Terms & Conditions

LSM CLINIC PTY LTD (ACN 109 388 301)

Terms and Conditions

Between

LSM Clinic Pty Ltd (ACN 109 388 301) (“the Provider”)

and

the Customer

Purchases of the LSM Clinic Pty Ltd’s Products are governed by these Terms and Conditions. By placing an order, you agree to and accept these terms.

These are the only terms and conditions which are binding on the parties with the exception of those otherwise agreed in writing by the Provider.

1. Definitions

Customer means you, the purchaser;

IP Rights means any and all registered and unregistered intellectual property rights anywhere worldwide including without limitation, all copyright, business names, design rights, domain names, patent applications, patents, trade secrets, trademark applications, trademarks and all neighbouring or proximate rights in such things.

Notifiable Health Issues means allergies, skin conditions, skin sensitivities, general health or medical conditions and current medication use.

Products means any product sold by LSM Clinic Pty Ltd.

Provider means LSM Clinic Pty Ltd (ACN 109 388 301) care of Cornerstone Partners, 312 Churchill Avenue, Subiaco, WA 6008.

Terms and Conditions means these terms and conditions.

2. Products

(a) The Provider’s products are sold in accordance with the Australian Consumer Guarantees stipulated under the Competition and Consumer Act 2010 (Cth). Any publications provided with products are not intended for use as a medical diagnosis.

(b) The Provider makes no express warranties under these Terms and Conditions which are subject to the provisions of the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law. Nothing in these terms and conditions modify or vary the legislation provisions. The Provider’s liability is limited to the fullest extent permitted by law.

(c) The Provider makes no express warranties in relation to the suitability for any purpose of the Product.

(d) To the extent permitted by legislation, the Provider’s obligation to repair or replace is void in respect of the Product that is altered, tampered, misused or used incorrectly by the Customer beyond the Product’s manufactured purpose specifications.

(e) The Customer must advise the Provider in writing prior to purchasing any Products of any known or suspected Notifiable Health Issues;

(f) If the Customer does not provide written notification to the Provider of the existence of any Notifiable Health Issues that the Customer suffered or suffers from and an allergic reaction occurs, then a Product cannot be deemed to be faulty as the Provider was hindered in making an assessment of the Product being fit for purpose for the Customer.

3. Inspection and Acceptance

(a) The Customer shall inspect the Products upon delivery and shall within two (2) business days of delivery give written notice to the Provider of anything the Customer alleges is not in accordance with the order.

(b) Should the Customer fail to provide the notice provided for in the above clause 3(a), subject to any non-excludable condition implied by law, such as those in the Competition and Consumer Act 2010 (Cth), the Products shall be deemed to have been delivered to you.

(b) All products remain the property of the Provider until fully paid for by the purchasing Customer, this includes any products purchased where a credit card payment has been declined by the authorised credit card financial institution.

4. Risk in Goods

(a) Risk of loss and damage will pass to the Customer upon the Provider transferring the Products to the carrier. A tracking number will be provided to the Customer for tracking purposes. It is up to the Customer to ensure there is someone available to receive the goods on delivery or to provide a secure location for delivery.

(b) Shipping schedules are estimates only and cannot be guaranteed. The Provider is not liable for any delays in shipments. Although every effort is made by The Provider to keep agreed timeframes, the Provider assumes no liability for loss or damages occasioned by delays in delivery that are deemed reasonable. The Provider will be diligent in adhering to timeframes to its best ability and to best suit the Customer.

5. Credit or Refund on Returned Items

(a) The Provider will refund any Product that is found to be faulty at the discretion of the Provider. Such things would include and are not limited to:

(i) faulty pump nozzles;
(ii) out of date products; and
(iii) allergic reactions that occurred whereby the Customer was not aware of any Notifiable Health Issues that would have enlivened the provisions within clause 2(e).

(b) Any refunds sought pursuant to clause 5(a)(iii) requires written evidence to be provided to the Provider from the Customer’s general practitioner stating that the Customer did not previously suffer from Notifiable Health Issues.

(c) A product cannot be deemed unfit for purpose if the product was not used for its disclosed purpose, or where the Provider’s written and verbal guidelines have not been adhered to.

(d) Refunds and credits will not be given for products that have been purchased in error or the Customer has had a change of mind.

6. Intellectual Property and Copyright

(a) The Provider asserts exclusive copyright for all materials designed, produced and provided to the Customer, whether or not explicit copyright assertion appears on the relevant items.

(b) The Provider does not transfer to the Customer through any service, Product or material IP rights.

(c) Copyrighted material may not be re-branded or reproduced under any circumstances. The Customer acknowledges and agrees that the Provider owns all the Intellectual Property Rights which are in existence at the time of purchase and come into existence after the date of purchase through the efforts of the Provider or which are developed with the participation of the Customer during the course of any treatment.

7. Privacy & Confidentiality

(a) All Customer information will remain strictly confidential. In accordance with the Privacy Act 1988 (Cth) all personal information is protected and may not, even with the Customers consent be passed onto a third party (unless the Customer is a minor).

(b) If you have received a mailing from The Provider, then your email address is either listed with The Provider as someone who has expressly shared this address for the purpose of receiving information or you have previously purchased or expressed interest in our products or services. Each email sent contains an easy, automated way for you to cease receiving these emails, or alternatively to change your details.

Simply follow the instructions at the end of your received email.

8. Webpage and Miscellaneous

(a) By placing an order with the Provider, the Customer agrees to these Terms and Conditions.

(b) In operating our email address www.marianrubock.com.au, we use safe, secure 3rd party provider technology to protect your personal information.

(c) Credit Card transactions are performed securely using the latest 128-bit Secure Socket Layer (SSL) encryption technologies. Credit card transactions for all business are processed in Australian Dollars (AUD). All transactions will be processed securely by Eway.com.au and no credit card details will be retained by us.

(d) If you have any questions regarding our security policy, please contact our customer support team via our ‘Contact Us’ page.

(e) These terms and conditions will be governed by the laws of the State of Western Australia.