This website (www.abeauty.co) is operated by ABeauty Pty Ltd (ABN 12 641 685 092) (ABeauty) and throughout the site, the terms “we”, “us” and “our” refer to ABeauty.
We offer this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here, including any policies available by hyperlink from this page. Collectively, these are our terms and conditions (Terms). Please read our Terms carefully.
By visiting our site, accessing or using any part of the site, purchasing something from us and/or placing an order for products using our site, you are agreeing to the Terms and will you be taken to have irrevocably accepted the Terms. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to the Terms, then you must not access or use any part of the website, purchase anything from us or place an order for any products using our site.
Any new features or tools which are added to the current store will also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Notifications of changes to our Terms may also be published via our social media channels. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website, including by placing an order for any product, following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc (Shopify). Shopify provides us with the online e-commerce platform that allows us to offer products for sale to you. You are contracting with Shopify.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent and warrant to us that you are at least 18 years of age, or that you are 18 years of age and you have given us your consent to allow any of your minor dependents to use this site.
You acknowledge and agree that each time you place an order via our store, a separate and independent contract is formed between you and us and that contract incorporates these Terms.
You must provide us with current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you if required.
SECTION 2 - CUSTOMER ACCOUNT
You may, but are not required to, create an account on this website (Customer Account). Creating a Customer Account will ensure that future transactions in our online store can be completed more quickly. A Customer Account must be created in the manner specified on this website by providing the information specified on this website. It is also permissible to purchase products via our online store as a ‘guest’ without creating a Customer Account.
A breach or violation of any of the Terms may result in an immediate termination of your customer account (if any) and the cancellation of any orders placed by you.
The creation of a Customer Account does not entitle to you purchase any products from us on credit or on extended payment terms.
You are responsible for all activity that occurs on your Customer Account (including all fees, charges and costs incurred using the Customer Account). You must keep all details relating to your Customer Account (including your password) secure. We are not responsible for any unauthorised activity on your Customer Account.
SECTION 3 - ORDERS, SHIPPING AND RETURNS
When you place an order for any product in our store, that order constitutes an offer by you to purchase the relevant products. We are deemed to have accepted your order when we notify you that it has been accepted or when we dispatch or arrange for the dispatch of the relevant product or products to you (whichever occurs first). You will receive confirmation from us when your order has been dispatched. Unless and until we accept your order, we reserve the right to refuse your order.
Where permitted to do so by law, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit, refuse or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Please see our Shipping Policy for information about how we dispatch and ship orders and what fees and charges apply. For all accepted orders, you will be responsible for the payment of all duties, taxes, import charges and other liabilities of a similar nature that apply to the relevant shipment of the product which you ordered.
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Returns Policy.
For more detail about returns, please review our Returns Policy.
SECTION 4 - PRICE AND PAYMENT
The price is the total cost for all products that appear in your shopping cart at the time of checkout excluding any shipping or logistics charges that apply to your order (Price).
The Price displayed at the time of checkout is conclusive and supersedes any prior indications or suggestions of price on other pages of this website. Although we take all reasonable care to ensure that the information on this website is accurate, you irrevocably waive all rights to make any claim against us for any error or omission regarding pricing information on this website.
Unless specified otherwise at the time of checkout, the Price is inclusive of any goods and services tax as required by Australian law.
The Price is displayed in Australian dollars (AUD, A$ or dollars). If the Shopify platform in which our store is hosted permits you to display the Price in any other currency, that currency conversion is not carried out by us (nor warranted as correct by us).
We may change the published price for any product at any time without notice. for products are subject to change.
We have no obligation to ship any products to you until you have paid the Price applicable to your order, plus any applicable shipping or logistics charges, in full.
SECTION 5 - PROMOTIONS AND GIFT CARDS
If, from time to time, we offer promotions or issue and redeem gift cards, we will publish the applicable terms of those promotions or gift cards on this page (and those terms will form part of these Terms).
SECTION 6 - GENERAL CONDITIONS
We reserve the right to refuse to accept an order from anyone for any reason at any time.
You acknowledge that your content and data (not including payment card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks. You release us from all liability in connection with the transfer of such content and data whether by us or over any third party network.
You acknowledge that we do not process payments directly. Payment processing is provided by our third party e-commerce platform.
If any provision contained in these Terms is void or unenforceable for any reason, the relevant provision will be ‘read down’ until the provision is enforceable. If the relevant provision is incapable of remedy by ‘reading down’, it will be severed from these Terms without otherwise affecting the enforceability of the remaining provisions of these Terms.
We reserve the right at any time to vary these Terms and to add new or additional terms or conditions. Any such variations will be effective immediately on written notice being given to you and incorporated into these Terms.
These Terms contain the entire agreement between you and us about the subject matter of these Terms and any transaction governed by these Terms. Any previous understandings, agreements, representations or warranties relating to the subject matter of these Terms or any transaction governed by these Terms is expressly replaced by these Terms and has no further effect.
SECTION 7 - INTELLECTUAL PROPERTY
In these Terms, the words “Intellectual Property” mean all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, service marks, designs, patents, circuit layouts, plant varieties, business and domain names, database rights, confidential information, know how, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields existing anywhere in the world, whether or not registered or capable of registration, and any goodwill associated with such activity and any applications, renewals and extensions of such rights.
All Intellectual Property in this website is our property and/or the property of our related companies or our licensors. Nothing in these Terms transfers or grants to you any proprietary rights, or any licence, in our Intellectual Property or any Intellectual Property used by us under licensed to us by the applicable licensor(s).
You must not copy, reproduce, recreate or reuse this website, or any part of it, without our express written consent.
SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Information about products on this website is based on material, information and data provided to us by the suppliers and manufacturers of those products. Except as required by law (including the Australian Consumer Law), we accept no responsibility for inaccuracies or errors caused by incorrect information supplied to us or by our suppliers and manufacturers.
Due to photographic and digital device display limitations, the visual representation of products on this website may differ from the actual visual appearance of those products. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the products which are being offered for sale on this website.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
If any content on this site amounts is, or may be, advice you acknowledge and agree that such advice is general in nature, not tailored to your circumstances and does not constitute professional medial or health advice.
All statements made about products that are offered for sale in our store have not been evaluated by the Therapeutic Goods Administration or any other regulator unless explicitly stated. All claims made about the function or efficacy of the products that are offered for sale in our store are made by the manufacturer of the products, not by us.
You must not use this site as a substitute for professional medical or health advice. The site is solely an online store for beauty and cosmeceutical products. If you have any concerns about your health or any specific symptoms or conditions, please consult with your health care professional. We do not sell any products for which a medical prescription is required.
SECTION 9 - THIRD PARTY LINKS
Certain content, products and services available via our site may include materials from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
SECTION 10 - USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send or transmit certain specific submissions (for example contest entries or product reviews) or without a request from us you send or transmit creative ideas, suggestions, proposals, plans, reviews, tutorials or other materials (collectively, User Content), whether online, by email, by postal mail, by interacting with us on any of our social media accounts or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content that you provide to us. We are under no obligation to: (a) maintain any User Content in confidence; (b) pay compensation for any User Content; or (c) respond to any User Content.
You acknowledge that all User Content is being made available to the public and will be accessible by others.
By contributing or sending any User Content, you represent and warrant to us that you are the original author and owner of the User Content (except where you use clear an unambiguous methods to accurately attribute the content to the original author) and that you have all necessary rights, powers and authorisations necessary to send the User Content to us. You waive your moral rights in all User Content.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You accept that we may remove or delete any User Content in our discretion, including by deleting any comments posted to our social media accounts.
You agree that your User Content will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Content will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you make and their accuracy. We take no responsibility and assume no liability for any User Content posted, contributed or inputted by you or any third party.
SECTION 11 - PRIVACY
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site, should be taken to indicate that all information on the site has been modified or updated.
SECTION 13 - DISCLAIMER OF WARRANTIES; CONSUMER GUARANTEES AND LIMITATION OF LIABILITY
You warrant to us that you have not relied on any statement or representation made by us that has not been stated expressly in these Terms.
To the fullest extent permitted by law, all conditions, representations and warranties which would otherwise be implied in these Terms by statute, general law, custom or otherwise are expressly excluded.
Use of this website is at your sole risk. This website is provided ‘as is’ and ‘as available’ with all faults that do, or may, exist.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in these terms exclude any of your statutory rights. Our liability for a failure to comply with a Consumer Guarantee applying to any product which we supply to you is limited to the replacement of that or the supply of an equivalent product (or the payment of the cost to you of the replacement or re-supply), or the repair of the product (or the payment of the cost to the you of the repair).
To the fullest extent permitted by law, we are not liable to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any (a) loss of profit, loss of revenue or anticipated savings, business interruption, loss of chance or business opportunity, loss of or damage to goodwill or reputation, loss of data or claims by a third party for liquidated sums; (b) indirect or consequential loss (even if you have advised us of the possibility of such losses occurring), incurred by you in connection with or as a result of entering into these Terms or using our website.
Without limiting the above provisions, our liability to you for all claims in connection with or arising out of these Terms, whether in contract, tort (including negligence and breach of statutory duty) or otherwise is limited to an amount equivalent to the Price you have paid to us for any products purchased as at the date the relevant liability arose.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ABeauty and each of its directors, officers, employees and contractors (the indemnified parties) from any claim, liability or demand, including legal costs on a full indemnity basis, made by any third party against the indemnified parties due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
SECTION 15 - TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time by notice to you and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our site and store.
The obligations and liabilities of each party to these Terms incurred prior to the termination date shall survive the termination for all purposes.
SECTION 16 - GOVERNING LAW
ABeauty (www.abeauty.co) is created and controlled in Queensland, Australia. All purchases of products from this site via our online store are subject to the laws of Australia, and where applicable the state of Queensland. By accepting these Terms, you are submitting to the jurisdiction of the courts of Queensland, Australia and agree that any legal action or dispute arising in connection with these Terms will only be commenced in Queensland.
Questions about these Terms should be sent to us at email@example.com