These Terms and Conditions ("Terms") are a legal agreement between you and Rationale USA, LLC that governs your access to and use of www.rationale.com (the "Site"). Please read these Terms carefully. By using the Site, you agree to be bound by these Terms.

CURRENT OFFERS

Complimentary Samples

From November 8, 2022 at 12.00am select 2x 3ml samples with orders over $150 USD and an additional 2x 5ml samples with orders over $300 USD. Gift to be selected by customer at checkout. In the event of high demand, RATIONALE reserves the right to substitute your gift for an item of equivalent value without notice. Offer excludes Gift Cards.

The Calming Milk Essence Gift with Purchase

This offer commences on 30 October 2024 and concludes on 30 December 2024, or while stocks last. You will receive a gift of The Calming Milk Essence (15 mL) with any purchase made of $500AUD, $400NZD, $350USD, 250GBP or more at RATIONALE.com or at a RATIONALE Flagship or select RATIONALE Agency Partners. Excludes giftcard purchases. In the event of high demand, RATIONALE reserves the right to substitute your gift for an item of equivalent value without notice. The Calming Milk Essence GWP is non-transferable and cannot be exchanged or redeemed for cash.

DEFINITIONS 

In this agreement:

"Affiliated Clinics and Professionals" means a specialist and registered clinic being a business or practice of a qualified professional(s) such as a dermatologist, plastic surgeon or cosmetic physician, who stock RATIONALE Goods.

"Carrier" means any person or business contracted by RATIONALE to carry and deliver Goods from us to You, whether all or part of the distance.

"Content" means information in any form published on our Website by us or any third party with our consent. 

"Goods" means any of the RATIONALE products in the catalogues we offer for sale on our Website.

"Order" refers to an order for Goods by You either by using our online order system or our non-online ordering process by telephone, facsimile or email.  

"RATIONALE", "we", "us" and "our" means Rationale USA, LLC located at 333 S.E. 2nd Avenue, Suite 2000, Miami, Florida, United States, 33131.

"Website" means the entire computing hardware and software installation that is or supports our Website at www.rationale.com, including but not limited to, our online product catalogue, ordering and payment systems. 

"You" or "Your" means a visitor to our Website and/or a retail customer who is a patient of an Affiliated Clinic and Professional seeking to purchase Goods specified herein.

INTRODUCTION

By using our website in any way, or by buying directly from us, You agree to be bound by these Terms. No person under the age of 18 or 21 years (as applicable in Your jurisdiction) may purchase Goods without parental or guardian consent.

By making a purchase from our website You represent to us that You have read, understood and accept that You will be bound by these terms of sale. Your purchase contract with RATIONALE is binding when we accept Your order.

Changes To These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and they apply to all access to and use of the Site thereafter. However, any changes to the Governing Law sections will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within the Service.

Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

CONSULTATION WARRANTY AND INDEMNITY TO RATIONALE 

You acknowledge and warrant to RATIONALE, as applicable, the following:

We only offer our Goods for direct sale from our Website on the condition that You are a patient of one of and You have undergone a consultation with and have been recommended to use our Goods by RATIONALE or one of our Affiliated Clinics and Professionals. 

We recommend that when You make an Order, and each subsequent time You make an Order, to purchase Goods, You ensure that You have received a consultation from RATIONALE or through one of our Affiliated Clinics and Professionals. 

When You make an Order You provide us with certain information, which is Your ongoing responsibility to be correct and updated as necessary. We rely on this information being true, correct and not misleading. If the information is untrue, incorrect or misleading in any way, we will not accept and/or cancel Your Order and exclude You from being able to make any further Order purchases for Goods. 

ONLINE ORDER PURCHASES

These terms of sale apply:

(a) so far as the context allows, to You as a visitor to our website; and

(b) in any event to You as a purchaser or prospective purchaser of our Goods.

Each order is subject to acceptance by RATIONALE and may be accepted in whole or in part or declined. We shall accept Your order by email confirmation. Our message will also confirm details of Your purchase and tell You when we shall dispatch Your order. Upon this acceptance by us of Your order is when Your binding purchase contract is made with RATIONALE on these terms of sale.

An online purchase by You from our website will not be accepted by us until the full invoice price on an order, including any delivery charges and any other applicable charges nominated by You, have been paid in full. We screen all orders for fraud and other types of unauthorised or illegal activity.  We reserve the right to refuse to process an order due to suspected fraud or unauthorised activity.  In this instance, we may reject your order or our Client Services Team may contact you to confirm your order and, in some instances, your identity.  We reserve the right to cancel any Client accounts or refuse to ship to certain addresses or locations as determined by us, in order to protect our Clients and ourselves from fraud or unauthorised activity. 

We reserve the right to limit the maximum price, download and weight of online purchases in our absolute discretion from time to time. You will be notified if the maximum limit is reached by us at the time of Your order or acceptance message from us. 

Product Usage, Description, and Availability

Prices, descriptions or availability of products on our Site are subject to change without notice. While products on this Site are presented with the greatest accuracy technically possible, representation on this Site through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased product. 

Any Goods made available through our site are intended for non-commercial use, and purchase of any Goods for re-sale purposes is strictly prohibited. All descriptions, weights and sizes of goods are those of the original manufacture of the Goods and You may not rely on their accuracy. Accordingly, any such description shall not form part of this agreement. 

Goods advertised on our website may not be available. If we do not have the Goods You order in stock, we will offer You alternatives before we dispatch Your order. If this happens You may: (a) accept the alternatives we offer; (b) cancel Your order; and (c) leave the order valid, but tell us to omit the out of stock item.

PRICE AND PAYMENT

All prices quoted on our website are in United States Dollars (USD) and are exclusive of any applicable sales tax. You must pay us the full price of Your order before we will send any part of it. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than United States dollars will be borne by You. You will pay all sums due to us under these terms of sale by the means specified without any set off, deduction or counterclaim.

INFORMATION YOU GIVE US

You agree that You have provided, and will continue to provide accurate, up to date, and complete information about Your contact and address details. We need this information to provide and deliver to You the Goods. Further, when you use or access the Site, you authorize us to automatically collect information about you, your use of the Site, and to use, transmit, process, and store that information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Site.

We will use our reasonable endeavours to respond to any point of dissatisfaction by You, provided You contact us within 7 days of Your receipt of Goods from us.

DELIVERY

Deliveries will be made to You by the carrier to the address stipulated in Your order. You must ensure that someone is present to accept delivery otherwise You may be subject to an additional charge. If the carrier or we are not able to deliver Your Goods within 14 days of the date of Your order, we shall notify You by email to arrange another date for delivery. We may deliver the Goods in installments if the goods are not available at the same time for delivery. 

Unless You otherwise request in writing at the time of placing Your order, we shall deliver the Goods at the address nominated in Your order. 

If we owe You money (for this or any other reason), we will credit Your credit or debit card as soon as reasonably practicable but, in any event, no later than 30 days from the date of Your order.

Goods are at Your risk from the moment they are picked up by the carrier from our warehouse for delivery to You.

TAXES, DUTIES AND IMPORT RESTRICTIONS

You are responsible (a) for purchasing Goods which You are lawfully able to use or import and (b) for the payment of any applicable taxes, duties, excises, levies, or similar charges of any kind levied in any jurisdiction in relation to the Goods or the delivery thereof (which, for the avoidance of doubt, shall exclude and taxes based on our overall gross or net income).

GOODS RETURNED 

Because You are buying the Goods by online or off-line order, You may have a right of cancellation. If You do (and only if You do), these are the terms of sale which apply:

You must tell us You wish to cancel Your order within 15 minutes of submitting Your order to us, as You order will be picked and packed on the hour. We will do our best to assist You with this process but cannot guarantee it.

Goods ordered and received by You will be exchanged if they are damaged in transit and arrive damaged to You. We are not required to provide a refund or replacement if You change Your mind. But You can choose a refund or exchange if an item has a major problem. This is when the item: 
- has a problem that would have stopped someone from buying the item if they had known about it;
- is unsafe; 
- is significantly different from the sample or description; and 
- doesn't do what we said it would or what You asked for and can't be easily fixed. 

To have damaged Goods exchanged or refunded You will need to:
(a) contact us (by phone or email) within 48 hours of You receiving the Goods;
(b) post the Goods and our original delivery slip back to us within 7 days of You receiving our Reply Paid instructions, at Your risk, all damaged item(s) and their packaging must be:
(i) in the original condition with all tickets and labels attached; 
(ii) securely wrapped; and (iii) Goods must not have been used other than minimal use for the purposes of establishing they are not the correct Goods that You requested in Your order;
(c) once we have received, inspected and validated Your damaged Goods claim, we will post out a full replacement of the Goods to You, delivery charges will be at our cost.

If the Goods You receive are not what You have ordered and the error is our fault, we will replace the Goods with Your correct order. To have wrong orders replaced You will need to: 
(a) contact us (by phone or email) within 48 hours of You receiving the Goods; 
(b) post the goods and our original delivery slip back to us within 7 days of You receiving our Reply Paid instructions, at Your risk, all item(s) wrongly dispatched and their packaging must be: 
(i) in their original condition with all tickets and labels attached;
(ii) securely wrapped; and 
(iii) Goods must not have been used other than minimal use for the purposes of establishing they are not the correct Goods that You requested in Your order;
(c) once we have received, inspected and validated Your wrongly dispatched Goods claim, we will post out a full replacement of the Goods to You, delivery charges will be our cost. 

WARRANTIES AND DISCLAIMERS

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

Product Warranties

 We give no warranty and make no representation, express or implied, as to the following:
(a) the adequacy or appropriateness of the goods for Your purpose;
(b) the truth of any information given on our website;
(c) any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
(d) compatibility of our website with Your equipment software or telecommunications connection;
(e) compliance with any law; and
(f) non infringement of any right.

Links from the Website

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Certain Damages

To the maximum extent permitted by applicable law, in no event will RATIONALE or any of its affiliates, suppliers or licensors be liable for: any consequential, special, incidental, indirect, or punitive damages; loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential information, or other information; business interruption; personal injury; property damage; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these Terms or the Site, even if RATIONALE or any of its affiliates, suppliers, or licensors has been advised of the possibility of such damages.

In any claim against us our liability is limited to the value of the Goods You have purchased in the order which is the subject of the dispute.

CONTENT AND INTELLECTUAL PROPERTY RIGHTS

Title, ownership rights, and intellectual property rights in the content whether provided by RATIONALE or by any other content provider shall remain the sole property of RATIONALE and/or the other content provider. We will strongly protect such rights in all countries. You may not copy, modify, publish, transmit or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement. You may download or copy the content only for Your own personal use, provided that You maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.

 
SYSTEM SECURITY

You agree that You will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of our website system installation. You agree that You will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintentionally affect any portion of our website, or any software used on our website, and that You will not permit any other person to do so. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Examples of violations include, but are not to limited to, the following:
(a) accessing data unlawfully or without consent;
(b) attempting to probe, scan or test the vulnerability of our system or network or to breach security or authentication measures;
(c) attempting to interfere with the service to any user, host or network, including, without limitation, via means of "overloading", "flooding", "mail bombing" or "crashing";
(d) forging any tcp/ip packet header or any part of the header information in any email or newsgroup posting; and
(e) taking any action in order to obtain goods to which You are not entitled.

IP and Security Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of: 
(a) any violation of system security as set out above;
(b) Your use of our website;
(c) any other breach or violation of this agreement by You; and
(d) the infringement by You, or by any other user of Your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of Your communications.

INDEMNITY

In addition to the indemnity rights set forth above in the paragraph labelled “IP and Security Indemnity, You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of Your use of our website, or the infringement by You, or by any other person using Your computer, of any intellectual property or other right of any person.

RIGHTS OF THIRD PARTIES 

Nothing in this agreement or on our website shall confer on any third party any benefit whatsoever.

WAIVER AND SEVERABILITY

If any of these terms of sale is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced from. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

DISPUTE RESOLUTION, GOVERNING LAW

In the event of a dispute arising out of or in connection with these terms of sale or any agreement between You and us, then You agree to attempt to settle the dispute by engaging in good faith negotiation with us followed by a process of mediation before commencing any other proceedings.

This agreement shall be governed by and construed in accordance with the law of California, United States of America and this agreement shall not be governed by the united nations convention on contracts for the international sale of goods whatsoever, the application of which is hereby expressly excluded. 

SERVICE INTERRUPTION; FORCE MAJEURE

To ensure the best possible service level, RATIONALE reserves the right to interrupt the Site for maintenance or any other changes, informing the users appropriately.

Within the limits of law, we may also decide to suspend or terminate the Site altogether. If the Site is terminated, RATIONALE will cooperate with you to enable you to withdraw personal information in accordance with applicable law.

Additionally, the Site might not be available due to reasons outside RATIONALE’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc.)

ONLINE BOOKING

You are required to provide credit card details at the time of booking to secure your appointment via RATIONALE.com or when booking directly with a RATIONALE Flagship. Your card will not be charged at the time of booking. All credit card information is encrypted and stored securely by a third-party payment provider. RATIONALE has the right to refuse or cancel your appointment request if valid credit card details are not provided at least 48 hours prior to your appointment.

You will be sent an Appointment Reminder two days prior to your scheduled booking via your preference of email and/or SMS text message. You may reschedule or cancel your appointment up to 24 hours prior to your scheduled time through your Appointment Confirmation email or by contacting the Flagship of your appointment via phone, email or in person.

If you do not attend your appointment or if you cancel or reschedule with less than 24 hours’ notice, you will be charged a Cancellation Fee of USD$50. The Cancellation Fee will be charged using your credit card details held by a third-party payment provider. We understand that unexpected circumstances may occur; please contact your selected RATIONALE Flagship if you require further assistance.

Please note that Consultations and Treatments cannot be performed if you have received cosmetic injectable services within 14 days of your appointment booking. Please review the details of any Consultation or Facial Treatment prior to booking to ensure your suitability. If you are unsure of your preferred or prescribed Treatment, please connect with a RATIONALE Expert via phone, email or in person at a RATIONALE Flagship. RATIONALE may contact you to confirm suitability of your selected Treatment upon receiving your appointment request.

You will be required to review, complete, and sign a New Client Consent Form or Existing Client Consent Form prior to any Consultation or Facial Treatment performed at a RATIONALE Flagship. RATIONALE has the right to reschedule or refuse a service on the day of your appointment if you disclose any new information that conflicts with RATIONALE protocol.

TREATMENT PRICING

RATIONALE Series are non-refundable and cannot be exchanged for cash, gift card or debit/credit card refund. RATIONALE Series are non-transferrable, and only to be redeemed at Flagship of initial purchase. Full or partially redeemed Series cannot be transferred to another Client. RATIONALE Series expires 36 months from the date of purchase. Any balance remaining after this time will not be available for use, except as required under law.

Bookings must be made prior to treatment and bookings are subject to availability. There is no limit on the number of treatments that can be purchased; however, payment must be made in full and the terms of our Cancellation policy continue to apply. https://www.rationale.com/pages/terms-and-conditions

All rates quoted on or obtainable through this website are in USD, inclusive of GST. Payment must be made at the time of service and can be made by either by cash, RATIONALE gift card or selected credit/debit cards (cheques are not accepted). In the event of appointment cancellation, 24 hours’ notice is required otherwise a $50 cancellation fee will apply.

The Reward Treatment Series excludes The Renewal Remodelling Facial and The PhotoDynamic Brilliance Boost Series.

PARTNERSHIP OFFERS

Trove Beauty x RATIONALE 

Offer limited to a single transaction. One transaction per Client. Discount is not valid in RATIONALE Flagships, affiliated medical agencies, David Jones, Saks or Neiman Marcus online. Discount not applicable on gift cards or services (including Consultations and Facial Treatments).

Beautiful Skin Superfluid, New York City Event

Discount code is valid from April 20 on us.rationale.com only. Offer limited to a single transaction. One transaction per Client. Discount is not valid in RATIONALE Flagships, affiliated medical agencies, David Jones, Saks or Neiman Marcus online. Discount not applicable on gift cards or services (including Consultations and Facial Treatments).

Private Suites x RATIONALE 

Unique discount code is valid until January, 2024. Available on us.rationale.com only. Offer limited to a single transaction. One transaction per Client. Discount is not valid in RATIONALE Flagships, affiliated medical agencies, David Jones, Saks or Neiman Marcus online. Discount not applicable on gift cards or services (including Consultations and Facial Treatments).