The attached Terms and Conditions place some restrictions on Your purchase of the Products. In particular the Products are to be bought for your own personal use and will only be delivered to an address in Australia.
Set out below are the terms and conditions on which We will supply products on the following websites:
http://atouchofbeauty.net/ (the “Sites”)
to you the Consumer (“You”). A Touch of Beauty is a trading style of A Touch of Beauty Pty Limited, with whom You are contracting. A Touch of Beauty Pty Limited is registered in Australia and has its registered office at 111 Chandos Street, Crows Nest, NSW 2065 (ABN 46 067 065 105). We are a wholly owned subsidiary of A Touch of Beauty Inc. whose principal place of business is 1535 Beachey Place, Carson, California 90746 USA. Please read these terms and conditions carefully before purchasing any Products on any of the websites (the “Sites”).
By clicking the button “SUBMIT MY ORDER” you agree to be bound by these terms and conditions and your completed on line Order Form. You should print a copy for future reference.
1. Your Status
By purchasing Products through Our site, You agree that:
1.1 You are legally capable of entering into binding contracts;
1.2 You are at least 18 years old;
1.3 The products are for your personal use
1.4 You live in Australia; and;
1.5 The Products will only be delivered to an address in Australia.
2. Product information
The Sites contain product information which you should consider before placing an order. In addition product information is available by phoning 1800 659 118 or by visiting a salon supplying A Touch of Beauty products. Details of a salon near you may be found by clicking the Store Locator found on the Sites.
3. Ingredient Listings
Individual product ingredient listings are shown on the A Touch of Beauty and Clean Start websites (www.A Touch of Beauty.com.au and [url=http://www.cleanstart.A]http://www.cleanstart.A[/url] Touch of Beauty.com.au). Please review these individual product ingredient listings before You place an order.
4. Formation of Contract
4.1 Your order must contain the information specified on the Order Form including details of the Products, quantity, address in Australia for delivery, your email address and Australian credit card details including the billing address in Australia.
4.2 A Touch of Beauty reserves the right at our sole discretion to impose quantity limits on any Products You may order.
4.3 After placing an order, You will receive an e-mail from Us which will include an invoice for the goods You have ordered. Please note that this does not mean that an order has been accepted. An order from You constitutes an offer to Us to buy Products. All orders are subject to acceptance by Us. The contract (“Contact”) will only be formed when We despatch the goods to you.
4.4 The Contract will relate only to those Products which We have dispatched. We will not be obliged to supply any other Products which may have been part of Your order.
4.5 By initially acknowledging your order, A Touch of Beauty is under no obligation to supply the Products ordered. No additions or changes may be made to an order once placed.
4.6 While We take reasonable steps to keep our list of Products available through the Web sites current, we give no undertaking as to the availability of Products advertised on these websites.
5. Price and Payment
5.1 The price of any Products will be as quoted on the Sites from time to time, except in cases of obvious error. These prices include Goods and Services Tax. Delivery costs [as shown at the time you place the order] will be added to the total amount due and included in the total amount due. Prices are liable to change at any time, but changes will not affect any orders We have accepted. We will however, endeavour to provide reasonable notice of any price increases.
5.2 Payment for all Products must be by an Australian credit card. We accept payment by PayPal, AMEX, MasterCard, & VISA. A Touch of Beauty will charge the Customer’s card prior to dispatching goods.
5.3 Prices on the web site are expressed in Australian dollars
6.1 We will endeavour to dispatch Products within three business days of the order being placed by you on the Site(s). Any delivery dates suggested are estimates only, and We are not liable for any losses caused by late delivery or non-delivery.
6.2 You will be notified by email when Your order has been despatched. Details of the products We have sent You will be listed in the email. We will automatically refund You to the same credit card or Paypal Account You used when placing the Order for any Products we are unable to supply.
6.3 Orders will be delivered to the address in Australia provided to Us when You place Your order on the Website.
6.4 Products will be dispatched to the address provided to Us by You via the Site. Invoices will be emailed to the e-mail address provided to Us by You via the site.
6.5 Ownership and Risk in the Product will pass to you when the Products are delivered to the shipping address provided by You on your order form.
7. Cancellation by Us Due to Error
You acknowledge that despite our reasonable precautions, Products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that Your order may have been acknowledged and your credit or debit card charged. We reserve this right up to the time of dispatch of the Products to You. If a cancellation of this nature occurs after your credit or debit card has been charged, we will issue a credit to your credit or debit card account for the amount in question.
8. Refunds and Returns
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at [url=http://www.consumerlaw.gov.au]http://www.consumerlaw.gov.au[/url].
8.1 We offer a 100% money back guarantee including delivery charges on products returned for any reason. We recommend that You always use a recorded postage service to return the products as We will not refund the price paid or delivery costs until We receive the returned goods.
8.2 We will refund the money using the same payment method of the original payment.
8.3 Gift Cards Refunds & Returns
Gift cards can be redeemed only at A Touch Of Beauty.
Gift cards are not redeemable for cash.
Gift cards will expire 12 months from the date of issue, unless expressly stated otherwise.
Gift cards must be surrendered in the store upon redemption.
Refunds do not apply to Gift cards.
If purchase exceeds the gift card amount, the balance must be paid by other available payment options.
Expired gift cards are not redeemable and gift card amounts will not be refunded or credited when expired.
Defaced, mutilated, altered, lost or stolen vouchers will not be replaced, refunded or redeemed.
A Touch Of Beauty does not accept any responsibility for lost or stolen gift cards.
All notices given by You to Us must be given to A Touch of Beauty at
A Touch of Beauty, 111 Chandos Street, CROWS NEST, NSW 2065
Or by email to info@A Touch of Beauty.com.au
We may give notice to you at either the e-mail or postal address You provide to Us when you registered to become a registered user with Us, or updated details as held within the Website on ‘My Details’.
10. Events outside our control
10.1 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 (a “Force Majeure Event”).
10.2 You must take your own precautions to ensure that the process which you employ for accessing these websites does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system or data.
11. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.2 For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of these websites or any linked web site.
12.3 Responsibility for the content of advertisements appearing on these websites (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
12.4 You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on these websites. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
13. Restricted Use
Unless we agree otherwise in writing, you are provided with access to these websites only for your personal use. You are authorised to print a copy of any information contained on these websites for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from these websites.
14. Linked Websites
14.1 These websites may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
14.2 We are not responsible for the content or privacy practices associated with linked websites.
14.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
16. How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
17. Security of Information
Unfortunately, no data transmissions over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
18. Termination of Access
Access to these websites may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
19. Governing Law
These terms and conditions are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.