Sand&Sky Pty Ltd is an Australian registered company (ABN 70 615 230 272). Our contact details are listed in the ‘Contact’ section of our website. Sand&Sky Pty Ltd reserves the right to change and alter these terms without giving prior notice and it is up to the user of the website to take responsibility to return to this page to review any changes that have been made. These changes take effect from the exact time of posting on this website. It is advised before the purchase of any product that you review this section. The last time these Terms and Conditions were altered was on the 16th March 2017.
Welcome to the SandAndSky.com website (the "Site"). This website is owned by Sand&Sky Pty Ltd. Duckboard House, Level 2, 93 Flinders Lane, Australia. Sand & Sky Pty Ltd. provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.Use of Site
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Australian. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified healthcare professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Some of the Services that we offer, such as our subscription service, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to receive any recurring subscription order. By choosing a recurring subscription payment you acknowledge and agree that (A) Sand & Sky (or our third-party payment processer) is authorized to charge you on a recurring basis (e.g. monhtly, every two months, every three months) for as long as your subscription continues and (B) your subscription is continuous until you cancel or pause it, or we suspend or stop providing access to the site or products. You may cancel your subscription at any time through the My Account feature on the Sand & Sky website or by emailing us at firstname.lastname@example.org. You will be responsible for all charges incurred with respect to any order processed prior to the cancellation or pausing of your subscription.
By purchasing a Subscription product, you agree to a regular payment (monthly, bi-monthly, every 3 months i.e. whatever option you have selected) and recurring order. You will be billed a recurring Subscription based on the order frequency selected at checkout, with a 10% discount to the full price of the product automatically applied. Your order will comprise of the product/s selected at checkout at the time of purchasing your subscription.
We will notify you via email before each recurring order is billed. You may cancel your Subscription anytime prior to the next billing cycle, subject to the terms of our cancellation policy.
We reserve the right to determine or change what products are eligible for subscription order purchases. Subscription orders are limited to a maximum of two subscriptions per customer account.
CANCELLATION POLICY: Recurring subscription orders may be cancelled at any point after the first recurring order has been processed. After this point, you may pause or cancel your subscription within the My Account feature on the Sand & Sky website. You will be unable to pause or cancel your subscription within 48 hours of your next billing date. To make changes to all future orders, submit a cancellation or pause request no later than 48 hours before the next scheduled billing date. You may choose to resume a paused subscription at any time within the My Account feature.
RECURRING PAYMENTS: When purchasing a subscription product, you will be charged the product price for your order on the order date. Each subsequent recurring order will be processed on the same date every one month, two months, or three months depending on your selected subscription frequency. You may update your subscription frequency at any time through the My Account feature. You will be unable to make changes to your subscription, including pausing or cancellation, within 48 hours of your next billing date. You will need to submit a pause or cancellation request after that order has been processed, and no later than 48 hours before the next billing date. If your recurring payment is scheduled on the 29th, 30th, or 31st of a month, your subscription will always be processed on the last calendar day of the next payment month.
SUBSCRIPTION SHIPPING OPTIONS: If Express Shipping is selected for a Subscription Order the initial order will be delivered via Express Shipping with a one-off Express Shipping fee. All subsequent recurring orders will be processed with standard free delivery at no additional cost.
PROMOTIONAL DISCOUNTS: The company reserves the right to offer limited promotional discounts to customers. By making a Subscription Order, a 10% discount to the original full price of the product will be automatically applied to the first order, and all subsequent recurring payments. This discount is automatically applied at checkout. This offer cannot be used in conjunction with other offers or promotions.
A Qualified Referral is defined as a purchase made at www.sandandsky.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link and using the unique discount code sent to them. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address) and must be a new Sand & Sky customer.
For you to earn referral rewards as a Referrer, the Referred Customer must complete an order of the Porefining Face Mask and/or the Flash Perfection Exfoliating Treatment using the unique 15% discount code emailed to them. Bundles, Besties Kits and Travel Size products do not apply as the discount code cannot be applied to these products.
As a reward you get a unique 15% off you next order for each successful reward. Your unique discount code will be emailed to you once the Qualified Referral is complete. Those rewards are not cumulative, only one code per transactions can apply. The maximum Qualified Referrals earned per calendar year may be no more than 20 Qualified Referrals. This reward is not valid in conjunction with other ongoing offers or promotions. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Reviews & Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photographs, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non confidential and non proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, photographs, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Sand&Sky Pty Ltd or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Sand&Sky Pty Ltd. or its affiliates. All software used on this Site (the "Software") is the property of Sand&Sky Pty Ltd its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by Australian and international copyright laws. SANDANDSKY.COM, #SANDANDSKY (& design) and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Sand&Sky Pty Ltd, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
Standard Terms of Sales
When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to Order, you will then be shown or told (on the Site) the charges you must pay including GST or VAT or other sales taxes, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in the United States of America. You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full.
If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method that you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product. When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order. Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order first). A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Confirmation of Order" stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when we have dispatched it. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If you or we have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price. You must only submit to us or our agent or the Site information, which is accurate, and not misleading and you must keep it up to date and inform us of changes.
We delivery your product via courier with no of delivery charges to you. If you order from outside the United States of America, you are responsible for any charges that might apply from customs (e.g. GST, import tax) or other government agencies of your country. Please do check your local requirements before ordering from our Site. You can find our Shipping and Refund policy here www.sandandsky.com/shipping-refund. It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
Duty & VAT
In the event that an international shipment attracts import charges, you are required to pay all outstanding charges to receive. These charges are unable to be paid for, or reimbursed by Sand&Sky Pty Ltd. For more information please see the duty calculator here: http://www.dutycalculator.com/
We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time. In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including: a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and b) you providing us with the delivery note number and such other information as we reasonably require. If you believe you received a faulty please contact us immediately at firstname.lastname@example.org.
Upon confirmation of the faultiness of the product, we will refund or replace the product immediately
Termination & Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States of America and Australia. This Site may contain products or references to products that are not available outside of the USA or Australia. Any such references do not imply that such products will be made available outside the USA or Australia. If you access and use this Site outside the USA or Australia you are responsible for complying with your local laws and regulations. DISCLAIMER AND LIMITATION OF LIABILITY This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for: a) the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or b) otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions. THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED IN THIS AGREEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at email@example.com.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Law of Australia. Both you and we hereby submit to the non-exclusive jurisdiction of the Australian Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Please send any questions or comments regarding this Site to: Sand&Sky Pty Ltd Duckboard House, Level 2, 93 Flinders Lane, Australia
Every person has different skin and therefore results may vary from customer to customer. While Sand&Sky Products have helped thousands of people to enhance their skin appearance, we won’t be held responsible for results below customer expectation.