Legal Information

Legal Information

All prices featured on ikonique.com.au are in Australian Dollars (AUD). These terms and conditions (together with our Privacy Policy and Website Terms of Use) (“Terms and Conditions”) tell you information about us and set out the legal terms and conditions on which we sell any of the ikonique® products (“Products”) listed on our website www.ikonique.com.au (“Website”) to you. These Terms and Conditions do not apply if you buy ikonique® products from any source other than our Website. These Terms and Conditions will apply to any contract for the sale of Products by us to you (“Contract”). Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Products from our Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order Products from our Website.

 

1.  Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

When we refer to “we”, “us” or “our”, we mean ikonsulting Pty Ltd, trading as ikonique®. When we refer to “you” or “your” we mean you, the person buying Products from our Website.

We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time, as explained in section 14 below). Please check the Website each time you order Products to ensure you understand the legal terms that will apply to the Contract at that time.

2.  About us
We are ikonsulting Pty Ltd, trading as ikonique, an Australian company registered in Australia with ABN 85 138 412 558, and we operate the website www.ikonique.com.au (“Website”). Our registered office is located in CASTLE HILL NSW 2154 AUSTRALIA.  “ikonique” is a registered and protected trademark of ikonsulting Pty Ltd.  Trade Mark number: 1611410 (Class 3).
If you would like to contact us, please use the form on the Contact Us page of our Website (available at www.ikonique.com.au) and our customer services team will be happy to assist you.
3.  Our Products

We have an unparalleled commitment to excellence, luxury and the science of skincare. Our range of Products helps prolong the youthful appearance of even the most delicate skin by confronting the problems of premature aging, environmental hazards and the stress of contemporary life. For more information on our Products (including their benefits, how they should be applied and perfect partner products to compliment your chosen Product) please visit the Products or Science pages on our Website (available at www.ikonique.com.au).

The images of the Products on our Website are for illustrative purposes only. The packaging and presentation of the Products may vary from that shown on images on our Website.

All Products shown on our Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and, therefore, we are unable to process your order.

4.  Your account

You do not have to register to explore our Website or to buy Products from us, but, if you do chose to register and create an account with us, this will allow you to fully enjoy our Website and enable us to customise your experience, making shopping easier for you.

When you register or buy Products through our Website, you will be required to provide certain information including your name, phone number and email address. You will also be required to provide valid details of a credit or debit card, which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You confirm that all information you provide to us at any time is true, accurate and complete.

5.  Buying Products from us

You may only buy Products from our Website if you are at least 18 years old.

You may not buy Products from our Website for business and/or resale purposes.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities of each of the Products in your order.

By clicking the “Submit order” you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products in your order. The Contract is subject to these Terms and Conditions. By placing an order, you confirm that you accept these Terms and Conditions.

After you place an order, you will receive an Order Acceptance email from us acknowledging that we have received your order and payment.

We will send you a further email when the products in your order have been shipped.

Only the Products listed in the Order Acceptance are included in the Contract between you and us. If there are any errors in your Order Acceptance, please contact us as soon as possible using the form on the Contact Us page of our Website.

If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available) we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible.

6.  Product prices

The prices of the Products will be as quoted on our Website. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.

The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Acceptance.

7.  Methods of Payment

You can pay for Products using PayPal, a debit card or credit card. We accept the following cards: American Express, Visa, and MasterCard.

By ordering Products from us through our Website, you authorise us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorisation and/or to authorise individual purchases. You authorise us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.

If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).

8.  Delivery

Your orders from our Website (www.ikonique.com.au) can only be shipped and delivered to destinations within Australia.

You will receive an email notification advising that a shipment has been prepared.  Your delivery should arrive within 3-10 business days (depending on your location).

The Customer acknowledges that any delivery timetable provide best estimates only of the delivery time for postage services, and that those contracted services are not guaranteed.

We are not liable for loss or damage to an article where the loss or damage wholly or partly resulted from causes beyond the control of ikonique including but not limited to natural disasters, acts of war or civil unrest (please see section 13 below for more information about these events). If we are unable to meet the estimated delivery date because of an event outside of our control, we will contact you with a revised estimated delivery date.

Delivery will be completed when we deliver the Products to the address you gave us (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error).

9.  Returns and refunds

General returns

We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact our customer services team using the form on the Contact Us page of our Website (available at www.ikonique.com.au). Details of your legal right to cancel your Contract with us, and an explanation of how to do this, are set out below and provided in the Order Acceptance that we send to you.

You may return Products to us and receive a full refund of the price paid for the Products provided that you return the Products to us (or notify us of your intention to do so) within 21 days of the Products being delivered to you.

If you want to return Products to us, please tell us by contacting our customer service team at 1300 456 647 or by sending an email to Contact Us. We will send you an email to confirm that we have received your return request. You may wish to keep a copy of this (and any emails you send to us) for your own records.

You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you contacted us (as described in section 9.3 above). We will refund you through your payment method – through PayPal or on the credit card or debit card that you used to pay.

In order to receive your refund, you must return the Products to us as soon as reasonably possible. Unless the Products are faulty or not as described (in which case, section 9.6 below will apply), you will be responsible for the cost of returning the Products to us. You are responsible for taking reasonable care of the Products until they are returned to us. We recommend that you return them to us using a recorded delivery service and that you keep proof of postage. We will be unable to provide you with a full refund if the Products are not returned to us or if they are damaged when they arrive or have been used.

Faulty Products

In the unlikely event that the Products we sell to you are faulty or not as described, you may have additional legal rights to receive a refund in relation these Products. These legal rights are not affected by our general returns policy (set out above) or by these Terms and Conditions. Advice about your legal rights is available from your local or national consumer protection body.

10.  Our liability

If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

We only supply Products (including any free samples provided with your order) for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:
• death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation; and

any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

11.  Using our Website

Your use of our Website is governed by our Website Terms of Use (available at Website Terms of Use). Please take the time to read our Website Terms of Use as they include important information and terms that apply to you. If you do not accept our Website Terms of Use, you are not permitted to use our Website.

12.  Your personal information

We only use your personal information in accordance our Privacy Policy (available at Privacy Policy). Please take the time to read our Privacy Policy as it includes important information and terms that apply to you.

13.  Events outside of our control

In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event that is outside of our reasonable control.

If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract:

we will contact you as soon as reasonably possible to notify you; and

our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date with you after the event outside of our reasonable control is over.

14.  Changes to these Terms and Conditions

We may make changes to these Terms and Conditions from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms and Conditions).

Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products from us to ensure that you understand the Terms and Conditions that apply at the time.

15.  Complaints
We hope that you don’t have cause for a complaint but, if you do, we want to hear about it so that we can try and resolve it and make sure it doesn’t happen again. Please contact our customer services team using the form on the Contact Us page of our Website.
16.  Other important information

We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

17.  Governing law and jurisdiction

Australian and Victorian law governs these Terms and Conditions. This means that Australian Consumer laws will govern the Contract for the purchase of Products through our Website, and any dispute or claim arising out of or in connection with it.

You and we both agree that the courts of Australia will have exclusive jurisdiction of any disputes.

SHOP Terms and Conditions last updated 26 November 2014
IKONIQUE’S WEBSITE
TERMS OF USE
Your orders from our Website (www.ikonique.com.au) can only be shipped and delivered to destinations within Australia.
All prices featured on www.ikonique.com.au are in Australian Dollars (AUD).
We are ikonsulting Pty Ltd, trading as ikonique, an Australian company registered in Australia with ABN 85 138 412 558, and we operate the website www.ikonique.com.au (“Website”). Our registered office is located in CASTLE HILL NSW 2154 AUSTRALIA.
These terms of use (“Terms of Use”) set out the legal terms and conditions under which we allow you to access our Website (whether as a registered user or as a guest). By accessing, browsing or otherwise using our Website, you accept these Terms of Use, without limitation or qualification. If you do not accept these Terms of Use, you are not entitled to access or use the Website and you should leave the Website immediately.
1.  Understanding these Terms of Use
When certain words and phrases are used in these Terms of Use, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms of Use where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “we”, “us” or “our”, we mean ikonsulting Pty Ltd, trading as ikonique®. When we refer to “you” or “your” we mean you, the person buying Products from our Website.
2.  Our Website
Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.
We do not guarantee that the website, or any content on it, will be free from errors or omissions. We use reasonable efforts to include only accurate and up-to-date information on the website; however we make no representations, warranties or guarantees, whether express or implied, concerning such information.
The Website and the content on it are provided for general information and entertainment purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
3.  Our rights

We are the owner or licensee of all intellectual property rights in the Website and its content, the ikonique® name and mark and ikonique® product names, images and packaging. Those works are protected by trademark and copyright laws and treaties around the world. All such rights are reserved.

Third party trademarks and intellectual property used in this Website are used by permission of the respective owners.

You must not use any trademarks that appear on this Website without the written consent of the trademark owner.

You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms of Use. You must not use our Website (or any part of it or its content) for commercial purposes; however, you may download material from the Website solely for non-commercial, personal use by you.

No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you use the Website to buy ikonique® products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

4.  Our liability

Nothing in these Terms of Use excludes or limits our liability for:
• death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation; and

any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

The website is made available “as is” and, to the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• Use of, or inability to use, our website; or

Use of or reliance on any content displayed on our website.

If you are a business user, please note that in particular, we will not be liable for:
• Loss of profits, sales, business, or revenue;

Business interruption;

Loss of anticipated savings;

Loss of business opportunity, goodwill or reputation; or

Any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the sale of any ikonique® products by us to you. These are set out in our Terms and Conditions of Sale.

5.  Viruses
We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Website and we recommend that you use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under Australian Law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
6.  Buying ikonique® products
If you use the Website to buy products from us, our Terms and Conditions of Sale will apply to your purchase. Please take the time to read our Terms and Conditions of Sale as they include important information and terms. If you do not accept our Terms and Conditions of Sale, you are not permitted to buy products from us through the Website.
7.  Your personal information
We only use your personal information in accordance our Privacy Policy. Please take the time to read our Privacy Policy as it includes important information and terms which apply to you.
8.  Governing law and jurisdiction
These Terms are governed by Australian & Victorian Law. You and we both agree that the courts of Australia will have exclusive jurisdiction of any disputes.
9.  Contacting us
If you have any questions about the Website or these Terms of Use, please contact us using the form on the Contact Us page of our Website and our customer services team will be happy to assist you.
Thank you for visiting our website.

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