Terms & Conditions
Welcome to our CosMedic Collective website (the “CosMedic Collective Site” or the “Site”).
CosMedic Collective (“CosMedic Collective”, “we”, “us” or “our”) provides the services available on the Site to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please note that if you visit one of our regional locations, you are subject to the terms and conditions applicable for that location and we suggest that you consult such terms and conditions.
- Privacy Policy
Please review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.
- About CosMedic Collective Online
Elan Aesthetics Pty Ltd, trading as “CosMedic Collective” is the supplier of the goods. ACN 606 436 113
- Eligibility
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under Australian law you must: (a) be aged 18 or older; and (b) register on the Site; and (c) be the holder of a valid debit/credit card.
- Language
This contract shall be concluded in English.
- Prices
All prices indicated for products available via the Site are inclusive of GST (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site.
- Product Descriptions
We will take all reasonable care to ensure that all details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 8 below.
- Purchase Related Policies
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.
We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
- Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the CosMedic Collective Site by clicking on the Place Order button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from CosMedic Collective Online.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
If you require any information regarding your order(s) please contact us by email.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See Cancellation section of the Site by clicking here.
- Payment
You may pay using any of the methods specified in the Payment section of this Site. You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Your CCV or sometimes called CVC number (Credit Card Verification number) is requested during your payment processing application form online as this number is only found on the physical card, not any receipts or imprints from manual ‘click clack’ machines. Although this doesn’t guarantee the card has not been stolen it does assure us that the person placing the order has the card with them at the time of the order and is an additional security feature required for your safety.
- Title to Goods
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
- Risk of Loss
Risk in the goods will pass to you upon delivery to you.
- Delivery
We will deliver the goods in accordance with the delivery option selected by you during the order process. See Delivery section of our Site. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.
- Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If the goods you receive are damaged or faulty in any way, or not what you originally ordered we will be happy to exchange the items or offer you a refund.
Please notify us immediately by filling out our contact us form. Please be sure to select ‘An Online Order’ and include your Order Number.
This policy is only applicable to purchases made online; we are unable to process returns for purchases made within a partnered retail location.
Returns for purchases made online will not be accepted for return or exchange at a CosMedic Collective location. Your statutory rights remain unaffected.
- Intellectual Property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of CosMedic Collective, our affiliates, our partners or our licensors, and is protected by Australian and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of CosMedic Collective Laboratories Limited, our affiliates, licensors or partners, in the Australia and other countries, and are protected by Australia and international trademark laws. All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited license in Section 10 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
- Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other “hidden text” utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this Section 9 without prejudice to any other remedy provided by applicable law.
- Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to CosMedic Collective Online, our affiliates, partners or licensors.
- Your Account
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information.
You are responsible for ensuring that the personal information you provide to us is up to date. If you require any information regarding your order(s) please contact us on the following number (open 9am – 5pm, Monday to Friday, excluding public holidays) 0422 062 348 or contact us.
Alternatively, you can update your details through the “my account” page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered
Your account can be cancelled at any time by contacting us on the following number (open 9am – 5pm, Monday to Friday, excluding public holidays) 0422 062 348 or email us.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in CosMedic Collective best interests to do so.
- Third Party Links
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
- Submissions
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
- Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; (f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED AUSTRALIAN DOLLARS AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED WHICHEVER IS GREATER. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
- Complaints
If you wish to complain about any matter in respect of the goods please contact us on the following number (open 9am – 5pm, Monday to Friday, excluding public holidays) 0422 062 348 or email us.
- Disputes
Your use of this Website and any purchase by you of any goods from CosMedic Collective Online shall be governed by Australian law and the parties hereto submit to the exclusive jurisdiction of the Australian courts.
- General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please contact us by contact us.
Returns & Exchanges
We hope that you are delighted with your order. However, if for any reason you are not entirely satisfied, you may return any item in its original condition for a full refund or exchange within 14 business days from delivery.
Refunds and Exchanges will be processed within 5 business days upon receipt. Refunds (excluding the initial delivery charge) will be made against the original debit/credit card used.
We cannot accept returned goods that we reasonably believe have been used. In such circumstances, we will notify you that no refund will be available and will return such goods to you within 28 days of our notification.
All offers including, (samples, gift sets and bags, full size product, discounts) are only offered free of charge when supplied with an authorised and fully completed purchase. Any purchase that is cancelled and refunded, requires the customer to return the purchase including the free of charge item(s). Partially cancelled and refunded purchases require the customer to return the partially cancelled purchase including the free of charge item(s) if the final purchase amount is below the offer qualifier.
THE RETURNS PROCESS
STEP 1. – Complete the Necessary Documentation
Please click here to print the Returns Form and complete all required details, including the reasons for your return or exchange. Please note that we cannot accept returned goods that we reasonably believe have been used.
STEP 2. – Return The Product
Goods must be returned to us in their original condition at our distribution centre within 14 working days of delivery. Please ensure that the returned parcel is properly sealed, and that you have included within the returned parcel your completed Returns Form as well as your Delivery Note. Please be sure to indicate whether you require a refund, exchange or replacement.
STEP 3. – Processing The Refund
Refunds and exchanges will be processed within 5 days of receipt. Exchanges will be sent via standard shipping. Please allow 7-10 business days for delivery. You will receive a confirmation email notification or phone call from our Customer Service Team.
DAMAGED / FAULTY / INCORRECT ITEMS
If the goods you receive are damaged or faulty in any way, or not what you originally ordered we will be happy to exchange the items or offer you a refund.
Please notify us immediately by filling out our Contact Us form. Please be sure to select ‘An Online Order’ and include your Order Number.
This policy is only applicable to purchases made online; we are unable to process returns for purchases made within a partnered retail location.
Returns for purchases made online will not be accepted for return or exchange at a CosMedic Collective location. Your statutory rights remain unaffected.
Order Cancellations
If you would like to cancel an online order after it has been placed, please contact us as soon as possible by phone on 0422 062 348. We will do our best to accommodate your request.
Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons include:
Item(s) not available.
Difficulty in processing payment information.
Cannot ship to the address provided.
A duplicate order was placed.
Cancelled due to customer request.
If your order is cancelled, you will receive an email to explain the reason for the cancellation. You will not be billed for any cancelled items. If you are interested in placing a new order or if you have questions about a cancelled order, please contact us on 0422 062 348.
Booking Cancellation Policy
Gift Voucher Terms & Conditions
These conditions apply to use of the CosMedic Collective Gift Card (gift card), issued by Elan Aesthetics Pty Ltd , Trading as “CosMedic Collective” (CMC).
Purchasing or using the gift card means that you accept these conditions.
CMC may, in its complete discretion, refuse to sell gifts cards to any person at any time for any reason.
If you let another person use your gift card, you must tell them that they will be bound by these conditions. The law of the state in which the gift card is purchased applies to this agreement. By entering into this agreement you unconditionally submit to the jurisdiction of the courts of the state where the gift card is purchased.
The gift card may only be used to purchase goods or services at clinics where CMC is the primary contractor for Cosmetic Injectables which at the time of issue is: Pinnacle Dermatology Orange, Neveah Beauty Lithgow, Park Clinic East Sydney, Clinic423 Surry Hills and Dentist in the Park Bondi.
The purchase of a voucher does not alter the process for any clinical or beauty procedure.
Gift cards cannot be redeemed for cash, returned for a refund, have their balances consolidated to a new gift card, or be replaced after expiry and are not legal tender, account cards, credit or debit cards or securities.
Anyone holding the gift card can use its value to make purchases so your gift card should be kept secure. If your gift card is lost or stolen, immediately report this to CMC (administration@cosmediccollective.com.au). We may be able to stop a gift card value being used, but take no responsibility and are not liable for any loss suffered by you as a result of a lost or stolen gift card.
We may replace a faulty, lost or stolen gift card at our discretion. Any replacement gift card will have the same unused value (at the time of replacement) and expiry date. Gift cards will be void if they are defaced, mutilated, altered or tampered with in any way. We may subject gift cards to verification and security checks at our discretion.
We may cancel any gift card, or the gift card scheme, for any reason at any time without notice. If so, we may either provide a refund or a replacement gift card of equivalent value unless we reasonably suspect fraud in relation to a gift card. The gift card remains the property of CMC.
The Gift Card will EXPIRE THREE YEARS FROM THE DATE OF ISSUE.
Gifts cards are valid for three years from the Date of Issue. After the gift card has expired, it is no longer valid. All transactions will be declined. Unused value will not be refunded and will become the property of CMC.