This website “the Site” is operated by Blanc Spa. Throughout the site, the terms “we”, “us” and “our” refer to Blanc Spa. Blanc Spa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
We attempt to be as accurate as possible when describing our products and services on the Site, however, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information, or other content available on or via the Site are accurate, complete, reliable, current, available, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Service and Prices
All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part of content thereof without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuation of the service.
Section 5 – Advice and Information
The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.
The statements made about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.
Use of the site is not meant to serve as a substitute for professional medical advice. The site is solely an online store for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions. No prescription medications or medical treatments are intentionally provided on the site.
While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information, or other content available on or via the site is accurate, complete, reliable, current, available or error-free. We take no responsibility for any loss or damage arising from use of information or reliance on advice.
While we have tried to accurately display the colours of products, the actual colours you see will depend on your device, ambient lighting and other factors beyond our reasonable control, and may not accurately reflect the colour of the product.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Blanc Spa.
Section 6 – Product or Services (if applicable)
The products made available on the site, including any samples we may provide to you, are for personal use only. You may not sell or resell any products you purchase or otherwise receive from us. All orders placed are an offer of purchase and are subject to acceptance by us. If an order is not accepted a full refund will occur at the earliest possible convenience. We reserve the right to refuse an offer for any reason.
Without limiting the above, we reserve 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 and conditions, as determined by us. We will screen all received orders for fraud or other types of unauthorised or illegal activity. Without limiting the above, we reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If fraud or unauthorised or illegal activity is suspected, we 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. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised or illegal activity.
Given the popularity of our products, except where prohibited by law, we may limit the number of products available for purchase by any one customer, including without limitation so that as many customers as possible may enjoy products supplied by us.
In the event of the requested products being unavailable we may cancel the transaction and effect a full refund.
Section 7 – Preauthorisation and Payment Cards
Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, we reserve the right to cancel the sale according. We are under no obligation to ship any goods ordered until payment for those goods has been received. Payment by cheque is not accepted.
Section 8 – Credit Card Storage
The Site includes a credit card storage function, which will store your credit card details through a secure external storage service. As such your credit card details are not stored on or through our site, and there is no way for these details to be retrieved by us or our staff. However, if you are at all concerned with the potential security of this secure storage process we recommend that you not use this feature.
Section 9 – Intended Use
Upon purchase of products, the buyer agrees to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use. Questions as to use can be directed to us via our contact details.
You should always check the ingredients for products to avoid potential allergic reactions. If any minor uses any product purchased through the site it should be only after the parent or legal guardian has discussed the product with the minor’s doctor.
Section 10 – Personal Information
Section 11 - Security
Where you have created a member profile you will be required to create a password for that profile. You are responsible for maintaining the confidentiality of your password and account information are fully responsible for all conduct carried out under this password and profile. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. We request that you promptly report to it any unauthorised use of your password.
Section 12 – Intellectual Property
All content on this site, including without limitation text, logo, icons and graphics are the property of Blanc Spa or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer any intellectual property rights. You may not reproduce or communicate any of the content on this website, including files downloadable from this website, without express permission of Blanc Spa.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Blanc Spa, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Blanc Spa and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 17 - Non-Commercial Use
This Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this Site. You may not use this Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
Section 18 - Reviews and Comments
Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give us permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit us to publish your first name and State or town in association with any Content provided by you.
By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise Blanc Spa to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (f) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Blanc Spa personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.
Blanc Spa reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.
User reviews of products in no way represent the views or opinions of Blanc Spa or its owners, shareholders, employees or others, but are the sole product of its creator. Blanc Spa disclaims all liability with respect to the Content.
Section 19 - Social Media
Our general policy is not to delete your comments on our social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or our personnel; (c) if you flood our feed, making it difficult for others to get a word in; (d) if you post information that may endanger your privacy; (e) if your post is off topic.
While we support lively, open discussion, we reserve the right to block any users who don’t comply with our rules, or who are otherwise deemed to be behaving inappropriately.
Section 20 – General Public Competitions
Blanc Spa may run competitions through its site, or through social media. Your participation in those competitions will be subject to these terms and conditions and any terms and conditions of the competition. The laws of Victoria will govern all competitions run by Blanc Spa.
Section 21 - Breach and Termination
If, in our reasonable opinion, you breach any provision of these terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate your rights to use the site, at any time and for any reason without prior notice to you.
Section 22 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
Section 23 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 24 - Contact Information
Questions about the Terms of Service should be sent to us at email@example.com
Section 25 - Company Ownership Information
Blanc Spa as trading for Blanc Spa Pty Ltd
Section 1. Purpose and Application
These Terms and Conditions apply to all current and future transactions between Blanc Spa and the Client and are incorporated into the Treatment Booking, the Blanc Spa’s Consultation Form and the Product Order (as applicable).
Section 2. Governing Law and Australian Consumer Law
These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. No provision is intended to exclude, restrict or modify rights which the Client has under the ACL or any other law which cannot, by law, be excluded, restricted or modified.
If any provision of these Terms and Conditions is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions which shall remain in full force and effect.
Section 3. Treatment and Products
The Treatment will be supplied in accordance with the Treatment Booking and the Products will be supplied in accordance with the Product Order.
Section 4. Treatment Prices
Treatment Prices are inclusive of GST and all other taxes, duties or government charges except to the extent that they are expressly excluded in the Treatment Price.
The charge for any variation from the Treatment Booking will be determined in accordance with the prices published on the website, as amended from time to time.
Section 5. Treatment Booking & Payment
Unless stated otherwise in the Treatment Booking, payment is required to secure a booking for the Treatment.
Section 6. Treatment Cancellation
If the Client cancels a Treatment by giving not less than 48 hours’ notice, Blanc Spa will refund the Treatment payment to the Client.
If the Client cancels a Treatment by giving less than 48 hours’ notice, Blanc Spa will retain payment Treatment payment as reimbursement for costs incurred by Blanc Spa as a result of the cancellation. Refer to Booking Policy provided upon booking.
Section 7. Client Etiquette
The Client will, at all times whilst on the Premises:
(a) behave responsibly;
(b) be courteous and respectful to Blanc Spa’s staff and other Clients;
(c) ensure mobile phones are switched off or switched to silent;
(d) keep noise levels to a minimum; and
(e) act in accordance with the law and COVID Safe Requirements.
Blanc Spa reserves the right to expel a Client from the Premises for breach of Client Etiquette.
Section 8. Product Prices, Payment and Risk
Product Prices are exclusive of delivery costs.
The Client must pay for the Products at the time the Product Order is made and time for payment is of the essence. Risk of loss and damage to the Products passes to the Client upon the Products leaving the Premises.
Section 9. Product Refunds
Refer to refund and returns policy.
Section 10. Gift Vouchers
Gift vouchers are not refundable, transferrable or redeemable for cash. Gift Vouchers can not be used for product purchase. Blanc Spa is not responsible for lost or stolen gift vouchers.
When packages or seasonal offerings are specified as the gift, if the package is no longer available at the time of redemption, the value of the gift voucher will revert back to the monetary value of the package at the time of purchase.
Section 11. Limitation of Liability & Indemnity
To the extent permitted by law, the Client acknowledges that Blanc Spa will not be liable to the Client for:
(a) any loss or any damage to any property brought onto the Premises;
(b) any injury or any illness suffered as a result of the Treatment, including death, which is a direct result of the Client’s failure to:
(i) accurately provide the information requested in Blanc Spa’s Consultation Form; or
(ii) consult a doctor prior to undertaking the Treatment if the Client has, or has had, any conditions set out in Blanc Spa’s Consultation Form.
While Blanc Spa guarantees that the Products are fit for the purpose for which they are intended, the Client acknowledges that where the Client purchases such Products “off the shelf” without specific consultation with Blanc Spa, or without notifying Blanc Spa of any particular ailment, allergy or sensitivity they may have, unless otherwise required by law:
(a) Blanc Spa cannot and does not give any advice, guarantee, warranty or undertaking in relation to the suitability of the Products for that particular Client; and
(b) Blanc Spa is not liable for any loss, damage, injury or illness suffered by the Client as a result of the use of the Products.
The Client agrees to indemnify Blanc Spa on a full indemnity basis for any and all direct or indirect and consequential loss and damage and liabilities (whether monetary or capable of being converted into money) suffered by Blanc Spa as a result of, or caused by, or contributed to by any act, omission or default of the Client under these Terms and Conditions.
Section 12. Warranties
To the extent permitted by law, all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms and Conditions or any warranty document given at the time of supply are expressly excluded.
If the Client is a Consumer and the Treatment or Products supplied are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Client agrees that Blanc Spa’s liability for a failure to comply with a consumer guarantee under the ACL in relation to that supply is limited, at the option of Blanc Spa, to one or more of the following:
(a) supplying the Treatment or Product again; or
(b) the payment of the cost of having the Treatment or Product supplied again.
12.4. If the Client is not a Consumer, to the extent permitted by law, Blanc Spa will not be liable in any circumstances for any loss or damage (including indirect or consequential loss) to any property or person resulting from the provision or delay in provision of the Treatment or the Products.
Section 13. Force Majeur
Blanc Spa will not be liable for delay or failure to perform an obligation under these Terms and Conditions due to circumstances beyond their reasonable control.
Section 14. Variations
These Terms and Conditions may be amended by Blanc Spa from time to time.
Section 15. Privacy
Blanc Spa is an organisation bound by the Australian Privacy Principles under the Privacy Act 1988 (Cth) (“Privacy Act”). A copy of the Australian Privacy Principles are available from the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
Section 16. Disputes
If a dispute arises under these Terms and Conditions, the parties will attempt to negotiate a resolution by good faith negotiations.
If a dispute persists for more than 120 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre.
Save for proceedings for urgent, interlocutory relief, neither party may commence legal proceedings in relation to a dispute unless the dispute resolution process has first been complied with.
Section 17. Waiver
A single or partial exercise or waiver of a right relating to these Terms and Conditions will not prevent any other exercise of that right or another right.
Section 18. Interpretation
Unless otherwise inconsistent with the context:
ACL means The Australian Consumer law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth); Blanc Spa means Blanc Spa Pty Ltd (ACN: 612 308 139)
Consumer has the meaning prescribed to it in the ACL;
Client means the person or entity named as the Client in the Treatment Booking;
Force Majeure Event means any event or circumstances which is beyond the reasonable control of the effected party which results in or causes the failure of that party to perform any of its obligations under these Terms and Conditions;
GST has the meaning prescribed to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended);
Premises means Blanc Spa’s premises at 572 Malvern Road, Prahran VIC;
Products means the products ordered by the Client from Blanc Spa;
Product Price means the price for the products specified in the Product Order;
Product Order means the document which outlines the Products to be purchased by the Client from Blanc Spa, and which constitutes a tax invoice for the purposes of A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended);
Blanc Spa Consultation Form means the form or application entitled as such and provided to the Client prior to the Treatment as amend from time to time;
Terms and Conditions means the Terms and Conditions set out in this document;
Treatment means a treatment provided to the Client, as set out in a Treatment Booking or as placed by the Client in accordance with any other process imposed by Blanc Spa from time to time;
Treatment Booking means the document which outlines the Treatment to be provided to the Client by Blanc Spa, and which constitutes a tax invoice for the purposes of A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended);
Treatment Price means the price specified in a Treatment Booking for the Treatment and includes the Treatment Deposit;
Website means Blanc Spa’s website at www.blancspa.com.au.