collect is used to provide a variety of services and improvements for our customers. The data is used to process your purchases, send you opted in promotional materials, create and manage your online account, effectively respond to your inquiries and questions, communicate with you about our social networks, events, promotions, request feedback, and provide surveys. We also use the information to notify you about changes to our Site, products and the services we provide to our customers. We do not sell or provide your information for third-party direct marketing purposes. We respect our customer's data and relationship. We may also display your public photos from social media networks, including, but not limited to, Facebook, Instagram, YouTube and TikTok on our website.
SECTION 4 – WITH WHOM WE MAY SHARE YOUR INFORMATION
We may sometimes use other businesses to perform certain services for us, such as maintaining the Site and our mailing lists, processing orders and delivering products, sending postal mail, and providing marketing assistance and data analysis. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties. Skin Citizen will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information on Skin Citizen. You may also have given us permission to send you information regarding products which we may believe may be of interest to you. As Skin Citizen develops, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that Skin Citizen or all of its assets are acquired, customer information would be one of the transferred assets. We reserve the right to disclose visitor information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other visitors, or anyone else that could be harmed by such activities. We also reserve the right to disclose visitor information when we believe in good faith that the law requires it.
SECTION 5 – MANAGING YOUR INFORMATION
You may, of course, decline to submit personally identifiable information through the Site, in which case we may not be able to provide certain products or services to you. You may update, correct, or delete your account information at any time by logging into your account or by contacting us as provided in the “Contact Us” section below.
SECTION 6 – OPT-OUT POLICY
We may use your email address or phone number to send you notices regarding matters, including the Site (including any notices required by law, in lieu of communication by postal mail). If you do not want to receive these messages, you can opt out by following the instructions included in the email message, text message or by emailing us at [email protected]. If you correspond with us by email or text message, we may retain the content of your email or text messages, your email address or phone number and our responses.
SECTION 7 – DISCLOSURE
We have the right to disclose statistical or aggregated data (but in no event information which may personally identify you, referred to hereafter as "personal information") in our discretion and without restriction. We may disclose personal information which we have collected (a) as may be expressly permitted by you, (b) to our related companies and service providers to perform a business or technical support function for us, (c) as we deem necessary to enforce the Site's Terms of Service, (d) to comply with any court order, law or legal process, including to respond to any government or regulatory request or otherwise as required by law, and (e) in connection with the sale of Skin Citizen (whether by merger, sale of our assets, sale of stock, or otherwise).
SECTION 8 – SHOPIFY
The Site is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall. If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by the Site and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Policy (https://www.shopify.com/legal/privacy).
SECTION 9 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers. Once you leave the Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms of Service. When you click on links on the Site, they may direct you away from the Site. We are not responsible for the privacy practices of other sites and encourage you to read their Privacy Policies.
SECTION 10 - TEXT MARKETING
Text Marketing and notifications: By subscribing to text notifications, you agree to receive recurring automated marketing messages at the phone number provided. Consent is not a condition of purchase. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply.
SECTION 11 - COOKIES & OTHER TRACKING TECHNOLOGIES
Some of our web pages utilize "cookies" and other tracking technologies. A cookie is a small text file that a website transfers to an individual's hard drive for record-keeping purposes. For example, we may use cookies to collect information about website activity and to maintain your shopping experience in our online store. We never save credit card information in cookies. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies. You may occasionally get cookies from our advertisers or other third parties with links on the Site. We do not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry. We do not link the information we store in cookies to any Personal Information you submit while on the Site.
Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the big computers that "serve up" webpages, automatically identify your computer by its IP address. It is not our practice to link the information we record using tracking technologies to any Personal Information you submit while on the Site. However, we reserve the right to use IP addresses and other tracking technologies to identify a visitor only when we feel it is necessary to enforce compliance with the Site's policies, to protect the Site, our customers, or others, or when we believe in good faith that the law requires it.
SECTION 12 – SECURITY
To protect your personal information, we take reasonable precautions to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. However, there is some risk in transmitting information electronically. We cannot guarantee the security of our databases, nor can be guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. By supplying us with information, you acknowledge these risks and signify that you have voluntarily chosen to provide the information despite the inherent risks involved. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information. If you create an account on the Site, you may be asked to choose a password for your account, in which case your online account information shall be protected by your password. We recommend that you do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. We follow all PCI-DSS requirements and implement additional generally accepted industry standards. In addition, Shopify reviews its business practices periodically for compliance with policies and procedures governing the security and confidentiality of our information. Nevertheless, no data transmission over the Internet is 100% secure. Accordingly, while we strive to protect your personal information and privacy, we do not warrant or guaranty the security of any information you disclose or transmit to us while using the Site, and we shall not be liable for the theft or inadvertent disclosure of your personal information. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond our reasonable control.
SECTION 13 – CHILDREN’S PRIVACY
The Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not (a) use this Site or any of its features, (b) register on the Site, (c) make any purchases through the Site, or (d) otherwise provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will immediately delete that information. If you believe we might have any information from or about a child under 13, please contact us as provided in the "Contact Us" section below.
SECTION 14 – CHANGES TO OUR PRIVACY POLICY
The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that this Privacy Policy has been updated and by changing the "Last Modified" date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
SECTION 15 – GOVERNING LAW
Skin Citizen makes no representation that this Privacy Policy and such practices comply with the laws of any other country. Visitors who use the Site and reside outside Australia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside Australia, by using our Site, you consent to the transfer and use of your information outside your country.
SECTION 16 – PROMOTIONS
All offers are single use per person only unless otherwise noted. Offers are valid while supplies last; quantities are limited. Only applicable on purchases of physical goods; excludes gift cards. Enter code provided during checkout to receive intended offer on your next skincitizen.com purchase. Cannot be combined with any other offers or applied to previous orders. Offer has no cash value and is void if altered, sold, bartered, or transferred. Skin Citizen may refuse to redeem any promotion code or offer that it believes in good faith to be fraudulently or improperly obtained and/or that has not been redeemed by the intended recipient of the promotion code or offer. Skin Citizen reserves the right to invalidate and/or not honour promotion codes or offers that are related to fraudulent orders, reseller accounts, or are obtained through any party other than Skin Citizen. Offers may be changed or cancelled at any time.
SECTION 17 – USE OF FACEBOOK PIXEL AND FACEBOOK CONVERSIONS API
We use the “visitor action pixels” from Facebook Inc. (1 Hacker Way, Menlo Park, CA 94025, USA) (“Facebook”) on our website.
This allows your behaviour to be tracked after you have been redirected to our website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, and we do not see the personal data of individual users.
We also use Facebook’s Conversions API. Data is shared using your web browser and from Shopify’s servers, and is sent directly to Facebook’s servers. Data sent from server to server cannot be blocked by browser-based ad blockers. Your personal information will be used to match users on Facebook’s network. The information collected using this setting includes your name, location, email address, and phone number, as well as your browsing behaviour on our online store. Skin Citizen uses this information for its legitimate interests to measure customer actions, improve the accuracy of information sent for targeting, measurement, and optimization, and for more control over data sharing. You agree that Skin Citizen can collect this data through the Facebook Conversions API platform for these purposes.
The data described under this section is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy, located at https://www.facebook.com/about/privacy. You can allow Facebook and its partners to place ads on and off Facebook. Facebook may use cookies, web beacons, and other storage technologies to collect or receive information from this website and your browsing activities elsewhere on the internet.
The legal basis for this use is Article 6, paragraph 1, sentence 1, letter f of the GDPR. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads.
Facebook is certified under the Privacy Shield Agreement (https://www.facebook.com/about/privacyshield) and thus guarantees compliance with European data protection legislation.
Note, however, that the Facebook Conversions API does not use cookies, and so you must opt out directly with Facebook at https://www.facebook.com/settings?tab=ads.
SECTION 18 – INTERNATIONAL DATA TRANSFER
We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from laws of Australia, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to Australia and the use and disclosure of information about you, including personal information, as described in this Privacy Policy.
SECTION 19 – YOUR CONSENT
Use of the Site signifies your consent to this Privacy Policy, including the collection and use of information by Skin Citizen, as described herein, and also signifies your agreement to the Terms of Service. Continued access and use of the Site without acceptance of the terms of this Privacy Policy relieves Skin Citizen from responsibility to you.
SECTION 20 – RETENTION OF INFORMATION
We will retain your personal data as necessary for the provision of the goods/services, internal analytical purposes, or to comply with our legal obligations, resolve disputes and enforce agreements (e.g. settlement). The criteria used to determine the retention periods include, how long the personal data is needed to provide the goods/services and operate the business; the type of personal data collected; and whether we are subject to a legal, contractual, or similar obligation to retain the data (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes).
SECTION 21 – QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact us at [email protected].
ADDRESS: Suite 114, 20 – 40 Meagher St, Chippendale, NSW 2008, Australia