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These Terms and Conditions govern the legal relationship between YOU (“You” or “Your”) and LEIMO® (“Leimo®”, “Us”,“Our” or “We”).
The ‘Unisex’ and the ‘For Her’ range of the Leimo® hair and scalp care products refers to the following:
Unisex – Leimo® Bio Cleansing Shampoo, Thickening Conditioner, Scalp Therapy Day Treatment, Scalp Serum Night Treatment and Deep Cleansing Scalp & Body Scrub
For Her – Leimo® Vitality Shampoo, ProTense Conditioner, Follicle Boost Therapy, BioPlex Scalp Serum and Scalp & Body Exfoliating Spa
1. WHOLE AGREEMENT
a. These Terms and Conditions represent the entire agreement between You and Leimo® and there are no other representations between You and Leimo®.
b. Reference to “associated products” with the Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) refers to any combination of the Leimo® hair and scalp care products (Unisex/For Her), in any Pack, Program or Kit, which can and may include the Leimo® Hair Treatment Pack (Unisex/For Her), Leimo® Hair Clinic in a Box (Unisex/For Her), Leimo® Gift Pack (Unisex/For Her) and the Leimo® Continuity Program.
c. These Terms and Conditions supersede all previous agreements between You and Us.
Subject to clauses 5, 6 and 7, Leimo® will supply the Goods to You upon the receipt of an Order from You whether via Our Website or otherwise.
a. You must pay Us the Outstanding Amounts in respect of each Order upon the payment terms described in any Order or any Invoice which relates to that Order.
b. If any Order or Invoice does not contain any description of Our payment terms, then You must pay all Outstanding Amounts in respect of that Invoice within seven days of the supply of the Goods which that Invoice relates to.
c. You authorise Us, at Our discretion, to appropriate any money received from You against any Outstanding Amounts which are due and payable by You to Us.
4. ORDERS MADE UNDER PAYMENT PLAN
a. At the time of Order, Leimo® will bill Your Credit Card for the Order’s first monthly payment (plus the shipping and administration fees). The balance will be payable on the due date of the payment plan agreement selected. This will then be deducted automatically every month from Your Credit Card or through Direct Debit.
b. If You fail to pay any Outstanding Amounts owing to Us in connection with the Terms and Conditions, Leimo® reserves the right to pursue such unpaid amounts and You will remain liable to Us for all charges and all the Costs Leimo® incurs to collect these charges, including without limitation to collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
c. Early termination or Cancellation of Monthly Payment Plan – In the event that You terminate or cancel Your Leimo® Continuity Program under the Monthly Payment Plan before the expiration of its term, You will remain responsible for any unpaid balance incurred. You are required to settle this amount before the cancellation is finalised.
5. RETENTION OF TITLE
In respect of each Order:
a. Ownership of the Goods will be passed on to You only when Leimo® has received payment in full of all Outstanding Amounts from You.
b. You agree that until Leimo® receives payment in full of the Outstanding Amounts from You:
i. If any Event of Default occurs, You will not deal with the Goods in any way without the prior written consent of Leimo®.
c. This clause survives the termination of these Terms and Conditions.
6. DELIVERY AND RISK
a. You assume all risks in respect of the Goods and their delivery from the time Leimo® dispatches them from Our premises or from Our suppliers’ premises.
b. Any claims by You that the Goods supplied by Leimo® do not fulfil the Order, must be notified in writing to Leimo® within seven days of the supply of those Goods.
c. Leimo® will not be bound to accept any return of the Goods by You, unless the return is authorised in writing by Leimo® and, only if those Goods are returned to Us at Your expense.
d. If You have purchased any of the Leimo® products (Unisex/For Her), You have read and understood the warnings and cautions contained in the additional information provided. Leimo® will not be bound to any claims made by individuals using or misusing the products.
e. You will be charged for redelivery of unclaimed parcels.
7. RIGHT TO SUPPLY
a. Leimo® reserves the right to accept or decline in whole or in part at any time, any Order made by You for the supply of Goods.
b. Notwithstanding that Leimo® has accepted an Order in whole or in part, Leimo® may, at any time before the fulfilment of that Order, refuse to supply that Order or any part of that Order to You.
c. Each Order is subject to Leimo® having the Goods available to fulfil that Order.
d. You agree that time is not of the essence for delivery; however, time for payment of all Outstanding Amounts is of the essence.
8. LIMITATION OF LIABILITY
a. All manufacturers’ warranties are passed onto You by Leimo®.
b. The warranties and guarantees are only applicable to You if the Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) and the Leimo® hair and scalp care products (Unisex/For Her) were purchased directly from Leimo® or from an authorised Leimo® reseller.
c. Other than such manufacturers’ warranties, Leimo® gives You the following limited Warranties & Guarantees:
i. A 12-Month (from date of purchase) Money Back Guarantee (MBG) for the Leimo® Personal Hair Laser (LPHL) (Unisex/For Her) is offered if You are not satisfied with Your results within that period. Subject to the conditions stipulated in 8(c)(i)(A) to 8(c)(i)(H), Leimo® will refund You the value of the Leimo® Personal Hair Laser device (Unisex/For Her) by deducting the Recommended Retail Price (RRP) value of the Leimo® hair and scalp care products (Unisex/For Her) component of the Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) and all other Leimo® Hair Treatment Packs that may be included in the bundle.
A. During the 12-Month MBG period, You must maintain the Leimo® hair and scalp care products (Unisex/For Her) treatment regime through the purchase and application of the Leimo® Continuity Program and committed use of the Leimo® hair and scalp care products (Unisex/For Her).
B. During the 12-Month MBG period, You must have purchased and consumed a minimum of eight more complete sets of the Leimo® hair and scalp care products (Unisex/For Her) aside from the set of Leimo® hair and scalp care products (Unisex/For Her) inside the Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) through the Leimo® Continuity Program and used the Goods according to the label and Leimo’s Customer Care advice and direction.
C. Before the end of the 12-month anniversary of Your purchase, You must contact Us by telephone to arrange a Return Authorisation Number (RAN).
D. Within 14 days after the 12-month anniversary of Your purchase, You must return the Leimo® Personal Hair Laser (Unisex/For Her) to Us, at Your own expense for all freight and insurance, quoting the return authorisation number.
E. You must supply Proof of Purchase details for the original Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) purchase and the purchases of a minimum of eight more complete sets of the Leimo® hair and scalp care products (Unisex/For Her).
F. You must supply to Leimo® via email (scanned copy or electronic image) four photographs (pan view of Your scalp) taken every three months within the first 12-month period as part of Your Money Back Guarantee validation.
Leimo® reserves the right to use these images for training and marketing purposes. Confidentiality of the Leimo® user will always be maintained. Copyright of the photographs shall be owned exclusively by Leimo®.
G. If You comply with the above clauses and the Leimo® Personal Hair Laser (Unisex/For Her) has not, in Our reasonable opinion, been damaged by You and the Leimo® Personal Hair Laser (Unisex/For Her) is in good and working order, Leimo® will refund the value of the Leimo® Personal Hair Laser.
H. Leimo® reserves the right to forfeit the guarantee if Leimo® suspects any abuse of Our 12-Month Money Back Guarantee Offer.
ii. A 12-month return to base repair warranty for a defective Leimo® Personal Hair Laser (Unisex/For Her), with the following conditions:
A. You must return the defective Leimo® Personal Hair Laser (Unisex/For Her) to Us within 12 months of You purchasing them;
B. You must contact the Leimo® Customer Care and supply the Proof of Purchase when sending back the defective Leimo® Personal Hair Laser (Unisex/For Her).
C. You must send the defective Leimo® Personal Hair Laser (Unisex/For Her) to Us, at Your own expense for all freight and insurance, quoting the Return Authorisation Number;
D. If You comply with clauses 8(c)(ii)(A) to 8(c)(ii)(C) and the defective Leimo® Personal Hair Laser (Unisex/For Her) have not, in Our reasonable opinion been damaged by You, Leimo® will repair the defective Leimo® Personal Hair Laser (Unisex/For Her) and return them to You within 30 days of Our receiving the defective Leimo® Personal Hair Laser (Unisex/For Her) with a valid Return Authorisation Number; and
E. Availment of the 12-month return to base repair warranty for defective Leimo® Personal Hair Laser will necessarily forfeit your right to avail of the 12-Month Money Back Guarantee (MBG) for the Leimo® Personal Hair Laser.
d. Other than the warranties expressly contained in clause 8(c), Leimo® makes no other warranty in relation to the supply of the Goods and You acknowledge that You have not relied on any other representation or warranty made by or on behalf of Leimo® in relation to the Goods or their supply.
e. Any other warranties or conditions implied by law, either by statutory instrument or otherwise, are expressly excluded to the extent that such warranties and conditions in respect of the Goods may be lawfully excluded.
f. To the extent permitted by law, if Leimo® is or becomes liable to You in any manner whatsoever for breach of warranty or in relation to the supply of any defective Leimo® Personal Hair Laser (Unisex/For Her), then Leimo’s liability is limited solely to the price paid by You for such Goods, or the Cost of their repair or resupply, whichever Leimo® elects.
g. You acknowledge that You have undertaken Your own inspections and made Your own independent enquiries in reaching Your decision to purchase the Goods.
h. You acknowledge that no warranties and/or representations have been made in relation to the capacity, use, performance, adequacy or suitability of the Goods, other than any representations made in writing by the manufacturer and that You have relied upon Your own inquiries in making the decision to purchase the Goods.
i. You acknowledge that Leimo® has made no warranties that the Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) and associated products are without any risk.
j. If You have a pre-existing condition which may be affected by the use of the Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) and associated products, You warrant and represent to Leimo® that you have made all of Your own enquiries regarding the use of the Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) and associated products in light of Your pre-existing condition.
k. You acknowledge and agree that it is Your sole responsibility to ensure that You are fully informed of and understand any and all risks associated with the use of the Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) and associated products and any pre-existing conditions You may have.
l. You will indemnify and hold Leimo® harmless from and against any and all claims which may be made by You against Leimo®, which arise directly or indirectly from Your acts, omissions or negligence in utilising the Leimo® Personal Hair Laser Starter Kit (Unisex/For Her) and associated products in any manner.
a. In the event of default in the payment of any of the said instalments when due as provided in the agreed payment plan, time being of the essence hereof, We may, without notice or demand, declare the entire principal sum which are unpaid to be immediately due and payable.
b. If You breach any of these Terms and Conditions, You will indemnify and continue to indemnify Leimo® for all Costs associated with remedying Your breach.
c. As a result of any breach by You of these Terms and Conditions, interest will accrue on all unpaid amounts and Costs at the rate of 2% above the rate set in section 2 of the Penalty Interest Rates Act 1983 (Vic) per annum, compounded daily from the date of the relevant Invoice.
a. Where applicable, all prices for the Goods are inclusive of tax such as Goods and Services Tax (GST) and/or Value Added Tax (VAT).
b. If Leimo® becomes liable to pay the tax in respect of any supply made to You pursuant to or in connection with these Terms and Conditions, Leimo® will, upon presenting You with a valid Tax Invoice, charge tax at the prevailing rate on the value of any taxable supplies made under these Terms and Conditions.
a. These Terms and Conditions may be amended from time to time and it is Your responsibility to obtain the current Terms & Conditions at the time of purchase.
b. These Terms and Conditions are governed by, and must be construed in accordance with, the laws of the State of Victoria, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
c. Waiver of a breach of or default under these Terms and Conditions:
i. is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these Terms and Conditions; and
ii. must be in writing and signed by the party granting the waiver.
d. Each party must do all things and execute all further agreements necessary to give full effect to these Terms and Conditions.
The following words have these meanings in these Terms and Conditions unless the contrary intention appears:
Costs include all costs incurred by Leimo® in supplying and delivering the Goods to You including without limitation of all solicitors’ fees (on a solicitor and own client basis), commercial agents’ commission, freight, insurance, loss of profit and interest and any applicable State or Federal taxes.
Event of Default means that any of the following has occurred:
a. a provisional liquidator is appointed to You or a petition or an application is presented or an Order is made or an effective resolution is passed or a meeting is summoned or convened for the purpose of considering a resolution for Your winding up or Your dissolution without winding up or You are placed into liquidation;
b. a receiver or a receiver and manager or an administrator or controller is appointed over You or any of Your assets;
c.You cease or threaten to cease to carry on Your business or You are unable to pay Your respective debts or permit execution to be levied against any of Your assets for an amount not in excess of $2,000.00 and such execution is not stayed or satisfied within 14 days;
d. You charge, mortgage or otherwise encumber all or any of Your assets or purport to charge, mortgage or otherwise encumber those assets;
e. in the sole opinion of Leimo®, You are carrying on a business at a loss and further prosecution of such business will endanger Your ability to repay any monies owing to Us;
f. pursuant to the provisions of the Corporations Law, You are placed under official management or a meeting is summoned or other steps taken for the purpose of placing You under official management or appointing an official manager pursuant to the Corporations Law or if any person is appointed or proposed to be appointed under the Corporations Law to investigate Your affairs;
g. without limiting the operation of the events referred to in paragraphs (a) to (h) above, You propose or enter into some other form of insolvency or administration whether voluntary formal or informal;
h. an event or series of events, whether related or not, or whether as a result of Your fault or not, results in any material adverse change in Your financial condition which has or is in the opinion of Leimo® likely to have a material and adverse effect on Your ability to repay any money that You owe to Leimo®;
i. You default in the performance of any of Your obligations under these Terms and Conditions; or
j. if You are an individual, any act of bankruptcy by You.
Goods means any goods supplied by Leimo® to You, as described in the relevant Order or Invoice.
Invoice means any invoice for the Goods supplied to You by Leimo®.
Order means any order for Goods placed by You with Us.
Outstanding Amounts means all amounts due and payable by You to Us including the Purchase Price for any Goods supplied, and all Costs which You are liable to pay Us.
Purchase Price means the price for Goods supplied by Us to You as stated on the Invoice but does not include the Costs and the Taxes.
Website means the websites with the addresses www.innovaderma.com, www.leimo.com.au and www.leimo.com
In these Terms and Conditions, unless the contrary intention appears: any headings have been provided for ease of reference only and are not to be used in the interpretation of these Terms and Conditions; if any provision in these Terms and Conditions are held to be invalid or unenforceable in whole or in part, such provision will be severed and the validity of any other provision in these Terms and Conditions or of the remainder of the provision being severed will not be affected; all powers, rights, remedies and authorities conferred upon the parties may be exercised on behalf of and in the name of them from time to time by any of their respective authorized solicitors or attorneys from time to time, either authorised to act for them generally or in a particular case; a provision of these terms and conditions may not be interpreted against a party just because that party prepared the provision; a reference to a party to these Terms and Conditions, includes that party’s successor, assigns, employees and sub-contractors.