1. GENERAL TERMS
Effective as of 26 NOV 2021
These Terms & Conditions were last updated on 28 MAR 2022.
Welcome to the website of ALCAPOC (“Site”).
These Terms & Conditions apply to the products, services, website(s) provided, and/or the business conducted, by DERMIS11 PTY LIMITED ABN 69629446680 (referred to as “ALCAPOC”, "we", "our", "us").
2. APPLICABLE LAW
This Site is created and controlled by ALCAPOC in the State of New South Wales, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of New South Wales, will govern these Terms and Conditions. By using this Site you submit to the jurisdiction of the courts of New South Wales and Australia and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legally binding contracts under applicable law.
We may from time to time modify these Terms and Conditions, other policies, or the content of the Site, without notice. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. You should read the Terms and Conditions before placing an order online and check back often. If you do not agree to any change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.
5. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products and services on the Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the Site are accurate, complete, reliable, current, available or error-free.
We reserve the right to only accept orders from those aged over 18. When you place an order through our Sites, you confirm that you are over the age of 18 years and are legally eligible to enter into binding contracts. If you are under 18 years of age, you may only place an order with the consent of your parent or guardian. If you do not have consent from your parent or guardian, you must stop using the Site.
In order to make purchases through this Site, you will be requested to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
If you register on the Site, you will have an email address/username and password for your ALCAPOC account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm or loss caused by any wrongful use of the Site or Content resulting from such access or use.
By making an offer to purchase goods or services from us, you expressly authorise us to perform credit checks and, where ALCAPOC considers necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
7. PRICING POLICY
Prices shown on the Site are in Australian Dollars (AUD) and are inclusive of GST.
Prices are subject to change effective immediately upon posting to the Site or other form of notification.
The price of products will be as stipulated at all times on our Site, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the Site is correct, error may occur. If we discover an error in the price of any of the products that you have ordered, we will notify you as soon as possible and give you the option of confirming your order at the correct price. If ALCAPOC is unable to contact you, your order may be cancelled and the amount paid by you will be refunded in full via the original payment method you used.
8. ACCEPTANCE OF YOUR ORDER OR BOOKING
Items are not reserved in your cart until order is submitted and finalised.
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order or booking, just a confirmation that we have received it (“Order Confirmation”).
All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the item has been dispatched (“Shipping Confirmation”). The contract for the sale and purchase of an item between you and ALCAPOC (“Contract”) will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of those items has been confirmed in a separate Shipping Confirmation. The ALCAPOC Terms form a part of the Contract.
ALCAPOC reserves the right not to accept your order in the event that we are unable to obtain authorisation for payment, that the item ordered is out of stock, the services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions.
ALCAPOC will notify you as soon as possible if a particular item is out of stock and arrange for a refund or exchange.
ALCAPOC reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion.
ALCAPOC reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.
The contract for the supply of goods or provision of services (as the context permits) is concluded in New South Wales, Australia.
View our Shipping Policy.
10. INTENDED USE
By placing an order with ALCAPOC you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
Products including samples from ALCAPOC are for your personal use and non-commercial use.
11. INTELLECTUAL PROPERTY RIGHTS
The Site and its "look and feel", all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this Site, and all intellectual property rights contained in each of the foregoing, including, without limitation, trade marks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the "Content"), are owned by, and is the property of, ALCAPOC, or in some cases, our affiliates, partners, licensors. These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trade marks.
You are permitted to use the Content only as expressly authorised by ALCAPOC, its third party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited.
ALCAPOC makes no recommendations as to the use of any information or Content on this Site which may infringe the intellectual property rights of itself or any third parties. ALCAPOC makes no representations or warranties that use of the information or Content on this Site will not infringe such intellectual property rights.
12. LIMITED LICENCE
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to (and you are prohibited from doing any of the following):
(a) frame or utilize framing techniques to enclose the Site or any portion thereof;
(b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site);
(c) make any use of the Site or any and/or all Content other than personal use;
(d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content;
(e) collect account information for the benefit of yourself or another party;
(f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or
(g) 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. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. All powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
13. REPRESENTATIONS AND WARRANTIES
The advice and information contained within the Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While every effort is taken to ensure that the information contained within the Site is accurate, ALCAPOC takes no responsibility for any loss or damage arising from its use.
ALCAPOC does not promise that the Site and Content is error-free. ALCAPOC does not promise that the functional aspects of the Site and Content will be error free or that this Site, Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The Site is presented "as is" and 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 able to be excluded at law.
Certain legislation, including Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired.
14. TITLE & RISK
Risk of damage to or loss of the products shall pass to you at the time of delivery, or, if you wrongfully fail to take delivery of the products at the time when ALCAPOC has tendered delivery of the products.
Notwithstanding delivery and the passing of risk in the products or any other terms in the ALCAPOC Terms, the property in the products shall not pass to you until ALCAPOC has received in cash or cleared funds payment in full.
15. LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) 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) 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 websites;
(e) any inaccuracies or omissions in Content, or
(f) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, 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 and in no event shall our maximum aggregate liability exceed one thousand dollars ($1000.00).
16. PRODUCT INFORMATION
The product statements are not intended to diagnose, treat, cure or prevent any condition or disease. All material and information relating to products presented by ALCAPOC on the Sites is intended to be used for personal educational or informational purposes only. The statements made about the products have not been evaluated by the Australian Competition and Consumer Commission, National Industrial Chemicals Notification and Assessment Scheme or any other regulator, and the results reported, if any, may not necessarily have the same results on all individuals.
Our Site is not meant to serve as a substitute for professional advice. Our site is solely for Speciality Beauty products. Please consult with your own physician or health care practitioner regarding use of any products, products or information received from the Site before using or relying on them.
17. CONSUMER GUARANTEES
Our products come with the consumer guarantees found in the Australian Consumer Law which cannot be excluded, including guarantees that the products will be of acceptable quality.
In the unlikely event that you receive products from us that do not comply with the consumer guarantees, we will provide you with a refund or exchange based on the below:
If we consider that the product has a major failure under the Australian Consumer Law (eg. the product is unsafe, does not fit the description or is not fit for purpose), you can return it and receive your choice of a refund or an exchange, and compensation for any other reasonable foreseeable loss or damage.
If we consider that the product has a minor failure under the Australian Consumer Law (eg. the product's packaging is cracked but does not affect the safety or use of the product), we will provide you with our choice of a refund or exchange.
Where a product is damaged through misuse, accident or abnormal use, the Australian Consumer Law or any manufacturer’s warranty may not apply, and ALCAPOC may choose not to provide a refund, exchange or repair (if applicable).
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:
your breach or non-observance of any term of these Terms and Conditions;
any breach or inaccuracy in any of your representations or warranties; or
your use of the Site.
You agree to indemnify, defend and hold harmless ALCAPOC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19. NO COMMERCIAL USE
This Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this Site. You may not use this Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
20. USE OF INFORMATION
If you upload or otherwise provide any information or content ("User Content") in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation.
You agree that you will not upload or otherwise provide any User Content which:
is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
infringes the intellectual or other proprietary interests of third parties;
contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
violates any law, statute or regulation;
forges information to disguise the origin of any User Content; or
encourages or incites any other person to engage in any of the above behaviour.
You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.
21. THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than ALCAPOC for convenience only. ALCAPOC is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites.
22. BREACH AND TERMINATION
If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
24. FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
All terms of an offer must be met. Offers are limited while stocks last.
Only one offer, special, or voucher is valid to be used in each single transaction. A customer cannot combine two or more offers into one transaction. The offer with the greatest discount will take precedence.
Offers are valid only for the period specified and will end at 11.59am AEDT on the end date, unless stated otherwise in the offer terms. Orders placed on days with free shipping offers are not eligible for our 12pm same day dispatch guarantee. We reserve the right to vary, withdraw or cancel promotional offers for any reason at any time.
All terms must be met for Samples to be sent to a customer. Samples are limited and are only available while stocks last. If a sample goes out of stock, ALCAPOC will provide a substitute.
The maximum number of samples per customer is (2). Maximum number of sample orders for each address within Australia is (2).