Terms and Conditions
Last updated: 8 November 2024
Welcome to The Online Beauty Warehouse. By accessing our website located at https://theonlinebeautywarehouse.com.au/ (the “Site”) or purchasing products through the Site, you agree to be bound by these Terms and Conditions (“Terms”).
If you do not agree to these Terms, please refrain from using our Site and services.
1. General Information
Business Name: The Online Beauty Warehouse (ABN 80 790 494 742)
Address: 3/1 Precision Drive, Molendinar, QLD 4214, Australia
Contact Email: [email protected]
Phone: 07 5623 3319
2. Eligibility
You must be at least 18 years old or have the consent of a legal guardian to use the Site and make purchases. By using the Site, you affirm that you are legally able to enter into these Terms.
3. Order Acceptance
Submitting an order does not require The Online Beauty Warehouse to accept that order.
An order becomes binding when it is accepted by The Online Beauty Warehouse, subject to applicable law.
We may refuse or cancel an order before acceptance where, for example, goods are unavailable, a genuine pricing or website error has occurred, payment cannot be verified or we reasonably suspect fraud or misuse.
If The Online Beauty Warehouse cancels an order before supply in circumstances where the customer is entitled to repayment, amounts paid for the cancelled goods will be returned.
4. Orders and Payment
All orders are subject to acceptance and availability. Unless otherwise expressly agreed in writing, payment must be received in full before any product is shipped. Accepted payment methods are provided at checkout.
5. Pricing Errors
We take reasonable steps to ensure pricing and product information is accurate.
Where an obvious or genuine pricing, typographical or system error occurs, we may contact the customer before accepting or fulfilling the affected order.
Nothing in this provision permits us to engage in misleading or deceptive conduct or otherwise limits rights that cannot lawfully be excluded.
6. Shipping and Delivery
Shipping costs and estimated delivery times are provided at checkout. Estimated delivery times are not guaranteed and may be affected by third-party shipping carriers or circumstances outside our reasonable control. Once an order is dispatched, tracking details will be provided where available. Nothing in this section excludes any rights or remedies that cannot lawfully be excluded.
7. No Change of Mind Returns, Refunds or Cancellations
Please choose carefully before placing an order.
To the maximum extent permitted by law, The Online Beauty Warehouse does not provide refunds, returns, exchanges, cancellations or store credits where a customer has simply changed their mind.
A change of mind includes, but is not limited to, circumstances where the customer:
- no longer wants or requires the product;
- has purchased the incorrect product, model, colour, size, quantity or specification;
- subsequently finds the product available elsewhere at a lower price;
- decides that the product is unsuitable for their business or intended treatment where the product otherwise corresponds with its description and any purpose specifically disclosed to and accepted by us prior to purchase;
- changes their business plans, circumstances, premises, staffing, financing or treatment offering;
- experiences difficulty obtaining finance, insurance, approvals, licences, qualifications or other third-party requirements;
- decides not to proceed after placing or paying for an order;
- has ordered duplicate or additional goods in error; or
- otherwise wishes to return or cancel goods where there is no failure to comply with an applicable consumer guarantee.
This policy applies whether the goods have or have not yet been dispatched, subject always to any rights that cannot lawfully be excluded.
An order is not automatically cancellable merely because it has not yet been delivered or dispatched.
Once an order has been accepted and payment or a deposit has been received, The Online Beauty Warehouse may commence allocating stock, ordering goods, preparing equipment, reserving inventory, performing quality control, arranging freight, undertaking administration, preparing documentation, arranging training or otherwise performing the contract.
The Online Beauty Warehouse is not required to accept a cancellation resulting from a change of mind.
Nothing in this section excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
8. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law where the Australian Consumer Law applies to the transaction.
Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy which cannot lawfully be excluded, restricted or modified.
A customer’s entitlement to a repair, replacement, refund or other remedy for a product that fails to comply with an applicable consumer guarantee is determined by the Australian Consumer Law.
A change-of-mind request is separate from a claim that goods fail to comply with an applicable consumer guarantee.
9. Assessment of Product Claims
Where a customer alleges that a product is faulty, defective, unsafe, damaged or otherwise fails to comply with an applicable consumer guarantee, The Online Beauty Warehouse may reasonably assess the product and the circumstances of the claim before determining the appropriate remedy.
Depending on the circumstances, this assessment may include requesting:
- proof of purchase;
- photographs or video;
- the product’s serial number;
- details of installation and setup;
- information regarding operation, cleaning and maintenance;
- troubleshooting;
- inspection of the product; and
- relevant information from a manufacturer, technician or supplier.
These assessment procedures do not limit any rights available under the Australian Consumer Law.
Where a failure is minor, The Online Beauty Warehouse may provide the remedy permitted by the Australian Consumer Law, which may include repair, replacement or refund.
Where a failure constitutes a major failure under the Australian Consumer Law, the customer will have the remedies provided by the Australian Consumer Law.
10. Returns for Faulty Goods
The conditions applicable to voluntary change-of-mind returns do not apply to goods being returned because of a failure to comply with an applicable consumer guarantee.
A customer does not need to retain original packaging in order to exercise rights that arise under the Australian Consumer Law.
Customers should retain proof of purchase.
Customers must not return large, heavy, installed or specialised equipment without first contacting The Online Beauty Warehouse so that safe and appropriate collection, inspection or transport arrangements can be made.
Where the Australian Consumer Law requires The Online Beauty Warehouse to bear transportation or collection costs, those costs will be dealt with in accordance with the Australian Consumer Law.
11. Deposits and Part Payments
Unless otherwise expressly agreed in writing, payment of a deposit or part payment constitutes the customer’s commitment to proceed with the order.
A customer is not entitled to cancel an order or obtain a refund of a deposit merely because the customer has changed their mind.
Where a customer requests cancellation and The Online Beauty Warehouse voluntarily agrees to release the customer from the contract, any entitlement to repayment will be determined having regard to applicable law and any reasonable costs, losses or liabilities incurred by The Online Beauty Warehouse as a consequence of the cancellation.
Nothing in this section permits The Online Beauty Warehouse to retain an amount where doing so would be prohibited by law.
12. Special Orders, Pre-Orders and Custom Goods
Products that are specially ordered, manufactured, configured, modified, branded, customised, reserved, imported or procured specifically for a customer cannot be cancelled or returned because of a change of mind.
This includes orders where The Online Beauty Warehouse has committed to a manufacturer, supplier, freight provider or other third party in reliance upon the customer’s order.
This does not exclude rights available under the Australian Consumer Law where those rights apply.
13. Machinery, Equipment and Commercial Products
Customers purchasing professional machinery, beauty equipment, salon furniture and other commercial products are responsible for determining before purchase that the product is appropriate for their proposed business use, premises and operating environment.
Unless expressly agreed otherwise in writing, customers are responsible for any plumbing, electrical, drainage, structural, internet, ventilation, access, installation or other site requirements associated with installation and operation of the product.
Customers are also responsible for determining any licensing, training, insurance, professional, regulatory or other requirements applicable to their particular business or intended use.
Nothing in this provision excludes liability where The Online Beauty Warehouse has expressly represented that a particular product is suitable for a specific purpose disclosed by the customer and the law provides the customer with rights in relation to that representation.
14. Warranty and Consumer Guarantees
Any manufacturer’s warranty or warranty offered by The Online Beauty Warehouse is additional to, and does not replace, rights that may arise under the Australian Consumer Law.
Warranty conditions may require appropriate operation, maintenance, servicing or training. Failure to comply with such requirements may affect a voluntary warranty where the failure is relevant to the damage or fault.
However, expiry or invalidation of a voluntary warranty does not by itself extinguish any rights that may separately exist under the Australian Consumer Law.
Warranty coverage will not ordinarily apply to damage caused by misuse, neglect, accidental damage, unauthorised modification, improper installation, inappropriate water supply, power surge, failure to undertake required maintenance or use contrary to product instructions where that conduct caused or contributed to the problem.
15. Freight Damage
Customers should inspect goods as soon as reasonably practicable following delivery.
Visible freight damage should be reported to The Online Beauty Warehouse as soon as possible, preferably within 48 hours, together with photographs of the product and packaging.
The 48-hour notification request assists us in lodging claims with freight providers. It does not exclude any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.
Customers should retain damaged packaging until advised that it is no longer required.
16. Intellectual Property
All content on this Site, including but not limited to text, images, logos and trademarks, is the property of The Online Beauty Warehouse or its respective rights holders and is protected by applicable intellectual property laws. Unauthorised use or reproduction of this content is prohibited.
17. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
Subject to those rights, and to the maximum extent permitted by law, The Online Beauty Warehouse is not liable for indirect or consequential loss arising from circumstances outside its reasonable control.
Any limitation of liability contained in these Terms operates only to the extent permitted by applicable law.
18. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use and disclose your information.
19. Entire Returns Policy
These Terms and Conditions should be read together with The Online Beauty Warehouse Returns, Warranty and Refunds Policy.
Where there is any inconsistency between a voluntary store policy and a right that cannot lawfully be excluded under the Australian Consumer Law, the Australian Consumer Law prevails.
By submitting an order, the customer acknowledges that they have had an opportunity to review these Terms and Conditions and the Returns, Warranty and Refunds Policy before completing the purchase.
20. Governing Law
These Terms and any disputes arising from them will be governed by and construed in accordance with the laws of Queensland, Australia, subject to any applicable law that cannot be excluded.
21. Changes to Terms
We may update these Terms periodically. The latest version will be made available on our Site. Changes will operate subject to applicable law and will not retrospectively remove rights that have already accrued.
22. Contact Information
For questions regarding these Terms, please contact us at:
Email: [email protected]
Phone: 07 5623 3319
Address: 3/1 Precision Drive, Molendinar, QLD 4214, Australia
