We encourage you to read our Terms and Conditions. If there is anything that you do not understand, don’t hesitate to contact us. However, by accessing or using our Site, please note that you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
This Site is created and controlled by us in the State of Victoria, Australia. As such, the laws of the Commonwealth of Australia and, and where applicable, the State of Victoria, govern these Terms and Conditions. By using this Site you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legally binding contracts under applicable law.
All prices shown on the Gorgeous Cosmetics Site are in Australian Dollars (AUD) and include GST. We may change our prices at any time and any changes are effective immediately upon posting to the Site or other form of notification.
You may only use this Site to purchase online if you provide us with all required information.
If you wish to make a purchase on this Site, you must provide us with your personal details. We require you to provide your real name, phone number, postal address (not a PO Box), e-mail address and other requested information as indicated. In addition, at the time of ordering, we also require your payment details. By entering these details you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
If you are paying by credit card, it must be a valid credit card and have been issued a valid credit card by a bank acceptable to Gorgeous Cosmetics. You must also have authorised Gorgeous Cosmetics to process a charge or charges on your credit card in the amount of the total purchase price for the goods or services.
If you register on this Site, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping this information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on behalf of another person, you represent that you have the authority to bind that person as the principal to all Terms and Conditions relating to usage of this Site, and if you do not have such authority, you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts immediately and without notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so
We reserve the right to only accept orders from those over 18 or 21 as legislated by the relevant state of residence.
Acceptance of your order
Once you have selected your product/s and placed your order, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order – it is just a confirmation that we have received it. Please check your order carefully before submitting it as we do not offer refunds if you change your mind or enter incorrect details.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Gorgeous Cosmetics will occur when we email you to confirm that payment has been received and that the goods have been dispatched and been handed over to the designated carrier. The sale contract is deemed to be made in Victoria, Australia.
We reserve the right refuse your order if we are unable to obtain authorisation for payment, if the item/s ordered is out of stock or if you do not meet the eligibility criteria set out in, or otherwise contemplated within, these Terms and Conditions.
Gorgeous Cosmetics reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion. In addition, we also reserve the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.
Once your order has dispatched, it is at your risk and we do not take responsibility for lost or incorrect delivery, unless it was caused by something we did incorrectly. Australian orders are shipped by Star Track Express. As stated above, please do not specify for your order to be delivered to a PO Box address – we cannot deliver to PO Boxes. It is your responsibility to organise for delivery to an address suitable for acceptance. Deliveries will be made Monday to Friday, 9am to 5pm. By using this Site, you agree that deliveries may be left at the delivery address without signature if the address is unattended. Insurance of your order may be purchased (at an additional cost) if you notify us in the customer comments section or your order. Please allow up to 10 days for receipt of your order.
Your use of products and services
By placing an order with Gorgeous Cosmetics you agree to use the products or services for any purpose for which they would ordinarily be used. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
Accuracy of information
We use our best endeavors to ensure that all information on this Site is up to date and correct and that things like color shades are represented as accurately as possible. Despite this, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, prices, colors, information or other content available on this Site are accurate, complete, reliable, current or error-free.
Modification or changes
From time to time, we may change, modify, alter or discontinue this Site, our Terms and Conditions, prices, offers, or policies in any way, without notice. Any changes are effective as soon as they are posted on this Site. Your continued use of the Site after any changes are posted constitutes your agreement to the changed Terms and Conditions. For this reason, we again encourage you to always read the Terms and Conditions before placing each online order. If you do not agree to any change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law. We reserve our rights to do not promise to continue to offer or maintain this Site online. We may withdraw it from use altogether or from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license excludes the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Site Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other hidden text utilizing any and/or all Site Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. All powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.
Any unauthorized use by you of the Site or any and/or all of our Site Content automatically terminates the limited licenses granted here without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Use of information
If you upload or otherwise provide any information or content ("User Content") in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
- violates any law, statute or regulation;
- forges information to disguise the origin of any User Content; or
- encourages or incites any other person to engage in any of the above behaviour.
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the intellectual property you have in any User Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour
No commercial use
This Site is for your personal, non-commercial use only. You may not copy, commercially exploit, display, distribute, modify, perform, publish, transmit, reproduce, license, create derivative works from, transfer, or sell any Site Content, software, products or services contained within this Site. You may not use this Site, or any of the Site Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or otherwise.
Third Party Sites
We may include hyperlinks on this Site to other websites or resources operated by parties other than Gorgeous Cosmetics for convenience only. We are not responsible for the content or accuracy of any off-site pages linked to or from this Site, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Your use of this Site is not intended to create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us by these Terms and Conditions.
Intellectual property rights
Without limitation, the following is owned by, and the property of, Gorgeous Cosmetics and/or our affiliates, partners or licensors: all content, graphics, information, image rights, photographs, sounds, music, video, audio or text on this Site and all intellectual property rights contained therein, including without limitation, trademarks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the “Site Content”). These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trademarks.
Your use of the Site Content does not grant you any rights in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Site Content or any portion of the Site. This includes software or any HTML and other code contained in this Site.
You may use the Site Content only as expressly authorised by Gorgeous Cosmetics, our third party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting of the above listed Site Content, in whole or in part, for any purpose without our express consent is prohibited. Without limitation, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you may make one copy for the purposes of viewing Site Content for your own personal use.
We make no recommendations as to the use of any information or Site Content on this Site, which may infringe the intellectual property rights of us or any third parties. We make no representations or warranties that use of the information or Site Content on this Site will not infringe such intellectual property rights.
Representations and warranties
The advice and information contained within this Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While we make every effort to ensure that the information contained within this Site is accurate, Gorgeous Cosmetics takes no responsibility for any loss or damage arising from its use.
We do not promise that the Site Content is error-free. We do not promise that the functional aspects of the Site or Site Content will be error free or that this Site, the Site Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The Site is presented "as is" and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.
Certain legislation, including the Trade Practices Act 1974 and/or the Australian Consumer Law (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions is limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (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.
Limitation of liability
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, failure to deliver, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Site Content, or (f) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these Terms and Conditions;
- any breach or inaccuracy in any of your representations or warranties; or
- your use of the Site.
Breach and termination
If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.
We are not responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.