Last updated: 15 November 2026

How our private label service works

In short, here's what to expect when you work with us.

• Your brief comes first. We turn your ideas into a numbered brief, and you confirm it before we start.
• One revision round is included. Your development fee covers your first sample and one round of changes. Further rounds are quoted.
• Safe and compliant, every time. Our chemist matches your brief as closely as possible and has the final say, so every product is safe, effective and legal in Australia.
• Your formula. If you bring your own formula, it stays yours. If we develop it, it's ours and exclusive to your brand, and you can buy it out.
• Clear pricing. Your prices are in your written quote, valid for 30 days. Each stage is paid upfront.
• We fix things first. If something isn't right, tell us and we'll put it right.

Going ahead with a project means you agree to the full terms below.

Private Label Terms and Agreement

1. Parties, purpose and acceptance

1.1 Parties. Skin Science Australia Pty Ltd (ABN 79 567 634 491) as trustee for the Skin Science Australia Trust, trading as The Skin Science Company, of 12/543 Cooper Street, Epping VIC 3076 (SSC), and the client named in SSC's written quote (Client).

1.2 Purpose. SSC develops, samples and manufactures cosmetic products for the Client under the Client's brand, as described in the Client's confirmed brief and SSC's written quote (the Project).

1.3 Documents. These terms, SSC's written quote and the confirmed brief together make up the whole agreement for the Project.

1.4 Acceptance. The Client accepts these terms, and is bound by them, when they first do any of the following after receiving SSC's quote: sign these terms; confirm in writing (including by email) that they want to go ahead; send their brief, formula, reference products or materials for the Project; or pay any invoice for the Project.

1.5 Offer period. SSC's quote is open for 30 days from the date SSC sends it. If it is not accepted within 30 days, the offer lapses and SSC may withdraw or revise its fees and terms.

2. How the Project runs

1. Brief. SSC turns the Client's requests into a numbered brief. The Client confirms it in writing before development starts. Work is done to the confirmed brief only.
2. Development and first sample. After the development fee is paid, SSC's chemist develops the formula and makes the first sample, usually within 15 business days.
3. Feedback. The Client tests the sample and sends all feedback in one email.
4. One revision round. The development fee includes one revision round. Before it starts, SSC sends a written change list for the Client to confirm. Anything added after that is a further round.
5. Further rounds. Each further revision round is charged as quoted, plus the sample fee.
6. Approval. The formula is locked when the Client approves it in writing. Packaging options and per-unit production prices are confirmed only after this.
7. Production. After the production invoice is paid, products are usually made within 15 business days. The minimum order is 50 units per product.

2.1 Reference products. Reference products are used as inspiration only. SSC does not copy them, and cannot match a product it does not know the full formula of.

2.2 Changes to the brief. A request outside the confirmed brief is a change of scope and is quoted separately.

2.3 Communication. The Project is run by email so every decision is in writing. Calls or meetings, where agreed, are a paid consultation and are confirmed in writing afterwards.

3. Fees and payment

3.1 Fees. Fees are as set out in SSC's written quote. All prices are in AUD and include GST. Shipping is charged separately.

3.2 Payment upfront. Each stage is paid before it starts. SSC does not start work, make samples or release products until the matching invoice is paid.

3.3 Non-refundable. Development, sample, testing and service fees are non-refundable once work has started, except where the law requires a refund, because they pay for the chemist's time and materials, not for a particular result.

3.4 Development fees. Development fees are not credited toward production or a formula buyout.

3.5 Per-unit pricing. SSC does not give per-unit production prices before the formula is locked. Any retail price the Client shares is treated as a target, not a promise that it can be met.

3.6 Price changes. SSC may update its prices from time to time. A change never applies to a stage the Client has already paid for, or to a quote still within its 30 days. For later stages of the Project, SSC gives the Client written notice of the new price before invoicing. If the Client doesn't accept it, they may end the Project at that point with no further fees, keeping everything already paid for.

4. Formulation: the chemist has the final say

4.1 Matched to the brief. SSC's chemist develops each formula to match the confirmed brief as closely as possible.

4.2 Chemist's final say. SSC must make products that are safe, effective and legally compliant in Australia. The chemist therefore has the final say on ingredients, levels, preservation and processing. Where a request in the brief conflicts with safety, stability or the law, the chemist's decision applies, and SSC explains the reason in writing.

4.3 Ingredients work as a system. Each ingredient has a function within the formula, and one function can involve several INCI names. The Client can give direction but cannot require a specific ingredient to be removed or added if the chemist advises against it.

4.4 Natural variation. Natural ingredients vary slightly between batches in colour, scent and texture. This is not a defect.

4.5 Percentages. Formula percentages and manufacturing methods are SSC confidential information. The Client receives the INCI list for labelling.

5. Formula ownership, exclusivity and buyout

5.1 Client's own formula. If the Client supplies their own formula, it remains the Client's property.

5.2 Formula developed by SSC. If SSC develops the formula, it is SSC's intellectual property, as SSC's expertise, research and ingredient sourcing go into it. This applies even when the formula follows the Client's brief or reference products.

5.3 Exclusivity. A formula SSC develops for the Client is exclusive to the Client's brand and is not supplied to another client. Exclusivity continues while the Client places production orders. It lapses only if no production order or buyout is made within 24 months of the later of formula approval and the last production order, and only after SSC gives 30 days' written notice.

5.4 Independent work. SSC makes similar product types for other clients. This is not a breach, provided SSC does not use the Client's formula or confidential information.

5.5 Buyout. The Client may buy full ownership of a formula SSC developed, for a buyout fee quoted on request, under a separate written buyout agreement. On buyout, SSC transfers the full formula with percentages.

5.6 Client brand and concepts. The Client's brand, artwork, packaging concepts and designs remain the Client's property and are kept confidential.

6. Testing, timelines and the Client's responsibilities

6.1 Standard stability check. Every custom product has SSC's standard in-house stability check before release, charged as quoted. It confirms the formula holds up and does not produce a formal report.

6.2 Formal testing. Formal stability testing with laboratory equipment, extended stability, packaging compatibility and any claims testing are optional and quoted separately.

6.3 Timelines. Timeframes are estimates, measured in business days from payment. They depend on the Client's feedback, ingredient supply and testing. SSC is not liable for delays outside its reasonable control, including supplier shortages, courier delays or late feedback.

6.4 Client responsibilities. The Client is responsible for:

• product liability insurance for products sold under the Client's brand
• the accuracy of their labels, marketing and product claims (SSC's label compliance check and claims review are available as paid services)
• registrations needed to sell in their market, including any overseas Responsible Person
• supplying correct delivery details, including any unit or shop number

6.5 Client-supplied materials. Where the Client supplies ingredients or packaging, the Client must provide their SDS and COA and is responsible for their quality and compatibility.

7. Complaints and disputes: our right to fix first

1. Raise it in writing. If the Client is unhappy with a sample, product or service, they email SSC setting out the issue as soon as possible, ideally within 14 days of receiving it.
2. SSC's right to fix. SSC has 30 days to fix the issue, for example by a further revision, remaking a batch or another reasonable remedy. SSC chooses a reasonable remedy, guided by the chemist.
3. No claim while a fix is available. The Client agrees not to start mediation, a tribunal claim or court proceedings about an issue SSC can fix, unless SSC has refused or failed to fix it within those 30 days. This does not stop either party seeking urgent relief from a court or tribunal.
4. Then mediation. If the issue is still not resolved, both parties will first try mediation in Victoria, with costs shared equally, before any other proceedings.

7.1 Your legal rights. Nothing in these terms excludes rights the Client has under the Australian Consumer Law that cannot legally be excluded.

8. General

8.1 Liability. To the extent the law allows, neither party is liable to the other for indirect or consequential loss, including lost profits or sales. SSC's total liability for the Project is limited to the fees paid for the stage concerned. Where a consumer guarantee applies, SSC's liability is limited, as the law allows, to supplying the services again or paying the cost of having them supplied again.

8.2 Whole agreement. These terms, the quote and the confirmed brief are the whole agreement for the Project. They replace any earlier discussions, emails or statements.

8.3 Changes only in writing by the director. These terms can only be changed in a document that says it varies them and is signed by SSC's director. No email or statement by any other staff member or representative changes them.

8.4 No waiver. If SSC doesn't enforce a term, or waives a fee on one occasion, that doesn't waive it for any other occasion.

8.5 Confidentiality. Each party keeps the other's confidential information private. Where a separate NDA has been signed, it continues to apply.

8.6 Inactive projects. If either party doesn't respond for 60 days to a written request needed to continue the Project, the other party may close the Project by written notice. Fees for work already started are not refunded, and SSC may dispose of samples and Project materials 30 days after closing.

8.7 Client indemnity. The Client is responsible for, and covers SSC against, claims arising from the Client's labels, marketing, product claims and any ingredients or packaging the Client supplies, except to the extent SSC caused the loss.

8.8 Notices. Notices under these terms are given by email to the addresses the parties use for the Project.

8.9 Signing. Where SSC asks for a signed copy, these terms may be signed electronically and in counterparts.

8.10 Governing law. These terms are governed by the laws of Victoria, Australia.

8.11 Read and understood. By accepting under clause 1.4, the Client confirms they have read and understood these terms and had the chance to ask questions or get independent advice first.

Questions about these terms? Email customercare@theskinsciencecompany.com.au before you go ahead.