General Terms and Conditions of Sale
Welcome to the RoC® Brand website (“RoC®”), an online platform that provides products and services for consumer end-users (collectively, “Users”). The RoC® Platform (defined below) is operated by RoC Opco LLC (the “Company,” or “we” or “us”), except and unless otherwise indicated.
Please carefully read these General Terms and Conditions of Sale as well as the Website Terms of Use and the Privacy Policy, which govern the use of the RoC® Platform and our relationship if you order products and services through the RoC® Platform.
Please read the following carefully: by purchasing products (“Products”), you (“you” or “Buyer”) agree that you have read, understand and agree to be bound by these General Terms and Conditions of Sale, which include other rules or guidelines that we post from time to time (collectively, the “Terms”). If you do not agree to all the terms included herein, then you may not purchase products.
The RoC® Platform is not intended for users under the age of 16. If you are under the age of 16, then you need to get your parent or guardian (usually your mom or dad) to give us permission for you to use the RoC® Platform. If you believe, for any reason, that we have obtained any information from or about a minor that has not been provided in compliance with these Terms, please contact us at roc@rocskincare.com.
If you are a parent or guardian and you give us permission for a minor to register with and use the RoC® Platform, then you agree to be bound by these Terms as they relate to such minor’s use of the RoC® Platform.
PURCHASE CONDITIONS
The Products we offer are reserved for individuals aged 16 and over. We reserve the right to request proof of identity at any time to verify your age. We reserve the right to refuse an order and/or exclude from our customer/prospect database any Buyer who has not complied with the above or who does not meet the requirements set forth in this clause. Products are intended for the Buyer's personal use, which must not be related to their professional activity, including any resale of Products.
PRODUCT REVIEWS
You may give your opinion and recommend each Product. You can also view the opinions and recommendations of other users. The opinions and recommendations expressed for each Product correspond to the average of the ratings and recommendations of users who answered each question. These opinions and recommendations do not constitute a contractual element on the part of RoC. The stars displayed on the RoC® Platform next to the Products represent the average rating, at a given time, left by people who have commented on RoC® Platform about that Product. They are therefore subject to change daily.
ORDERS
RoC products in Australia are available exclusively through our authorised retail partners. All delivery, return, and refund inquiries should be directed to the retailer from which the product was purchased. Consumer guarantee rights under the Australian Consumer Law apply to purchases made through our retail partners.
PRICES AND PAYMENT
Prices listed are indicated in Australian dollars and are inclusive of any Australian Goods and Services Tax (GST) as applicable. Prices shown do not include processing and delivery charges, which will be billed separately and amount to the sum indicated at checkout. RoC reserves the right to modify its prices at any time, but Products are billed based on the prices in effect at the time the order is registered.
The amount due by the Buyer is the amount indicated on the order confirmation as displayed on the dedicated webpage and subsequently sent by email from RoC to the Buyer. The Buyer may choose from several payment methods when validating their order.
Payment can be made at the time of ordering by credit card. The order is only validated by RoC after (i) acceptance of these Terms by the Buyer, (ii) verification and confirmation of the validity of the payment, and (iii) sending the Buyer confirmation of acceptance of their order.
CONSUMER GUARANTEES; RETURNS AND DEFECTS
Our Products come with certain consumer guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products lack acceptable quality and the failure does not amount to a major failure.
PERSONAL DATA
Providing personal data collected during the online ordering process is mandatory, as this information is necessary for processing and delivering orders, as well as for issuing invoices. This information is strictly confidential and is used only by RoC, or its subcontractors subject to the same obligations, for processing orders placed and in accordance with the Privacy Policy accessible here https://rocskincare.com.au/pages/privacy-policy.
MISCELLANEOUS
Neither Party shall be liable for the total or partial non-performance of its obligations under these Terms if such non-performance is caused by an event constituting force majeure. The party invoking an event constituting force majeure shall notify the other party within five (5) business days of the occurrence of such event. The parties agree that they shall consult with each other as soon as possible to jointly determine the terms of performance of the order during the period of force majeure. If the interruption due to force majeure exceeds one (1) month, RoC may cancel the order, in which case RoC shall reimburse the Buyer.
If one or more provisions of these Terms are held to be invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.
These Terms and the order summary sent to the Buyer constitute the entire agreement between the parties.
The current Terms can be consulted at any time under the heading "General Terms and Conditions of Sale," accessible from all pages of the RoC® Platform. RoC may update these Terms at any time. Such updates will be subject to prior and specific notification on the RoC® Platform.
These General Terms and Conditions are governed by the laws of Australia, and Buyer agrees that the Courts of Victoria, Australia have exclusive jurisdiction in the event of any dispute. For any issues, please contact us at roc@rocskincare.com.