Terms & Conditions
Please read the following Terms and Conditions (“T&C”) carefully as the provisions contained below govern your access and use of the Website and any purchases made by you through or in connection with the Website.
1.1 The Website is owned and operated by the WA Academy (ABN 28 266 397 567), a highly reputable Registered Training Organisation having its principal place of business at Suite 2, The Bentley Commercial Centre, 1140 Albany Highway, Bentley WA 6102 (“Provider”).
1.2 This T&C apply to the following categories of users:
(a) any persons viewing or otherwise accessing the Website;
(b) any persons registering as a purchaser, or purchasing through or in connection with the Website; or
(c) any persons supplying in any other way personal information (including name and email address) to the Provider through or in connection with the Website.
All such categories of users collectively referred to as “Users”, “you” or “your”).
1.3 Your access and use of the Website and any purchases made by you through or in connection with the Website are also subject to our Disclaimer [link], the terms of which are incorporated in this T&C by this reference.
1.4 By becoming a User, you hereby acknowledge and agree to be bound by this T&C and our Disclaimer. This version represents the most current version of this T&C.
2.1 In consideration of your becoming a User, you represent and warrant that:
(a) you are 18 years of age or older;
(b) you have the capacity to form a binding contract;
(c) you are not a person barred from accessing or using the Website under the governing laws of this T&C; and
(d) your access or use of the Website does not violate any applicable law or regulation.
3. DESCRIPTION OF THE WEBSITE
3.1 The Website offers an online shop for the purchase of beauty products (“Product”), such as cosmetics, hair care, skin care and professional products, as supplied by third party suppliers and manufacturers (“Supplier”).
3.2 The Website provides information and content (hereinafter collectively referred to as “Content”), which may include the price of the Product, description of the Product, general tips and information on cosmetics and hair and skin care as well as various other information published on the Website and/or communicated to Users from time to time by the Provider.
3.3 Unless explicitly stated otherwise, any new Product, Content, services, features or applications offered or made available from time to time by the Provider through or in connection with the Website shall be subject to this T&C.
4. PURCHASE OF PRODUCTS
4.1 You may only purchase a Product through the online shop on the Website.
4.2 All descriptions, prices and images of a Product displayed on the Website and any other information and materials communicated to Users from time to time, are considered the Provider’s ‘invitation to treat’.
4.3 All orders placed by you (“Order”) represent an offer to purchase the Product. Neither the Provider nor the Supplier is bound by any Order, and the purchase of a Product pursuant to an Order is subject to availability. The Provider and/or Supplier reserves the right to accept or reject an Order in whole or in part, vary such Order, including the price relating to any Product included in an Order, and/or suspend or discontinue the supply any Product in respect of any Order.
4.4 An “Order Confirmation” shall be deemed to have occurred when the Provider sends an Order Confirmation email to you accepting in writing the Order or part or modified Order.
5. PRICES AND PAYMENT
5.1 The price of each Product (“Purchase Price”) is stated in Australian dollars and shall be inclusive of Goods and Services Tax (“GST”) at the appropriate rate, where applicable.
5.2 If you purchase a Product outside of Australia, you are responsible for any other taxes, liabilities or duties incurred for, or in connection with, the purchase of such Product.
5.3 Full payment of the Purchase Price, the delivery charge and any other applicable amounts payable by you pursuant to this T&C (collectively, “Invoiced Amount”) must be made through the Website by you at the time of placing the Order.
5.4 The Invoiced Amount is payable by way of credit card, PayPal or any other methods as may be specified by the Provider from time to time. You hereby authorise us to deduct the Invoiced Amount from your credit card or PayPal account accordingly.
5.5 Without limiting any other rights the Provider may have under this T&C or by force of law or equity, if you fail make full payment of Invoiced Amount by the due date, the Provider may:
(a) charge interest at the rate of 10% per annum calculated daily on all overdue monies (excluding interest under this clause) until the same is paid in full;
(b) charge an administrative fee for any administrative costs incurred in respect of your failure to make full payment hereof;
(c) cancel or suspend or vary any unfulfilled Order;
(d) cancel any rebate, discount or allowance due or payable by the Provider as at the date of the event;
(e) pursuant to clause 7, enter at any time your premises or any other premises to inspect and reclaim possession of the Product without liability for the tort of trespass, negligence or payment of any compensation to you whatsoever;
(f) lodge a caveat or other similar instrument over any property of yours; or
(g) institute any recovery process as the Provider in its discretion thinks fit at your cost and expense.
5.6 You shall not be entitled to set off or deduct any amounts due and owing by you to the Provider under this T&C, whether or not an existing dispute or claim has been made by you against the Provider or for any reason whatsoever.
6. DELIVERY AND RISK
6.1 For the purposes of this T&C, “Delivery” shall be deemed to have occurred if any one of the following applies:
(a) immediately when the Product is placed in your letterbox or on any suitable surface or on the ground at the premises of the address specified as the delivery address on the Order (“Delivery Address”); or
(b) immediately when the Product is handed to you or your representative (being the “Delivery Recipient”) at the said premises of the Delivery Address; or
(c) if applicable by reason of clause 6.5, immediately when the Delivery Recipient collects the Product from the premises of Australia Post or any other Delivery service provider engaged by the Provider by signing on the relevant page of the delivery docket and/or on any other documents required as proof of the said collection.
6.2 You agree that the Provider is entitled to impose a delivery charge for delivery of the Product to the premises at the Delivery Address. All delivery charges shall be included as part of the Invoiced Amount. Amounts specified by the Provider as delivery charges on the Website, an Order, orally or in any other written communications made to you are estimates only and may be subject to change.
6.3 All Deliveries shall be made to the Delivery Address only and shall not be made to any other addresses unless the Provider consents otherwise prior to the date of despatch of the Product. The Provider has the sole and exclusive discretion to decide whether such other addresses may be used for Delivery and whether any additional delivery charges should be imposed in respect of the change. Any additional charges imposed must be paid by you prior to the Delivery of the Product.
6.4 You must ensure, and you are responsible for, the provision of a suitable and secure place within the premises at the Delivery Address for Delivery of the Product. Neither the Provider nor the Supplier nor any delivery service provider shall be liable in any way for any damage to the Product or to any part thereof arising from or as a result of your failure to do the aforesaid.
6.5 For the purposes of clause 6.1(c), if the Delivery service provider is unsuccessful in making delivery of the Product on its first attempt upon arriving at the Delivery Address, you must comply with any instructions left by the Delivery service provider for the Delivery of the Product, including any requirements to collect the Product from the Delivery service provider’s premises. The Provider shall not be liable for any loss or damage arising from, or in connection with, your failure to comply with the aforesaid instructions or from its failure to accept Delivery of the Product at the Delivery Address.
6.6 Time shall not be of the essence in respect of Delivery and Delivery may not be refused by you, whether such Delivery was made in whole or in part.
6.7 Any dates for Delivery specified by the Provider on the Website, an Order, orally or in any other written communications made to you are estimates only and are subject to change. Neither the Provider nor the applicable Supplier shall be liable for any loss or damage arising from, or incurred in respect of, any Deliveries made after such estimated dates.
6.8 Risk of loss and damage to the Product shall pass to you on Delivery.
7. RETENTION OF TITLE
7.1 Title in the Product shall pass to you only on your discharging in full your indebtedness to the Provider.
7.2 At any time prior the passing of the title in the Product to you, you grant to the Provider, its personnel, agents and authorised representatives, leave and licence to enter at any time, on and into the Premises to inspect, search for or remove any Product.
7.3 You acknowledge and agree that if any Product is sold by you prior to title being passed to you, such sale shall be made by you as bailee for and on behalf of the Provider, and you shall hold the proceeds of sale on trust for the Provider, in an account in the name of the Provider, until you discharge in full your indebtedness to the Provider.
8. CANCELLATION, REFUND AND RETURN POLICY
8.1 The following provisions of this clause are based on the rights and entitlement conferred on you under applicable consumer protection and trade practices legislation. In the event that any provisions herein contradict such applicable legislation, the latter shall prevail.
8.2 Cancellation or Variation by the Provider:
(a) The Provider shall at all times be entitled to cancel or vary any Order subsequent to the Order Confirmation email if the Provider is no longer able to fulfil the Order on the terms specified in the Order Confirmation email or if any force majeure event occurs to the Provider, including without limitation, fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in laws, delays or disruptions by government or government agencies and any other circumstances beyond the control of the Provider.
(b) The Provider shall endeavour to offer viable alternatives to you on the occurrence of such cancellation or variation. You will receive a refund of all monies paid for the Product by you if an alternative is not offered by the Provider or is not accepted by you.
8.3 Purchaser Initiated Returns (Change of Mind):
(a) A purchaser initiated return applies for any reason other than by reason of clause 8.4.
(b) You shall not be entitled to cancel or vary an Order unless:
(i) the Provider gives its written consent for such cancellation or variation;
(ii) your notice of intention to return the Product as required under clause 8.5(a) is given to the Provider within 7 days from the date of Delivery;
(iii) you bear the transport or delivery cost of returning the Product to the Provider; and
(iv) you comply with all other return conditions set out in clause 8.5.
(c) If a cancellation or variation is accepted by the Provider, you acknowledge that administrative charges, including any restocking fees and reasonable costs incurred by the Provider with respect to such cancellation or variation, may be imposed by the Provider in addition to any excess amounts payable by you in respect of a variation.
8.4 Returns due to Damaged/Faulty/Incorrect Products: You are entitled to reject and/or return the Product after Delivery if:
(a) the Product is defective, unmerchantable or is otherwise not in accordance with the Order Confirmation email; and
(b) your notice of intention to return the Product as required under clause 8.5(a) is given to the Provider within 30 days from the date of Delivery and
(c) you comply with all other return conditions set out in clause 8.5.
8.5 Return Conditions: All of the following must be complied with:
(a) You must give the Provider:
(i) notice of your intention to return the Product;
(ii) your Order Confirmation number; and
(iii) details of your claim,
by way of an email to [insert email address] or by phone to [insert phone number];
(b) The Provider has authorised or consented to the return in writing to you;
(c) The Product is returned to the Provider within 14 days from the date you give the Provider notice of your intention to return the Product as required under clause 8.5(a);
(d) The Product is returned through any delivery method by which delivery may be tracked by you and, at the request of the Provider, the following is given to the Provider in writing:
(i) the tracking number;
(ii) the receipt for the delivery fee incurred to return the Product (only for returns due to damage/faulty/incorrect Products); and
(iii) details of the delivery service provider;
(e) The Product is returned “as-new” and in a saleable condition, and with the original proof of purchase receipt; and
(f) The Product is returned on the basis that risk in the Product shall remain with you until the Provider receives the Product.
8.6 Replacements and Refunds:
(a) Generally the processing time for replacements is 7 days from the date the Product is received by the Provider from you.
(b) The processing time for refunds is usually 30 days from the date the Product is received by the Provider from you.
(c) Refunds will only be made against the original credit card or PayPal account used to place an Order for the purchase of the Product. Any credit may not appear on your credit card or PayPal statement until a future billing cycle, depending upon your card issuer’s or PayPal’s policies and procedures.
8.7 Exclusion: The Provider shall not be required to accept any Product for return or to replace any Product or to refund the Purchase Price or any part of the Purchase Price and any associated handling fee or delivery charge (if applicable) to you where in the opinion of the Provider you or any other persons handling, using or dealing with the Product subsequent to Delivery has caused the Product to become damaged, defective or unmerchantable or has failed to take steps to prevent the Product from becoming damaged, defective or unmerchantable.
9. PROPRIETARY RIGHTS
9.1 The Content of the Website is the property of the Provider and you are required to abide by all copyright notices contained on the Website.
9.2 The Website domain name, the Provider’s name, logo, other names and logos of the Provider as may be created, produced or used from time to time (“Marks”) are trademarks or registered trademarks of the Provider and its affiliated companies.
9.3 You agree and acknowledge that you will not receive any right, title or interest whatsoever in respect of the Marks under this T&C.
10.1 You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your:
(a) access and use of the Website;
(b) connection to the Website;
(c) violation of this T&C;
(d) violation of the Disclaimer; or
(e) violation of any rights of another.
11. MODIFICATIONS TO THIS T&C
11.1 The Provider reserves the further right to make any amendments to this T&C at any time in its sole and absolute discretion, with or without notice to you. The most current version of this T&C as posted on this page shall supersede all previous versions.
11.2 It is your responsibility to check regularly to determine whether a new version of this T&C has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of this T&C, then you must immediately stop using the Website. Your continued use of the Website and purchase of a Product after such modifications or amendments shall constitute an acceptance of your agreement to be bound by this T&C, as amended.
12. SUSPENSION AND TERMINATION
12.1 The Provider may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website and remove any information or contact details thereof.
12.2 Cause for such suspension or termination shall include, but not be limited to:
(a) breaches or violations of this T&C;
(b) breaches or violations of the Disclaimer;
(c) breaches or violations of any rights of another;
(d) requests by law enforcement or other government agencies;
(e) discontinuance of the Website (or any part thereof); and
(f) unexpected technical or security issues or problems.
12.3 All such suspensions or terminations shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any such suspension or termination.
13.1 Any notices or communications required to be made by the Provider to you shall be directed to the email address given by you.
13.2 Any notices or communications required to be made by you to the Provider shall be directed to the postal or email address displayed on the contact page of the Website, as amended from time to time.
15. ASSIGNMENT AND SUBCONTRACTING
15.1 The Provider may assign or subcontract its rights and obligations contained in any part of this T&C to any associated entities, related parties or any third parties at any time without your prior written consent.
16. GOVERNING LAW AND JURISDICTION
16.1 This T&C and any obligations arising out of or in relation to this T&C shall be governed by and construed in accordance with the laws of the state of Western Australia.
16.2 The courts of that state are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with this T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts.
17. ENTIRE AGREEMENT
18. WAIVER AND SEVERABILITY OF TERMS
18.1 The failure of the Provider to exercise or enforce any right or provision of this T&C shall not constitute a waiver of such right or provision.
18.2 If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this T&C remain in full force and effect.
Version 1.0 – 12 September 2012