GENERAL CONDITIONS & TERMS OF SALE

https://www.sothys.com.au/2795-macquarie-medi-spa (the “Website”) is a website operated by (ACN ) of 169 Howick St, 2795, NSW("we", "us" and "our"). The terms, conditions, notices and disclaimers contained in this document (together, the “Terms of Use”) govern your use of the Website and the purchase of any goods or services via the Website. By using the Website, you acknowledge that you have read and understand the Terms of Use and you agree to be bound by them.

We reserve the right to amend the Terms of Sale at any time. Although we may notify you of any amendment, revision or modification, we recommend that you periodically review the Terms of Sale. You agree to be bound by any changes, modifications or revisions to the Terms of Sale as made by us from time to time.

Prices, Purchases and Payment

You may only make a purchase from the Website if you are over 18 years of age and acting in the capacity of an end consumer (not a trader), residing in Australia and using, if applicable, the customer code that we have communicated to you. By making a purchase from the Website, you warrant that you have full legal capacity to make a valid purchase.

To purchase a Product, you must create a customer account on the Website. A customer account is not required for purchase of gift vouchers for Services.

You agree to pay the purchase price specified on the Website in full at the time you place your order for the purchase of a Product or Service, together with any shipping and insurance charges based on the shipping option you select. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.

Credit and debit card payments are processed by a third-party payment processor.  A transaction fee may apply for the use of certain credit cards. Where this is the case this will be described on the Website.

By placing an order with us, you are making an offer to purchase the prescribed Products or Services. You are not permitted to order any Products or Services for resale to a third party. We reserve the right to accept or reject any offer you make, for any reason, including if the Products requested are not available, not suitable, payment is not processed successfully, we suspect your order is for commercial purposes, there is the possibility of fraud, there is an existing dispute with you regarding a previous order or there is an error in the price or description of the Product or Service shown on the Website. Each offer accepted by us creates a separate and binding agreement between you and us for the supply of the relevant Products or Services.

After you make payment for your order, we will email you an invoice, which confirms acceptance of your order.

You must enter the correct delivery address and delivery instructions at the time of placing your order. If you enter an incorrect address, we are not obliged to re-send the order to the correct address at our own expense.

In the event of unavailability of a Product after placing the order, we will inform you as soon as possible and will offer you a Product of equivalent quality or price. You may instead cancel the order and the price paid will be refunded by [insert reseller name] within 30 days of payment.

Promotional offers are valid only for the duration of the validity of the offer in question, indicated on the Website.

Ownership of the Products does not transfer to you until you have paid for them in full (including all shipping charges and applicable taxes.)

Cancellation of orders

We may cancel an accepted order if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of the Terms of Use or Terms of Sale.

Inadvertent pricing and other errors may occur on the Website from time to time and we may cancel an order that we have accepted in such circumstances. We may also cancel an order in the event of unforeseen supply problems or unexpected demand resulting in a Product or Service being unavailable.

You will be refunded the full purchase price for the cancelled order, but you will not be entitled to compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from such cancellation.

Delivery

Any delivery times displayed on the Website are estimates only, based on the information provided by the shipping company(s) we use.

You may contact us using the Customer Service details provided below if you have any questions regarding delivery of your order.

You must check the condition of the parcel on receipt. If, even before opening, the parcel is damaged, you must refuse delivery and indicate any anomaly on the carrier’s delivery docket.

Returns

We do not accept returns if you change your mind.

If the item you wish to return is damaged or faulty, you must notify us by email within 3 days of receipt. The item must be returned to the Returns Address detailed below, in its original packaging and in the same condition as it was received by you. It is your responsibility to retain evidence of return of the parcel. Once we confirm the item is damaged or faulty, you will be offered a replacement of the item, exchange for a different Product of the same value or a full refund, whichever you prefer. Any refunds will be transferred back to the original payment method.

Products will not be accepted as faulty returns if they are damaged by you. 

We are only able to offer refund, replacement or exchange to the original purchaser of the returned Product.

Allergic Reactions

The incidence of allergic reaction with our Products is extremely low, but in the case where this happens, you should return the Product to our salon immediately for assessment. If we confirm it is a true allergic reaction, you will be required to fill in a Cosmetovigilance Form to ensure accurate and detailed information is provided to be passed on to SOTHYS Paris. A refund in all cases is dependent on this form being filled in thoroughly.

Gift Vouchers

Gift vouchers for Services are valid for 3 years and cannot be returned or exchanged for cash.

All gift vouchers are in Australian dollars.

Discount Codes

Discount codes are for one time use only and may not be used on gift vouchers.

Warranties and liability

We warrant that if any Product fails to comply with the following promises within 30 days of your receipt of the Product, you may return the Product to us for a replacement, full refund or store credit as described above under the heading “Returns”:

  • each Product is of saleable quality (subject to any defects described on the Website) and will comply in all material respects with any descriptions given on the Website; and
  • unless otherwise noted, the Products will be new and not second-hand.

We warrant that if any Service fails to comply with the following promises when performed, you may request reperformance of the Services or a full refund or store credit as described above under the heading “Returns”:

  • The Services will be provided with due care and skill;
  • The Services are fit for the purposes described on the Website; and
  • The Services will be performed within a reasonable time.

In addition, if the Australian Consumer Law applies to our sale of a Product or Service to you, we provide you with notice of the following guarantee under the Australian Consumer Law:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably 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.

All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Sale or a Product or Service that are not contained in these Terms of Sale, are excluded to the maximum extent permitted by law.

Subject to our obligations under the Australian Consumer Law, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Sale or a Product or Service, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the greater of:

  • AUD$100; and
  • the amounts paid by you as a result of the purchase of a Product or Service.

To the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

  • special, indirect, consequential, incidental or punitive damages; or
  • damages for loss of profits, revenue, goodwill or anticipated savings,

whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

Contact Details

  • Customer Service: Macquarie Medi Spa, 169 Howick St, 2795, NSW, 02 6332 2062, relax@macquariemedispa.com
  • Returns Address: Macquarie Medi Spa, 169 Howick St, 2795, NSW, 02 6332 2062, relax@macquariemedispa.com


WEBSITE TERMS AND CONDITIONS

https://www.sothys.com.au/2795-macquarie-medi-spa (the “Website”) is a website operated by (ACN ) of 169 Howick St, 2795, NSW("we", "us" and "our"). The terms, conditions, notices and disclaimers contained in this document (together, the “Terms of Use”) govern your use of the Website and the purchase of any goods or services via the Website. By using the Website, you acknowledge that you have read and understand the Terms of Use and you agree to be bound by them.

We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, we recommend that you periodically review the Terms of Use. You agree to be bound by any changes, modifications or revisions to the Terms of Use as made by us from time to time.

Prices, purchases, payment, delivery and returns

Any purchases you make via the Website are subject to the General Terms and Conditions of Sale between us and you, which may be found on the Website and which are incorporated into and form a part of these Terms of Use.

Product descriptions

We describe products and services as accurately as possible on the Website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission. 

Images of products or services are provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour.

Licence to use the content on the Website

You acknowledge that the Website and all related content is subject to copyright and other intellectual property rights (“Intellectual Property Rights”).

We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

We (or our licensors) retain all right, title, and interest in and to the Website and all related content, and nothing you do on or in relation to the Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to above, licence you to exercise any Intellectual Property Rights unless this is expressly stated.

Except as provided in the Terms of Use, permission to reprint or electronically reproduce the Website or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.

Subject to applicable law, we may revoke the permissions referred to in this section at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.

General restrictions

Access to certain features of the Website may be limited. For example, the creation of a customer account is limited to persons over the age of 18 years.

When creating your customer account, you are responsible for choosing an access code and keeping it secure. If you lose or forget your access code, you will need to reset it. We do not have access to your access code. The number of attempts to access your account is limited to three, to prevent fraudulent use of your account.

You must not disclose your access code to any other person. If you do disclose it, you will be responsible for any resultant misuse of your account or the Website.

In using the Website, you must not:

  • provide us with inaccurate or incomplete information;
  • violate any applicable laws, or use the Website for any purpose that is unlawful or prohibited by the Terms of Use;
  • impersonate any person;
  • distribute viruses, corrupt files, or any other similar software or programs that may damage the operation of any computer hardware or software;
  • collect or store personal data about other users of the Website; or
  • engage in any other conduct that inhibits any other person from using or enjoying the Website.

Warranties and liability

All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use, are excluded to the maximum extent permitted by law.

To the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to AUD$100.

Our liability to you is reduced to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

Except for your statutory rights, with respect to the Website:

  • all material on the Website is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise; and
  • we are not responsible for and make no warranties in relation to any third-party links on the Website or the content of any third-party websites linked to from the Website.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

Indemnity

By using the Website, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Privacy Notice

In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our Privacy Notice, which is incorporated into and forms a part of these Terms of Use.

General

Neither we nor you will be liable for any delay in performing an obligation under these Terms of Use, if such delay is caused by circumstances beyond our or your reasonable control.

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These Terms of Use are governed by the laws of New South Wales, Australia, and we and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

These Terms of Use, (together with any policies or agreements expressly incorporated into these Terms of Use, such as the Privacy Notice,) constitute the entire agreement between us and you in relation to the Products and Services.

We and you agree that we may communicate with you electronically for all aspects of any Product or Service purchase, including by sending electronic notices.

The provisions of these Terms of Use which by their nature should survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.