Terms of service

Version as of March, 2021

 

Article 1 General

These general conditions of sale and use define the rights and obligations of the parties in the context of the sale of products by Zipple to the customer and the use of the website www.zipple.com.au. The customer declares to have read it and accepted the rights and obligations relating thereto.

These general conditions of sale apply to all orders placed on the site www.zipple.com.au. They are systematically brought to the attention of each customer to enable them to place an order. Consequently, the fact of placing an order implies the customer's full and unreserved acceptance of the general conditions of sale. Any contrary condition imposed by the customer will therefore, in the absence of express acceptance, be unenforceable against Zipple, regardless of when it may have been brought to its attention. The fact that Zipple renounces, at a given time, to invoke any of the provisions of these general conditions of sale cannot be interpreted as a waiver, on its part, of subsequently invoking these provisions.

 

Article 2 Description of the products

Minimal variations between the products delivered and those shown in the photos do not affect the validity of the customer's consent and consequently the formation of the sale. Exceptionally, errors may occur in the description of the products.

The customer has a right of withdrawal, the characteristics of which are specified by these general conditions of sale.

 

Article 3 Ordering methods and prices

3.1 Prior identification

To place an order, the customer must identify themselves by using their email address, and password. In order to place a first order, it is obligatory to create an account first. 

3.2 Registration and validation of the order

You have the possibility to place your order online from the online store.
Once your basket has been validated, You will have to choose the address and the delivery method, and validate your means of payment, this last step formalising the sales contract with Zipple.

Any order implies acceptance of the prices and descriptions of the Products available for sale.

Zipple will acknowledge receipt of your order as soon as it is validated by sending you an email in which you will find a link to these General Conditions.

In certain cases, in particular for non-payment, incorrect address or any other problem related to your account, Zipple reserves the right to block your order until the problem is resolved.

For any question relating to the follow-up of an order, you can consult your account on the Zipple website.

The customer declares to be at least 18 years old and to have the legal capacity, or to hold parental authorisation allowing him to place an order.

All orders must correspond to the normal needs of a household. In this context, certain references may be subject to a limited number of sales per order.

Customers warrant that they are fully authorised to use the bank card and that this bank card provides access to sufficient funds to cover all costs resulting from the use of the services of Zipple. Only persons legally capable of signing contracts for the goods and services offered on the site can order on the Zipple site.

By clicking on the “payment” button during the reservation process, the customer declares that he fully and unreservedly accepts all of these General Conditions of Sale.

The data recorded by Zipple constitutes proof of all transactions between Zipple and its customers, unless proven otherwise. Zipple will systematically confirm the order by email. In the event of a dispute by the customer, the Customer will have the option of providing proof to the contrary.

The contractual information is presented in English and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery.

The prices of our products are indicated inclusive of all taxes, including participation in the Australian eco-tax and excluding logistics preparation and shipping costs.

For deliveries and services outside of the Australian territory, the provisions of the General Tax Code relating to VAT will apply.

 

Article 4 Customs duties

Any order placed on the Zipple website delivered outside of Australia may be subject to taxes or customs duties when the package arrives in the country of destination. These possible taxes and customs duties are the sole responsibility of the customer, both with regard to the declarations likely to be made, and with regard to the payment of taxes and duties likely to be required by the competent authorities of the destination country. These taxes and duties will be fully borne by the customer. Zipple has no obligation to verify the existence of any taxes or customs duties, nor to inform the customer of the existence of these. The customer has the obligation, prior to ordering, to inquire with the competent authorities of the country of destination of the obligations of declaration and payment of any taxes and customs duties.

Zipple has not implemented a tax refund procedure.

Zipple reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time of the order entry (subject to availability).

Zipple reserves the right to refuse any order, and to notify the customer of its decision by email, in the case when the order comes from a customer with whom there is or would have been a dispute concerning a product distributed by the company Zipple, which would not have paid all or part of a previous order, in the event of unavailability of the ordered product or if there are foreseeable difficulties of delivery within the time limit provided by law.

 

Article 5 Availability

Zipple will do everything possible to process all orders received within the contractual period.

In the event of unavailability of a product after placing the order, the customer will be informed by email or by telephone of the foreseeable period within which the order can be fulfilled. Delivery times are a maximum of 30 days from the date on which the product order is paid. In the event that credit is used, this period shall run from the date on which the credit is formalised.

In the event of a lasting shortage of stock, and in the event that the contractual delivery time cannot be honoured for a reason attributable to Zipple, Zipple will inform the customer by email or telephone, and will offer other products likely to be of interest and, failing that, the order will be terminated if the customer requests it, either by registered letter with acknowledgment of receipt or in writing on another durable medium, that if, after having ordered, under the same terms, Zipple fails to complete the delivery or provide the service within a reasonable additional time, the contract is considered to be terminated upon receipt of the letter by Zipple or writing informing it of such termination, unless Zipple has performed in the meantime. In this case, Zipple will return the sum paid for the corresponding order within 14 days to the customer.

Complaints can be made by email to the sales department: 

Zipple

Email: hello@zipple.com.au

 

Article 6 Payment

Payment for purchases can be made by credit card. Bank cards accepted are: Visa and MasterCard. In the event of payment by credit card, the order will be considered effective after confirmation of the agreement of the bank payment centres. If the bank refuses, the order will be automatically cancelled and the customer will be notified by email. 

 

Article 7 Security

The Zipple site is equipped with a payment security system in accordance with the regulations.

In particular, Zipple never has access to confidential information relating to the means of payment. This is why the customer's bank details will be requested for each order.

 

Article 8 Delivery

The products will be sent to the delivery address that the buyer has indicated during the ordering process.

Participation in logistics preparation and shipping costs are inclusive of VAT.

Delivery of the products ordered is notified by email. The order form and the invoice corresponding to the order, including delivery costs and VAT are accessible on the Zipple site in the "my account" section.

The customer must choose the place of delivery and indicate its characteristics. In order to optimise delivery, the customer must provide an address to which the order can be delivered during working hours. In the event that the customer does not receive a parcel and that said parcel is returned to Zipple, Zipple will invoice the customer for postage and packaging costs for the new shipment of said parcel.

In the event of absence during delivery, at the address indicated by the customer, a calling card is normally left in the letterbox.

The delivery time is fixed at 30 days maximum from the date on which the order is paid. Each delivery is deemed to have been made as soon as the product or products are made available to the customer by the carrier, as evidenced by the control system used by the carrier.

It is the recipient's responsibility to (i) check the shipments on arrival and to make any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears clear signs of deterioration and (ii) inform us without delay of these reservations and complaints so that we can take action against the carrier.

Terms of delivery of E-One packs and accessories

We thank you for following the delivery of your orders from the message that we send to you both on your e-mail address.

We will re-invoice the shipping costs for any package that has been returned to our production unit by the carrier and which therefore requires a new shipment.

General Information

If you plan to be away after placing an order, please contact our sales department so that we can schedule your order to ship when you return. Indeed, any package sent and returned to our company for the reason of non-withdrawal will be re-invoiced in the event of a new shipment.

In case of non-communication of important information allowing the carrier the good delivery of the product or the deposit of a transit advice note in your mailbox (missing access codes, mailbox without a name, etc.), and in In the event that the package is returned to us, we will be obliged to re-invoice you for a new delivery.

 

Article 9 Right of withdrawal for distance sales

In accordance with the provisions of article L 221-18 of the Consumer Code, the customer has the possibility of withdrawing for a period of 14 days from the date of delivery, without having to justify his decision or to bear penalties.

To exercise the right of withdrawal, the customer can use the standard withdrawal form, or make any unambiguous declaration indicating their intention to return the Product to Zipple, in particular by contacting Zipple by post or email.

Zipple - 9A/747 Collins Street - Docklands - 3008 Victoria - Australia

 Zipple will acknowledge receipt of the withdrawal by email. The customer must then return the Products to Zipple, at the latest within fourteen (14) days following their decision to withdraw to the following address: 

Zipple - 9A/747 Collins Street - Docklands - 3008 Victoria - Australia

Return costs are the responsibility of the Customer (with the exception of a defective Product upon receipt, or an error by Zipple when sending the Product).

Download the withdrawal form

The refund, including the delivery costs (except, however, the additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method), will be made within 14 days from the date on which Zipple is informed of the customer's decision to withdraw. In accordance with the law, the reimbursement may be deferred until the recovery of the product or until the customer has provided proof of shipment of this product, the date retained being that of the first of these facts.

The product must be returned in perfect condition, in its original packaging (which will have been opened beforehand to allow discovery and testing of the product), with all accessories and instructions for use in order to allow the product to be re-marketed.

The right of withdrawal must in no case allow a customer to use a product for an objective other than that of discovering and testing the product to verify that it corresponds to their expectations.

The customer may be held liable for any depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product.

By way of example, a product used with more than 10 flashes emitted (the internal counter being proof), cannot be considered as new and, under its responsibility, the customer may be refused reimbursement for this product.

 

Article 10 Applicable law

These general conditions of sale and the contracts concluded within their framework are governed by Australian law.

In the event of a dispute relating to the formation, execution, interpretation, termination and resolution of a sales contract with a customer, the customer may resort to conventional mediation by contacting the MEDICYS mediation centre : https://medicys-consommation.fr/ or by post: MEDICYS - 73 Boulevard de Clichy - 75009 Paris.   

The customer must, however, justify having tried, beforehand, to resolve his dispute directly with Zipple by a written complaint duly motivated, sent by ordinary mail or post.

Zipple

9A/747 Collins Street

Docklands

3008 Victoria

 

 Article 11 Compliance

The products offered for sale on the site of the company Zipple comply with Australian regulations. Zipple cannot guarantee that the products offered comply with foreign regulations. Consequently, in the event that the customer is not an Australian resident, it is up to him, under his sole responsibility, to verify the conformity of the products with the national regulations applicable to him.

 

Article 12 Legal guarantee

All the Products for sale on the Zipple Website benefit from the legal guarantee of conformity (articles L217-1 and following of the Consumer Code) and the guarantee against hidden defects (articles 1641 and following of the Civil Code), allowing the return of defective or non-compliant Products delivered.

There is a period of two years from the delivery of the Product to act in application of the legal guarantee of conformity. In this case, you can choose between the repair or replacement the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code. You are exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product. It is recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted to you by the manufacturer or Zipple. In addition, you can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, you will be able to choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

- Article L217-4 of the Consumer Code: The seller delivers goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

- Article L217-5 of the Consumer Code: The good complies with the contract:
1. If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

- Article L217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.

- Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any downtime of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

- Article 1641 of the Civil Code: The seller is bound by the guarantee for the hidden defects of the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired, or would have given a lower price, if he had known them.

- Article 1648 al 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

The legal guarantees described above can be exercised with Zipple by emailing us to the address below or from the customer's account in the “contact us and after-sales service” section:

Email: hello@zipple.com.au

 

The Zipple after-sales service is the only one authorised to repair equipment and products under warranty.

The product will be replaced or repaired by the company Zipple within 30 days of receipt of non-compliant products or with hidden defects Zipple. In the event of a hidden defect in the product (which renders it unfit for the use for which it is intended, or which reduces this use so much that the customer would not have acquired it, or would have given only a lower price, if he had known it) the customer could be reimbursed for the product. Reimbursement will also be offered in the event of a non-conforming product that cannot be replaced or repaired within the 30-day period, or if the replacement or repair presents a major inconvenience for the customer, and except minor non-conformity. The refund will be made within 30 days of receipt of the returned product.

In the event that the non-conformity or the hidden defect of the product is recognised, the return costs will be reimbursed to the customer and the return costs will be borne by Zipple.

Any warranty is excluded in the event of defects and deterioration resulting from external events, accidents, in particular electrical accidents, wear and tear, installation and use not in accordance with the instructions appearing in the manual attached to the product. Zipple will be able to prove it.

Products which Zipple can prove to have been modified, repaired, integrated or added by the customer or any other unauthorised person are also excluded from warranty.

 

Article 13 Intellectual property

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the site www.zipple.com.au are protected by copyright, trademark law, patent law and image rights. They are the exclusive property of Zipple.

As such and in accordance with the provisions of the Intellectual Property Code, no use, other than private, is authorised, subject to different or even more restrictive provisions of the intellectual property code.

The creation of a hypertext link to the site www.zipple.com.au, using the technique known as deep linking, is strictly prohibited.

Any other use constitutes an infringement and punishable under Intellectual Property without prior authorisation from Zipple.

Any total or partial reproduction of the Zipple catalogue is strictly prohibited.

 

Article 14 Liability

Zipple cannot be held liable for any damage of any kind, whether material, immaterial or bodily, which could result from use that does not comply with the instructions in the user manual or from the misuse of one or more products sold.

In accordance with the law, the responsibility of Zipple will, in any case, be limited to direct and foreseeable damage.

Zipple cannot be held responsible for the non-performance of the contract concluded in the event of force majeure, or for the unforeseeable and insurmountable fact of a third party to the contract.

 

Article 15 Personal information

Zipple undertakes not to disclose to third parties the information communicated by customers on the site. These are confidential. They will only be used by its internal services for order processing and to strengthen and personalise communication, in particular through newsletters / emails as well as part of the personalisation of the site according to the preferences observed by users.

This article cannot prevent the sale or transfer of activities to a third party.

In accordance with the Data Protection Act of January 6, 1978, the customer can exercise his right of access to the file and his right to rectify or delete information concerning him by sending his request to Zipple.

 

Article 16 Modification of the general conditions of sale

Zipple reserves the right to modify the general conditions of sale. Any new version of these will be announced in advance on the site. The general conditions of sale thus modified will apply to any new transaction carried out from the date on which they take effect. Only the latest version of the general online sales conditions on the date of the order, on the Zipple site is applicable to contractual relations.

In the event that any of the terms of the general conditions of sale would be considered illegal or unenforceable by a court decision, the other provisions will remain in force.

 

Article 17 Archiving of evidence

Order forms and invoices are archived on a reliable and durable medium constituting, in accordance with the provisions of article 1379 of the civil code, a faithful copy. The information recorded by the Zipple system and by the secure payment system of the Zipple bank will be considered by the parties as proof of all the transactions between the parties, unless proven otherwise.

Article 18 Medical Information

Zipple – Health advice

• If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition, you should contact your health care provider before purchasing our Products.
• Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Site.
• If at any time you notice any unanticipated changes to your health or skin, you should seek medical attention immediately.

Your health care provider should provide a clearance and should give confirmation that you have no suspected or diagnosed medical conditions that may make light-based treatment inadvisable. Examples of these conditions may include:

• malignant skin conditions such as melanoma, carcinoma or other non-melanoma skin cancers
• health issues that make the client photosensitive (more sensitive to light than what is considered normal)
• taking any medications, supplements or having any other treatments that create contraindications (pre-existing circumstances or conditions that make treatment inadvisable due to the potential of negative effects occurring) to light-based treatment.

There are a number of medications, medical or health conditions, herbal supplements, and other treatments and lifestyle choices that may compromise the safe delivery of light-based treatments or lead to complications post-treatment. Generally, these factors result in higher photosensitivity in the skin of affected individuals. Some of these factors include:

• sunburn, the recent use of a solarium, or the application fake tan to the area within the last two weeks
• eczema or psoriasis in the treatment area 
• birthmarks, moles or raised lesions in the treatment area
• a history of cold sores or shingles in the treatment area 
• waxing, plucking or the use of depilatory (hair removal) creams in the treatment area in the last two months (for hair reduction treatments)
• melanotan injections
• the use of photosensitising medical or herbal supplements in the last six months
• pregnancy or breastfeeding
• medical conditions such as epilepsy, uncontrolled diabetes, vitiligo or autoimmune diseases 
• previously or currently undergoing a course of chemotherapy or radiation therapy and have used a numbing cream in the treatment area
• topical rejuvenation creams that exfoliate the skin (e.g. alpha hydroxyl, retinoids, etc.).

You can characterise your skin type using the Fitzpatrick Skin Phototype characterisation or any other industry accepted skin characterisation model. If you have Skin Type IV and above, as determined by the Fitzpatrick Skin Type, you are at higher risk of injury from light-based treatments due to the higher pigment content of their skin. Due to the lack of pigment in blonde, red or grey hair, clients with these traits may not gain the same level of benefit from procedures such as hair reduction or may have to undergo more sessions to achieve their desired outcome. You should consider your suitability for treatment before purchasing our product to avoid exposing yourself to optical radiation with little or no benefit. 

 

INFORMATION WARRANTY

All information supplied on our Site has NO WARRANTY whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.

Professional advice is required for any particular illness, disease, infection, injury or other medical condition. This information is not to be taken as any sort of medical advice whatsoever. You take full and total responsibility for what you do with this information, and any resulting outcomes from your actions.

The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of your Pharmacist, General Practitioner, other medical practitioner or qualified health provider with any questions you may have regarding yours or any other parties’ medical or relevant skin conditions.

ALWAYS READ THE PRODUCT BOOKLET and USE ONLY AS DIRECTED.

 

Right of withdrawal

(For "consumer" customers, namely persons acting for purposes that do not fall within the scope of their commercial, industrial, or liberal activity)

If you wish to withdraw from your order, please complete this form and return it via email within 14 days from the date of receipt of the product, to the following address:

 

Email to hello@zipple.com.au

 

For the attention of Zipple, 9A/747 Collins Street, Docklands 3008 Victoria

I, the undersigned (first name, last name): _____________________________________________________

Address: ________________________________________________________________________________

Post Code: __________________City:________________________________________________________

Hereby notify Zipple of my intention of withdrawal from the contract for the sale of the property below:

Order information: ______________________________________________________________________

Order reference: ________________________________________________________________________

Product ordered: ________________________________________________________________________

 

Date and signature