Website Terms & Conditions
Website Terms & Conditions
Terms and Conditions: cosmeticcapital.com.au (THE ‘WEBSITE’) IS AN ONLINE SERVICE OWNED AND OPERATED BY COSMETIC CAPITAL PTY LTD (ABN 46 615 012 210) OF LEVEL 6, 72 PITT STREET SYDNEY 2000. PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY VISITING THE WEBSITE, YOU AGREE THAT YOUR VISIT TO AND USE OF THE WEBSITE AND YOUR PURCHASE OF GOODS SHALL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
A. CONDITIONS GOVERNING USE OF WEBSITE
1. USER AGREEMENT If you do not agree with any of the following terms and conditions (“Terms and Conditions” or “Agreement”), you must not use the Website. Your use of the Website is governed by the following Terms and Conditions.
2. AMENDMENTS TO TERMS & CONDITIONS BY PHANTOM IMPORTS PTY LTD TRADING AS COSMETIC CAPITAL (“Cosmeticcapital”) may make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by such changes. We are not obliged to notify you personally of any changes and such changes will apply when posted on the website in respect of all orders submitted after such posting. You should check our published agreement and policies from time to time to acquaint yourself with the current version.
3. ACCOUNTS 3.1 In order to have access to products and the ability to purchase products via cosmeticcapital.com.au you must first create a registered account on the Website (‘Account’). Creating an Account will enable you to: (a) receive information and email communications from Cosmeticcapital relating to products; (b) make an order to purchase a product; (c) change your preferences, including with respect to your preferred e-mail address, geographic location, credit card details and passwords; (d) view, otherwise receive and print receipts of products you have purchased; and (e) view past products you have purchased. 3.2 When registering an Account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date. 3.3 Cosmeticcapital reserves the right to refuse registration of an Account (or to close an existing Account) where we have reasonable grounds to believe: (a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner; (b) you have breached these Terms & Conditions of Use; (c) refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; or (d) you have an existing Account. 3.4 You are solely responsible for any activity that occurs on your Account and for keeping your Account login and password secure and Cosmeticcapital will have no liability for any loss or damage of any nature whatsoever arising from any misuse of your login or password by you or another person.
4. UNAUTHORISED USE OF THE WEBSITE 4.1 You agree to use this Website only for purposes that are permitted by: (a) these Terms & Conditions of Use; and (b) any applicable laws or regulations. 4.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website. 4.3 You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from Cosmeticcapital (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of Cosmeticcapital 4.4 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that Cosmeticcapital may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
5. WEBSITE INFORMATION 5.1 Any information that is published on the Website about particular goods and services is based on material supplied to Cosmeticcapital by Merchants and other third parties and Cosmeticcapital cannot warrant and does not represent that information supplied by Merchants or other third parties is accurate or correct. You agree that Cosmeticcapital will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from Merchants and other third parties. 5.2 You agree that you are responsible for: (a) making your own enquiries to verify information that is published on the Website about particular goods and services; and (b) assessing the suitability of goods and services prior to you placing an order for a Product for a Deal relating to those goods or services.
5A. DIRECT IMPORT GOODS are products which are sourced directly from outside Australia and which are available through this web site. Direct Import Goods will be labelled clearly so the buyer understands that these products are coming directly from an overseas source. 5A1 Direct Import Goods are sold to you by the Supplier and the risk of ownership and title in the goods passes to you from the time the item is dispatched from the Supplier's warehouse. 5A2 You agree and acknowledge that you will be recorded as the importer of the goods and that you are the responsible party for any Taxes associated with the importation of Direct Import Goods.5A3 You acknowledge and agree that neither we or the Supplier are liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Direct Import Goods. 5A4 You acknowledge and agree that delivery of your order is subject to satisfactory inspection and clearance of Direct Import Goods by customs authorities in Australia and any other relevant jurisdiction.5A5 You acknowledge and agree that it is your responsibility to obtain any permits for, or make any modifications to, the Direct Import Goods so as to enable them to be lawfully imported into or used within your jurisdiction which includes, where applicable, compliance with Australian standards or laws in relation to the importation of such goods. 5A6 You acknowledge and agree that the Supplier offers all statutory guarantees (and warranties if any) in relation to Direct Import Goods and any after sales support provided by us is done so on behalf of the Supplier and is provided otherwise in accordance with this Agreement.
B. USER AGREEMENT GOVERNING PURCHASES OF COSMETICCAPITAL PRODUCTS OR SERVICES
1 LEGAL CAPACITY By making an on-line purchase you accept these terms and conditions and acknowledge that you: Are over eighteen (18) years of age, and are entering into a legal contract with Cosmeticcapital. Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such loss or damage from the minor’s parents or guardians who caused or permitted the order to be placed.
2. PLACING ORDERS 2.1 Products and services displayed on the Website do not constitute an offer to sell. Such display is an invitation to treat only. Orders placed by you are your offers to purchase particular products or services under these terms and conditions at the price specified (including delivery and other charges). We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product or service, an error in the price or description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received. You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee of 20% of the payment, or $25 (whichever is lower) applies. Please contact us through the Help Centre at firstname.lastname@example.org 2.2 Changing an order after payment cannot be done once it has been processed through the secure payment gateway. You cannot add any items to this order after it is processed and charges cannot be manually added 2.3 If there is something incorrect with your order address you must email email@example.com immediately. Missing orders sent to incorrect addresses at the fault of the Buyer will not be refunded by Cosmeticcapital.
3. PRICE The prices of products and services, delivery and other charges shown are in Australian dollars and include GST where applicable. Prices are current at time of display but are subject to change, although no change will apply to an accepted order.
4. PAYMENT Payment section of the website is for payment options. If your payment is not received or is declined by your bank or credit card issuer, we cannot hold any product against your order.
5. SUPPLY 5.1 Supply of product subject to this agreement, we will supply to you the products or services shown on your order confirmation. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the About Us section of the website for delivery options and details and pricing. We do not allow personal pick up 5.2 Cosmeticcapital endeavours to deliver the exact order as confirmed on the customer receipt. However, Cosmeticcapital acknowledges that at times products are missed and therefore not packed into orders; that incorrect product's are sometimes mistakenly packed by warehouse staff; that order's may be lost in transit by a third party freight company; that order's may go missing upon delivery for reasons unknown. Should any of the aforementioned scenarios happen, Cosmeticcapital will ONLY refund or credit the missing products, or order, to their exact amount. Cosmeticcapital WILL NOT re-send the missing items/order.
6. AUTHORITY TO LEAVE Cosmeticcapital offers customers the option to elect to have their package left at a desired location by a freight company, without a signature being required. Cosmeticcapital does not recommend this option, however notes that it is often more convenient for customers to have this available choice. If a customer provides authority to leave their order without a signature, the customer acknowledges and accepts that Cosmeticcapital is no longer liable for any damage, theft, or unforeseen issues that occur to the package. Cosmeticcapital will not provide any form of refund for an order that is not received after Authority To Leave is provided.
7. DELIVERIES AND FREIGHT CHARGES 7.1 Cosmeticcapital applies a FLAT RATE shipping cost per region. This means that a customer will only ever pay ONE shipping fee for any size order. The current rate is $6.50 applied to all regions and areas across Australia. Cosmeticcapital reserves the right to alter freight charges at any time. Please continue to read our Term & Conditions for updated freight cost information 7.2 Public holidays - We deliver every day the courier service is operating. As couriers do not work on public holidays, please be prepared for delays, particularly around Christmas, New Year and Easter 7.3 Cosmeticcapital reserves the right to use multiple freight carriers to send out orders. Cosmeticcapital will choose with absolute discretion which freight courier to employ for orders 7.4 Delivery can take between 3 – 14 Business days. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the About Us section of the Website for further information on delivery options and details.
7A. INTERNATIONAL DELIVERIES please email our customer service team for all International enquiries.
8. RETURNS Your satisfaction is our number one priority. If you change your mind after your purchase, we allow a 14-day Return policy, to be provided in the form of a store credit to the value of your order 8.1 Cosmeticcapital must be notified of a Return and have authorised the Return, for a Return to be deemed valid 8.2 Return Shipping is at the expense of the customer 8.3 All Return items must be in their original packaging, un-opened, without damage, and therefore in a condition to be re-sold. Any Return that deviates from this definition will not warrant a store credit.
9. STATUTORY CONDITIONS AND WARRANTY/ REFUNDS The Competition and Consumer Act 2010 (Cth) may apply to your purchase, in which case, certain statutory conditions, guarantees and/or warranties which cannot be excluded, restricted or modified will be implied. These are in addition to any voluntary warranties offered by the manufacturer. You may obtain details of these guarantees and/or warranties and your rights by visiting the website of the Australian Competition and Consumer Commission at www.acc.gov.au For claims that cannot by law be excluded or restricted, the liability of Cosmeticcapital will (at Cosmeticcapital’s option and to the extent permitted by law) be limited to: (a) in the case of goods: (i) repairing or replacing those goods; or (ii)paying the cost of having those goods repaired or replaced; and (b) in the case of services: (i)resupplying those or equivalent services; or (ii)paying the cost of having those services resupplied. PLEASE NOTE: Products damaged in transit must be reported to us within 24 hours of receipt so that we may make a claim under our transit insurance and advise whether we will either replace or refund the damaged products.
10. DISCOUNTS AND PROMOTIONS Cosmetic Capital offer discount coupons and vouchers at various times. These discounts are limited to one (1) use per customer. Cosmetic Capital only allows for one (1) discount to be redeemed at any one time. Please note that a customer cannot redeem multiple discounts 10.1 Cosmetic Capital offers a discount code for subscribing to our email database. This discount can be redeemed once per customer. Attempting to use the code for multiple orders, or under multiple aliases, will render the code void. 10.2 Cosmetic Capital Free Shipping Coupons are only eligible for redemption by Australian customers. International customers cannot redeem shipping coupons.
11. RETURN TO SENDER If your order has been sent out and remains unclaimed for two (2) weeks, our courier service return these articles to Cosmetic Capital at a cost to Cosmetic Capital. In such instances, Cosmetic Capital will not re-send any article, unless the Customer agrees to pay another shipping fee for its return 11.1 In the event that an article is returned to Cosmetic Capital due to a customer making an error on their address label, Cosmetic Capital will not re-send the article unless the customer agrees to pay another shipping fee for its return. 11.2 Cosmetic Capital will offer in these instances a refund for the value of the products only, and not the freight. If there was a freight discount used to originally purchase the order, a fee of $6.50 will be deducted before any refund is given.
12. GIFT VOUCHERS Cosmetic Capital offers electronic gift vouchers for purchase. These vouchers are paid for by a Customer, and sent to another person (Redeemer) to use. Once this person has redeemed their voucher, they will be considered as the New Customer (Redeemer), and any issues with their order will be dealt with between Cosmetic Capital and the Redeemer. The original purchaser will no longer be a party to the transaction. 12.1 Electronic vouchers are not redeemable for cash. If the gift is unwanted, the original purchaser must contact Cosmetic Capital to discuss cancelling the voucher for a refund 12.2 All electronic vouchers are valid for twelve (12) months from the date of purchase.
13. PARALLEL IMPORTS Although the majority of our products are bought from local companies, we also do import some items from overseas. While these products are 100% genuine they are not sold to us via the local distributor or agent of those brands. As these items originate from outside of Australia, their packaging, ingredients and size may vary from the same or similar product available in Australia. We will always note in the product description when a product is a parallel import, and will supply the requisite english instructions in those instances.
14. ADVERSE REACTION TO A PRODUCT Cosmetic Capital sells cosmetic, skincare, haircare and other beauty items. Cosmetic Capital does not endorse the claims made by these products, and suggests that all warnings and instructions are adhered to by the user. Some chemicals can cause adverse reactions in individuals, including skin irritations, hair colour changes, and allergies. Cosmetic Capital can not be held responsible for any adverse or undesired results from use of these products. If you do suffer from an untoward outcome after using a product, please contact our help team as well as the brand owner.
C. GENERAL TERMS
1. LIMITATION OF LIABILITY Nothing in these Terms & Conditions is intended to exclude or modify any warranties or consumer guarantees that cannot be lawfully excluded or modified, or restrict the application of any laws that cannot be lawfully restricted. However to the fullest permissible extent, Cosmeticcapital excludes all implied warranties and guarantees, including without limitation, warranties or guarantees that the goods you purchase shall be of merchantable or acceptable quality, or that they will comply with their description or that they shall be fit for purpose. Cosmeticcapital, its Related Bodies Corporate (as that term is defined in the Corporations Act 2001) (“Affiliates”), and their respective employees, officers, agents and contractors are not liable to you or anyone else (including, without limitation in negligence or tort, or for breach of contract or of any statute or regulation) for any direct or indirect loss or damage you may incur or suffer (including, without limitation, any form of consequential loss such as, for example, any loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost), however such loss or damage may be caused or arise from your use of the Website or your purchase of any goods through the Website, including without limitation, any loss or damage arising from: (a)any disruptions to this Website; or (b)any interference with or damage to your computer systems.
2. INDEMNITY As is precluded by law, you agree that you will at all times indemnify, and keep indemnified, Cosmeticcapital and its Affiliates and their respective employees, officers, agents and contractors from and against any loss (including legal costs and expenses on a full indemnity basis) and/or liability incurred or suffered by you or by Cosmeticcapital or any third party, arising from any claim, demand, suit, action or proceeding by any person against you or Cosmeticcapital, or by you against Cosmeticcapital, where such loss or liability arose out of, in connection with or in respect of your use of the Website or purchase of any goods through the Website, including without limitation, any loss or damage arising from: (a) any disruptions to this Website; or (b)any interference with or damage to your computer systems.
3. INTELLECTUAL PROPERTY Cosmeticcapital reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this agreement gives you a right to use any of our or any third party’s marketing material, business names, trademarks, logos, domain names or other distinctive brand features. You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. As cannot be precluded by law, you may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content, or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services.
4. WAIVER AND ESTOPPEL If Cosmeticcapital does not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision or an estoppel of our exercise of our rights in or arising from this agreement. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
6. OUR RELATIONSHIP Nothing in these Terms & Conditions creates a partnership, employment relationship or agency relationship between you and Cosmeticcapital.
7. DELAYS Cosmeticcapital will not be liable for any delay in fulfilling its obligations under these Terms & Conditions, including any delay in dealing with your order and/or delivering your ordered goods, if such delay is due to any cause, event or circumstance outside of Cosmeticcapitals’ control.
8. UNENFORCEABLE TERMS You agree that if any provision of these Terms & Conditions is held in any jurisdiction to be illegal, void or unenforceable, you will join with Cosmeticcapital to apply that the provision be, if possible, amended or read down so that it is enforceable and, if this is not possible, then the provision is to be severed and the remainder of these Terms & Conditions are to remain in full force and effect.
9. LAW AND JURISDICTION These Terms & Conditions and performance thereof are governed by the laws applicable in New South Wales Australia, the courts of which shall have exclusive jurisdiction to determine any issue or matter arising from these Terms and Conditions and the performance thereof
10. SHIPPING: By agreeing to Cosmeticcapital Terms & Conditions you have agreed that you have read and understood the shipping costs and time frames, which are listed in the ‘About Us’ tab on www.Cosmeticcapital.com.au