Terms & Conditions

OVERVIEW

This website (“Site”) is operated by Amorepacific Australia Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Amorepacific Australia Pty Ltd. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in using our services (“Service”) and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

     1. GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

     2. ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or any other content available on the site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions to change or update information at any time without prior notice

      3. INTELLECTUAL PROPERTY

All information and content available on the Site, including but not limited to its "look and feel" trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the "Content") is the property of Amorepacific Australia Pty Ltd., our affiliates, partners or licensors, and is protected by Australian and international laws including laws governing copyrights and trademarks.

       4. LIMITED LICENSES

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: (a) frame or utilise 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" utilising 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.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of 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 controversial, vulgar, pornographic, libellous, hateful or illegal or inappropriate for any 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; and (vi) 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 and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorised 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 & Conditions.

       5. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

      6. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refunds & Exchanges Policy.

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

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing 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 or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

       7. ACCURACY OF BILLING AND ACCOUNT INFORMATION

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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refunds & Exchanges Policy

      8. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms & Conditions.

     9. THIRD-PARTY LINKS

 Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

      10. SPECIAL OFFERS AND PROMOTIONS

The Site may offer certain special offers or promotions which may be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms & Conditions. If you choose to take advantage of these offerings, you agree that your use of those offerings may be subject to such additional or separate terms of use, rules and/or policies.

     11. GIFTS WITH PURCHASE

Gifts with purchase are non-exchangeable and non-refundable. Gifts are only available during the promotional period stated, and while stocks last. innisfree Australia reserves the right at any time to replace the gifts with similar value. Innisfree Australia reserves the right to reject any return, exchange or refund of Free Gifts. Gifts are issued based on your final net amount paid (after deducting any vouchers or discounts). 

      12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

     13. CUSTOMER REVIEW TERMS & CONDITIONS

 

  1. Entrants agree that they are fully responsible for the entry which they submit, including any entry content (such as text, images, photos and videos) and any accompanying comments (Submission). The Promoter shall not be liable in any way for such Submission to the fullest extent permitted by law. The Promoter may remove any Submission without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Submission that is unlawful or fraudulent, or that the Promoter could reasonably deem to be in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior written consent from any person that appears or is personally identifiable in their Submission; (c) they will obtain full prior written consent from any person who has jointly created or has any rights in the Submission to the uses and terms herein; (d) their Submission does not contain viruses and will not cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including, without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems. 
  2. Entrants consent to the Promoter using the entrant's name and likeness in any media for an unlimited period without remuneration for the purposes of promoting this Competition (including any outcome) and promoting any products manufactured, distributed and/or supplied by the Promoter and their related bodies corporate. 
  3. Entry into the Competition is conditional upon the entrant’s approval of the Promoter’s Privacy Policy and the entrant agrees that by entering into this Competition, the entrant consents to the terms of the Promoter’s Privacy Policy, which can be assessed by visiting https://au.innisfree.com/pages/privacy-policy.
  4. Any cost associated with accessing the promotional website situated at au.innisfree.com is the entrant’s sole responsibility and is dependent on the Internet service provider used. The Promoter accepts no responsibility for entrants’ use (or attempted use) of the website.
  5. If, for any reason, this Competition is not capable of running as planned, including, but not limited to, as a result of tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Competition, the Promoter reserves the right, at its sole discretion: (a) to disqualify any entrant who tampers with the entry process; or (b) to cancel, terminate, modify or suspend the Competition, as appropriate. If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter also reserves the right, at its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to cancel, terminate, modify or suspend the Competition, as appropriate. 
  6. To the fullest extent permitted by law, the Promoter makes no warranties, representations or guarantees, express or implied, in fact or in law, as regards this Competition or the merchantability, quality or fitness for a particular purpose of any prize or any component of any prize. 
  7. The Promoter does not exclude any rights or remedies in respect of goods or services which cannot be excluded, restricted or modified by law. However, to the fullest extent permitted by law, the Promoter (including its officers, employees and agents) excludes all liability (including for negligence) for any personal injury or any loss or damage (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Competition, including, but not limited to, where arising out of the following:
    1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    2. any theft, unauthorised access or third party interference;
    3. any entry or prize claim that is cancelled, delayed, interrupted, diverted, late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or otherwise);
    4. any variation in prize value or specification to that stated or referred to in these Terms and Conditions;
    5. any tax liability or similar charge incurred by the winner; or
    6. use of a prize by the winner.
  8. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries or any other event beyond its control and, in these circumstances, the Promoter may, at its absolute discretion, cancel the Competition (without liability) and, if it elects to do so, recommence it from the start on the same conditions.
  9. Without limiting any other terms herein, the entrant indemnifies the Promoter for any breach of the above terms, conditions or warranties.
  10. All entries become the property of the Promoter (including any intellectual property rights comprised therein). All opt-in entries will be entered into a database and the Promoter may use the entrants’ names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid, unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact the Promoter via the details set out below. Any request to update, modify or delete the entrant’s details should also be directed to the Promoter.
  11. Entrants’ personal information may be disclosed to Australian lottery departments and the winner’s name published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.
  12. This Competition and any issues relating to the construction, validity, interpretation and enforceability of these Terms and Conditions shall be governed by the laws of Victoria, Australia.
  13. The Promoter is Amorepacific Australia Pty Ltd (ABN 37 622 347 237) of Level 5, 108 Elizabeth Street, Melbourne, Victoria, 3000, Australia.
  14. If you have any questions regarding these Terms and Conditions, the Promoter may be contacted by email at cs_au@innisfree.com or by telephone on 03 7024 1035. 

 

    14.  PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here

    15. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services available on the Site, including any samples that are provided, are for personal use only. You may not sell or resell any of the products, services, or samples that you purchase or receive from us. 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 & Conditions. If a registered member does not comply or violates the terms and conditions in any way, we reserve the right to cancel the account with or without notice.

     16. YOUR OBLIGATIONS AND RESPONSIBILITIES

By accessing or using the Site or any Content, you agree that you will comply with these Terms & Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act 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 willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

     17. PROHIBITED USE

In addition to other prohibitions as set forth in the Terms & Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

     18. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall innisfree Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential 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 any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. 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.

     19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless innisfree Australia 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

      20. SEVERABILITY

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

     21. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

       22. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

     23. GOVERNING LAW

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

     24. CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes. 

      25. CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at cs_au@innisfree.com.