TERMS AND CONDITIONS

Last updated: October 1, 2020

These terms and conditions govern your use of our website and how we supply products to you, our lovely customer.

Please read these terms carefully before you place your order with us or access our website as they contain important information. If you think that there is a mistake in these terms, please contact us.

1. TERMS AND DEFINITIONS

1.1 By accessing this website and/or placing an order, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website.

1.2 Your attention is particularly drawn to Section 12 (Price and Payment), Section 14 (Limitation of Liability), and Section 15 (Indemnification).

2. WHO ARE WE?

2.1 We are Coty Australia Pty Ltd, ACN 000 303 391, a company registered in Australia. Our registered office is at Level 31, 1 Market Street, Sydney, NSW, 2000.

3. HOW TO CONTACT US?

3.1 You can contact us by emailing our friendly customer service team by writing to us at customerservice@kyliejennerskin.com.au.

4. YOUR REGISTRATION

4.1 You confirm that any personal data you provide when you register an account with us is true, accurate, current and complete in all respects; and that you will notify us immediately of any changes to the personal data by updating these details on your online account.

4.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

5. YOUR ORDER

5.1 Please select your country of delivery and your preferred currency for payment before browsing to ensure the correct information is displayed on screen.

5.2 To place an order for products on the website, you should press the ‘confirm order’ button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.

5.3 At the checkout you will be given an opportunity to review your order, including the country of delivery, to make any amendments prior to placing an order.

5.4 You will receive an order confirmation email detailing the products you have ordered. This email does not constitute our acceptance of your order. Order acceptance will take place on the despatch of your products ordered.

5.5 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. If we have taken payment prior to non-acceptance of your order then we will refund you, but please note that it can take up to 7 business days for the bank to transfer the funds to you. Non acceptance of an order may be because:

(a) the product is out of stock;

(b) we were unable to authorise your payment;

(d) an error in the price or description of the product.

5.6 We will assign an order number to your order. It will help us if you can tell us the order number whenever you contact us about your order.

5.7 The contract will be concluded in English.

6. CHANGING YOUR ORDER

6.1 If the products you ordered have already been collected for delivery from our warehouse we are unable to add or remove products from your order. For unwanted products, you’ll need to follow our returns procedure and if you would like to add products to an order, you would be required to place a new order.

6.2 If you need to change details of your delivery address, or cancel it completely, please contact our customer services team. Please be ready to quote your order number and order date.

7. OUR PRODUCTS

7.1 All orders are subject to acceptance and availability, which may vary depending on the shipping destination.

7.2 Each product purchased is sold subject to its product description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct.

7.3 The images of the products on our website are for illustrative purposes only. Your product and its packaging may vary slightly from its advertised images on the website, as a result of your device’s display of colour.

7.4 If you have any questions or complaints about any product, please contact our customer service team at customerservice@kyliejennerskin.com.au.

8. DELIVERY

8.1 The list of countries that we currently deliver to will be displayed during the check-out process. Delivery lead times will vary according to destination and will be confirmed to you once the product is shipped.

8.2 The maximum delivery time will be confirmed to you in your order confirmation email. If we do not meet this maximum delivery time, you are entitled to cancel your order by emailing us at customerservice@kyliejennerskin.com.au. We may contact you to offer an alternative solution to reimbursement and re-delivery of your products. In the absence of an agreement for an alternative, we will refund all amounts paid, including delivery fees, within 14 days after the date on which your order is terminated for non-delivery.

8.3 It is your responsibility to provide us with a complete and accurate delivery address information. We will not be liable if you supply us with incomplete or inaccurate information.

8.4 Please note, if you choose to use any of our delivery partners’ personalised services (including but not limited to having your parcel delivered to a neighbour or left in a safe place). We shall not be held liable for any items that are lost, damaged or delayed.

8.5 The costs of delivery will be as displayed to you on our website before you finalise your order, please check these carefully, you consent to this charge when you submit your order.

8.6 When your product is shipped from our warehouse we will send you a despatch confirmation email. Please note that products may arrive in separate parcels and may require a signature.

8.7 A product will be your responsibility from the time we deliver the product to the address you gave us. You own a product once we have received payment in full.

9. RIGHT TO CANCEL

9.1 Our products come with guarantees that cannot be excluded under the Australian Consumer Law.

9.2 If you wish to report a product as not in accordance with an Australian consumer guarantee (including for example if they are damaged, faulty, or not as described), please contact our customer services team on customerservice@kyliejennerskin.com.au.

10. OUR ONLINE STORE

10.1 Our store is hosted on Shopify Inc. It provides us with our online e-commerce platform that allows us to sell our products to you. Shopify will process your order request and your payment, please see Section 12 below for more information regarding payments. By submitting your order, you agree to Shopify processing your order.

10.2 Your data is stored through Shopify’s data storage, databases and the general Shopify application. Your data will be stored on a secure server behind a firewall. For more information, please see our Privacy Policy. You should also read Shopify’s Privacy Statement (https://www.shopify.com/legal/privacy).

11. DISCOUNT CODES

11.1 You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

12. PRICE AND PAYMENT

12.1 Product prices shown on the website are in Australian Dollars or such other currency as we may offer from time to time and are inclusive of VAT/GST. Product prices shown on the website may change from time to time.

12.2 If you choose to pay using a payment card with a currency denominated account that is different from the currency of your order, additional charges and foreign exchange differences may apply.

12.3 We accept payment with Afterpay, Visa, Mastercard, American Express, PayPal, Apple Pay, Google Pay and Shop Pay.

12.4 If you choose a direct payment gateway to complete your purchase, then Shopify Inc. stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

12.5 Full payment is due upon order placement and you will be charged when you press the 'Place Order and Pay' button at the end of the checkout process.

12.6 By placing your order and making an offer to buy a product, you authorise us and Shopify Inc to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports e.g. in order to authenticate your identity.

13. PRODUCT RESTRICTIONS

13.1 There may be instances where due to restrictions (legal or otherwise) or practices in relation to a product, we are prevented from being able to deliver it to you. We shall not be held liable in relation to any product that we are unable to sell or deliver to you as a result of such restrictions. In the event that a restriction is enforced after you have placed your order with us, we will do our utmost to notify you as soon as reasonably practicable.

14. LIMITATION OF LIABILITY

14.1 Subject to Sections 14.2 and 14.10, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

14.2 We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.

14.3 Subject to Sections 14.2 and 14.10, and to the fullest extent provided by law, we will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the these terms and conditions for:

(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

(b) any loss of goodwill or reputation; or

(c) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the terms.

14.4 We only supply the products for domestic and private use. Subject to Section 14.10, if you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.5 You acknowledge that, except for those warranties or representations that cannot be excluded by law, the website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

14.6 We make no warranty that the website and our e-commerce store hosted by Shopify will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website.

14.7 Unfortunately, no data transmission 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. Accordingly, any information which you transmit to us is transmitted at your own risk. Although we will use all reasonable care, we provide no guarantee or warranty that any data or information processed on our behalf by Shopify will be secure.

14.8 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

14.9 We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability.

14.10 Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Consumer Guarantees Act of New Zealand, or any other applicable law that cannot be excluded, restricted or modified by agreement.

14.11 To the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee referred to in this Section 14.10 is limited, at our option to:
(a) in the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

15. INDEMNITY

15.1 You agree to fully indemnify, defend and hold us, our group members and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms by you, or any other liabilities arising out of your use of this website or any other person accessing the website using your personal information.

16. DATA PROTECTION

16.1 We will only use your personal information as set out in our Privacy Policy.

16.2 Please see our Cookie Policy to learn more about what cookies we use, their nature, purpose and related usage of your personal data.

16.3 We take all reasonable care, in so far as possible, to keep the details of your order and payment secure, but in the absence of negligence on our part, and except to the extent applicable privacy or data protection laws provide otherwise, we will not be liable for any loss you may suffer if a third party procures unauthorised access to any personal information you provide when accessing or placing an order on our website. For more information on how we use and protect your personal information, please refer to our Privacy Policy & Cookie Policy.

17. INTELLECTUAL PROPERTY

17.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors.

17.2 You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

18. THIRD PARTY LINKS

18.1 As a convenience to our customers, the website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.

18.2 You must not establish any link to our website to suggest any form of association, approval or endorsement on our part where none exists. The website must not be framed on any other site, and you may not create a link to any part of the website other than the home page.

19. REVIEWS

19.1 If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if we choose.

19.2 You represent and warranty that the content and material of any review submitted is accurate and will not cause injury to any person or entity (and that the content or material is not defamatory or discriminatory in any way).

20. DELAY AND EVENTS BEYOND OUR CONTROL

20.1 We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause beyond our reasonable control. If our supply of the products is delayed by an event outside our control then we will contact you to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

21. COMPLIANCE WITH LAWS

21.1 The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

22. AGE RESTRICTIONS

21.1 By using this site, you represent that you are at least the age of majority in your country, state or province of residence. If you are under 18 years old, or the age of majority in your country, then you may not place an order on the website.

23. SEVERANCE

23.1 If any part of the terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of the terms.

24 . WAIVER

24.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

25. ENITRE AGREEMENT

25.1 These terms form the entire basis of any agreement reached between you and us.

26. LAWS AND JURISDICTION

26.1 These terms shall be governed by and construed in accordance with the laws of New South Wales and any disputes will be decided only by the courts of that State and the Commonwealth of Australia.

27. THIRD PARTIES

27.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

28. AMENDMENT

28.1 We reserve the right to change these terms and conditions from time to time but any changes will not apply to any orders placed prior to the change being made.

TERMS AND CONDITIONS

CONTENTS

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