Terms & Conditions

Welcome to the YORA website.  When you access and use our website or purchase products from our website you agree to be bound by, and comply with, these terms and conditions and any changes that we may make to them from time-to-time (Website Terms). The Website Terms include our Privacy Policy.  These Website Terms form an agreement between you and YORA Skin Science Pty Ltd (ACN 628 659 512) (YORA, and sometimes referred to herein as “we,” “our” and “us”). Please review them carefully to ensure you understand and agree with them. If you do not agree, please cease using our website.   

1.   Information provided on our website

1.1.   Except as provided by law, our website is provided “as is” and without any warranty or condition, express or implied. The information and content provided on our website are of a general nature.  While we take all reasonable steps to ensure the accuracy and completeness of the information and content on our website, to the maximum extent permitted by law (including, without limitation, the Australian Consumer Law (ACL)) we make no warranties or representations about our website and its content including (without limitation) warranties or representations that the website or its content will be complete, accurate or up to date.
  

1.2.   We may alter, suspend or discontinue our website or any content on our website at any time and without notice to you.  We do not warrant and do not represent that our website and the content on our website are secure, free from viruses or other defects, or that access will be uninterrupted or error-free.  We provide access to our website and its content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website and its content. 

1.3.   To the maximum extent permitted by law (including, without limitation, the ACL) in no event will YORA, its affiliates and related bodies corporate, and its and their respective officers, directors, employees and agents be responsible or liable for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your use of our website and/or the information or content contained on it. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant service, the cost of resupplying the service or the cost of repairing the services.  We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.

2.   Your use of our website

2.1.   You must only use our website in accordance with these Website Terms. You must not use our website for any illegal, prohibited or inappropriate purpose or attempt to do anything that interferes with or disrupts our website.  For example, and without limitation, you must not:

i.   defame, abuse, intimidate, harass, threaten or offends us, our employees, officers, agents or other individuals and users of the website;
ii.   breach any laws or regulations or infringe anyone’s intellectual property rights or privacy rights;
iii.   impersonate or attempt to impersonate YORA, a YORA employee (including, without limitation, by using email addresses or references to this website)
iv.   upload harmful files that may cause damage to our property or the property of others; or
v.   hack, spam, disable, corrupt or otherwise affect the functionality or performance of the website or its content.


2.2.   Without notice to you, and at our sole discretion, we may immediately remove any information or content that you post on our website which we believe breaches these Website Terms, or for any other reason.

3.   Third party websites

3.1.   We may display content or links to websites operated by third parties on our website. Such content or links are not operated by us and are provided for your convenience only.  We are not responsible for the content of third party websites and make no representations about the accuracy of third party sites.   

4.   Promotions, competitions and discounts

4.1.   From time-to-time, YORA may run promotions or competitions or offer discounts through the website. In such circumstances, additional terms and conditions may apply to those promotions, competitions or discounts. Your participation in any promotion or competition or your right to an offered discount is subject to these Website Terms and any specific terms and conditions that may be expressed to apply.

5.   Intellectual Property

5.1.   All content made available on our website and all rights, title and interest in such content, including our trade marks and logos (including the YORA brand), our graphics, text, video and the overall look and feel of our website (our content), is owned by or licensed to us and is subject to copyright or other intellectual property rights.  Subject to these Website Terms, we grant you a limited, non-exclusive, revocable and non-transferable licence to view, download and print our content via the website.

5.2.   You may only use, access and print content on our website for non-commercial or personal use provided you keep intact all copyright and propriety notices. You are otherwise prohibited from any other use, copying or reproduction of our website and our content. Except as expressly stated above, you are not granted any right, title or interest to our website or our content.


6.   Customer account

6.1.   You have the option to create an account through the website.  By creating an account, you may have access to additional features on the website including the ability to save your address details and view your product order history.

6.2.   If you choose to create an account, you acknowledge and agree that:

i.   all information provided by you is complete, true and correct;
ii.   you must keep your account information current and up to date;
iii.   you must keep your account information, including your username and password, secure at all times and you must notify YORA immediately if you become aware of any actual or potential unauthorised access to your account; and
iv.   you must not create an account on behalf of someone else.

7.   Terms of Sale
7.1.   These Terms of Sale apply to the ordering, purchase, fulfilment and delivery of products and gift cards (Products) from our website and form part of the Website Terms.  These Terms of Sale constitute a legally binding contract between you and YORA.  By placing an order with us, you agree to be bound by these Terms of Sale.

7.2.   Your purchase of Products may also be subject to any terms and conditions imposed by our online shopping platform provider, Shopify.  You also agree to be bound by Shopify’s terms and conditions which may apply to you from time to time.

Orders
7.3.   All orders placed by you are an offer to purchase the Products for the price plus any delivery charge as shown at the time of submission of your order. All orders are subject to availability and acceptance by YORA.  Each order that you place will, if accepted by us, be a separate and binding agreement between you and YORA with respect to the supply of the relevant Products, in accordance with these Terms of Sale. 

7.4.   YORA may accept or reject your order for any reason in its absolute discretion.  If your order is rejected and you have paid for the order, you will receive a refund of any money paid to us in respect of the rejected order. 

7.5.   You must not resell in a commercial manner any of the Products you purchase from us. Specifically, you acknowledge and agree that all Products purchased by you are for personal use only and are not for resale or commercial use.

Price
7.6.   The Products are charged at the price published at the time you submit your order.  YORA reserves the right to change the price of Products at any time without notice to you.  

7.7.   We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. To the extent not prohibited by law, we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

7.8.   If you are purchasing Products in Australia, all prices listed on the site are in Australian Dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

7.9.   If you are purchasing Products in New Zealand, all prices listed on the site are in New Zealand Dollars and are inclusive of any New Zealand Goods and Services Tax (as applicable).

7.10.   If you are purchasing Products in a country other than Australia or New Zealand, all prices listed on the site will be in the currency of the applicable country from which you are accessing our website, unless otherwise stated. Prices are inclusive of all applicable taxes and duties set by your destination country, unless otherwise stated.

7.11.   In addition to the price for the Products, you will also need to pay the delivery charge listed (if any). Any delivery charge will appear in your shopping cart. If you live in a remote area where we incur additional delivery charges, we reserve the right to charge you an additional delivery charge which may not be displayed in your shopping cart at the time of placing your order.  If additional delivery charges are required, we will contact you before accepting your order and provide you with a quote for these additional delivery charges.  You may choose to accept these additional delivery charges or ask us to cancel your order, in which case we will provide you with a full refund of any money paid to us for your order.  
 
Payment
7.12.   Payment in full for all Products is required at the time of placing an order with us.

7.13.   By submitting an order, you represent and warrant to us that you are authorised to use the method of payment you provide to us.  You authorise us to charge to that payment method the total amount of your order (including any applicable taxes and delivery charges).  If the payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. YORA is under no obligation to ship any Products ordered until payment in full for those Products has been received.

Availability of Products
7.14.   YORA does not guarantee the availability of Products on its website. If, for any reason, a Product in your order is out of stock or cannot be delivered, we will amend your order and refund you for any money charged for the price of the undelivered Product.

Cancellations and order amendments 
7.15.  If you need to cancel or amend an order shortly after the order has been placed and prior to the Products being dispatched, you may contact YORA to request the amendment or cancellation and we will do our best to accommodate your request.

Delivery
7.16.   Details of our estimated delivery timeframes and information about order tracking can be found on our Shipping and Returns Page. 

7.17.   Risk and title in the Products pass to you on the date and time the Products are delivered to the address provided by you in your order.

7.18.   We do not guarantee the dispatch or delivery of Products within the timeframes provided.  Delivery times are our best estimate however stock availability and events outside of our control may cause delays, or in some circumstances prevent your Products from being delivered.  If we are unable to deliver your Products within a reasonable time, you may ask us to cancel your order or we may automatically cancel your order, in which case we will provide you with a full refund of any money paid to us for undelivered Products. 

7.19.   On delivery you may be required to sign a proof of delivery document.  If you authorise us to deliver the Products without being required to sign for proof of delivery, we will not be liable for any lost, stolen or damaged Products once these Products have been delivered. 

Returns

Change of mind policy

7.20.   Our Products come with a 14-day change of mind return policy.  YORA offers you a full refund or exchange, at your election, if you change your mind in respect of any of our Products purchased from our website subject to the following conditions:

i.   you are responsible for paying any delivery costs associated with returning the Products to us;
ii.   you must provide a proof of purchase with the returned Products;
iii.   the Products are unopened, unused and in their original condition with all packaging still intact; and
iv.   if Products are purchased as part of a package, all products in that package are returned to us in their original condition.

7.21.   If you wish to return your Products for change of mind, you must contact us via the Contact page on our website or alternatively email us directly at returns@yora.com.

Consumer guarantees – LIMITED WARRANTY

7.22.   Your sole express warranties with respect to the Products are our Change of Mind policy and the warranties provided below. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. You may have consumer guarantees that cannot be limited by us and our change of mind policy does not affect your rights under the ACL and other laws applicable to you.  If your Product is not of acceptable quality, does not match its description or is not fit for purpose, you may under applicable law be eligible for a refund, exchange or repair and in some cases compensation for loss or damage notwithstanding the foregoing disclaimer of implied warranties.

7.23.   If you have purchased a Product with a major fault, you have the right to ask for a replacement or refund. If you have purchased a Product with a minor fault, we can choose to give you a free repair (if practical) instead of a replacement or refund.

7.24.   Products returned under these consumer guarantees and limited warranties can be returned within a reasonable timeframe subject to also providing us with proof of your purchase. When returning or exchanging a faulty, damaged or incorrectly described Products, YORA may arrange return postage on your behalf or refund reasonable postage costs upon presentation of a postage receipt, subject to our confirmation that the Product is faulty, damaged or incorrectly described.  If, upon inspection, the Product is found not be faulty, damaged or incorrectly described we may require you to pay for the cost of the return postage.

7.25.   To arrange a return for a faulty, damaged or incorrectly described Product please contact us via the Contact page on our website or alternatively email us directly at returns@yora.com.

Refunds
7.26.   If we are obliged to refund your payment pursuant to these Terms of Sale, your refund will be credited back to the payment method you used at the time of purchase and we will aim to process the refund within five (5) business days. The time it takes for you to actually receive the refund will depend on your financial institution.

Gift Cards
7.27.   Gift cards may be available for purchase from the website as e-gift cards. When you purchase, use or attempt to use a gift card, the following terms apply to your purchase or use:

i.   Gift cards are only available for purchase and use in Australia. All gift cards are sold in Australian Dollars.  Gift cards are valid for a period of 3 years from the date of purchase.
ii.   Any unused balance after the expiry date will not be refunded or credited.
iii.   Gift cards are not legal tender and are not redeemable for cash. No change will be given for a purchase made with a gift card.
iv.   Where the cost of a purchase exceeds the gift card balance, you will be required to make up the difference with an alternate method of payment.
v.   You are solely responsible for the gift card once purchased. Gift cards are unable to be replaced or refunded if lost or stolen and YORA disclaims all liability for any loss incurred by you or anyone else for a lost or stolen gift card.
vi.   YORA reserves the right to refuse to accept any gift card if fraud is suspected or until YORA is satisfied that no fraud has been involved.

Liability for sale and purchase of Products
7.28.   To the maximum extent permitted by law (including, without limitation, the ACL) in no event will YORA, its affiliates and related bodies corporate, and its and their respective officers, directors, employees and agents (collectively, the YORA Parties) be liable to you, or any other person, for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your purchase or use of, or otherwise relating to, the Products. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. To the maximum extent permitted by law, where the liability of the YORA Parties cannot be disclaimed entirely, you agree that the maximum aggregate liability of the YORA Parties for any of the aforementioned liability shall not exceed the amount you actually paid for the product giving rise to such liability.  The limitations of liability set forth above shall only apply to the extent permitted by law.

7.29.   If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant Product, the cost of resupplying the Product or the cost of repairing the Product.

7.30.   The YORA Parties will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense. The YORA Parties liability to you for any loss, damage, costs or expense of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss, damage, costs or expense.

7.31.   For the avoidance of doubt nothing in these conditions is intended to exclude, restrict or modufy any non-excludable right or remedy you have under law including the ACL. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.

8.   Governing law

8.1.   Your use of our website, purchase of Products and these Website Terms, and any dispute of any sort that might arise between the parties are governed by the laws of the State of Victoria. Any dispute relating in any way to these Website Terms will only be adjudicated in the Courts in the State of Victoria. Each party consents to exclusive jurisdiction and venue in these Courts.

8.2.   If any provision of these Website Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Website Terms and will not affect the validity or enforceability of the remaining provisions of these Website Terms. These Website Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Website Terms.


9.    Updates to these Website Terms

9.1.   These Website Terms are effective from 1 November We reserve the right to update these Website Terms, our policies at any time without notice and by posting changes on our website.  You should ensure you are aware of our current Website Terms by checking our website regularly. You will be subject to the Website Terms and conditions of sale available on this website at the time your order products from us.

10.   Severability

10.1.   If any of these Website Terms is deemed invalid, void, or for any reason unenforceable, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining term or condition

11.   Waiver

11.1.   If you breach these Website Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Website Terms.