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Terms of Use

Last updated: 9/16/2015

This website at www.paulaschoice.com.au (Website) is operated by Paula's Choice, LLC of 705 5th Ave S, Suite 200, Seattle, WA 98104-2845, USA ("we", "us" and "our").

1. Terms and conditions

  • (a) Please read these terms and conditions (Website Terms) carefully as they apply to your use of this Website. By accessing or using this Website you agree to be bound by these Website Terms.
  • (b) We may revise these Website Terms from time to time. We will include a notice on this Website alerting you when any such revisions have been made.

2. Australian customers

This Website is only intended for use by customers in Australia. If you are not in Australia, please see our US and international website at www.paulaschoice.com.

3. Sale terms

These Website Terms apply to your use of this Website. Your purchase of any products from this Website is subject to our Sale Terms.

Terms and conditions

  • (a) Please read these terms and conditions (Sale Terms) carefully as they apply to your purchase of any products from this Website (Products). By purchasing any Products you agree to be bound by these Sale Terms.
  • (b) We may revise these Sale Terms from time to time. We will include a notice on this Website alerting you when any such revisions have been made. Any such revisions will only apply to new orders you may place.

Ordering procedure

  • (a) When you place an order to purchase a Product via this Website, you are making an offer to us. No contract for the purchase of a Product will come into existence until we have processed and accepted your order.
  • (b) Because our online ordering system automatically processes orders received, you cannot modify or cancel your order once it is received in our system.

Cancellation of orders

  • (a) We may cancel an order that we have already accepted if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Sale Terms.
  • (b) While we endeavour to avoid pricing and other errors, inadvertent errors do occur from time to time and we may also cancel an order that has been accepted in such circumstances.
  • (c) You may also cancel an order if we are in breach of these Sale Terms or our Website Terms.

Payment

  • (a) When you purchase a Product you agree to pay the purchase price specified on this Website at the time of purchase, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.
  • (b) If the goods are being delivered outside of Australia, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (Other Taxes) imposed by any applicable government agency. We are unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.
  • (c) You will be required to pay for the Product online by credit card or PayPal account. We will process the transaction upon receipt of your order. The credit cards that are accepted from time to time will be described on this Website.

Delivery

  • (a) We will normally ship Products within 2 Business Days of acceptance of your order, unless otherwise noted in the Product description. Any delivery times displayed on this Website are estimates only.
  • (b) We will deliver the Product to the place of delivery you specify when making your order. Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.

Returns policy

  • (a) At Paula's Choice, we stand behind every product we sell. If you are not absolutely satisfied with your purchase for any reason we will happily provide an exchange, or full refund or credit of the purchase price (including GST where applicable), for Products returned within 60 days of their purchase date. We're sorry, but shipping fees are not refundable or credited.
  • (b) Our returns process as is follows:
    Please send the package with the Products securely wrapped and pre-paid to our offices at the following address (we do not accept C.O.D. mail or shipping charges):
    Paula's Choice Returns
    G7 35/39 Bourke Road
    Alexandria NSW. 2015
    (Please note that you are responsible for the safe return of Products and all shipping costs).
    Please return Products within 60 days. The purchase price of the returned Products (including GST, if any, but not including shipping) will be promptly refunded or credited, or the Product exchanged.
  • (c) Our returns policy in paragraph (a) above is in addition to any other rights and remedies you may have under any applicable law. This may include the guarantees under the Australian Consumer Law. These guarantees include, by way of summary, that you may also return a Product that you have purchased if the Product is not of acceptable quality, faulty, different to how it was described or shown, or does not serve its intended purpose. If you wish to return a Product for these reasons, you should follow the steps described in paragraph (b) above to obtain a replacement, refund or credit. The 60 day time limit does not apply to these returns.
  • (d) Where you are entitled to return a Product, you may elect whether to receive an exchange or refund or credit of the purchase price (at your choice).

4. Intellectual Property Rights

4.1 Licence to use the content on this Website

  • (a) You acknowledge that this Website and all related content is protected by laws relating to copyright, trade marks and possibly other intellectual property rights (Intellectual Property Rights).
  • (b) We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.
  • (c) We (or our licensors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.
  • (d) Except as provided in these Website Terms, permission to reprint or electronically reproduce this 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. You may contact us at through our Help Center if you wish to obtain such consent.
  • (e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of this Website without notice.

4.2 Licence to use your letters, questions and comments

  • (a) Where you do not wish the licence in this clause 4.2 to apply to any letter, question or comment you submit to us, you must prominently notify us of this as part of such letter, question or comment (and if you do so, this clause 4.2 will not apply to that letter, question or comment).
  • (b) Subject to paragraph (a), you grant to us at no cost a perpetual, irrevocable, royalty free and non-exclusive right (including a right of sublicence) to use, copy, modify, translate, publish and communicate any letters, questions or comments that you submit to us (whether in hard-copy or electronic form), with or without attribution. If we modify any such letter, question or comment in a manner that is material, we will ensure that those modifications are not attributed to you.
  • (c) You represent and warrant to us that you have the authority to grant the rights referred to in paragraph (a), and that the content you submit will not violate any rights (including Intellectual Property Rights) of a third party.

5. General restrictions

  • (a) You must not disclose to any other person any user name and password that we give to you. We will assume that any use of this Website made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (b).
  • (b) You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.
  • (c) In using this Website, you must not:
    • (i) provide us with inaccurate or incomplete information;
    • (ii) violate any applicable laws (including by transmitting any defamatory, false, fraudulent, discriminatory, confidential or offensive information or by infringing any third party Intellectual Property Rights), or use this Website for any purpose that is unlawful, commercial or prohibited by these Website Terms;
    • (iii) impersonate any person;
    • (iv) distribute viruses, corrupt files, malware, or any other similar software or programs that may damage the operation of any computer hardware or software;
    • (v) collect or store personal data about other users of this Website;
    • (vi) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of this Website; or
    • (vii) engage in any other conduct that inhibits any other person from using or enjoying this Website.

6. Important disclaimer

  • (a) On this Website, we present our ideas, perceptions and knowledge about the marketing, sale, and use of cosmetics. The purpose of doing so is to present to consumers information and advice regarding the purchase of cosmetics. Some people may find success with a particular product that is not recommended or even mentioned on this Website, or they may be partial to a skin-care routine we have reviewed negatively.
  • (b) We acknowledge that everyone's skin can, and probably will, react to an external stimulus at some time, and that any product could cause a negative reaction on skin at one time or another. If you develop skin sensitivity to a cosmetic, stop using it immediately and consult your physician. If you need medical advice about your skin, consult a dermatologist or physician.
  • (c) The information provided by us, or this Website's users, on this Website does not substitute for a face-to-face consultation with a dermatologist or with your doctor, and should not be construed as medical advice. We do not offer medical advice, or attempt to diagnose or treat any skin problem, disease, or skin condition. If you have a medical problem with your skin, please see a dermatologist or doctor.
  • (d) All of our products should be used as directed on the product container or on this Website. Discontinue using any product that causes irritation (redness, itching, burning, scaling, soreness, or other symptoms).
  • (e) We do not endorse the opinions of this Website's users.

7. Liability

  • (a) Nothing in these Website Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
  • (b) Subject to paragraph (a), all other express or implied guarantees, warranties, representations, or other terms and conditions relating to these Website Terms or their subject matter, not contained in these Website Terms, are excluded to the maximum extent permitted by law.
  • (c) If any guarantee, warranty, term or condition is implied or imposed in relation to these Website Terms or their subject matter under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and we are able to limit our liability for a breach of the Non-Excludable Provision, we limit our liability for breach of the Non-Excludable Provision to one or more of the following at our option:
    • (i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
    • (ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  • (d) Subject to our obligations under the Non-Excludable Provisions (including as described in paragraph (a) and to the maximum extent permitted by law:
    • (i) our maximum aggregate liability for all claims in connection with these Website Terms or their subject matter is limited to AUD$100. In calculating our aggregate liability under this paragraph (i), the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of any Non-Excludable Provision; and
    • (ii) we are not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages.
  • (e) The limitations and exclusions in paragraph (d) apply whether the relevant liability arises in contract, tort (including negligence), equity, based on fundamental breach or breach of a fundamental term 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.

8. Variation of this Website

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website.

9. Our links and advertisements

We have not reviewed any of the sites linked to this Website, and are not responsible for the content or accuracy of any sites linked to this Website. The inclusion of any such link does not imply that we endorse the linked site.

10. Linking to this Website

  • (a) We encourage you to provide links to this Website. While you may use the name "Paula's Choice" in the text of any such link, you may not use the Paula's Choice logo or any of our other trade marks without our prior written consent.
  • (b) You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.
  • (c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

11. Privacy Policy

In using this Website, you may give us personal information. By using this Website, you grant us consent to use your personal information in accordance with our Privacy Policy, which forms a part of these Website Terms. Please click here to view our Privacy Policy.

12. General

  • (a) Neither party will be liable for any delay in performing any of its obligations under these Website Terms if such delay is caused by circumstances beyond the reasonable control of that party.
  • (b) If any part of these Website Terms 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.
  • (c) These Website Terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and of the Commonwealth of Australia.
  • (d) These Website Terms constitute the entire agreement between us and you in relation to this Website and supersede all other (prior or contemporaneous) communications whether electronic, oral, or written, between us and you in relation to this Website.
  • (e) Your use of this Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.
  • (f) The provisions of these Website Terms which by their nature survive termination or expiry of these Website Terms will survive termination or expiry of these Website Terms.
  • (g) The term "including" when used in these Website Terms is not a term of limitation.

13. Paula's Choice Australia Refer-a-Friend Program

OFFER TERMS AND CONDITIONS

Paula's Choice, LLC ("we", "our", "us" or "Sponsor") may, from time to time, offer individuals ("you") the opportunity to earn rewards (the "Program") by referring family, friends and colleagues to purchase products from the on the website http://www.paulaschoice.com.au (the "Site"). We reserve the right to terminate or suspend the Program at any time for any or no reason.

These terms ("Terms and Conditions") apply to your participation in the Program. By participating in the Program, you agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms & Conditions in their entirety you are not authorised to register as a Referrer (defined below) or to participate in the Program in any manner. Participation in the Program (and the benefits that are offered under the Program) is at our sole discretion; and, we have the right to change the Terms and Conditions, in whole or in part, at any time with or without notice.

1. How the Program Works

a. Program Participation, Generally

To participate in the Program as a Referrer (defined below), you must login to your account at the Site and follow the on-screen instructions to receive a unique and personal URL ("Personal Link"), which may be shared with friends, family and colleagues. Individuals who refer others to the Site are called "Referrer(s)"; individuals who are referred are called "Referred Customer(s)."

A Referrer and a Referred Customer (collectively, "Users") may be eligible to receive certain Reward(s) (defined below), provided both are eligible under, and fully compliant with, these Terms and Conditions and the Referred Customer is a Qualified Referral (defined below). We reserve the right to disqualify any User at any time from participation in the Program for any failure to comply with any of these Terms and Conditions.

b. Eligibility

A User must be of legal age in their jurisdiction (and in any event at least 18 years of age). A User may not participate in the Program where doing so would be prohibited by any applicable law or regulation.

c. Qualified Referrals

Rewards will only be awarded for Qualified Referrals. A "Qualified Referral" means that all the following conditions are met:

  • The Referred Customer has not previously purchased products from the Site;
  • The Referred Customer purchases products on the Site, using the Referrer's Personal Link, having a value equal to or greater than thirty dollars (AUD $30.00), and such order is shipped to the Referred Customer. If a Referred Customer purchases products using any other link or method, the registration will not count as a Qualified Referral and Referrer will not earn a Reward;
  • The Referred Customer is otherwise in full compliance the Terms and Conditions;
  • Only one Qualified Referral may be earned for each Referred Customer; and,
  • Any additional or subsequent purchases made by a Referred Customer will not be a Qualified Referral.

d. Earning and Using Rewards

  • Referrer will receive a fifteen dollar (AUD $15.00) credit (a "Reward") for each valid Qualified Referral that uses the Personal Link supplied by the Referrer when the first order placed by each such Qualified Referral is shipped. Rewards carry no cash value.
  • Each Referred Customer who is a Qualified Referral will receive a fifteen dollar (AUD $15.00) Reward, applied during checkout, off of their first purchase from the Site. If Referred Customer fails to apply the Reward to the first order, it will be forfeited. A Referred Customer may not use more than one Personal Link.
  • Rewards are subject to verification and are valid for one (1) year from the date issued. We may withhold a Reward for investigation, or refuse to process any transaction we deem fraudulent, suspicious, in violation of these Terms and Conditions, or that we believe will impose liability on us or our subsidiaries, affiliates or any of our or their respective officers, directors, employees, representatives and agents.
  • Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of Referrer's account for any reason, any unredeemed Rewards accumulated by Referrer are forfeited.
  • Gift cards can not be purchased with payment of Refer-A-Friend rewards.
  • We have the right to cancel orders shipping internationally via a 3rd party shipping company.
  • Limited to one Qualified Referral credit per household.

2. Limitation of Liability

By participating in the Program, each User agrees: (a) to be bound by these Terms and Conditions, our decisions or those of our designees, and our privacy policies; (b) to release, indemnify and hold us harmless and our parent companies, affiliates and subsidiaries, together with our and their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, any person or entity associated with the production, operation or administration of the Program (collectively, the "Released Parties"), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to User's participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and, (c) to be contacted by Sponsor via e-mail. Sponsor's failure to enforce any term of these Terms and Conditions will not constitute a waiver of that provision.

The Released Parties will not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorised access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program; (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or (vi) any failure to supply any Reward or any part thereof, by reason of any acts of God or any other factor beyond any of the Released Parties' control.

3. General Conditions

We reserve the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, technical failures or any other factor beyond our reasonable control impairs the integrity or proper functioning of the Program, as determined by us in our sole discretion. We reserve the right in our sole discretion to disqualify any individual we find to be tampering with the registration process or the operation of the Program or to be acting in violation of these Terms and Conditions or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by law. Our failure to enforce any term of these Terms and Conditions will not constitute a waiver of that provision. All Program decisions made by us are final and binding, including decisions as to whether a Qualified Referral is valid.

4. Applicable Law

Except where prohibited, each User agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program or any Reward will be resolved individually, without resort to any form of class action, exclusively in the State or Federal courts for King County, Washington U.S.A.; (2) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees; and (3) under no circumstances will any User be permitted to obtain awards for, and each User hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any User and Sponsor in connection with the Program, will be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules.

5. Publicity

Except where prohibited, participation in the Program constitutes User's consent to Sponsor's and its agents' use of recipient's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

6. Conduct

a. Prohibited Conduct, Generally

Users will not use the Program to:

  • Violate applicable law;
  • Infringe the intellectual property rights of Sponsor or any third parties;
  • Stalk, harass, or harm another individual;
  • Collect or store personal data about other Users;
  • Impersonate any person, or otherwise misrepresent User's identity;
  • Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
  • Interfere with another User's use of the Program;
  • Attempt to gain unauthorised access to the Program, or to other accounts, computer systems, or networks connected to the Program;
  • Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
  • Use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  • Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.

b. Bulk Distribution

If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or "spam" in our sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer's account and deactivation of the Personal Link.

c. Fraudulent and Suspicious Behavior

We may prohibit a User from participating in the Program or receiving a Reward, in our sole discretion, if we determine a such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of Program Entities. Use of any automated system to participate in the Program is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward. We reserve the right to disqualify any User and/or cancel any Reward(s) we find to be tampering with the entry process or the operation of the Program, submitting self-referrals, or violating these Terms and Conditions.

7. Privacy

We do not collect any personal or non-personal Information about the persons with whom you share your Personal Link until the recipient clicks the Personal Link and engages directly with the Site. All information collected from a User is subject to our Privacy Policy.