Terms and Conditions

This website is owned and operated by Arithmos Skincare Pty Ltd (ABN 88 635 859 157) (“Arithmos”, “us”, “we”, “our”).  

By accessing and/or using this website (www.arithmosskin.com.au) and related services, you agree to these Terms and Conditions and our Shipping and Returns Policy (collectively the Terms).  You should review these Terms carefully and immediately cease using our website if you do not agree to these Terms. 

Creating an Account and Privacy

To purchase products via our website, you may choose to create a customer account. If you register and activate your account, you will provide us with your personal information, such as your name, email address, contact phone number and address. You must ensure that this information is accurate and current.

We will handle all personal information we collect in accordance with our Privacy Policy and by providing information you are accepting the Terms and the Privacy Policy.

You are responsible for keeping your username and password secure and are responsible for all use and activity carried out using your username or password or otherwise in connection with your account.

Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. The information is not intended to, and does not, constitute advice or any statement on which reliance should be placed.

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website (or a linked website) is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms and Policies) or the information, products or services described in it.  However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

 

Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

 

Online Shopping

All prices and charges on this website are in Australian dollars (AUD).

Our prices are detailed on the website for each individual product listed. We reserve the right to change our prices at any time. We will fulfil your order at the price listed at the time that you placed your order, unless there has been a genuine error, omission, out of date information or inaccuracy with respect to the relevant products on the website. If this occurs, we will promptly notify you of such errors and, if relevant, refuse the order.

Delivery charges cover packaging and delivery costs.  Delivery charges may be charged in addition to the prices of the products purchased from us. The delivery charges will be specified during the checkout process and included in the total price of your order.

 

Placing an order

To place on order via the website, you must:
– be over 18 years of age;
– have a delivery address in Australia;
– provide us with a valid email address, telephone number and credit or debit card details (for a card issued by a bank or financial services company acceptable to us or our payment processor, as relevant).

You must ensure that the information on your order is accurate. If we cannot contact you about your order, using the contact details provided by you in the order, we may cancel the order and refund any money paid by you.

We try to ensure that all of our product lists are current, but we do not warrant that all products listed on our website will be available at the time that you place your order. All orders placed are subject to availability and our confirmation of the order. We reserve the right to refuse any order placed with us.

When you order a product from our website, we will send you email confirmation of receipt of your order. This does not constitute acceptance of your order.
If you place consecutive orders with us separately, we cannot consolidate the orders and separate delivery charges will be applied to each order.

Unless we notify you that we refuse your order or that the item(s) you have ordered are not available, our acceptance of your order and the formation of a contract between us occurs when your payment is approved and we (or our payment processor) debit your debit or credit card.

You may not amend or cancel your order, for any reason, at any time after your order has been placed (even if our acceptance or refusal of your order is pending).

If you place an order for a third party through our website, you agree to obtain the consent of the recipient with respect to the provision of their personal information to us.

Products purchased are strictly for personal use. You must not purchase any products via the website for resale to a third party or for any trade purposes. If we have any concerns regarding the number of products you have ordered, then we may contact you at the time of or soon after you place the order for the products.

 

Availability

We may withdraw or suspend from sale any product displayed on the website, at any time, either temporarily or permanently. We will not be liable to you or to any third party for any loss suffered as a result of the withdrawal or suspension from sale of any product from the website.

 

Shipping

Shipping is available to Australia only. Further information is in our Shipping and Returns Policy.

 

Risk and Title

All risk with respect to loss or damage for a product ordered via the website passes to you upon delivery to the delivery address.

Title to the products passes to you when we have received payment for them.

 

Returns

Details of the terms and conditions under which products may be returned are in our Shipping and Returns Policy. By purchasing a product via our website, you agree to be bound by our Shipping and Returns Policy.

 

Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

 

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (“Content”).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

 

No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

 

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals; using this website to defame or libel us, our employees or other individuals; uploading files that contain viruses that may cause damage to our property or the property of other individuals; posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, violent, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

 

Warranties and disclaimers

To the maximum extent permitted by law, including Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

 

Liability

Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For further information, see our Shipping and Returns Policy.

To the maximum extent permitted by law, including Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

 

Breach

If you breach these Terms, notwithstanding any other rights we may have, we may without notice to you block you from our website.

Enforceability

If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the remaining provisions.

 

Changes to the Terms

We may update these Terms from time to time by publishing a new version on the website. If you have an order that has been accepted by us, the terms that will apply to your order are the Terms that applied at the time you placed your order.

You are responsible for reviewing these Terms regularly. Continued use of our website after any changes to the Terms take effect constitutes your acceptance of the changes.

 

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.

Our website may be accessible from outside of Australia. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access our website.

 

Last Updated: 21 January 2021