Terms & Conditions

1.1               Thank you for choosing to shop with Paullie Skin! We hope all of our customers have a rewarding experience browsing the Paullie Skin website and purchasing our Products. Below are the terms and conditions that apply to transactions made through our Website. Please read them carefully and reach out to us if you have any queries or concerns.

1.2               By placing an Order or making a purchase through our Website, you agree to be bound by these Purchase Terms, together with our Privacy Policy and Website Terms of Service, and understand that by purchasing our Products, you are creating a binding contract between you and Paullie Skin.

In these Purchase Terms, the following words have the corresponding meaning:

(a)                Business Days means a day that is not a Saturday, Sunday or public holiday in the jurisdiction which our Website operates.

(b)                Paullie Skin, us, we means the Paullie Skin Pty Ltd ACN  667 855 101.

(c)                 Website means the Paullie Skin website accessible at www.paullie.com.

(d)                GST Law means the same as “GST Law” in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(e)                Order means an order for the Products placed by you through the Website.

(f)                 Price means the price of the Products inclusive of Taxes in Australia and as listed on the Website.

(g)                Product(s) means those products listed on the Website and available for purchase from time to time.

(h)                Purchase Contract means the contract of sale entered into between you and Paullie Skin in accordance with the terms set out herein.

(i)                  Purchase Terms means these terms.

(j)                  Taxes means any present or future taxes (including taxes on consumption such as goods and/or services or value added tax), rates, levies, imposts, duties (including stamp duties), deductions, charges, compulsory loans and withholdings (other than any such taxes on the overall net income of a party) which may be incurred in any jurisdiction and any interest, penalties, fines or expenses relating to any of them.

(k)                You, Customer means:

(i)                  in the case of an individual placing an Order through the Website and accepting these Purchase Terms – that individual; or

(ii)                in the case of an individual placing an Order through the Website and accepting these Purchase Terms on behalf of a company or other legal entity – the company or other legal entity for which such individual is placing an Order and accepting these Purchase Terms.

3.1               When you place an Order through the Website, you enter a Purchase Contract with us.

3.2               The information on the Website constitutes an invitation to treat and not an offer by Paullie Skin to supply Products. When you submit an Order through the Website, this constitutes an offer from you to buy those Products in accordance with these Purchase Terms, together with the Paullie Skin Website Terms of Service and Privacy Policy.

3.3               No Purchase Contract shall be formed between you and Paullie Skin until we accept your Order by sending you a “confirmation of acceptance”. We may accept or reject an Order in our sole discretion, and nothing in these Purchase Terms require us to accept your Order.

3.4               An “order confirmation” is not a “confirmation of acceptance”. However, a shipping confirmation may, in accordance with its terms, constitute a “confirmation of acceptance”. We will endeavour to notify you whether we have accepted or rejected your Order and, if applicable, to confirm the delivery details for your Order as soon as practicable after receiving your Order.

4.1               You may submit an Order by selecting the Product you wish to purchase and adding it to your “shopping cart” on the Website. You must then complete the order form, which includes your personal, contact and payment details, before submitting the Order. You must provide all required information requested or we may not be able to process your Order.

4.2               You acknowledge that Products may, from time to time:

(a)                be advertised as discounted from the price you may pay for the exact same product; and

(b)                otherwise be sold at a lower price.

4.3               Once your Order is accepted by us, changes to your Order may not be possible or may incur additional charges or delays. You acknowledge that we are not responsible for any of the additional charges or delays caused by the changes to the Order.

5.1               We have made every effort to display as accurately as possible the colours and images of our Products that appear via the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

5.2               You acknowledge and agree that:

(a)                images of Products on packaging and the Website are for illustrative purposes only; and

(b)                your Products may vary from the image shown on the packaging or the Website.

5.3               You acknowledge that Customer experiences with the Products may vary from time to time, including in respect to any adverse reactions from use of the Products.

5.4               We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

5.5               All descriptions of Products or Product Price are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any product made on the Website is void where prohibited.

6.1               We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address.

6.2               If we make a change to or cancel an Order, we may attempt to notify you by contacting the e‑mail, billing address or phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors that are not stockists.

6.3               All Orders are subject to the availability of Products. We may reject or cancel any Order due to unavailability of any Product. If for any reason a Product is not available, we will endeavour to stipulate the non-availability on the Website. We may revise the range of Products or the specification of any Product at any time (save and except for where we have confirmed our acceptance of your order) without notice to you.

6.4               Where any Product is listed on our Website with an incorrect Price or with incorrect information, we reserve the right to reject or cancel your Order (regardless of whether you have made payment for that Order). You acknowledge and agree that we have no obligation to sell any Product either online where that good is listed with an incorrect Price or with incorrect information. Where you have already made payment for an Order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that Order.

6.5               Where you Order directly from us, you may cancel your Order any time prior to the time that we send our ‘confirmation of acceptance’ for that Order. Once we have sent our ‘confirmation of acceptance’ for your Order, you may not cancel that Order. 

6.6               You agree to provide current, complete, and accurate account information when using the Website. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.

7.1               The Price payable by you for Orders accepted by us shall be the Price quoted on the Website for the relevant Products at the time your Order is submitted, together with the applicable Taxes and delivery fees (which are payable in addition to the Price of the Products). 

7.2               The Price paid in accordance with these Purchase Terms reflect the entire Price you are to pay for the Product(s).

7.3               The Prices for the Products are stated and are payable in Australian dollars.

7.4               You must pay for your Orders by credit card, Paypal, ApplePay, GooglePay, Laybuy and/or any other payment method we allow.

7.5               We use third-party systems to process payments made by credit card and such payment systems are subject to the relevant providers’ terms and conditions.

7.6               If there is a problem with your payment (for example, if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs (including any legal fees on a solicitor and own client basis) where you fail to make payment for any Order when payment is due.

7.7               Any promotional prices offered by us from time to time will only apply to specified Products during the stated period, and we may extend, withdraw, or amend any promotional pricing at any time in our sole discretion.

8.1               Each package that contains a Product that you have purchased may be subject to Taxes of the country to which such package is shipped. All such Taxes are your responsibility.

8.2               When you purchase a Product from Paullie Skin, you are the “importer of record” and you must comply with all laws and regulations of the country to which such good is shipped.

8.3               In addition to the Taxes referred to above, you are responsible for and shall bear any charges for customs clearance. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country so you should contact your local customs authority for further information about such charges.

8.4               Cross-border shipments may be subject to opening and inspection by customs authorities. To facilitate customs clearance and comply with local laws, we may provide certain Order, shipment and Products information, such as your title, to our international carriers, and such information may be communicated by shipping service providers to customs authorities. Customs authorities may require us to declare the value of the products you have purchased.

8.5               You acknowledge that delays associated with customs clearance procedures may cause our original delivery timeframes estimates to be exceeded.

9.1               GST means the same as in the GST Law.

9.2               Terms defined in the GST Law have the same meaning in clauses concerning GST.

9.3               Unless otherwise indicated, all amounts stated in this agreement are exclusive of GST.

9.4               If GST is payable on a taxable supply made by a party under this Agreement (the Supplier) to another party (the Recipient), the Supplier may recover from the Recipient of the supply the amount of that GST in addition to any consideration otherwise provided for.

9.5               The Recipient must make the payment of the GST amount referred to above at the same time and in the same manner as it provides the consideration for the relevant supply subject to the Recipient receiving a valid tax invoice before the due date for payment.

9.6               The Supplier must issue an adjustment note to the Recipient as soon as it becomes aware of an adjustment event relating to the supply and must refund to the Recipient any overpayment of GST.

10.1           We use a variety of third-party logistics companies, in our discretion, to deliver Products.

10.2           The applicable delivery fees will be clearly displayed on the Website when you place your Order.

10.3           Once we have confirmed our acceptance of your Order, we will endeavour to dispatch your order within seven (7) business days unless a different timeframe is specified in relation to a particular Product. If we are unable to dispatch your Order within this timeframe, we will endeavour to contact you and advise you of the expected dispatch date.

10.4           You may specify delivery instructions for your Order (for example, you may authorise the courier or relevant logistics carrier to leave the Products in a specified location if you will not be at the delivery address). We will not be responsible or liable for anything that happens to any Order that is delivered in accordance with your delivery instructions, or otherwise.

10.5           Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery. You acknowledge that your order may arrive in more than one delivery.

10.6           You acknowledge that we are not responsible for any loss or damage suffered by you:

(a)                as a result of any incorrect information provided by you in respect to your Order, including any incorrect shipping address information;

(b)                if the Product you purchased is damaged on arrival due to handling of the Product from the time the Product was dispatched from us; or

(c)                 if your Product is seized or destroyed in accordance with any import law or practices for your jurisdiction.

10.7           If your Order is returned to us by our logistics carrier due to a failed delivery, you acknowledge that we may charge you an additional delivery fee for redelivery of the Order.

10.8           When you receive your Order, you must immediately inspect the Product for any damage. If your Product is damaged or defective on delivery, you must notify the delivery driver at the time of delivery and notify Paullie Skin within two (2) days of the delivery date.

11.1           We retain ownership and title of the Products we supply to you until we have received the full price for the Product(s) and any applicable delivery charges. Once your Order has been delivered to you (or has otherwise been delivered in accordance with your delivery instructions), as evidenced by confirmation provided to us by the relevant logistics carrier, you assume full responsibility for and risk in the Product(s).

12.1           To the maximum extent permitted by law but subject to the Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), we provide our Products on an “as is” and “as available” basis without any representation, warranties, conditions or guarantees of any kind (whether, express, implied, statutory, or otherwise), including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

12.2           In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our Website or your use of any of the Products procured using the Website, or for any other claim related in any way to your use of the any Product. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12.3           If, notwithstanding this section, Paullie Skin is found to be liable to you for any damage or loss, our liability shall in no event exceed the amount you paid for the Product.

13.1           We do not, and nothing in these Purchase Terms, grants or transfers any right, title, or interest in any intellectual property of Paullie Skin to you.

13.2           You must not remove, deface, or alter any trade marks, brand names or intellectual property appearing on our Products or their packaging.

14.1           If you are dissatisfied with our service, actions or decision, a complaint may be lodged via email to info@paullie.com, by phone on (07) 5649 6849. We recognise the importance of listening to our Customers and responding appropriately.

15.1           If a dispute shall arise between you and Paullie Skin in respect of these Purchase Terms, or any other policy of Paullie Skin, including the Privacy Policy, or Website Terms of Service, then the parties agree to use their best endeavours to resolve such dispute within a period of 60 days from the time any party gives to the other party notice in writing of the dispute. All negotiations pursuant to this clause will be confidential and treated as a compromise and settlement negotiations for the purposes of all rules and codes of evidence of applicable legislation.

15.2           Where a dispute is not resolved in accordance with the above paragraph (Unresolved Dispute), then a dispute shall be referred to and finally resolved either by a court of competent jurisdiction in the State of Queensland, Australia or by arbitration administered by the Resolution Institute in Australia at our sole discretion, provided if any Unresolved Dispute is commenced by you, you shall give us not less than 14 days’ notice in writing of your intention to commence proceedings, and we must exercise our election in writing within 14 days of receiving that notice.

15.3           Any arbitration commenced at the Resolution Institute in Australia shall be conducted under the Resolution Institute Arbitration Rules in force when the Unresolved Dispute is submitted to the Resolution Institute. Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute. The substantive law to be applied in the arbitration shall be the law of Queensland, Australia. There shall be one arbitrator, the language of the arbitration shall be English, and the place of the arbitration shall be the city of the Gold Coast in the State of Queensland, Australia.

16.1           These Terms will be governed by and construed in accordance with the applicable laws of the Queensland, Australia, without giving effect to the principles relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding arising out of or related to this Agreement must be brought exclusively in and will be subject to the service of process and other applicable procedural rules of Queensland, Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts in Queensland, Australia, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party.

17.1           If any clause of these Purchase Terms shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

17.2           We shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Paullie Skin of these Purchase Terms.

17.3           In the event of any breach of these Purchase Terms by Paullie Skin, the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Product purchased by the Customer.

17.4           Paullie Skin shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to Paullie Skin by the Customer.