CHI PARA-MEDICAL AESTHETICS CUSTOMER AGREEMENT
ACCEPTANCE OF TERMS
In this agreement (‘this Agreement’), ‘you’ and ‘your’ refers to the person using the on-line Chi Para-Medical Aesthetics ordering service (‘the Service’). ‘We’, ‘us’ and ‘our’ refers to Chi Para-Medical Aesthetics, the provider of the Service.
BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, OR YOU AGREE THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE PERSON USING THE SERVICE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO WARRANT THAT YOU ARE AT LEAST 16 YEARS OF AGE OR THAT THE PERSON SUBSCRIBING IS AT LEAST 16 YEARS OF AGE.
Each time you access the Service you confirm that you have read and agree to this Agreement.
TERM OF AGREEMENT
Upon our acceptance and processing of your registration, a contract will be formed and you will be bound by this Agreement. The contract remains in force until it is terminated in accordance with this Agreement.
YOUR REGISTRATION OBLIGATIONS
In order to use the Service you are required to open an account by entering your email address and a password (‘the Registration Data’) on the Chi Para-Medical Aesthetics website (‘the Website’).
You acknowledge that true and accurate Registration Data is essential for the Service to operate effectively and you agree to provide information relevant to our Service as prompted by the Service’s registration page.
You must ensure that your password is kept secure and confidential and not revealed to any other person. Furthermore, you may not permit any other person to use your account. You may change your password at any time after logging in. You can change your password at any time by logging in via the My Account link at the top of any page and selecting ‘Edit your password and account details’. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
COMMUNICATIONS FROM US
You consent to receiving emails from us concerning your registration to use the service and concerning any orders you place. Unless you refuse your consent by writing to the Chi Para-Medical Aesthetics email address set out below, you also consent to receiving emails about new offers and promotions. You can also opt out of receiving promotional emails at any time by clicking the ‘unsubscribe’ link at the end of a promotional email and following the instructions.
YOUR USE OF THE SERVICE
While we will use our best endeavours to achieve acceptable standards of service, we do not guarantee that your access to the Service and the Website will be fault free.
As a condition of your use of the Service, you agree that you will not use the Service or the Website for any purpose that is unlawful or prohibited by this Agreement and that you will comply with all guidelines we may publish and communicate to you from time to time.
You agree that you will not interfere with the normal operation of the Service or the Website.
You agree to abide by all applicable local, state, national and international laws, regulations and applicable codes and to be solely responsible for all acts or omissions that occur under your account and password. For example, you agree:
- not to use the Service or the Website in connection with any unlawful content (including messages in breach of telecommunications, consumer protection, racial non-vilification or anti-spam laws);
- not to use the Service or the Website in a way that causes unnecessary alarm, distress or panic;
- not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
- not to create a false identity for the purpose of misleading others as your identity; and
- not to interfere with another person’s use and enjoyment of the Service.
You may terminate your account at any time by providing us with written notice using the email contact address set out below. Your account will be terminated within one business day of our receiving your termination request.
You agree that we, in our sole discretion, may suspend or terminate your use of the Service (or any part thereof) and/or this Agreement if:
- you are in material breach of this Agreement (that is, a breach that is not inconsequential or that puts at risk our legitimate legal or commercial interests)
- you have provided us with false or misleading information;
- you have failed to pay monies owing to us; or
- we believe you are about to or may become or are at risk of becoming subject to any form of bankruptcy or insolvency administration.
You agree that any suspension or termination under this clause may be effected without prior notice. If we suspend or terminate your access to the Service for a material breach of this Agreement, we may reactivate your access to the Service if we subsequently become satisfied that you have remedied the relevant breach of this Agreement.
We may terminate this Agreement without being obliged to provide any reason on 30 days notice in writing to you.
You acknowledge and agree that on termination we may immediately deactivate or delete your account and all related information in your account. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service or for any discontinuance in providing the Service.
Full payment for products must be received by Chi Para-Medical Aesthetics prior to delivery being arranged.
You must collect or take delivery of the products within 14 days from the day that we notify you that they are available. If you fail to do so, Chi Para-Medical Aesthetics may charge you storage fees of up to $50 per delivery per week and/or cancel your order.
Lay-by is available and is subject to the terms and conditions set out in the Lay-by Agreement between you and Chi Para-Medical Aesthetics.
Delivery charges and estimated times will depend on where your product is being delivered. You must ensure correct delivery address and access details are provided to us. We shall use all reasonable endeavours to meet the estimated delivery date; however, you agree that Chi Para-Medical Aesthetics is not and will not be liable for any loss or damage however it arises, if the products are not delivered by the estimated delivery date. Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising redelivery from the address identified on the card if delivery cannot be made because an appropriate person is not present.
RISK AND TITLE
All risk in Chi Para-Medical Aesthetics products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Chi Para-Medical Aesthetics of full payment by either cash or clearance of funds into our bank account.
Products are for domestic use only unless otherwise specified. If any part of these terms and conditions is found to be void, invalid or otherwise unenforceable, then that part shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these terms and conditions shall continue to be enforceable and valid. These terms and conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased.
WARRANTY & CONSUMER GUARANTEES
Chi Para-Medical Aesthetics WARRANTY
Chi Para-Medical Aesthetics shall pass on any warranty provided to it by a manufacturer to its customers (“Warranty”) for its products that have been purchased in Australia. The benefits provided in any such Warranty are in addition to the rights and remedies of a consumer under the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”), and any other laws in relation to the products to which the Warranty relates. The Warranty period is as specified by the manufacturer.
The Warranty will not apply if:
- Repairs to a product are made or attempted by a service provider other than approved by the manufacturer or Chi Para-Medical Aesthetics.
- The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
- The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
- The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
- The product is tampered with in any way.
- The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to the Chi Para-Medical Aesthetics Warranty apply to the consumer guarantees.
CONSUMER GUARANTEE REMEDIES
If there is a major failure with the product, you are entitled to:
- reject the product and get a refund;
- reject the product and get an identical replacement, or one similar in value if reasonably available; or
- keep the product and obtain compensation from Chi Para-Medical Aesthetics for the drop in value of the product caused by the major failure.
If there is a minor failure with the product, you are entitled, at the election of Chi Para-Medical Aesthetics, to:
- a refund of the cost of the product;
- replacement of the product; or
- have the product repaired within a reasonable time.
EXCLUSION OF IMPLIED WARRANTIES:
Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Chi Para-Medical Aesthetics is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.
CANCELLATIONS, RETURNS AND CHANGE OF MIND POLICY
Chi Para-Medical Aesthetics shall not accept a cancellation or return of any products if you simply change your mind unless Chi Para-Medical Aesthetics chooses to do so at its absolute discretion. If Chi Para-Medical Aesthetics does accept a return or a cancellation for a change of mind, you must pay an amount to Chi Para-Medical Aesthetics which in the reasonable view of Chi Para-Medical Aesthetics reflects the loss that Chi Para-Medical Aesthetics will suffer as a consequence of the cancellation or return (including but not limited to storage fees and any mark down). Chi Para-Medical Aesthetics shall set off this amount against any moneys already paid to us by you for this product, and refund the balance. For any charges over and above what has already been paid to Chi Para-Medical Aesthetics, you must pay such amounts to Chi Para-Medical Aesthetics within 7 days of Chi Para-Medical Aesthetics’s request to pay.
MADE TO ORDER STOCK
Notwithstanding any other provision of these terms and conditions, orders for products or equipment which are made to your specifications, and have to be ordered specifically for a customer, may be subject to payment of a deposit which will not be refunded if you decide you no longer want the products or equipment.
COMPLAINT HANDLING PROCESS
HOW TO MAKE A CLAIM
To claim under a Warranty or a consumer guarantee, you must return the product for repair/inspection to Chi Para-Medical Aesthetics, and pay for the associated costs (including any freight and insurance charges), unless these costs are significant in which case we will arrange for the product to be assessed either at your premises or ours at our cost. We will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed we require proof of purchase from you (that is, the original sales docket receipt or another acceptable form of proof of purchase). We will do our best to resolve the issue in a timely manner. For any queries please contact Chi Para-Medical Aesthetics and call 1300 033 CHI.
You agree that in using the Service, you will not use any trade mark, business or trading name or copyright material in a way that is likely or intended to cause confusion about the owner or authorised user of such mark, name or material.
This Agreement is governed by the laws in force within Australia and the parties agree to be bound by the exclusive jurisdiction of the Courts of Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions will remain in full force and effect.
COMPLAINT HANDLING PROCESS
Chi Para-Medical Aesthetics customer satisfaction is of the utmost importance to us. In the unfortunate event that something has gone wrong with your Chi Para-Medical Aesthetics experience, we would like to hear about it.
In the first instance approach Chi Para-Medical Aesthetics directly, in person or over the phone, and explain the problem with the item or service. Keep notes of your contact with the store, such as:
- name of the person you spoke to;
- date of your meeting or phone call;
- the content of your discussion.
If verbal or written communication (email/letter) to the store you originally dealt with does not resolve your issue, Chi Para-Medical Aesthetics Pty Ltd can be contacted at:
PO Box 933, Coffs Harbour NSW 2450
Phone: 1300 033 CHI (244)
Chi Para-Medical Aesthetics will do its utmost to respond to your query within 24 hours of receipt (excluding weekends and holidays), and will endeavour to resolve the issue in a timely manner. Please allow for enough time to make arrangements for a remedy.