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
The Products made available on the RoC® Platform, including any samples RoC may provide to you, are for personal use only. You may not sell or resell any Products you purchase or otherwise receive from RoC.
All orders placed are an offer of purchase and are subject to acceptance by RoC. If an order is not accepted, a full refund will occur at the earliest possible time. RoC reserves the right to refuse an order for any reason.
Without limiting the above, RoC reserves the right to refuse or reduce the quantity of any orders that it reasonably believes are for the purposes of resale or otherwise may result in a violation of these Terms, as determined by RoC in its sole discretion. As part of RoC’s order processing procedures, RoC will screen all received orders for fraud or other types of unauthorized or illegal activity. Without limiting the above, RoC reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If fraud or unauthorized or illegal activity is suspected, RoC may reject your order or its customer service department may call you at the phone number you provided (or use your email address) to confirm your order. RoC also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
Given the popularity of our Products, except where prohibited by law, RoC may limit the number of products available for purchase by any one Buyer. In the event of the requested Products being unavailable, RoC may cancel the transaction and issue a full refund.
Once an order is confirmed and payment is validated, a printable summary of the Buyer's order is displayed, including the order reference. An order confirmation email is sent as soon as possible by RoC to the email address provided by the Buyer.
RoC retains ownership of the ordered Product(s) until full payment of the price and any associated charges, including shipping costs, have been received by RoC. In the event of a payment issue, the Buyer agrees to return the Products received to RoC at their own expense upon first request.
To protect RoC from fraudulent practices, and if RoC or the online payment provider suspects that an order is fraudulent, they reserve the right to request additional documents from the Buyer (prior to processing the order), including proof of identity, to verify its legitimacy.
If the Buyer does not respond within fifteen (15) days of RoC or online payment provider sending the request, the order will be canceled and no payment will be processed. If payment for the order has already been processed, RoC will issue a refund within fourteen (14) days of the aforementioned deadline, using the payment method used by the Buyer.
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.
DELIVERY
Once the order has been prepared, it is shipped to the postal address provided by the Buyer when placing their order. The Products are delivered by postal services or by a specialized carrier (depending on the case and/or the delivery options selected by the Buyer) (the "Carrier"). When you purchase a Product, any shipping times shown are estimates only. Actual delivery dates may vary. For more information about our shipping practices, see our Shipping Policy.
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.
To the extent permitted under applicable law, we exclude all implied warranties, whether statutory or otherwise, relating to these Terms, the RoC® Platform, and the Products. We will not be liable for any expense or injury (including indirect loss, such as revenue, profits, goodwill or business opportunity) in contract, tort, under statute or otherwise, however caused, including directly or indirectly in connection with the RoC® Platform and the Products. Any liability we have will be reduced to the extent that you cause or contribute to the loss or damage.
If you receive a Product which has been sent in error, or which doesn't comply with its specifications, please contact us immediately. For information about returning Products, see our Return Policy. If a Product is subject to a recall, we will do our best to notify you and arrange for the Product to be returned.
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.