This Policy explains Shellharbour Skin’s approach to returns, refunds and consumer guarantees for retail products and services.

This Policy should be read together with our:

• Terms of Service, Sales & Website Use;
• Appointment Reservation Policy;
• Gift Voucher, Deposit & Prepaid Treatment Package Policy; and
• Privacy Policy.

Nothing in this Policy excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Part A — Retail Products

1. Change of Mind

Shellharbour Skin does not offer returns, exchanges or refunds for change of mind for retail products purchased:

• in Clinic; or
• through the Shellharbour Skin online store.

This includes where you:

• no longer want or need the product;
• change your mind after purchasing;
• select or order the incorrect product;
• prefer another product;
• find the product available elsewhere at a lower price; or
• experience a change in personal circumstances.

This change-of-mind policy applies even where a product is unopened or unused.

This does not affect any consumer guarantee, right or remedy available under the Australian Consumer Law.

2. Faulty, Damaged, Unsafe or Incorrect Products

If you believe a product purchased from Shellharbour Skin is:

• faulty or defective;
• damaged;
• unsafe;
• materially different from its description;
• not of acceptable quality;
• not fit for an applicable disclosed purpose; or
• different from the product you ordered,

please contact Shellharbour Skin.

Where reasonably possible, we ask that you notify Shellharbour Skin of the issue within seven (7) days:

• for products purchased and collected in Clinic — from the date of purchase or collection;
• for products purchased online — from the date of delivery; or
• where the issue was not reasonably apparent at that time — from when you become aware of the issue.

The 7-day notification period assists Shellharbour Skin to investigate product concerns promptly and, where relevant, identify issues relating to product condition, storage, delivery or batch information.

The 7-day notification period does not limit, exclude or replace any consumer guarantee, right or remedy available under the Australian Consumer Law.

Depending on the circumstances, we may request:

• reasonable proof of purchase;
• photographs of the product and packaging;
• the product name;
• batch or lot number;
• information about when the issue became apparent;
• that you stop using the product where appropriate; and
• return of the product for assessment where reasonably required.

3. Consumer Guarantees for Products

Goods supplied by Shellharbour Skin come with consumer guarantees under the Australian Consumer Law.

Depending on the circumstances, these may include requirements that goods:

• are of acceptable quality;
• are fit for an applicable purpose made known to us;
• match their description; and
• correspond with any applicable sample or demonstration model.

The remedy available where a product does not comply with an applicable consumer guarantee depends on the nature and circumstances of the failure.

For a major failure, the consumer may have the right to choose a refund or replacement and may have other rights under the Australian Consumer Law.

For a failure that is not major, Shellharbour Skin may be entitled to provide an appropriate remedy within a reasonable time in accordance with the Australian Consumer Law.

Nothing in this Policy limits those rights.

4. Product Reactions and Sensitivities

Individual skin responses, sensitivities and tolerances vary.

Experiencing irritation, sensitivity or another reaction does not, by itself, establish that a product is faulty or that a refund is required.

If you experience a suspected reaction to a product purchased from Shellharbour Skin, please stop using the product where appropriate and contact the Clinic.

Where reasonably possible, we ask that you notify Shellharbour Skin within seven (7) days of becoming aware of the reaction.

We may request information including:

• the product used;
• when and how the product was used;
• other skincare products being used;
• relevant treatments or procedures;
• relevant medications or health information;
• photographs where appropriate;
• details of the reaction; and
• the product batch or lot number.

This information may assist us to determine whether the concern relates to individual sensitivity, product use, product interaction, a possible product fault or another factor.

A product reaction does not automatically establish that the product is faulty or that a refund is required.

Where a product does not comply with an applicable consumer guarantee, Shellharbour Skin will provide the remedy required by law.

The 7-day notification period does not limit, exclude or replace any consumer guarantee, right or remedy available under the Australian Consumer Law.

If you experience a serious or potentially urgent reaction, seek appropriate medical attention.

5. Product Recommendations

Where Shellharbour Skin recommends a skincare or retail product, the recommendation is based on the information reasonably available at the time.

Individual responses vary and a particular result or outcome cannot be guaranteed.

A product that was appropriate when recommended may later become unsuitable because of changes to factors such as:

• skin condition;
• medical history;
• pregnancy or breastfeeding;
• medications;
• treatments or procedures;
• allergies or sensitivities; or
• other products being used.

Please advise Shellharbour Skin of relevant changes where you are seeking ongoing skincare advice.

Nothing in this section limits rights available under the Australian Consumer Law.

6. Proof of Purchase

Shellharbour Skin may request reasonable proof of purchase when assessing a return, refund, replacement or other remedy.

Proof of purchase may include:

• a receipt;
• invoice;
• online order confirmation;
• transaction record; or
• another reasonable record of purchase.

Where Shellharbour Skin can reasonably verify the transaction through our own records, a paper receipt may not be required.

7. Online Orders

Please review your online order carefully before completing your purchase.

Shellharbour Skin does not accept returns, exchanges or provide refunds for change of mind or because a customer ordered the incorrect product.

If an online order arrives:

• damaged;
• faulty;
• incorrect;
• incomplete; or
• otherwise affected by an issue that may give rise to a consumer guarantee claim,

please contact Shellharbour Skin.

Where reasonably possible, we ask that you notify us within seven (7) days of delivery, or where the issue was not reasonably apparent on delivery, within seven (7) days of becoming aware of the issue.

We may request photographs and ask that the product and original packaging be retained while the matter is assessed.

The 7-day notification period does not limit, exclude or replace any consumer guarantee, right or remedy available under the Australian Consumer Law.

8. Delivery Issues

Any delivery timeframe provided by Shellharbour Skin is an estimate unless a particular timeframe has expressly been agreed.

If an order:

• does not arrive;
• is materially delayed;
• arrives damaged;
• contains an incorrect product; or
• otherwise has a delivery-related issue,

please contact Shellharbour Skin so that we can investigate.

Any consumer guarantee, right or remedy available under the Australian Consumer Law remains unaffected.

9. Sale, Promotional and Discounted Products

Products purchased at a sale, promotional or discounted price remain subject to applicable consumer guarantees.

Our no-change-of-mind policy also applies to sale, promotional and discounted products.

Promotional or bonus value, Promotional or Complimentary Vouchers and other offers remain subject to the conditions of the applicable promotion and our Gift Voucher, Deposit & Prepaid Treatment Package Policy.

10. Gifts

Products purchased as gifts remain subject to this Policy.

Shellharbour Skin does not provide returns or exchanges solely because the recipient changes their mind or would prefer another product.

Where a gifted product may be faulty or otherwise fail to comply with an applicable consumer guarantee, Shellharbour Skin can assess the concern in accordance with this Policy and applicable law.

Reasonable proof of purchase may be requested.

11. Refund Method

Where a monetary refund is appropriate, Shellharbour Skin will ordinarily process the refund to the original payment method where reasonably practicable.

Where the Australian Consumer Law entitles a consumer to a monetary refund, Shellharbour Skin will not require the consumer to accept store credit instead.

12. Return and Delivery Costs

Responsibility for reasonable return, postage or delivery costs will be determined in accordance with the Australian Consumer Law and the circumstances of the return.

For products purchased online, please contact Shellharbour Skin before returning a product by post so that appropriate return instructions can be provided.

13. Manufacturer Warranties

Some products may also be covered by a manufacturer’s warranty.

Any manufacturer’s warranty operates in addition to, and does not replace or limit, rights available under the Australian Consumer Law.

Part B — Services

14. Services

Shellharbour Skin provides medical, aesthetic and dermal services.

Where applicable, services supplied by Shellharbour Skin are subject to consumer guarantees under the Australian Consumer Law, in addition to professional, clinical and legal obligations applying to healthcare services.

Nothing in this Policy excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.

15. Change of Mind

Shellharbour Skin does not ordinarily provide a refund for a service that has already been appropriately provided solely because a patient changes their mind, is dissatisfied with a subjective outcome or their preferences subsequently change.

This does not affect any right or remedy available under the Australian Consumer Law or other applicable legislation.

Cancellation or rescheduling of an appointment before a service is provided is governed separately by our Appointment Reservation Policy.

16. Treatment Outcomes

Clinical, dermal and aesthetic treatment outcomes vary between individuals.

A particular outcome, result, duration of effect or response cannot be guaranteed.

A result that differs from a patient’s expectation does not, by itself, establish that a service was improperly provided or that a refund is required.

If you have concerns about the outcome of a treatment or service, please contact Shellharbour Skin so that the concern can be appropriately assessed.

Depending on the circumstances, this may involve:

• clinical review;
• assessment of the treatment response;
• review of relevant clinical records and photographs;
• appropriate follow-up care;
• consideration of whether further treatment is clinically appropriate; or
• another response or remedy where appropriate or required by applicable law.

17. Adverse Events, Side Effects and Complications

Known risks, side effects, complications and adverse events may occur even where a healthcare service has been appropriately provided.

The occurrence of a known risk, side effect, complication or adverse event does not, by itself, establish that a service was improperly provided or that a refund is required.

Patients experiencing a suspected complication or adverse event should contact Shellharbour Skin promptly for appropriate clinical assessment and management.

Where symptoms are urgent or potentially serious, patients should follow their treatment-specific aftercare instructions and seek appropriate urgent or emergency medical attention.

Nothing in this section limits any consumer right or legal remedy that otherwise applies.

18. Consumer Guarantees for Services

Where applicable under the Australian Consumer Law, services supplied to consumers are subject to statutory consumer guarantees.

Depending on the circumstances, these may include requirements that services are:

• provided with due care and skill;
• fit for an applicable purpose made known by the consumer; and
• supplied within a reasonable time where no timeframe has been agreed.

Where a service does not comply with an applicable consumer guarantee, the appropriate remedy will depend on the nature and circumstances of the failure and applicable law.

Depending on the circumstances, remedies may include repeat performance, cancellation, a refund, compensation or another remedy available under law.

Nothing in this Policy limits any right or remedy that cannot lawfully be excluded.

19. Clinical Review of a Treatment Concern

Where a patient raises a concern about a healthcare service, Shellharbour Skin may reasonably request or offer an opportunity to clinically assess the concern before determining an appropriate response or remedy, where clinically appropriate and consistent with applicable law.

This may include review by the treating clinician or another appropriately qualified practitioner.

Clinical review may assist Shellharbour Skin to:

• understand the patient’s concern;
• assess the patient’s current condition;
• assess the treatment response;
• identify whether a complication or adverse event has occurred;
• determine whether further clinical management is required; and
• determine appropriate next steps.

A request or offer for clinical review does not remove, restrict or delay any consumer right or legal remedy where a particular remedy is otherwise required by law.

20. Additional, Repeat or Corrective Treatment

Additional, repeat or corrective treatment is not automatically provided without charge solely because a patient is dissatisfied with an outcome.

Whether further treatment is clinically appropriate, and whether an additional fee applies, will depend on the individual circumstances.

No additional, repeat or corrective treatment will be provided unless it is clinically appropriate and the patient provides the required informed consent.

Where a remedy is required under applicable law, Shellharbour Skin will provide the remedy required in the circumstances.

21. Medical and Medicare Services

Nothing in this Policy alters applicable Medicare billing requirements or the professional, clinical and legal obligations applying to medical practitioners and healthcare services.

Concerns relating to medical services will be considered having regard to the nature of the service, applicable healthcare obligations and any rights or remedies available under law.

Part C — Gift Vouchers, Packages, Deposits and Appointments

22. Gift Vouchers, Deposits and Prepaid Treatment Packages

Payment for a service using a Gift Voucher, Deposit or Prepaid Treatment Package does not remove or alter a patient’s applicable rights in relation to that service.

A concern relating to one treatment does not automatically result in cancellation or refund of an entire Prepaid Treatment Package.

Any request concerning unused treatments or entitlements will be considered having regard to:

• the individual circumstances;
• treatments or services already provided;
• unused entitlements;
• applicable package conditions;
• clinical suitability; and
• rights available under applicable law.

Gift Vouchers, Promotional and Complimentary Vouchers, promotional or bonus value, Deposits and Prepaid Treatment Packages are otherwise governed by our Gift Voucher, Deposit & Prepaid Treatment Package Policy.

23. Appointment Cancellations and Reservation Fees

Cancellation, rescheduling, non-attendance, confirmation requirements, significant late arrival and Appointment Reservation Fees are governed by our Appointment Reservation Policy.

These matters are separate from a request for a refund or remedy relating to a service that has already been provided.

24. Consumer Rights

Shellharbour Skin’s policies operate alongside applicable consumer protection legislation.

Nothing in this Policy, our Appointment Reservation Policy, our Gift Voucher, Deposit & Prepaid Treatment Package Policy or our Terms of Service is intended to exclude, restrict or modify a consumer guarantee, right or remedy that cannot lawfully be excluded.

Contact Us

If you have a question about a return, refund, product concern or service provided by Shellharbour Skin, please contact:

Shellharbour Skin
Phone: (02) 4249 2860
Email: [email protected]