TERMS AND CONDITIONS

PEPJUVE SKIN STUDIO– WEBSITE TERMS OF USE

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern PEPJUVE SKIN STUDIO relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

This website is operated by PEPJUVE SKIN STUDIO.  It is available at : pepjuve.com.au and may be available through other addresses or channels.

Consent:

By accessing and/or using our Site, you agree to these terms of use. Please read these Terms carefully and immediately cease using our Site if you do not agree to them. 

Variations:

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site are subject to change without notice and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site:

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Prohibited conduct:

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

  • Anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  • Using our Site to defame, harass, threaten, menace or offend any person;
  • Interfering with any user using our Site;
  • Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;using our Site to send unsolicited email messages; or
  • Facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business.  

No commercial use:

Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Intellectual Property rights:

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not: 

  • Copy or use, in whole or in part, any Content;
  • Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • Breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
  • You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that: you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  • Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’sintellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites:

Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.  

Discontinuance:

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Disclaimer:

The content on our Site is provided for general information purposes only. While we take steps to keep the information on our Site accurate and current, from time to time there may be inaccuracies, other errors, or variations between our online Products and instore products. To the maximum extent permitted by applicable laws, content published on or through our Site is provided in good faith on an “as is”, “as available” and “where is” basis and PEPJUVE SKIN STUDIO excludes and disclaims to the maximum extent permitted by law all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law.

Illustrations and photos contained on our Site are samples representation of the Products advertised, and variations may occur from time to time and from store to store.

While we endeavour to ensure the functionality of our Site, to the maximum extent permitted by applicable laws:

We in no way guarantee uninterrupted access to our Site or the security of our Site;

We do not guarantee the accuracy or completeness of the elements and / or information published on our Site; and

We disclaim liability for any damage whatsoever, including without limitation direct, indirect, incidental, special, punitive or consequential damages and / or loss of profits, business interruption or loss of data or information that may result from access to our Site and the use of all or part of the elements or information contained on our Site.

 Despite the above, nothing in these Terms and Conditions or on our Site, excludes, restricts or modifies any guarantee, term, condition or warranty, right or remedy implied or imposed by any statute or regulation that cannot lawfully be excluded or limited (including under the Australian Consumer Law). To the extent that PEPJUVE SKIN STUDIO’s liability can be limited, our liability will be so limited (for further details please refer to section 14 (Warranty and Liability for Products and Services) of these Terms and Conditions).

Placing an order for products:

  • You may order Products by selecting and submitting your order through our Site in accordance with these Terms and Conditions.
  • Any order placed through our Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and applicable taxes) at the time you place the order. No order shall be deemed to be accepted by us until we issue an email acceptance of the order.
  • We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through our Site.
  • You agree to provide us with current, complete and accurate details when asked to do so by our Site.
  • All orders for a Product from our Site must be intended for personal non-commercial use only.
  • We may, from time to time, restrict the quantity of Products ordered through our Site by one (1) person, household or address during a particular time.

Cancelling or rejection of an order:

  • We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order. If we need to reject an order, we will use our reasonable efforts to let you know as soon as possible of the rejection and the reason for the rejection.
  • Each order placed for Products through our Site by you that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms and Conditions.
  • Prior to the dispatch of an order, you may cancel all or any part of an order (including orders that we have accepted) due to circumstances beyond your reasonable control (e.g. loss of employment, serious injury or illness), without any liability to us for that cancellation. But we are not legally required to cancel orders or provide refunds, returns or replacements of any Products if you simply change your mind.
  • If you do cancel an order in accordance with the above, then you must provide us notice (including reason) before the dispatch of an order.
  • You cannot cancel all or any part of an order after the order has been dispatched by us. In the case that you wish to return a Product after the order has been dispatched, you need to do so in accordance with our instructions (Returns) of these Terms and Conditions.

Delivery of products/Postage:

Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order for delivery of purchased Products. Delivery time is subject to stock availability, this period may be extended by up to 30 days by us and we will endeavour to provide you with reasonable notice of that extension.

A number of different delivery methods may be used depending on the type of order.

Australia Post Standard $8.80

5-7 working days, up to 10 working days to Western Australia.
Parcel is subject to safe drop unless requested otherwise via Australia Post or in the delivery comments.
Deliver to PO Boxes, Parcel Collect and Parcel Lockers available. Tracking number will be provided.

Australia Post Express $11

1- 3 business days.
The Australia Post Express Next Day Network can be found by clicking here.
Tracking number will be provided. Parcel is subject to safe drop unless requested otherwise via Australia Post or in the delivery comments.

  • A tracking number will be emailed to you once your item/s are dispatched
  • Enter your Tracking Number at http://auspost.com.au/track/track.html For parcel enquiries you can contact Australia Post directly on 137 678. If you’ve been through Australia Post and still require assistance, please contact us at studio@pepjuve.com.au

Returns:

Unless you notify PEPJUVE SKIN STUDIO to the contrary by email or telephone within fourteen (14) days of delivery of any Products and such notification is confirmed in writing within seven (7) days of its receipt by PEPJUVE SKIN STUDIO, the Products shall be deemed to have been accepted by you.

PEPJUVE SKIN STUDIO will accept product returns and provide you with (at PEPJUVES SKIN STUDIO’s discretion) a replacement for the Product (subject to availability), an exchange voucher, refund or repair where the Product delivered:

  • Is faulty or is not of merchantable quality;
  • Is not fit for its intended purpose;
  • Does not match the description on our Site; or
  • Otherwise fails to meet any mandatory guarantees imposed by applicable laws.
  • Notwithstanding the above section (fit for purpose), our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to: (i) cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods or to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or services.

If there is a problem with a Product delivered to you including if it is covered under a warranty from the manufacturer you can contact us on 0438 698 697 or email studio@pepjuve.com.au and we will assist with your request. To enable us to evaluate your return request, please make sure you are able to provide the following information:

  • The Order number, invoice number or receipt number;
  • A detailed description of the problem or the reason for your request to the return the Product
  • Photograph(s) of product that is damaged during transportation (if a photograph is required we will advise you which email address to send it to); and
  • Your name and contact details.
  • We will evaluate your return request and issue you with a Returns Authorisation Notice once we have received details of your return request. We will send you full return instructions and return address. If we feel the problem described requires clarification we may contact you to clarify in order to provide more efficient service.

Warranties and disclaimers:

Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot be lawfully excluded, restricted or modified. This includes the Australian Consumer Law which contains guarantees that protect purchases of goods and services in certain circumstances. If any guarantee, term condition or warranty is implied or imposed in relation to these Terms and Conditions (a Non-Excludable Provision) and PEPJUVE SKIN STUDIO is able to limit your remedy for a breach of such a Non-Excludable Provision then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our sole option:

  • In the case of services, resupply of the services or payment to you of the cost of resupply; and
  • In the case of goods, replace the goods, supply equivalent goods, repair the goods, payment to you for the cost of replacing the goods (or of acquiring equivalent goods), or payment to you for the cost of having the goods repaired.

Where we are permitted by law :

  • We do not warrant or represent the suitability of our Site or a Product for any purpose; and
  • We will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to our Site or the Product.
  • To the extent permitted by applicable laws, our liability to you for loss or damage of any kind arising out of these Terms and Conditions or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
  • You read, use and act on our Site and the Content at your own risk.

Limitation of liability:

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Indemnity:

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination:

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Disputes:

In the event of any dispute arising from, or in connection with, these Terms, the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Severance:

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction:

Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts. 

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

For any questions and notices, please contact us at:

PEPJUVE SKIN STUDIO

Email: studio@pepjuve.com.au

X