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MY LASH STORE
TERMS AND CONDITIONS
Last updated on 24 July 2019
These terms and conditions (Terms) govern your use of the My Lash Store website located at https://mylashstore.com.au (Website) and our supply of goods through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, My Lash Store ABN 63 211 771 486 (My Lash Store, our, we or us).
These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase goods through the Website (Goods).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
1. USE OF THE WEBSITE
1.1 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
1.2 ACCOUNT REGISTRATION
To access promotions and member benefits, you may sign up for an account (My Lash Store Account).
When you register for a My Lash Store Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you're solely responsible for:
(a) maintaining the confidentiality and security of your My Lash Store Account information and your password; and
(b) any activities and those of any third party that occur through your My Lash Store Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your My Lash Store Account information or your password.
1.3 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of My Lash Store;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of My Lash Store, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;
(iv) instigating or participating in a denial-of-service attack against the Website.
1.4 INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
1.5 INTELLECTUAL PROPERTY
(a) My Lash Store retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from My Lash Store or as permitted by law.
1.6 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility.
(b) We have no control over the content of the linked websites and we are not responsible for it.
(c) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
1.7 SECURITY
My Lash Store does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
1.8 REPORTING MISUSEIf you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
1.9 LIABILITY
(a) (Limitation of liability) To the maximum extent permitted by applicable law, My Lash Store excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by My Lash Store.
Claims for loss of or damage to Goods in transit must be made against the carrier.
Goods sold by My Lash Store will have only the benefit of any warranty given by the manufacturer. All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, My Lash Store's liability for breach of that non-excludable condition, warranty or guarantee will, at My Lash Store's option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(b) (Indemnity) You agree to indemnify My Lash Store and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Website or of any goods or services provided by My Lash Store.
(c) (Consequential loss) To the maximum extent permitted by law, under no circumstances will My Lash Store be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by My Lash Store (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You agree to be bound by the clauses outlined in My Lash Store's Privacy Policy, which can be found here.
2. SUPPLY TERMS
2.1 OFFER TO PURCHASE
By submitting an order for purchase of a Good using the Website's functionality (Purchase Order) you represent and confirm that you:
(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(b) are authorised to use the debit or credit card included in your order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.
2.2 DISCLAIMER AND BUYER OBLIGATIONS
(a) You acknowledge that the Goods are cosmetic products designed for professional use only and may be dangerous, if used incorrectly or by people not appropriately trained to use the Goods and you agree that you use the Goods entirely at your own risk.
(b) By purchasing the Goods you agree and warrant that:
(i) you will only use the goods if you are Qualified to do so and only allow the Goods to be used by other people, if they are Qualified to do so;
(ii) if you on-sell or gift the Goods, you will take all reasonable endeavours to ensure that the Goods are only sold or gifted to people who are Qualified to use them;
(iii) you will only use the Goods in accordance with the manufacturers’ instructions provided on the packaging or on the Website;
(iv) you will not use the Goods if it is unsafe to do so; and
(v) you will indemnify My Lash Store and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Goods.
(c) For the purposes of this clause 2, ‘Qualified’ means:
(i) having been appropriately trained and holding at least the equivalent of a lash technician qualification or equivalent from a reputable institution; and
(ii) having all permits and/or licences required to be held by a lash technician or equivalent in the jurisdiction where the Goods are to be used.
2.3 PAYMENT
(a) (Payment obligations) Unless otherwise agreed in writing:
(i) if My Lash Store issues an invoice to you, payment must be made by the time specified in such invoice;
(ii) in all other circumstances, you must pay for all Goods on or prior to My Lash Store dispatching the Goods for delivery; and
(iii) you must not set off any money alleged to be owing by My Lash Store against money due by you to My Lash Store.
(b) (GST) Unless otherwise indicated, amounts stated on the Website include GST.
(c) (Card surcharges) My Lash Store reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(d) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
2.4 CANCELLATION
(a) We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
(b) You can cancel or change your Purchase Order before we have shipped the Goods. Any cancellation will incur an administration fee of 5% of the value of the Purchase Order.
2.5 PRICING ERRORS
In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
2.6 DELIVERY AND SHIPPING
(a) (Delivery) For Goods to be delivered, My Lash Store may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by My Lash Store.
(b) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
2.7 TITLE AND RISK
(a) (Title) Until the price of Goods is paid in full, title in those Goods is retained by My Lash Store.
(b) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
(c) (Failure to pay) If you do not pay for any Goods on or before the due date for payment:
(i) or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, My Lash Store reserves the right to revoke such credit and demand immediate payment before any further shipment of Goods;
(ii) you must pay My Lash Store interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by My Lash Store;
(iii) you authorise My Lash Store, its employees and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or any reasonable damage;
(iv) My Lash Store may at its option keep or resell Goods retaken from you; and
(v) if you sell Goods or items into which the Goods are incorporated before payment in full to My Lash Store, you acknowledge that such sale is made by you as bailee for and on behalf of My Lash Store, to hold the proceeds of sale on trust for My Lash Store, in an account in the name of My Lash Store, and you must pay that amount to My Lash Store on demand.
2.8 CUSTOMS AND DUTIESMy Lash Store reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
2.9 RETURNS & EXCHANGES
(a) Returns of Goods will only be accepted if:
(i) the Goods are faulty and you comply with the provisions of this clause; or
(ii) the Goods are new, unused and tagged (if applicable) (Original Condition);
(iii) the Goods are returned within 60 days of you receiving the Goods;
(iv) the Goods are not adhesives and/or sale and clearance products;
(v) you follow the Domestic Return Process or International Return Process (as applicable) outlined on our website; and
(vi) we agree in writing to accept return of the Goods.
(b) We will only exchange products, (other than faulty products), for store credit.
(c) (Faulty products) If you believe your Goods are faulty, please contact us using the details provided on our website with a full description of the fault (including images if possible).
If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.
If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.
If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
3. GENERAL
(a) (Governing law) This agreement is governed by the law applying in Victoria, Australia.
(b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(c) (Amendments) These Terms may only be amended by My Lash Store in accordance with the Terms.
(d) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(e) (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
(f) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
(g) (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
(h) (Interpretation) In these Terms, the following rules of interpretation apply:
(i) (singular and plural) words in the singular includes the plural (and vice versa);
(ii) (gender) words indicating a gender includes the corresponding words of any other gender;
(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(iv) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(v) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(ix) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.