TERMS & CONDITIONS
TERMS & CONDITIONS
You should print a copy of these terms and conditions for future reference.
We amend these terms from time to time, in accordance with clause 22.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 12 OF THIS AGREEMENT
1. Information about us
1.1 We operate the websitewww.fabbrows.com.au. We are Beautiful Brows Limited, a company registered in England and Wales under company number 07511730. Our correspondence address is ADD HERE. Our ABN number is ADD HERE. These terms and conditions will apply to all orders places with us, whether through our website or otherwise.
2. Your status
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3. How the contract is formed between you and us
3.1 After placing an order on our website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product (“Order”). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. Our status
4.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
5. Consumer rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within 14 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). A refund will only be given for Products which are unused, and for which you are able to show proof of purchase.
5.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any Products which have been used.
5.4 Should you inform us that part of your Product is missing, a replacement Product will only be provided if you are able to provide proof of purchase, and return the remainder of the Product to us within 5 working days of it being dispatched.
5.5 All refunds under this clause shall be subject to clause 10 below.
6. Availability and Delivery
6.1 All quoted delivery dates and times are estimates and although we will try our best to meet them we will not be responsible if we are unable to do so. We will let you know if we cannot deliver your products within 30 days of when we receive your payment and will give you the option to either wait for the Products or cancel your order and receive a full refund.
6.2 We shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (“Delivery Location”) at any time after we notify you that the Goods are ready.
6.3 We shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.4 We accept no liability for any damage caused to the Products as a result of an act or omission of any courier or any other third party. Any such damages should be pursued against the third party directly.
7. Risk and title
7.1 The Products will be your responsibility from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price and payment
8.1 The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Product prices include GST. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.
8.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
8.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
8.6 Payment for all Products must be by credit or debit card. We accept payment from all credit or debit cards except American Express, Laser & Paypal. We will charge your credit or debit card, and then dispatch your order.
9. Our Products
9.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may very slightly from those images.
9.2 Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.
9.3 The packaging of the Products may vary from that shown on images on our site.
9.4 All Products shows on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
10. Our refunds policy
10.1 If you return a Product to us:
(a) in the event that you are a consumer only, and you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1above) (and the Product is unused), and we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 22 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), you must return the product to us within 14 days of the Dispatch Confirmation being sent to you, we will then examine the returned Product and will notify you if you are eligible for a refund via e-mail within a reasonable period of time. We will usually process any refund that may be due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.3 In the event that you inform us that you have not received a Product, we will refund/replace the item at our discretion, and only if the following conditions apply:-
(a) The purchase value of the Product is over $35: and
(b) You informed us of non-receipt of your product within 5 working days of the expected date of delivery; and
(c) You provided us with proof of purchase, and any other evidence that we required to investigate the non-receipt of the Product.
10.4 In the event that any Product provided to you is damaged, we will refund you in full and/or supply you with a replacement at our discretion provided that you:-
(a) Are able to show that the purchase value of the Product was over $35; and
(b) Return the damaged Product to us within 5 working days of receipt; and
(c) Provide us with proof of purchase, and any further evidence that we require to show how the damage was caused.
10.5 For the avoidance of doubt, we are under no obligation to provide you with a replacement/refund in respect of any Products in accordance with clause 10.3 and 10.4 above, and all replacements/refunds shall be provided entirely at our discretion.
10.6 Any items which have not been received by you with a value of under $35 sent to you via the Australia Post must be claimed back by you via the Australia Post damaged/lost item compensation scheme which can be found on www.royalmail.com unless you are able to demonstrate that we omitted to send you the item, or that the damage to the Product was caused by us.
11. Business User Restrictions
11.1 If you are not a consumer, you confirm you have authority to bind any business on whose behalf you use our site to purchase products.
11.2 We will only supply Products to business users who are self-employed beauticians or reputable businesses.
11.3 You shall be strictly prohibited from re-selling Products via the internet without first obtaining our prior written consent to this.
11.4 You shall strictly be prohibited from re-selling any of our Products on your website for less than the price at which the Products are sold on our website. In the event that you are found to be in breach of this clause, you will immediately pay to us the damage we have suffered as a result of such breach.
11.5 You acknowledge that you shall also be strictly prohibited from re-selling our Products on; www.groupon.com; www.ebay.com.au; www.ebay.com and any other website belonging to ebay Inc. and any other on-line auction sites. In the event that it becomes apparent that you have breached the terms of this clause, you shall be liable to pay us damages equating to the profits you have gained in breaching the terms of this clause and all our reasonable legal costs in enforcing the same.
12. Our liability – your attention is particularly drawn to this clause
12.1 Subject to clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
12.2 Subject to clause 12.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 12.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 12.2.
12.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. Intellectual property rights
13.1 The following definition shall apply to these terms:-
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
13.2 All Intellectual Property Rights in the Products and contained in all images and materials displayed on our website are our property and you shall be strictly prohibited from displaying or using the same without first obtaining our written consent. You shall however be entitled to use our Intellectual Property Rights to such extent as is necessary to make reasonable use of the Products in accordance with these terms
14. Import duty
14.1 If you order Products from our site for delivery outside Australia, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
15. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Fab Brows Australia at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 15 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. Transfer of rights and obligations
17.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) acts or omissions of any third parties, to include Australia Post or any other carrier;
(f) impossibility of the use of public or private telecommunications networks;
(g) the acts, decrees, legislation, regulations or restrictions of any government; and
(h) pandemic or epidemic.
18.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
19.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
21.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause limits or excludes any liability for fraud.
22. Our right to vary these terms and conditions
22.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
22.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
23. Law and jurisdiction
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Australian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Australia.
24. Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.