Terms and Conditions
The following terms and conditions, together with our client consent form and Privacy Policy govern purchases made through tu es special AESTHETIC and constitute the entire agreement between the contracting parties (‘Agreement’). By making purchases of our Product or Treatment, you agree to be bound by the Agreement in force on the date of purchase. If you are uncertain about any of the terms of the Agreement, please contact tu es special AESTHETIC before the completion of any purchase.
Please consult with your own physician or health care practitioner regarding the use of any Product, Treatment or information received from us before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. tu es special AESTHETIC takes no responsibility for any allergic reaction or injury caused. If you are uncertain about any Product or Treatment, please contact tu es special AESTHETIC before the completion of any purchase.
REVIEW OF TERMS
The Agreement is subject to change from time to time without notice. By making purchases of our Product or Treatment, you agree to be bound by the Agreement in force on the date of purchase.
ADVICE AND INFORMATION
The advice and information contained within or accessible by you through our clinics or on our website (‘Information’) is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.
The statements made about Product or Treatment have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements of Product or Treatment are not intended to diagnose, treat, cure or prevent any condition or disease.
Use of the Information is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any Product, Treatment or information received from us before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. tu es special AESTHETIC takes no responsibility for any allergic reaction or injury caused. If you are uncertain about any Product or Treatment, please contact tu es special AESTHETIC before the completion of any purchase.
While we make every effort to ensure that the Information is correct, to the extent permitted by applicable law, we do not warrant that the Product or Treatment descriptions, colours, ingredients, information, or other content available in our clinics on or via our website is accurate, complete, reliable, current, available or error-free. We take no responsibility for any loss or damage arising from use of information or reliance on such advice.
PRODUCTS, TREATMENTS AND ORDERS
The Product or Treatment we make available for purchase, including any sample we may provide to you, are for personal use only. You may not sell or resell any Product or Treatment you purchase or otherwise receive from us.
Without limiting the above, we reserve the right to refuse or reduce the quantity of any order that we reasonably believe are for the purposes of resale or otherwise may result in a violation of these terms and conditions, as determined by us in our sole discretion.
Except where prohibited by law, we may limit the number of Product or Treatment available for purchase by any one customer, so that as many customers as possible may enjoy our Product or Treatment.
In the event of the requested Product or Treatment being unavailable, we may cancel the transaction and issue a full refund.
USE OF PRODUCTS
By purchasing our Products, you acknowledge that you are bound by these terms and conditions and agree to use the Products only for their intended purpose and strictly in accordance with the Products instructions, precautions and guidelines. Any other use will cause you to assume full responsibility for any loss or damage arising from their use.
You should always check the ingredients for products to avoid potential allergic reactions. You should patch test new products to your skincare regime on a small area of skin such as the underside of your arm at the inner elbow for 7 days prior to full use on the face and or body.
If any minor uses any Product purchased through us it should be only after the parent or legal guardian has discussed the Product with the minor’s doctor.
ALLERGY
You hereby acknowledge and agree that tu es special AESTHETIC shall not be liable with respect to, and you hereby waive, release, and agree not to take action against any of them upon, any claim for any loss or harm suffered or incurred by you in connection with, arising out of, or in any way related to, an allergic reaction you suffer as a result of our Product or Treatment unless that allergic reaction is caused by our gross negligence or wilful default.
PRICES & PAYMENT
All prices listed in website are in Australian dollars and are inclusive of any Australian Goods and Services Tax.
The prices indicated may be changed at any time without advance notice. However, the Product or Treatment shall be charged at the rate in force when your order was validated.
Where you pay by payment card, you warrant that you have the necessary rights to use the payment card and that you are fully authorised to use it to pay for the order. You also warrant that this payment card provides access to sufficient funds corresponding to the total cost of the order. Failing this, we reserve the right to cancel the sale. We are under no obligation to ship any product ordered until payment in full for those products has been received.
PRE-AUTHORISATION
When you make a purchase in our clinics or on our website by credit card, we may conduct a pre-authorisation on your credit or debit card for a portion of the purchase price. Once the pre-authorisation is processed, we will then instruct your financial institution to cancel the pre-authorisation. Please note that no funds are taken from your account at pre-authorisation, but a temporary ‘hold’ is placed on them. Once we have cancelled the pre-authorisation, it may take up to 7 days for your financial institution to release the funds before you are able to access them.
CREDIT CARD STORAGE
If you purchase Product or Treatment through our website or in our clinics, we may store your credit card details. If you purchase a Product or Treatment from us, you agree to the storage of those details. However, if you are at all concerned with the potential security of this secure storage process, you may request that we do not store this information.
REFUND POLICY
Generally, refunds will not be provided for Product or Treatment purchased from us. We will provide refunds of Product or Treatment sold to you where we are required to do so by Australian Consumer Law, including:
for any Product or Treatment purchased which we are unable to provide to you; and
if you purchase a Prepaid Treatment Package and subsequently do not wish to provide us with the information that we require to provide that Prepaid Treatment to you.
Refunds are not applicable for change of mind.
CANCELLATION AND LATE TO APPOINTMENT POLICY
Due to the nature of our business, we have a strict cancellation and late to appointment policy. To be fair to all clients, by buying Product or Treatment you agree to comply with and be bound by our policy.
If you do not show up for your appointment without at least 24 hours’ notice, or you are over 15 minutes late, you may forfeit one treatment from your package or have the treatment time shortened.
ADVERSE REACTION POLICY
tu es special AESTHETIC prides itself on being trained to the highest standards. However, in the unlikely event that a side effect does occur, we will allow up to 12 weeks to investigate your concern. This may include weekly evaluation consultations with trained technicians.
CHILDREN AND OTHER COMPANION
Please be advised we have no facility to accommodate any child or other companion during your treatment at our clinics.
Please be aware that we do not supervise children at all and are not responsible for their safety, including if they are left unattended while waiting.
If any minor uses any Product or Treatment from us it should be only after the parent or legal guardian has provided full consent on behalf of the minor.
PROVISION OF INFORMATION
In order for us to provide our Product or Treatment to you, you may be required to complete and submit a client consent form. In some cases, we may be able to provide a limited range of Product or Treatment to you if you do not wish to provide the information required to complete a client consent form, however we retain the right to refuse to provide our Product or Treatment to you in our absolute discretion.
In order to complete the client consent form, you will be required to provide us with a range of information about yourself including without limitation information about your health, medical conditions, treatment history, family health history, diet and lifestyle. By completing the client consent form, you warrant and represent that the information you provide to us is true and correct in all material respects and that you have provided all relevant information. Further, you acknowledge and agree that we accept no liability for any loss or damage that you suffer as a result of providing us with incorrect information or in connection with a failure to provide us with all relevant information in the client consent form.
PRIVACY
We collect personal information directly from clients or potential future clients when they personally complete and submit a client consent form, purchase Product or Treatment from us, or use our website.
We collect personal information when a Product or Treatment is purchased in order to provide the requested treatment, provide updated information, and advise which other Product or Treatment may be of interest to you. You do not need to provide us with personal information, however this may result in us being unable to provide a Product or Treatment to you.
You acknowledge the basis on which (and purposes for which) we may collect your personal information and authorise such collection in accordance with the terms of our Privacy Policy from time to time. You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. You agree not to provide misleading, deceptive or false information and that you indemnify us against any claims made against us as a result of your non-compliance with these terms.
INTELLECTUAL PROPERTY
All contents included in our clinics or on our website, including without limitation text, icons and graphics are owned or licensed by us or our suppliers and are protected by Australian and international intellectual property laws. All Product, Treatment and company names and logos mentioned in our clinics or on our website are the trademarks, Treatment marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of using it as an information resource in connection with our Treatments. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including, but not limited to, text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so. Nothing in these terms and conditions constitutes a transfer any intellectual property rights.
LIMITATION OF LIABILITY
To the full extent permitted by law, we make no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any Product or Treatment supplied by us.
Where legislation implies into this Agreement any condition or warranty that cannot be restricted or modified, our liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at our option, one or more of the following: (a) replacement of the Product or Treatment, the repair of the Product, or the supply of equivalent Product or Treatment; (b) repayment of any part of the price of the Product or Treatment supplied; or (c) payment of the costs of replacing or repairing the Product or Treatment, or acquiring equivalent Product.
This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any Product or Treatment pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.
LIMITATION OF LIABILITY WEBSITE
You agree that, to the fullest extent permitted by law, we will not be responsible or liable in relation to your use of any website of tu es special AESTHETIC (‘Sites’) (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to our website; (c) data non-delivery, mis delivery, corruption, destruction or other modifications; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of our website, including through or in relation to a hyperlink to or from third-party websites; (e) any inaccuracies or omissions in content, or (f) events beyond our reasonable control.
You agree to defend, indemnify and hold tu es special AESTHETIC (and each of their officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the Sites; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of our website.
Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the Sites or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability to you (or anyone claiming through you) exceed one hundred dollars ($100.00).
APPLICABLE LAW AND JURISDICTION
All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the laws of the state in which you purchase Product or Treatment from us. By purchasing Product or Treatment from us you submit to the jurisdiction of the courts of Australia and where applicable the court of the state in which you purchase those Product or Treatment and you agree that any legal action will only be commenced in these forums.
GENERAL
If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
BOOKING POLICY
You may go to our designated booking site to make the relevant appointment if you have Prepaid Treatment Package.
You may also contact us to schedule an appointment if you have not pre-purchase any treatment package.
INTERPRETATION
‘tu es special’, ‘we’, ‘our’ or ‘us’ means tu es special AESTHETIC as the context requires:
‘Product’ means any skincare and beauty products offered for sale by us; and
‘Treatment’ means any service or treatment that we offer from time to time.