Sales Terms & Conditions

Sales Terms and Conditions

These Terms and Conditions (Terms) are between Melbourne Cosmetics (ABN 16792857581), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you.

These Terms form the agreement under which we will supply products and related services to you. Please read these Terms carefully. If you have any questions, please contact us using the contact details below, before you purchase products or related services from us.

You accept these Terms by making a purchase from us. Your purchase from us indicates that you have had sufficient opportunity to access these Terms and contact us, that you have read, accepted and will comply with these Terms, and that you are 18 years or older. You must not order products or services from us if you are under 18 years of age, although your parent or guardian may do so on your behalf. If you do not agree to these Terms, you should not purchase from us.

Our Terms of Use set out the terms and conditions for using the Site. Our Privacy Policy sets out how we collect, use and protect your personal information.

1. Registration

1. We will provide a confirmation of your order and/or account. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details. Registration is not compulsory and you may purchase products online as either a guest or as a member, or in person.
2. Your account will continue to stay open unless it is cancelled by us in accordance with these Terms. We may cancel your account with or without notice for any reason including if you breach (or if we have reason to believe you may breach or you intend to breach) any part of these Terms. Cancellation of your account does not affect any orders placed by you prior to cancellation, unless cancelation results from you breaching the Terms in relation to such orders.

2. Products and Orders

1. You may order from us as set out on this site. We may at our discretion accept or reject an order depending on factors including availability of products and our ability to validate payment for the products.
2. It is your responsibility to check the order details, including product and pricing, before you complete your order on this site.
3. We will provide you with an order confirmation, which will include an order or invoice number, the shipping and/or billing addresses and a description of what was ordered, when you order and pay on this site and your payment has been validated.
4. A binding agreement comes into existence between you and us once we have given you an order or invoice number. No changes to these Terms will be effective unless we both agree to the changes in writing.
5. Once you have placed your order, it cannot be cancelled unless you receive our written confirmation that the order has been cancelled. You may be able to return it once it has arrived. Please see the Returns and Refunds clause.
6. Please choose carefully as we do not provide refunds if you change your mind. We recommend that you carefully review your order prior to proceeding with your order. For all returns please refer to our Returns and Refund clause.
7. In the unlikely event that we are unable to fulfil all or part of your order, we will contact you and provide you with options to amend, cancel or place your order on backorder where possible.

3. Price and Payments

1. All product prices on the Site are in Australian dollars, are inclusive of GST and do not include delivery charges.
2. You agree to pay the purchase price specified on the Site or confirmed by us at the time that you place your order for the purchase of a product, plus any applicable delivery and insurance charges based on the delivery options selected by you.
3. Online orders require payment in full at the time you place an order. Online payments may be made via a third party facility. The use of the third party facility may be subject to separate terms and conditions.
4. Non-online orders may require a non-refundable 50% deposit to be paid at the time the order is placed. The remainder of the purchase price plus any applicable delivery and insurance charges must be paid prior to delivery or collection. Pick up is by appointment, therefore a deposit is required to secure your booking time and protect us from failure to attend.
5. All payments must be made and funds cleared prior to delivery or collection of the goods. If the funds have not cleared prior to the scheduled delivery date, we will postpone delivery until the funds have cleared. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Any delivery and insurance charges will be separately shown.
6. You must pay for the product by one of the methods set out on this site. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
7. We reserve the right to correct any errors published on our Site without notice. The price of the product you purchase will be the price published at the time you place an order.

4. Availability and Cancellation

1. All purchases made with us are subject to availability. We do our best to keep in stock most products that are advertised by us, and to keep this site up to date with availability of products.
2. If there is a considerable delay in dispatching your order, or if for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit or to put your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

5. Delivery

1. Location: We deliver Australia wide to all locations that Australia Post deliver to.
2. Cost: A delivery fee may apply, as set out on this site. For delivery to remote areas, we may be required to obtain a quote separately, and in this instance we will contact you directly.
3. Timing: We will normally dispatch the product within 2 business days from the receipt of your order, unless otherwise noted on this site. Any delivery periods displayed are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify when making your order. Standard delivery times are during business hours, Monday to Friday (excluding public holidays). Depending on your location, delivery will be within 5-10 business days for items in stock.
4. Change: If you need to change a delivery date or the delivery address, please contact us as soon as possible to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery. Australia Post will take items to the nearest Post Office and leave a delivery card.
5. Method: We may deliver the products via post or courier and costs will be calculated based on weight and distance at the checkout. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery your parcel will be taken to a local Post Office or returned to the courier warehouse. If delivering via courier and this occurs, you may be charged a re-delivery fee.
6. Pick up: Orders may be collected during business hours from our studio via appointment only. You will need to let us know at the time that you place the order that you would like to use this option by choosing the Self pickup option in the Shipping section. Follow the instructions to book your pickup time via our website online bookings.
7. Title: Title in the products will not pass to you until the product has been delivered to you and we have received full payment for the product. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

6. Discount Codes and Promotions

We may from time to time offer promotional discount codes, which may be applicable to goods on this site, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued.

• Flat Rate Shipping (capital cities): Our Flat Rate Shipping offer is available for online purchases and is subject to the following terms. This offer applies to all valid orders that are to be delivered to capital cities Australia-wide (ex WA & NT). The Flat Rate Shipping offer applies for the duration of the sale event, or a lesser time as determined by Melbourne Cosmetics. Flat Rate Shipping option is applied during the checkout process. Shipping to locations outside of nominated Australian capital cities may incur extra fees to be confirmed by Melbourne Cosmetics. Your purchase and delivery are subject to our usual Sales Terms & Conditions. Note that we ship Australia-wide and to select international destinations.

7. Gift Cards

Gift Cards may be purchased online or in store. Gift Cards purchased online will be sent by post to the street address specified by the purchaser. The Gift Card will include a unique code which will be required to redeem the Gift Card.

1. Gift Cards can be redeemed online or in store.
2. Gift Cards are not redeemable for cash and cannot be returned for a cash refund or exchanged.
3. Any unused balance will remain as credit on the Gift Card and is not transferable for a cash payment.
4. Gift Cards will strictly become void where the Gift Card code has become illegible.
5. The use of the Gift Cards are subject to these Terms.
6. When redeeming Gift Cards at in store, the Gift Cards MUST be presented physically. We cannot accept responsibility for lost or stolen Gift Cards. Please ensure that you treat your Gift Card like cash as anyone holding the Gift Card can use its value to make purchases.
7. We reserve the right to request alternative forms of payment if a fraudulently obtained Gift Card is redeemed.
8. Our Gift Cards expire 3 years from the date of issue (applies to purchased gift cards only).

8. Intellectual Property

1. Intellectual Property includes but is not limited to:
   i. all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
   ii. all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
   iii. all work product developed in whole or in part by us.
2. We own all Intellectual Property rights in the Site, business, products and branding, as between us and you. The products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.

9. Consumer Law

1. ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via this site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Terms.
2. Goods: If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
3. Manufacturer: The product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.

10. Returns and Refunds

1. Change of mind: Please choose carefully. We do not normally offer refunds for change of mind or wrong selection purchases but will gladly exchange or issue a credit (less the return delivery cost) provided items are returned within 14 days of purchase and in their original condition and packaging.
2. Repair, replacement or a refund: If you wish to seek repair, replacement or a refund for a product, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us
3. Return Procedure: To return your purchase please follow the below procedure:
   i. Contact us by email to info@melbournecosmetics.com.au to request the return of a product purchased from us.
   ii. We will reply either confirming or declining your request, and we will send you instructions regarding the return where relevant.
   iii. Please pack the goods as carefully as possible. It is best to pack them in the original packaging if possible to protect against damage in transit, as we will not accept the return of a product if it is damaged before it is returned to us.
   iv. Once we have received and inspected the product we will credit your account.
   v. Our intention is that the returns process is easy, efficient and cost-effective for you and us.

1. Goods Damaged in Transit: If any goods arrive damaged, please contact us at info@melbournecosmetics.com.au as soon as possible with clear digital photographs showing the damage. We will arrange to have the damaged goods returned to us and either arrange for a replacement of the goods or refund the price to you. Damaged goods must be returned in the condition received by you with all original packaging, accessories and/or manuals.
2. Refunds: If we arrange for a refund we will refund the cost of any product via the method of payment used to make your purchase. Refunds will be processed as soon as the goods have arrived into our warehouse and have been inspected. We reserve the right to refuse a refund in cases where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.
3. Packaging: You must adequately package any product you are returning in its original packaging with all tools and instructions where possible, to ensure that it is not damaged during return delivery to our warehouse.
4. Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, no refund will be made.

11. Limitation of Liability and Disclaimers

1. While the information and material contained on this site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on this site.
2. Product images are for illustrative purposes only and may vary from the product depicted or described. Reproduction of colours is as accurate as possible, however colour, shade or packaging on actual products made and shipped may vary from the images on this site due to the nature of the materials used in the products.
3. To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the products and services, this site and these Terms, except those set out in these Terms, including but not limited to:
   i. implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
   ii. this site or the products being unavailable; and
   iii. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with this site, inability to access or use this site, the products, the services, the late supply of products, or these Terms, even if we were expressly advised of the likelihood of such loss or damage.
4. Limitation: Our total liability arising out of or in connection with the products, the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under these Terms.
5. This clause will survive termination of these Terms.

12. Amendment

These Terms may be amended from time to time without prior notice. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms before purchase. Our agents, employees and third parties do not have authority to change these Terms.

13. Indemnity

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms.

14. General

1. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines
2. Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law
3. Termination: We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Site at our sole discretion, without incurring any liability to you.
4. GST: If and when applicable, GST payable on our services or products will be set out in our invoices. By accepting these Terms you agree to pay us an amount equivalent to the GST imposed on these charges.
5. Relationship of Parties: These Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
6. Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.
7. Notice: Any notice in connection with these Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
8. Waiver: Any failure by a Party to insist upon strict performance by the other of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
9. Assignment: You must not assign any rights and obligations under these Terms, whether in whole or in part, without our prior written consent.
10. Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11. Jurisdiction and Applicable Law: Your use of this site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. This site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
12. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Contact us

For any questions or notice, please contact us at:

Melbourne Cosmetics (ABN 16792857581)
0421027725
info@melbournecosmetics.com.au
PO Box 971 South Melbourne Vic 3205