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:
(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
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:
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
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
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 MISUSE
If 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.
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:
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:
(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
(i) having been appropriately trained and holding at least the equivalent of a lash technician qualification or equivalent from a reputable institution; and
(a) (Payment obligations) Unless otherwise agreed in writing:
(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.
2.7 TITLE AND RISK
My 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:
(ii) the Goods are new, unused and tagged (if applicable) (Original Condition);
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.