Terms and Conditions

Last Updated: March 2025

During any Oyster Suncare sale, please note that order fulfillment and shipping timelines may experience delays due to high volumes. Discount codes are valid only until the stated expiration, with one discount code per transaction. Please note that discount codes cannot be applied to bundles, and orders must total at least $55 (after discount) to qualify for free shipping.

General

Welcome to the website for OShell™ ACN 627 548 136, trading as Oyster Suncare Pty Ltd. Your access to and use of this Site—including the purchase of any Oyster Suncare products (“Products”)—is governed by these Terms and Conditions, as well as any additional terms provided elsewhere on the Site. Please take a moment to review our Terms & Conditions.

Oyster Suncare Pty Ltd reserves the right to make changes to this Site and these Terms and Conditions at any time. By using this Site and/or placing an order, you agree to comply with these Terms and Conditions. If you do not agree with any provision, please discontinue use of the Site immediately. Any violation of these Terms automatically terminates your right to access and use this Site.

Applicable Law

This Site is created and controlled by Oyster Suncare Pty Ltd in New South Wales, Australia. The laws of the Commonwealth of Australia—and, where applicable, the laws of Western Australia—govern these Terms and Conditions, your use of the Site, and your purchase of Products. By using this Site, you submit to the jurisdiction of the courts of Western Australia (and any applicable appellate courts) for any legal action. This Site is available only to individuals who can form legally binding contracts; if you are under 18 years of age, you must obtain consent from a parent or legal guardian before accessing and using this Site.

Use of the Site

You may use the content of this Site solely for the purpose of shopping and placing an order on this Site. You must not use the Site in any way that violates any of Oyster Suncare’s rights or that is unlawful or prohibited under these Terms or any applicable laws in Australia or elsewhere.

By accessing this Site, you agree not to:

Disrupt or interfere with the security or functionality of the Site or its underlying systems.

Restrict or inhibit any other person’s use or enjoyment of the Site.

Distribute or transmit any material that is indecent, defamatory, harassing, threatening, or misleading.

Infringe on any intellectual property or other rights of any person.

Make fraudulent, misleading, or speculative enquiries, purchases, or orders (including using automated means).

Violate any applicable law.

Unauthorized use of the materials on this Site may violate copyright, trademark, and other laws and could result in criminal or civil penalties.

No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form without Oyster Suncare Pty Ltd’s prior written consent. All rights not expressly granted herein are reserved.

Intellectual Property

This Site is owned and operated by Oyster Suncare Pty Ltd. All content—including site design, logos, icons, graphics, images, layouts, and text—is either owned by us or used with permission. All software on this Site is the sole property of Oyster Suncare or its suppliers.

All trademarks, brands, and logos displayed on the Site are either owned by us or licensed to us. Your access to this Site does not grant you permission to use any of these marks for commercial purposes without our prior written consent.

Any comments, feedback, ideas, or suggestions you provide to us (“Comments”) become our property. Should we use your Comments in any way, you agree that we will not owe you any compensation. You are solely responsible for the content of your Comments, including ensuring they do not infringe on any laws or rights.

Disclaimer, Limitation of Liability, and Indemnity

Except as provided by the Prescribed Terms under the Competition and Consumer Act 2010 (Cth) and applicable fair trading legislation, the Site is provided “as is” without any warranties. To the maximum extent permitted by law:

We disclaim all implied warranties, including those of merchantability and fitness for a particular purpose.

Oyster Suncare, its directors, employees, and distributors do not warrant uninterrupted or error‑free access to the Site or that the Site is free from harmful components (e.g., viruses).

We do not guarantee that we can prevent illegal or harmful use of the Site, nor that we will provide notice of such incidents.

We do not warrant the correctness, accuracy, timeliness, completeness, reliability, or quality of any material on the Site. Use of the Site is at your own risk.

If your use of the Site results in equipment or data servicing or replacement, Oyster Suncare is not responsible for those costs.

If a jurisdiction does not allow the exclusion of implied warranties but permits limitations, our liability is limited to that extent. To the maximum extent permitted by law, Oyster Suncare Pty Ltd, its directors, employees, suppliers, and distributors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising from your use or inability to use the Site or Products. You agree to indemnify Oyster Suncare against any losses or expenses resulting from your breach of these Terms.

Miscellaneous

We may terminate these Terms and Conditions and your access to the Site at any time without notice. Upon termination, you must immediately cease using the Site and either return or destroy all copies of any materials obtained from the Site.

We may also terminate any order if you breach these Terms. Our obligations are suspended if we are prevented from complying due to circumstances beyond our reasonable control. You may not assign or otherwise transfer these Terms without our consent.

These Terms and any order constitute the entire agreement between you and Oyster Suncare Pty Ltd. If any provision is found invalid or unenforceable, the remaining provisions will continue in full force and effect. Failure by us to enforce any provision does not constitute a waiver of that provision. The descriptions and illustrations of any Product on our catalogue, marketing material, or advertising do not form part of these Terms unless required by law.

Any representations about fitness for a particular purpose are provided only for general guidance. You should ensure the Product meets your requirements before purchase.