Terms and Conditions

1   Introduction

This website is operated by Inskin Cosmedics Group Pty Ltd (ACN 086 765 040) (we, our or us). These terms and conditions (Terms) govern your use of our website (Site) and the purchase of products through our Site. By using our Site or placing an order, you accept these Terms and enter into a binding agreement with us.

2   Accounts

(a) You may purchase products through an account with us.

(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give us will be treated in accordance with our Privacy Policy and Shopify’s Privacy Policy;

(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

(d) If you close your account, you will lose access to your consolidated purchase history and saved account information. However, you may still continue to place orders and purchase products as a guest user without an account. 

3   Orders

(a) You may order products as shown on our Site. By placing an order, you agree to purchase the product(s) at the total price shown at checkout.

(b) You must be at least 18 years old to place orders.

(c) We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once we accept an order, a binding agreement is formed for the supply of products under these Terms.

(d) All purchases are subject to product availability. We do our best to keep products in stock and maintain accurate availability information on our Site. Any pre-order products (not currently in stock) will be clearly marked on our Site. Any dispatch dates shown are estimates only, and we are not liable for delays or date inaccuracies.

(e) We strive to ensure that product descriptions, specifications, prices, and images on our Site are accurate. However, we do not warrant that product descriptions or other content is error-free, complete, or current. In the event of an error, we reserve the right to correct it and will notify you if this affects your order.

(f) Colours and images displayed on our Site may vary from the actual product due to monitor settings, lighting, and photography.

(g) We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability to supply products due to circumstances beyond our control, or errors on our Site (such as incorrect descriptions, prices or images). We will contact you using the details you provided when ordering.

4   Payments

(a) You must pay in full when you place your order using one of the methods set out on our Site. The amount payable includes all product prices, delivery charges as set out on the Site, and GST, as displayed at checkout (Price). You remain liable for any import duties or other charges imposed by customs or tax authorities. We are not responsible for any delays or additional costs resulting from customs clearance processes.

(b) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(c) We accept the payment methods displayed on our Site at the time of purchase. Where we offer payment through third-party providers, your use of those payment methods may be governed by the third-party provider's separate terms and conditions, which you must review and accept directly with them.

(d) We may from time-to-time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

5   Delivery, title and risk

(a) We deliver to areas specified on our Site. If you are outside our delivery area, please contact us to discuss alternative options.

(b) Delivery timeframes shown on our Site are estimates only.

(c) We use various delivery methods. Some deliveries require a signature, while others may be left in a safe place or at your nearest post office for collection, subject to your preferences and our delivery partner's policies.

(d) We retain title to the products until we receive payment of the full purchase price. Until title passes to you, you must not create, permit or allow any encumbrance, security interest, charge, lien or other third-party interest over the products.

(e) Risk passes to you upon delivery to your specified address.

6   Our AI Skin Quizzes Tool

(a) As part of the Site, you may utilise an optional AI Skin Quizzes to assist you in navigating our Site and choosing our products.

(b) As part of the Site, you may utilise an optional AI Tool to assist you in choosing our products.

(c) Our AI Skin Quizzes Tool use closed system language learning models hosted by our third party licensors which looks at questions, information and images uploaded by you onto the Site.

(d) You can use the AI Skin Quizzes Tool  on the Site by clicking ‘accept’ to our applicable Privacy Collection Notice.

(e) You have the right to decline the use of the AI Skin Quizzes Tool. If you do not consent, you can still use our Site.

(f) You understand that the AI Skin Quizzes Tool utilise artificial intelligence (AI). By using these features, you:

1. acknowledge and agree that AI is a rapidly developing field of study;
2. consent to the use of these features at your own discretion, and on the understanding that AI may provide incomplete, inaccurate or irrelevant information;
3. agree not to solely rely on the information that is produced and to evaluate any information before you accept it;
4. agree the functionalities are provided for your convenience only and should not be used or relied upon by any third party;
5. agree that the AI Tool does not provide medical treatment or diagnosis and is not a substitute for medical advice regarding your skin.

7  Australian Consumer Law

(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for further information.

8   Limitations

(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

1. neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities;
2. we will not be liable for your reliance on any recommendations provided by our AI Chatbot and/or AI Tool;
3. we will not be liable for any breach by you of your obligations regarding your user content in clause 11(e);
4. each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's acts, omissions, or failure to mitigate their losses; and
5. excluding any breach by you of our intellectual property rights under clause 11, each party's total liability arising from or relating to these Terms or the products will not exceed the amount paid for the specific products that are the subject of the relevant claim.

9 Use of our Site

(a) When using our Site, you must not:

1. breach any person's privacy, legal rights, or upload personal information without consent;
2. defame, harass, threaten, or offend any person;
3. use our Site for any unlawful purpose;
4. interfere with other users or our Site's operation;
5. introduce viruses, malware, or attempt to modify or tamper with our Site;
6. send spam or unsolicited messages;
7. use automated tools such as bots, scrapers, or data mining software;
8. assist others in doing any of the above;
9. provide false, inaccurate, or misleading information;
10. use another person's details without authorisation; or
11. fail to maintain the security of any access credentials we provide to you.

10 Intellectual property

(a) All intellectual property rights in our Site, our AI Chatbot and AI Tool, products, content, branding, and materials (including copyright, trademarks, and designs) remain our property (or as applicable our licensor’s property) at all times.

(b) Subject to these Terms, we grant you a limited, non-exclusive, non-transferable licence to use our intellectual property solely for your personal use of the products or our Site as intended.

(c) You must not, without our prior written consent:

1. copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;
2. use our intellectual property for commercial purposes or revenue generation;
3. modify, adapt, or create derivative works from our intellectual property;
4. frame or embed our content in another Site; or
5. remove or alter any copyright notices or proprietary markings.

(d) You may share our content on social media or personal blogs provided you:

1. do not claim ownership of our intellectual property;
2. do not imply our endorsement unless explicitly agreed in writing; and
3. do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.

(e) If you submit content to our Site (such as reviews, comments, or feedback), you:

1. grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;
2. warrant that you own the content or have permission to submit it;
3. acknowledge that we may remove any content at our discretion; and
4. remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

11 General

(a) Disputes: Before commencing court proceedings, the parties must first meet to attempt to resolve any dispute in good faith. If this fails, the parties will engage a mediator, with mediation costs shared equally. This does not prevent either party from seeking urgent court orders when necessary.

(b) Notices: All notices must be in writing and sent to the contact details provided during your order or to our details below. Notices sent by post are deemed received after 48 hours, and emails are deemed received when sent.

(c) Force Majeure: Neither party will be liable for delays or failures caused by events beyond their reasonable control (such as supply chain disruptions, cyber attacks, natural disasters, government actions, or pandemics), provided the affected party promptly notifies the other party and uses reasonable efforts to minimise the impact.

(d) Assignment: You cannot transfer your rights or obligations under these Terms without our written consent.

(e) Privacy: We collect, use, and disclose your personal information in accordance with our privacy policy available on our Site.

(f) Amendment: We may update these Terms at any time by publishing revised terms on our Site. The Terms that apply to your order are those in effect when you place your order. We recommend reviewing the current Terms before each purchase.

(g) Governing law: These Terms are governed by the laws of New South Wales. Both parties submit to the exclusive jurisdiction of the courts operating in New South Wales and any appeal courts, and waive any objection to proceedings in those courts.

For any questions and notices, please contact us at:

Email: service@ocosmedics.com