Terms of service
1. This Agreement
1.1 Accepting this Agreement
Thanks for taking the time to read our terms and conditions (Agreement), we are Brillo Beauty Pty Ltd ACN 653 967 652 (Brillo Beauty, we, our, us and other similar terms). These terms govern the purchase of goods from, your access to, and your use of our website. You (your and other similar terms) mean the person or entity using the website.
By purchasing goods or continuing to use this website, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to purchase goods or continue to use our website.
It is your obligation to ensure that you have read, understood and agree to the most recent terms published by us from time to time.
1.2 Contacting us
Please email us at email@example.com if you have any questions relating to this Agreement.
2. Making Purchases
2.1 Placing orders
Prices for products presented on this website are provided as an invitation to treat. The final price of the products you purchase is calculated at checkout and may include additional costs such as taxes, delivery charges and insurance.
The price shown at the time you enter your payment details is the total price of the order notwithstanding the individual products purchased may have been presented on the website at a lower price.
By entering your payment details you are making an offer to us on the terms and conditions set out in this Agreement. We are under no obligation to accept an offer. Acceptance of your offer is deemed once we process your payment.
In purchasing products from us, you agree to abide by the terms and conditions imposed by your financial institution (including buy now pay later providers) and pay the amounts in relation to the transactions you authorise on this website.
While we use only reputable payment gateway providers, we are not liable for any act or omission of the provider you select at checkout. You are responsible for the payment of any goods and services, or value added taxes which are presented to you at the time of making an order.
We endeavour to deliver the products you purchase within the time specified on our website, and where not specified, within a reasonable time. However, delays may occur in our delivery and fulfillment services from time to time. Should you encounter a delay you can contact us via the email address set out above so we can investigate the reasons.
We reserve the right to dispatch the products you purchase in more than one delivery. Upon delivery if the courier considers it unsafe to leave the package it may be delivered to the collection point nearest the shipping address on your order.
2.4 Products may not be available
You acknowledge the products advertised via the website may be unique or available in low stock volumes. If we are unable to fulfil an order, we will contact you and reimburse you for the cost of that product.
2.5 Gift cards and discounts
From time to time and at our sole discretion we may make available to you the use of discount codes and redeemable gift cards. Discount codes and gift cards are redeemable when you place your order and on the conditions upon which those discount codes and gift cards were offered.
2.6 Refunds and defects
Once a transaction is concluded the products may not be returned other than in accordance with the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other consumer protection laws we are required to comply with.
Any defects purportedly present in the product must be reported to us in writing within 7 days of the product being delivered.
When we talk about Personal Information, we mean information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form (Personal Information).
4. Use of the website
4.1 Third party infrastructure and processing
You acknowledge that our website is operated from servers owned and controlled by a third party, and its operations rely on third party services, like those provided by payment gateway providers. As such, you acknowledge that certain functions are out of our control, including data storage and payment processing.
You agree we are not liable for faults in the services provided by third parties (PayPal, Afterpay and the like) with whom you have a separate Agreement.
4.2 Errors, updates and downtime
You acknowledge and agree that there may be technical or administrative errors in the information on the website, including but not limited to errors with respect to product description, pricing and availability.
From time to time, without notice, access to all or part of the website may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the website as soon as practicable.
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove products from, redesign, improve or otherwise alter the website at our sole and absolute discretion.
4.3 Security Responsibilities
We will take reasonable steps to ensure that the website is secure from unauthorised access consistent with generally accepted industry standards. This includes implementing SSL encryption for passing payment details to the payment gateway provider.
5. Intellectual Property
When we talk about Intellectual Property we mean all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right (Intellectual Property).
We own or have a licence to use all the Intellectual Property in the website. You warrant that you will not do any of the following, or permit any person over whom you have effective control to do so:
(a) copy or reproduce, or create an adaptation or translation of, all or part of the website in any way, except to the extent that reproduction occurs automatically through the ordinary use of the website;
incorporate all or part of the website in any other webpage, site, application or other digital or non-digital format;
(b) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the website on any medium; or
directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the website.
References to non-excludable conditions in this Agreement mean any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Condition).
You warrant you are over the age of 18, have the requisite authority to enter into this Agreement and have authority to use the payment method you select.
We warrant the products are free from material defects, fit for their intended purpose, are of merchantable quality, meet the description of the product as set out on the website and delivered free of liens or encumbrances.
Subject to the Non-Excludable Conditions, all other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantees apply, other than that expressly contained in this Agreement.
7.1 Exclusion of liability
Subject to the Non-Excludable Condition and to the maximum extent permissible by law, we exclude all liability for any losses, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
(a) the website being inaccessible for any reason;
the use of goods for a purpose they were not intended to be used;
(b) computer virus, trojan and other malware in connection with the website;
security vulnerabilities in the website or any breach of security that results in unauthorised access to, or corruption of data;
(c) any negligent act performed by you connected with the website or the product; or
your breach of this Agreement.
7.2 Limitation of liability
To the fullest extent possible under the law, we limit our liability for any breach to in the case of goods, the re-supply of the goods or payment of the cost of the re-supply of the goods or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services, the resupply of the services or the payment of the cost of having the services resupplied.
You indemnify us, including our directors, employees, contractors, agents, subsidiaries and related bodies corporate against all costs suffered or incurred, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of the website, including any costs arising from: your breach of this Agreement; our collection activities in relation to a debt you have to us; your infringement of any Intellectual Property and our costs of protecting those rights; or any harm to, claim or action by a third party arising directly or indirectly from your use of the website or products you purchase.
We may end this Agreement immediately if in our reasonable opinion you commit a material breach of this Agreement or our supplier terminates or breaches their agreement with us.
If we terminate this Agreement, we will refund you any money paid to us for goods which you have not received.
We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.
10.2 Entire Agreement
This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
10.3 Event of Force Majeure
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
The parties' obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure.
10.4 Governing law
The laws of New South Wales, Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement which we send to you, will be sent to you via the email address provided to us by you. By accepting these terms, you give your consent to receive communications from us by email. Your notices to us should be directed to firstname.lastname@example.org or sent via the facilities made available to you on our website.
Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.
10.7 Variations to this Agreement
We may vary this Agreement at any time by posting the new terms and conditions on our website.