Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to silkn.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and silkn.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that silkn.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), silkn.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of silkn.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
silkn.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 3 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of silkn.com.au.
LINKS TO OTHER WEBSITES
silkn.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between silkn.com.au and the owners of those websites. silkn.com.au takes no responsibility for any of the content found on the linked websites.
silkn.com.au’s website may contain information or advertisements provided by third parties for which silkn.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, silkn.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. silkn.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of silkn.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. silkn.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data silkn.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
silkn.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
silkn.com.au may be required, in certain circumstances, to disclose information in good faith and where silkn.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of silkn.com.au. silkn.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then silkn.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. silkn.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
silkn.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and silkn.com.au concerning your use and access to silkn.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and silkn.com.au that results in litigation then you must submit to the jurisdiction of the courts of NSW.
Beware of Counterfeit Silk’n Products
A growing problem that all consumers should be concerned about is counterfeit products. The internet has become a major shopping center for consumers. Following this growth, the sell of counterfeit products has skyrocketed. In 2012, online counterfeit sales overtook street sales. Many large companies like Alibaba, Amazon, and Ebay have had major problems with counterfeit products in the last few years. In fact, last year Alibaba took down 90 million fake product listings. These statistics show how important it is do to research when making online purchases. It has recently been discovered that there are counterfeit versions of the Silk’n devices. In other words, there are devices that look exactly like those sold on www.silkn.com.au, but do not have the same technology, and are not approved by the FDA. Authentic Silk’n devices have undergone rigorous testing to ensure they are safe for personal use, which is why they have received FDA clearance. The counterfeit versions of the devices have undergone no such tests, and therefore could be a serious danger to any user. Not only could these products cause physical harm, they can also do some damage to your wallet.
The vast majority of the time, sellers of counterfeit products do not offer any kind of warranty on the products they sell. If they do offer a warranty, chances are that they will not follow through with it. This puts purchasers in a bad position, with money wasted on a counterfeit product that does not work. Unfortunately, Silk’n is unable to offer any type of warranty or refund on counterfeit products. This is why it is extremely important to do research when making an online purchase, especially with higher priced items. If you have found a Silk’n device selling for a price that seems too good to be true, chances are, it is. We highly recommend purchasing only from authorized retailers.
We recommend always shopping around to compare prices. If you find a device that is drastically less expensive than the majority of others, chances are it is a fake product. Make sure you read reviews. If you notice one or more purchasers mention that they received a counterfeit device, stay away from that seller. Lastly, it is always your safest bet to order straight from the source. Purchasing your devices on silkn.com.au will ensure you get an authentic device, as well as a FREE shipping. If you purchased a product that you suspect is counterfeit, please contact our customer support team.
GLOBAL PRICE MATCH GUARANTEE
At Silk’n Australia we are committed to ensuring that our customers not only receive great products and service, but also great prices.
Silk’n Australia is the only official distributor of authentic Silk’n products in Australia. We monitor our disributor and competitor’s pricing on a daily basis to try and bring you the best prices. In the instance that another business has a cheaper price on the same product you are after, we will match the competitor’s price.
The item in question must be new (and not a counterfeit), available and in stock on either a competitor’s website or in a physical store in Australia/NZ, or around the world, and the competitor must be an authorised seller of the product. The price quoted must include freight or delivery charges and must be inclusive of all Government charges.
If you would like to price match and purchase a product through our online store please do the following:
- Click here to email us with a link to the lower cost item
- We will confirm the price match and get back to you
- Once confirmed, we will refund you the balance between our price to the competitor price
- A refund is only valid for one week after purchase
This will ensure you have the lowest prices plus the peace of mind knowing you have an authentic Silk’n product, coverered with a full warranty in Australia.