Terms and conditions
Lux Brows and Lashes ABN 34 684 980 636 (Lux Brows and Lashes) is the owner and operator of the website at www.luxnrowsandlashes.com.au (Website).
Your access to and use of the Website, including your order of products through the Website, is governed by these Terms and Conditions.
Please read them carefully.
These Terms govern the use of this Website.
Lux Brows and Lashes may vary the Terms at any time, without notice, by displaying the amended Terms on this Website. You should review the Terms each time you use the Website.
By accessing and using the Website, you acknowledge that you have read and understood the Terms as they exist at that time, and you confirm your acceptance of the Terms.
Our Website is provided on an ‘as is’ and ‘as available’ basis.
2. Security of information
When purchasing through the Website, our payment processing authority uses [128 bit SSL encryption].
Nonetheless no data transmitted over the Internet is secure. Lux Brows and Lashes does not warrant, and cannot ensure, the security of the data transmitted using the Website. You transmit data using the Website entirely at your own risk.
3. Intellectual property
Lux Brows and Lashes owns or is licensed all intellectual property rights in the Website (including in all underlying source code) and in the content of the Website (including all text, trade marks, logos, images, graphics). Users do not obtain any licence or other interest in that intellectual property, except with prior written consent. Nothing in these Terms or on the Website should be construed as providing such consent.
Reference to third party trade marks on the Website (if any) are made to describe the products and is not trade mark use. Such brands are not affiliated with and have not endorsed, Lux Brows and Lashes.
You may download and view content or print a copy of material on this Website for your personal, non-commercial use, provided that you do not modify the content in any way.
You must not otherwise copy, adapt, reproduce, publish or distribute content found on this Website in any form without prior written permission from Lux Brows and Lashes (unless otherwise permitted under the Copyright Act 1968 (Cth) or any other applicable law in your location). You must not frame any of the content of the Website or incorporate it into another Website.
4. Third party content and links
This Website may include links to third party websites. Such links do not indicate a relationship between those third parties and Lux Brows and Lashes, nor endorsement by Lux Brows and Lashes of such third parties, their products, services or websites. Use of such links is entirely at your own risk and use of third party websites are subject to the terms of those websites.
5. Your indemnity
You indemnify Lux Brows and Lashes and its related entities and each of their directors, officers, employees and agents (the indemnified) against any actions, claims, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and disbursements and costs in investigation, litigation, settlement, judgment, interest, fines and penalties) which any of the indemnified incur directly or indirectly arising from your use of the Website or any breach of these Terms by you.
You must not use the Website for any unlawful purpose.
You warrant that all communications and information provided by you using this Website are not fraudulent or defamatory, and will not otherwise infringe any law or any third party rights. You further warrant that Lux Brows and Lashes’ use of that information in accordance with these Terms will not infringe the rights of any third party.
You must not attempt to or actually interfere with the working of the Website, gain unauthorised access to any part of the Website, or otherwise breach or circumvent any security or authentication measures of the Website or any other system, network or server connected to the Website.
Lux Brows and Lashes may terminate your access to the Website at any time without notice.
If any part of these Terms is held to be unenforceable, the remainder of these Terms will continue in full force.
These Terms are governed by the laws in force in Victoria, Australia. You agree to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
If you have any questions or comments regarding the Website, these Terms or our products please contact us at firstname.lastname@example.org
ORDERS AND DELIVERY – WWW.LUXBROWSANDLASHES.COM.AU
Lux Brows and Lashes may modify these from time to time, without notice, by placing an updated copy on this Website.
1. Ability to order
To place an order you must be at least 18 years of age and be capable of entering into a legally binding contract.
2. Placing and order
Any order placed through our Website for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.
3. Product descriptions
Lux Brows and Lashes attempts to be as accurate as possible. However, to the extent permitted by law, Lux Brows and Lashes does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
All prices quoted are in Australian Dollars (AUD) and inclusive of GST. Additional charges may apply for delivery as notified to you as part of the order process.
Lux Brows and Lashes may change product prices and delivery charges from time to time. Changes will not apply to orders that have already been accepted by Lux Brows and Lashes.
When you place your order you agree that the order content (including product type, quantity, price, postage and delivery costs and timing) is correct. You cannot vary or cancel placed orders.
Payment is accepted online by credit card using VISA, Mastercard, PayPal, [or in-store]. If your payment is declined or is not received within two business days your order will be cancelled.
Payment by cash may be accepted in limited circumstances within metropolitan Melbourne. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
7. Order acceptance
Lux Brows and Lashes reserves the right to refuse part or all of any order placed by you.
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information. In these circumstances we reserve the right to cancel your order and refund any amounts that you have paid.
8. Delivery charges and timing
We only deliver to addresses in Australia. Delivery is $15 within Australia.
You acknowledge and agree that any person at the delivery address who receives the products is authorised by you to receive your order.
9. Title and risk
Title passes to you when full payment is made for the goods. Risk passes to you on collection of the goods by you in-store, or on delivery to your nominated delivery address.
10. Refunds, returns and exchanges
We will provide an exchange if your ordered product is damaged or faulty at the time of delivery. If the product is no longer available we will provide a refund.
If you would like to access our Returns Policy, please click here [hyperlink to refund policy, ‘click here’ to be inserted]
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
11. Lux Brows and Lashes liability and indemnity
To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these Terms and otherwise in respect of goods or services from your use of the Website.
If a supply under these terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability which cannot be excluded. However, to the extent that the ACL permits Lux Brows and Lashes to limit its liability, Lux Brows and Lashes liability will be limited to:
· in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
· in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
To the fullest extent possible and subject to Lux Brows and Lashes liabilities and obligations under the ACL:
· Lux Brows and Lashes does not warrant the accuracy or completeness of the Website content, and the Website content is provided on an ‘as is’ basis and on the condition that you are responsible for assessing the accuracy and completeness of that content and your rely on any such content at your own risk;
· Lux Brows and Lashes will have no liability in relation to any loss or damage that you incur arising from your use of the Website or linked third party websites (including damage to your software or hardware, corruption of data, loss of data, any error, suspension or discontinuance of the Website or transmissions by any user in contravention of these Terms); and
· Lux Brows and Lashes does not warrant that your access to the Website or any part of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses, bugs or malicious code or other forms of interference which may damage your system.
12. Lux Brows and Lashes Gift Vouchers
Gift vouchers are also available for purchase in AUD $20, $50, $100 denominations, through the Website. A gift card with an alternative value may be purchased by contacting Lux Brows and Lashes at email@example.com
SHIPPING & DELIVERY
Lux Brows and Lashes offer both standard and express delivery within Australia, using Australia Post.
All prices displayed on our website are in Australian Dollars ($AUD) and you will be charged in Australian Dollars at the checkout.
The delivery times mentioned below are estimates only, as they are based on when the stock is dispatched. During busy sale and promotional periods dispatch and delivery times may be delayed.
If you have special instructions relating to your delivery, please leave these in the ‘Order Notes’ section on the checkout page before finalising your order.
On delivery, a signature is required, so we recommend providing a delivery address where someone will be available to receive and sign for your order. If no one is available to sign, Australia Post will leave a card advising you to collect your order from your local post office.
Your order will be delivered on business days only and the number of business days estimated below begins the day after your order is dispatched. Please note, we do not offer deliveries on weekends or public holidays.
Australian Standard Delivery $10.00 3-5 business days
Australian Express Delivery $15.00 1-2 business days
Australian Standard Delivery for Gift Vouchers Only $3.00 3-5 business days
Australian Express Delivery for Gift Vouchers Only $8.00 1-2 business days
*Delivery times are based on orders placed between Monday – Friday *Orders placed after 4pm will be dispatched the following business day *Delivery might be delayed during sale or promotional periods
LUX BROWS AND LASHES – RETURNS POLICY
We hope that you will be delighted with your Lux Brows and Lashes purchase!
At Lux Brows and Lashes, we aim to provide you with quality products and service at all times.
Due to hygiene reasons, we cannot accept returns and exchanges except in accordance with Australian Consumer Law, so please choose carefully.
If your purchase is faulty, wrongly described, incorrect or otherwise in breach of Australian Consumer Law, we will fulfil our legal obligations, which may include refunding the purchase price and delivery charges, or providing a replacement product, provided that you have followed our returns process set out below.
Where an item is damaged through misuse, we cannot provide a refund or exchange.
As set out above, due to hygiene reasons, we will not accept returns or exchanges on our products for change of mind reasons, even if the item is unused.
We know returning an item can be disappointing, so we have made the process as easy as possible if, for whatever reason, your purchase is found to be defective or faulty.
If you believe your product is damaged, defective or faulty, please follow the below process.
1. Contact us within 7 days of the delivery at firstname.lastname@example.org with your invoice or order number and a detailed description of the defect or fault (whatever the case may be).
2. In order to assist us in facilitating the returns process, attach a clear image of the damage, defect or fault for us to assess if relevant or requested. Upon our initial assessment, we may ask you to provide us with further information as we may reasonably require in order to progress your claim.
3. Please don’t dispose of the product until we have had a chance to contact you. Our team will happily assist you further and treat your request with the highest of priority.
[In the rare instance you’ve had an allergic reaction to a product, please take a photo of the reaction and discontinue use of the product immediately. Allergy returns must be less than 20% used upon arrival back with us.]
If the product is confirmed to have a defect or fault, we will provide you with a replacement, refund or online store credit on the faulty item (at your election) in accordance with our legal obligations.
We may require that you return the defective or faulty item to Lux Brows and Lashes, and we will contact you to provide further information regarding this process.
In some circumstances, we may instruct you to dispose of the defective or faulty item in which case we will provide you with instructions to do so.
Please note that we may not be able to offer a replacement or exchange on some products if there is no longer stock available, and in the event an exchange does not meet the above conditions (for example, following our review of your request we deem that product purchased has not failed to meet a consumer guarantee under Australian Consumer Law), Lux Brows and Lashes reserve the right to reject your claim.
RETURNING A PRODUCT TO LUX BROWS AND LASHES
We do not take responsibility for any goods damaged or lost in transit when you send the product back to us for warranty or return in accordance with the terms and conditions of our Returns Policy set out above.
In the event the product is confirmed to have a defect or fault, please ensure the product is packed appropriately for shipping before sending it back to us.
If you are unsure about how to pack a product appropriately for shipping, please contact us for direction.
[Please note that customers shopping from outside of Australia are required to pay for their return shipping costs.]
REJECTION OF A RETURN, REFUND, WARRANTY OR CONSUMER CLAIM
In the event a request for refund or exchange does not meet the above conditions or this Returns Policy is not strictly complied with, we will be unable to return the product to you or provide you with a refund or exchange relating to the returned product, and we reserve our right to reject the request for replacement, refund or online store credit.
This Returns Policy applies to all purchases made on our Lux Brows and Lashes Website.
This Returns Policy is incorporated by reference into our Website Terms and Conditions, and you agree to comply with all Terms and Conditions of our Website when accessing or using our services, including this Returns Policy.
COMSUMER GUARANTEES AND PRIVACY
This Returns Policy is not intended to replace or exclude any rights available to you under the Australian Consumer Law, 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 which cannot be excluded, restricted or modified.
You may be asked for information that is relevant to your return or to satisfy legislative requirement. If you do not provide this information, then we may be unable to process your return.
This Returns Policy may be amended from time to time by Lux Brows and Lashes without prior notice.
Any purchase from Lux Brows and Lashes following any such amendments will be deemed to be confirmation that you accept those amendments.
We recommend that you check our current Terms and Conditions before making any purchase. Our agents, employees and third parties do not have authority to amend this Returns Policy or our
Website Terms and Conditions.
If you have any enquiries regarding our Returns Policy, please contact us.