Terms of service
CUSTOMER TERMS OF USE AND CONDITIONS OF SALE
Thank you for accessing www.cryomed.com.au (Website). The Website are leading customer interfaces which assist the online sale of products offered by Cryomed Aesthetics to you.
APPLICABILITY
By clicking on the ‘Accept’ button or otherwise accessing the Website and continuing to receive the related services provided in connection with the Website, you agree with Cryomed Aesthetic to be bound by these general Customer Terms of Use and Conditions of Sale (Terms).
Please read these Terms carefully before continuing. These Terms form the legal agreement between EBOS Aesthetics Pty Ltd (Cryomed Aesthetics or we, us, our) and you.
In these Terms, ‘you’ or ‘your’, ‘Customer’ means all person(s) accessing, using and/or receiving the benefit of the Website as an online platform for the sale of products offered by Cryomed Aesthetics to you. If you are using the Website for the benefit of another person (Third Party), you warrant and must ensure that the Third Party has expressly authorised such usage and has also agreed to be bound by these Terms. If you are a Third Party who has authorised the user to use the Website for your benefit, you warrant and must ensure that the user has also agreed to be bound by these Terms.
By offering to purchase the products on our Website or where you place and order of products on our Website (order), you accept these Terms, and these Terms become binding on the you. Any order is subject to the express and unreserved acceptance of the Terms by you by checking the box provided for this purpose. By validating an order, you acknowledge having read the Terms and having fully understood them.
These Terms also incorporate the Privacy Policy of Cryomed Aesthetics as updated from time to time (Privacy Policy). By submitting an order and paying for any product in the order, you agree to the Privacy Policy and consents to the collection, use, storage and disclosure of your personal information as described in the Privacy Policy. Our Privacy Policy details the types of personal information we collect, who can access the information and the purposes for which it may be used. Cryomed Aesthetics takes you privacy and our data very seriously. A copy of the latest version can be found at: https://www.cryomed.com.au/policies/privacy-policy.
These Terms prevail over all terms and conditions of the Customer. To the extent the Customer’s terms and conditions are supplied to Cryomed Aesthetics in respect of the products, such Customer terms and conditions will be of no legal effect and will not constitute part of these Terms and any relevant Oder (notwithstanding the annexing of any such terms and conditions to these Terms and/or any relevant order).
These Terms constitute the entire agreement. Cryomed Aesthetics reserves the right to amend these Terms at any time and without notice. In any event of such amendment, the Terms that are applicable to you are those in force on the date of the order.
Cryomed Aesthetics may in the future send direct communication to offer you additional health products and services including:
· additional information and training about your products and cosmeceutical benefits;
· professional skincare programs, products or services that may be of interest to you; and
· services offered by Cryomed Aesthetics.
You acknowledge that the information you may receive in relation to the above examples may be matched and targeted by your condition(s) or cosmeceutical profile which may be identifiable through any health information which we may collect, store, and use upon download, installation, access and use of our Website.
You also consent to Cryomed Aesthetics sending you promotional offers via email or text messages. You may opt out of receiving such promotional offers at any time. Please contact us at marketing@cryomed.com.au to opt out.
Cryomed Aesthetics will not disclose any identifiable personal (including health) information about you to any third party providers of additional services unless you have provided express consent for us to do so. You may also opt out of the additional services at any time. Please contact us at the contact details provided in our Privacy Policy.
If you do not accept these Term, you are not permitted to use the Website to purchase our products.
ORDERING PRODUCTS ON THE WEBSITE
Not all items displayed in our catalogues will be available to purchase on our Website. products will only be available at the time of processing payment while stocks last.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without notice to you, to supply less than the quantity you ordered of any product. We may require additional verifications or information before accepting any order.
If Cryomed Aesthetics declines any order and some or all of the products are out of stock, you may request in writing for Cryomed Aesthetics to place those out of stock products on backorder (Backorder). If we accept your request, the following provisions will apply:
· payment for the products is due in full, without deduction, withholding or set-off of any kind, immediately on acceptance of the Backorder by us;
· we will endeavour to procure the products specified in the Backorder within ninety (90) days (or such longer period as agreed) of acceptance of the Backorder; and
· if we are not able to procure the products specified in the Backorder within the period as specified, we or you may cancel the Backorder by notifying the other party, and we will refund any payments made by you under for the Backorder.
An accepted order by us will be an agreement by us to sell and your agreement to purchase the products as listed on the order. You cannot cancel any order for products after the order has been issued by you and accepted by us. You are bound to pay the price for those products, unless we expressly agree otherwise in writing. Please contact our Customer Care Team at shop@cryomed.com.au. They will endeavour to process your cancellation request but not be able to do so if your order has been dispatched and you have changed your mind.
No returns, refunds or exchanges will be offered for changes of mind. Please read all descriptions, ingredient lists and warnings for the product before purchasing.
Cryomed Aesthetics may impose a minimum order value or quantity. Cryomed Aesthetics reserves the right to monitor and limit the purchase amounts of products and restrict sales to a non-commercial level. In such cases, Cryomed Aesthetics will reduce product(s) to what we consider as commercial quantities.
Unless otherwise specified in writing by Cryomed Aesthetics, you shall pay the cost of any freight and/or handling costs associated with the delivery of product(s).
CRYOMED AESTHETICS ACCOUNT & PAYMENT
Placing an order requires that you create an account on our Website (Account). In establishing an Account you agree to:
· Provide true, accurate, current and complete information about yourself including your preferred payment method as prompted (Registration Information) when registering for an Account; and
· Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is any of those things, we may suspend your Account and refuse any and all current and future use of the Website.
You are responsible for maintaining the confidentiality of your password and Registration Information and are fully responsible for all activities that occur under your password and Account. You agree to immediately notify us of any unauthorised use of your password or Account or any other breach of security. Unauthorised use of your password and Account may result in third parties gaining access to your personal and sensitive health information. Cryomed Aesthetics considers all Registration Information private. The information is kept on a secure server to protect it from outside parties.
You must pay, in full, without deduction, withholding or set-off, the price plus GST for the product(s) ordered upfront, unless otherwise agreed in writing by Cryomed Aesthetics.
We accept Visa, MasterCard and AMEX on the Website. There is a surcharge of 1.2% for Visa or MasterCard and 2% for AMEX transactions on the Website. Please be sure to provide your exact billing address and telephone number – the address and phone number the financial institute provider of your credit care has on file for you. Incorrect information may cause a delay in processing your payments and order. Your credit card will be billed once your order has been processed by Cryomed Aesthetics. Your personal and credit card is tokenised by Cryomed Aesthetics (Shopify), which is the Website’s payment gateway provider. This is done to protect the payment. Your personal and credit card information will be held by Shopify in accordance with their privacy policy found at https://www.shopify.com/au/legal/privacy. In the event that Cryomed Aesthetics cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement. We do not accept money orders, cashier’s cheques, personal cheques and company cheques.
It is expressly agreed that Cryomed Aesthetics retains ownership of the products delivered until fully payment (in cleared funds) of their price by you, in principal and interest.
Title to goods does not pass to you until we have received payment for the products in full.
GST
Unless stated otherwise, all prices for products are in AUD and exclusive of Goods and Services Tax (GST) (unless they are exempt from GST). Cryomed Aesthetics will issue you a tax invoice upon delivery of the products and sent to you in the order validation email.
We understand that getting your orders as quickly as possible is of utmost importance. That is why Cryomed Aesthetics will endeavour to dispatch an accepted order within 2 – 5 business days of acceptance of your order (Standard Delivery). All orders for Standard Delivery can be dispatched from Monday to Friday (excluding public holidays). For next day dispatch, you must place the order before 1pm (AEST) each business day. Please allow at least 2 business days from acceptance of your order for it to arrive before contacting us.
Add your products to cart and proceed to the checkout. Once payment is completed, you will be able to track your order in real time from the time you place the order, during the packing process and up until it’s delivered at your door via email. Depending on your cart you may receive a call or email from our Customer Care Team to discuss your order or out of stocks prior to completing and ACCEPTING your order.
We will endeavour to accept or reject your order within 7 business days. If we do not respond to you within 7 business days, your order is deemed rejected. We may provide you with reasons why your order was rejected.
When the order has been accepted, picked and securely packed, it is ready for dispatch. We use designated courier service to pick up your order and delivery it directly to your nominated address. Your order will be delivered to your nominated address and you may need to sign and provide identification – our designated courier may not be able to leave your order unattended. If you are not at your premises at the time of delivery, our courier will notify you of the next step in the delivery process.
Delivery fees will apply to all Standard Delivery orders up to $550 (including GST). We will deliver your order for FREE using Standard Delivery, if your online order is over $550 (inclusive of GST), and your delivery address is supported by our designated courier. For orders less than $550 (inclusive of GST), deliveries will be charged at the $27.50 (inclusive of GST), provided your delivery address is supported by our designated courier.
No refund of delivery fees is provided if you cancel your order after the delivery driver has been dispatched, or if there is no-one to receive it, or if you provide an incorrect address, or if you are unable to provide valid photo identification to the driver. A further charge of $27.50 (inclusive of GST) will apply for failed deliveries returned to the Cryomed Aesthetics.
Unless agreed to the contrary in writing, Cryomed Aesthetics reserves the right to make part deliveries of any order and each part delivery shall constitute a separate contract for the sale of products. Failure to make a delivery of the total order will not invalidate the order as regards to other deliveries.
Delivery timeframes are reliant on a number of factors any may vary depending on where you live or other circumstances that may physically constrain, restrict or impede regular delivery of products. Cryomed Aesthetics accepts no responsibility for any loss or damage resulting from any delay or failure to meet an agreed delivery date unless caused by Cryomed Aesthetics’ breach of these Terms or law, negligence or misconduct.
No refund for the delivery fees is provided for failed deliveries and a further charge of $27.50 (inclusive of GST) may be applied for failed deliveries and returned to Cryomed Aesthetics.
RETURNED GOODS POLICY
Our Website returns policy is in addition to your rights under the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). This policy applies for online orders through our Website only. Online orders through the Website can only be returned via the process described below.
All products sold on the Website comes with guarantees that cannot be excluded under Australian Consumer Law. Please contact our Customer Care Team at shop@cryomed.com.au within 7 days of receipt of the products if the item:
- Is faulty or is not as described;
- Is significantly different to what was advertised;
- Is unsafe;
- Is not of acceptable quality;
- Has arrived damage; or
- Has incorrectly been delivered.
You may be required to provide our Customer Care Team with an image of the damaged or incorrect product in order to process a refund or replacement. Our Customer Care Team will cover the cost of freight of these returned products. To the extent possible, you must not make any further use of the products.
We reserve the right to return the product to the manufacturer for further evaluation. The outcome of this evaluation will be provided and no refund or replacement will be provided if the item was damaged due to misuse or neglect.
All returns must be made via our Customer Care Team via shop@cryomed.com.au.
To be eligible for a refund or replacement, you must return the product along with a copy of your tax invoice to Cryomed Aesthetics. Refunds will only be issued using your original payment method. We will not accept returned products unless the return is authorised in writing by us. Where applicable, products less than a minimum of 3 months shelf life will not be accepted. products returned without authorisation will not be accepted by us for refund or replacement and will be returned to us at your sole risk and cost.
LICENCE, COPYRIGHT & TRADEMARK NOTICE
Subject to these Terms, Cryomed Aesthetics grants you a limited, non-exclusive, revocable personal, non-commercial, non-sublicensable, non-assignable and non-transferrable licence (Licence) to download, install, access, and use the Website solely for your own lawful, non-commercial and personal use on any mobile device.
Cryomed Aesthetics is willing to license the Website, whether by download, via the Internet, as part of a device or piece of equipment, or on software media, including all databases, data, and documentation contained within the Website, including any subsequent updates to you only upon the condition that you accept all of the terms and conditions contained in these Terms.
You must not, and must ensure that any Third Party does not:
· decompile, delete, reverse engineer, modify, copy, reproduce, disassemble, adapt, translate, or create any derivative works of, the Website, or any intellectual property rights, products, or services obtained from us in respect of the Website;
· disseminate, distribute, transmit, display, perform, publish, directly or indirectly sell, transfer, offer for sale, license, assign, rent, timeshare or sublicense any part of the Website or any copies of the Website;
· solely rely on the Website in connection with any critical application, which includes any medical application, or any application where failure or malfunction could lead to injury to persons or loss of life or property damage.
The Website is a technology tool and a communications platform which is offered subject to the disclaimers in these Terms, accordingly, you should always have contingencies in place rather than rely solely on the Website. Should you decide to solely rely on the Website for any critical application, Cryomed Aesthetics disclaims any and all liability arising out of the use of the Website and you assume full responsibility for such use.
EBOS Medical Technology and Cryomed Aesthetics trademarks are used on the Website as trademarks only in Australia. Cryomed Aesthetics is a registered trade mark used under licence by EBOS Aesthetics Pty Ltd.
The Website is owned and operated by Cryomed Aesthetics. Unless otherwise specified, all material appearing on the Website, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (Content) as well as the selection, assembly and arrangement is subject to applicable copyright laws.
All audio and video clips are the sole property of Cryomed Aesthetics or their respective content providers. You acknowledge that the Website contains Content, audio and video clips and software that are protected by copyright, trademark, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.
You may use the Content on the Website only for the purpose of transacting on the Website and for no other purpose. No materials from our Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Cryomed Aesthetics’ prior written permission.
All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on the Software may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD AND SERVICES PROVIDED
Except as expressly stated, Cryomed Aesthetics makes no representations or warranties, either express or implied, of any kind with respect to products sold or services provided through the Website. Except as expressly stated and subject to the provisions of Schedule 2 of the Australian Consumer Law, Cryomed Aesthetics expressly disclaims all warranties, express or implied, of any kind with respect to products sold or services provided through the Website, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability of Cryomed Aesthetics arising from any product sold or services provided on the Website shall be the price of the product ordered or services provided. In no event shall Cryomed Aesthetics, its related bodies corporate, its directors, officers, employees, and representatives be liable for special, indirect, consequential, or punitive damages related to product sold or services provided.
Cryomed Aesthetics is not a pharmacist, pharmacy, qualified health care professional, medical practitioner, doctor or other health care provider. We do not give or provide any warranties whatsoever in relation to any information on the Website. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to the Website is complete and/or accurate. All information contained on the Website, including information relating to medical and health conditions, products and treatments, is for informational purposes only and may be presented in summary or aggregate form.
Professional advice is required for each particular illness, disease, infection, injury or other medical condition. Information of these kinds are not to be taken as medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.
The information contained on the Website is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your pharmacist, general practitioner, other medical practitioner or qualified health care provider when starting any new medical treatment, continuing with medical treatment or with any questions you may have regarding yours or any other Third Party's medical condition. Nothing contained on the Website is intended to be or should be taken for medical diagnosis or treatment.
Product images displayed are for representation purpose only. Actual product may differ from images shown.
You expressly agree that your use of the Website is at your sole risk. In no event will Cryomed Aesthetics, its related bodies corporate, its directors, officers, employees and representatives, third-party content providers or the like warrant that the Website will be uninterrupted or error-free. Additionally, Cryomed Aesthetics do not make any warranty as to the results that may be obtained from the use of the Website, or use of the information, content, service, or products provided through the Website.
Cryomed Aesthetics explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Website from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you irrevocably waive any claim against us with respect to such sites.
Under no circumstances shall we or any other party involved in creating, producing, or distributing the Software be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the Website, (ii) the cost of procurement of substitute products and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the Website; (v) negligent or wilful acts of Cryomed Aesthetics, its directors, officers, employees and representatives or (vi) any other matter relating to the Website.
You agree to indemnify and hold Cryomed Aesthetics, and our related bodies corporate, corporate, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the Content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your breach of these Terms, or your violation of any rights of another.
Links to external sites from the Website are provided for convenience only and Cryomed Aesthetics do not endorse or make any warranty with respect to such external sites.
Cryomed Aesthetics does not warrant that the Website will be available at any time. Users acknowledge that the Website may be unavailable for a number of reasons, including due to matters beyond Cryomed Aesthetics’ control, and shall not hold Cryomed Aesthetics accountable in respect of any claims arising there from. Cryomed Aesthetics does not warrant that your access to the Website will meet any particular performance criteria.
YOUR CONDUCT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.
OUR RIGHTS
Cryomed Aesthetics may elect to electronically monitor areas of the Website and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website, including providing it via third party software or application for the purpose of fulfilling an order; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring any Content.
Cryomed Aesthetics may terminate your access, or suspend your access to all or part of the Website and your Account, without notice, for any conduct that we believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.
SECURITY & PRIVACY
You acknowledge that your access to the Website may be monitored and tracked by Cryomed Aesthetics by the use of cookies and/or retailer IDs. Cryomed Aesthetics does not sell, rent or give away your information (including phone numbers and e-mail addresses). This information is highly respected and is only used to assist Cryomed Aesthetics in providing you with the Website, the services, or in accordance with our Privacy Policy. In providing any personal information including your sensitive and health information through our Website (including through your use of an Account), you agree to us handling your personal information as described in our Privacy Policy. Any information provided by you or your browsers (including cookies) will be for the use of Cryomed Aesthetics, the owner and operator of the Website. The information, including your personal and health information, will be retained, used by us, and disclosed in accordance with our Privacy Policy and you expressly consent to its collection, retention and use by us in order to provide you with the products and services through the Website (including to maintain your Account).
Other than as set out in our Privacy Policy, Cryomed Aesthetics will not collect or disclose personal information about you or your browsing habits to any other third party, unless you give Cryomed Aesthetics express permission to do so, or unless required to do so by law.
We will record and collect information in order to provide you with products and services that you have requested. The collection of this information is permitted under Australia law.
Cryomed Aesthetics may disclose aggregated information about you in general and statistics related to the Website to others, but in doing so, will not disclose information about any particular individual. Notwithstanding the above, you acknowledge that transmissions to and from the Website may be monitored, intercepted or modified by other parties.
We may amend our Privacy Policy. If we do so, we will post the amended Privacy Policy on https://www.cryomed.com.au/policies/privacy-policy so that you will always be aware of how we manage your personal information.
APPLICABLE LAW
As far as legally possible these Terms shall be governed by the laws in existence in Australia. Any claim relating to the Website, the services or the Content shall be governed by the internal laws of the state of New South Wales and you agree to submit to having the matter dealt with in a court in the state of New South Wales, Australia.
TERMINATION
Subject to applicable law, we reserve the right to suspend or deny your access to all or any portion of the Website or your Account. You agree we may immediately deactivate or delete your Registration Information and all related information and files under your Account and bar any further access to such files or the Software or your Account. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website or your Account.