Terms and Conditions

1. Application

These Terms and Conditions govern the supply of goods by Create My Skin Care, trading via www.createmyskincare.com.au and abbreviated as CMSC, to the purchaser. By placing an order or accepting delivery of goods, the Customer agrees to be bound by these Terms. The Terms in force at the time of order apply to that transaction.

2. Nature of Supply

CMSC supplies bulk cosmetic bases and raw materials intended for further development, private label use, repackaging and commercial distribution. The goods supplied are manufacturing inputs and are not finished consumer cosmetic products. Each base is manufactured with an appropriate preservative system at the time of production and supplied as a starting formulation. CMSC does not conduct finished product stability testing, microbial challenge testing, packaging validation, transport simulation testing, safety certification or regulatory approvals on behalf of the Customer. CMSC may provide a Best Before date within a period of up to twenty four months from the date of manufacture, depending on the product. The Best Before date is provided as an indicative manufacturing reference only and applies strictly to the goods as supplied, unopened, in original bulk packaging and stored under recommended conditions. No representation or warranty is made as to the shelf life, stability, performance or compliance of any goods once handled, repackaged, relabelled, transported, stored outside recommended conditions or placed on the market by the Customer.

3. Responsibility of the Customer

Responsibility for the goods transfers to the Customer upon delivery. The Customer is solely responsible for storage conditions, repackaging integrity, relabelling, transport, microbial control, shelf life determination, expiry dating, Period After Opening assessment, regulatory compliance, safety assessments and claims substantiation. This responsibility applies irrespective of whether the goods are altered, combined with additional ingredients, or sold in their original formulation following repackaging. CMSC provides a full INCI declaration for the goods as supplied. Underlying formulations remain the intellectual property of CMSC and are not disclosed. Any finished product created using CMSC goods remains the responsibility of the Customer.

4. Pricing and Payment

All prices are stated in Australian Dollars and are exclusive of Goods and Services Tax, freight, duties and other applicable charges unless expressly stated otherwise. Payment in full must be received prior to dispatch unless otherwise agreed in writing. CMSC reserves the right to refuse or cancel any order prior to dispatch at its discretion.

5. Delivery

Shipping charges are calculated at checkout based on the service selected. Delivery timeframes are estimates only and are not guaranteed. All deliveries require a person to be present to accept the goods. Authority to Leave is not available under any circumstances. Where delivery cannot be completed due to absence, restricted access or lack of appropriate unloading arrangements, additional charges may apply. For palletised, drum or IBC deliveries, suitable unloading equipment must be available at the delivery address at the time of delivery.

6. Risk and Title

Risk in the goods passes to the Customer upon delivery to the nominated address. Title to the goods remains with CMSC until full payment has been received in cleared funds.

7. Inspection and Claims

The Customer must inspect the goods immediately upon delivery. Any claim relating to damage, shortage or incorrect supply must be made in writing within forty eight hours of delivery and supported by appropriate evidence.

8. Returns

Due to the nature of bulk cosmetic bases and raw materials, change of mind returns are not accepted. Opened goods, custom orders and bulk freight shipments are non returnable. Where goods are verified as incorrectly supplied or defective, CMSC may, at its discretion, provide replacement, credit or refund in accordance with applicable Australian Consumer Law.

9. Limitation of Liability

To the maximum extent permitted by law, CMSC’s liability is limited to the purchase price of the goods supplied. CMSC is not liable for indirect, consequential or economic loss arising from the use, handling, repackaging, modification or resale of the goods. Nothing in these Terms excludes rights or remedies available under the Australian Consumer Law.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia.