These Terms and Conditions (Terms) govern Your use of The Skin Fairy website located at skinfairy.com.au/ (our Site) and form a binding contractual agreement between you (You, Your) and The Skin Fairy Pty Ltd trading as the Skin Fairy Clinic ACN 607 039 190 (The Skin Fairy, We, Us). By using this Site, You acknowledge and agree that You have had a sufficient opportunity to read and understand the Terms and that You agree to be bound by them. If You do not agree to be bound by these Terms, please do not continue to use the Site. These Terms were last updated in June 2020.
Buyers
You may buy products offered online by Us by completing the order form available on our Site. To buy products via our Site, You must be at least 18 years of age. By placing an order, You confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders for products where We consider that You have not dealt with Us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If Your credit card is charged for the purchase and We cancel the order, We will notify You and credit Your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion.
Orders
Once You submit an order, You cannot cancel it. All orders are subject to acceptance by Us, at our discretion.
Special Offers
We may provide special offers in relation to our products from time to time. At any time, We may terminate any special offer without notice in advance. If terminated, a special offer will continue to apply to products You ordered in good faith in accordance with these Terms before the special offer was terminated.
Prices
All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.
Payment
The full payment for Your order (including the product price and applicable delivery charges) is deducted from Your credit card on completion of Your order. Delivery will commence once payment has been processed and validated.
Large transactions may involve additional screening and We will require confirmation on key details before we proceed to fill the order. In this event, We will contact You. In some cases this may delay Your order by a short period.
Errors
From time to time there may be errors on our Site such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, We may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If Your credit card is charged for the purchase and We cancel the order, We will notify You and credit Your credit card account for the amount charged.
Availability
All products are offered for sale subject to available stock. If an item is out of stock, We may contact You to offer a substitute. If You do not accept a substitute item and Your credit card has been charged for an item that is out of stock, We will cancel Your order and issue a credit to Your credit card account in the amount charged. If You order products and some are not in stock, You agree that we may fill that part of Your order for which stock is available.
Intellectual Property
All material on our Site or otherwise delivered by Us, including but not limited to trade marks, logos, and service marks, text and graphics (Our Content), is subject to copyright. While You may browse or print Our Content for non-commercial, personal or internal business use, You must obtain our prior written permission if You’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that You do not acquire any ownership rights by using our Site or Our Content.
The trade marks displayed on our Site are registered or unregistered trademarks (Marks) of the Skin Fairy Pty Ltd and/or its directors and officers. The trade marks whether registered or unregistered, may not be used in connection with any product or service that does not belong to The Skin Fairy in any manner that is likely to cause confusion with customers, or in any manner that disparages The Skin Fairy. Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.
The name of The Skin Fairy Clinic may not be used in any way, including in advertising or publicity pertaining to distribution of Our Content without the prior written permission of The Skin Fairy.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that The Skin Fairy will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
Booking and Cancellation Policy
By making a booking, You agree to be bound by our booking policy (Booking Policy).
You must arrive at the clinic at least 10 minutes before Your scheduled booking time to ensure that Your appointment runs for the full duration of the appointment and that the appropriate consent forms are completed by You. If You are running late, We reserve the right to cut short Your treatment time to ensure that our therapists are not late for their following appointments.
New clients booking an initial consultation (Consultation) will be required to make a non-refundable upfront payment to us of $100 (incl. GST) (Booking Fee) in order to secure the booking. This amount must be paid prior to Your scheduled appointment and covers the cost of the initial consultation. Should You wish to book a Consultation and treatment at the same time, You acknowledge that that we typically allow 1 hour and 30 minutes for this type of appointment.
Should You proceed with the treatment on the day of Your appointment, we will deduct the Booking Fee from the total cost of your treatment. However, if You decide not to proceed with the treatment on the day of Your appointment, the $100 payment will cover Your consultation cost. We reserve our right to refuse to refund Your any part of the Booking Fee in the event that You fail to comply with these Terms.
We require at least 24 hours of notice should You wish to cancel or reschedule Your appointment.
If You wish to reschedule or cancel your appointment, You must notify our clinic not less than 24 hours prior to Your scheduled appointment. If You reschedule Your appointment, Your Booking Fee will be redeemable at Your next scheduled appointment or a refund will be issued, provided that You have given Us at least 24 hours’ notice. If You fail to provide sufficient notice (being at least 24 hours), You will forgo Your Booking Fee and You will not be able to redeem it at a later time.
In the event that You fail to show up at Your scheduled appointment, cancel or reschedule Your appointment within 24 hours of Your scheduled appointment, we will require You to make a late cancellation payment of $50 (incl. GST) at Your next booking (Upfront Payment). When a $100 deposit has been pre-paid for the booking and there has been a late cancellation or no show, the $100 will be forfeited. This policy is to confirm Your commitment to attending Your scheduled appointment & to protect Skin Fairy's interest in the incident of late cancellations or no shows.
Thank you for being a valued client and for Your understanding and cooperation as we institute this policy. This policy will enable us to open otherwise unused appointments to better serve the needs of all Skin Fairy clients.
A notification reminder will be sent via email 7 days prior to Your scheduled appointment and an SMS will also be sent 48 hours prior to Your scheduled appointment. We have allowed two SMS reminders so that NO SHOWS do not occur. We understand that You may need to change your booking, and we kindly request that You provide us with a minimum of 24 hours to allow us enough time to offer that spot to another client, please phone the clinic on (08) 9386 1880 or email admin@skinfairy.com.au if you cannot make your booking.
* If our clinic booking policy is not suitable, we advise not going ahead with making a booking.
* For additional information Please read our Ethics Policy.
Ethics Policy
The Skin Fairy Clinics ethics policy has been put in place so that our therapists exercise in unfortunate and unforeseen circumstances; this involves things such as personal injury that prevents clients from getting to appointments, any other potential emergencies that are genuine and prevent clients from attending, or death, debilitating sickness or disease.
Examples of situations that are NOT acceptable & will require cancellation fees;
- Forgetting appointments or "no showing".
- Last minute work roster changes.
- Mismanaging schedules or double booking.
- Running late & missing your appointment.
- Replying to our "Non reply" SMS reminder.
- Mild sickness such as colds/flu that do not prevent clients from attending work/events (we exercise caution & provide sufficient barriers to clients & staff).
*We do our best to accommodate last minute changes, however because of the high demand on our therapists we only provide a small window for genuine circumstances.
Payment Policy
- We accept Eftpos, Visa, MasterCard, Cash, regrettably we don’t accept bank cheques or American Express.
- At Skin Fairy Clinic we do not hold any personal client accounts, all appointments preformed the day of the treatment must be paid in full that day.
- If you fail to pay for your service the day of your treatment or leave the premises without payment or knowledge of the therapist, you will forthwith be banned from the clinic and all future appointments will be immediately cancelled. In this circumstance Skin Fairy Clinic holds the rights to legally pursue this incident.
Warranties
To the extent legally permitted, We exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any products or services supplied by Us (Warranties), other than those implied by statute which may not be legally excluded. Any liability We may have to You under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the products or services again or repairing, or paying the costs of repairing, the products, at our sole discretion.
Limit of Liability
The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under Australian Consumer Law.
We do not make any express or implied representation or warranty about, and shall not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with our Site or Our Content.
In no event will We be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon our Site or Our Content.
These limitations and terms include (but are not restricted to) loss or damage You might suffer as a result of:
Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by You (including third party material and advertisements).
Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
Accessing sites or servers maintained by other organisations through links on our Site or products or services. Links are provided for convenience only. We do not endorse linked sites nor their products and services and You access them at Your own risk.
The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.
Your Indemnity
You indemnify Us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by You or Us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by You or Your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site or through the use of our products or services.
Pricing Policy
We reserve the right to change any of the products or services at any time without prior warning or notice.
We reserve the right to change all treatment, product and service prices at any time without further notice. Treatment prices may vary from client to client depending on program, service or product sold to or brought by the individual client based on their personalised needs.
Right to Terminate
We reserve the right to terminate Your use of our Site or our products and/or services generally if You breach these Terms, as determined by Us in our sole discretion. Refunds are not provided for our products and/or services that have been rendered by Us, including where You have been given access to Our Content whether accessed by You or not, unless We are in breach of the Australian Competition and Consumer Act 2010.
Refunds will be provided where required under the Australian Consumer Law.
Affiliate Disclosure
As affiliates of certain products and services We may receive compensation for recommending and promoting products/services linked to from our Site.
Entire Agreement
These Terms (including any terms or policies incorporated by reference) set out the entire agreement between You and Us concerning its subject matter and supersedes all prior communications.
Alterations
We may alter these Terms from time to time by posting the altered version on our Site. You should visit our Site regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms only apply to products ordered via our Site after the alteration takes effect.
Links
You are welcome to create links from Your website or social media account to our Site. However, You must not use The Skin Fairy’s Marks for this purpose, unless You have The Skin Fairy’s permission.
Our Site may contain links to sites not owned or operated by The Skin Fairy. Any links to third party sites on our Site are purely for information purposes only and for Your convenience. By no means does this indicate that we endorse, sponsor, affiliate or recommend any products, services or content within third party sites and solely exclude ourselves from any liability associated with their site content, its owners or its providers. It is Your personal responsibility to ensure that any information on products or services available on our Site meets Your specific individual needs and We take no responsibility for the misuse of this information.
Dispute Resolution
Should a dispute arise between us, We strongly encourage You to contact The Skin Fairy by email to admin@skinfairy.com.au to seek a resolution. Any reasonable requests will be considered and The Skin Fairy will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Applicable Law
These Terms are governed by the law of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and its appellate courts.
Contact Us
The Skin Fairy Pty Ltd ACN 607 039 19
Registered address: 221 Stirling Highway, Claremont, Western Australia 6010.
admin@skinfairy.com.au
Phone: (08) 9386 1880