Hair Extension Queen Terms and Conditions
Definitions and Interpretation
- In these Terms:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time.
Goods means the goods purchased by you from us on the Site.
Price means the purchase price paid by you to us for the Goods.
Site means our website being https://hairextensionqueen.com.au.
Terms means these terms and conditions.
We and Us and words with a similar connotation mean Trevor Leonard Dell trading as Hair Extension Queen ABN 41 248 562 010 and include our employees and suppliers or service providers that are engaged by us.
You and Your and words with a similar connotation mean you, your company, your employees, your administrators, successors and/or permitted assignees.
- Nothing in these Terms exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.
- These Terms govern the provision of all Goods purchased by you. All other terms and conditions, express or implied are excluded to the fullest extent permitted by law including without limitation any of your terms and conditions.
- These are the terms and conditions under which we supply you with the Goods on the Site. Please read these Terms carefully before ordering any Goods from the Site. Where you use and continue to use the Site, you are indicating that you accept and continue to accept these Terms irrespective of whether you order Goods from us. If our Terms are not acceptable to you, please do not use our Site.
Terms of sale
- The Goods and all other products sold by us are sold on these Terms.
Shipping and postage
- The delivery times for the Goods are estimates only and we are not liable for later delivery or non-delivery.
- We are not liable for any loss, damage or delay occasioned to you arising from late or non-delivery of the Goods.
- We are not responsible to you for any loss or damage to the Goods in transit cause by any event of any kind by any person.
- We will only ship the Goods to residential or business addresses. For the avoidance of doubt, we will not ship the Goods to a parcel locker or PO box or equivalent delivery options.
- All of our Goods are sent via Australia Post and must be signed for on delivery by you.
- It is your responsibility to ensure that your correct contact details and address are provided for your Goods order. The shipping address provided to us by you for delivery of the Goods cannot be changed once the Goods have been shipped.
Availability of Goods
- All orders made by you for Goods are subject to availability of the Goods. In the event you ordered Goods and the Goods are out of stock, we will notify you as soon as possible.
Images and descriptions of Goods
- Our descriptions and pictures of the Goods displayed on the Site are solely for illustrative purposes. The Goods may vary slightly from our descriptions or images on the Site. We make every effort to display and describe the colours and other features of the Goods accurately. We cannot guarantee that your computer or mobile screen accurately reflect the colour of the Goods that you will receive.
Exchanges, Returns and Refunds
- In the event the Goods do not satisfy all or any statutory consumer guarantees under the Australian Consumer Law, we will provide you with a replacement of the Goods, an exchange of the Goods or a refund of the Price in accordance with the Australian Consumer Law.
- Subject to clause 1, we will only accept an exchange of the Goods if you change your mind, where (due to hygiene reasons):
- you contact us at email@example.com and we approve the exchange; and
- we receive the Goods within 14 days of the date you purchased the Goods, or such other time period agreed by us in writing; and
- the Goods are unopened, unused and not tampered with.
- Subject to clause 1, we will provide a refund of the Price if you change your mind:
- if you contact us at firstname.lastname@example.org and we approve the refund of the Price; and
- if we receive the Goods within 14 days of the date you purchase the Goods, or such other time period agreed by us in writing; and
- if the Goods are unopened, unused and not tampered with.
- If a refund of the Price or exchange of the Goods is made in accordance with clause 2 or 7.3 of these Terms, you will bear any postage costs to return the Goods to us.
- All or any return of the Goods by you, whether for a refund or exchange, must be accompanied by a copy of the invoice provided by us to you at the time of purchase of the Goods.
- All refunds of the Price approved by us and in accordance with these Terms, will be made via the original payment method used by you less the original shipping charges. For the avoidance of doubt, we will not issue refunds to a different credit card or debit card other than the credit card or debit card used to purchase the Goods.
- If a refund of the Price is made in accordance with clause 3 of these Terms, you will receive a refund for the Price less:
- 6% of the price paid for the Goods plus $00.30, for Goods purchased with Afterpay; or
- 4% of the price paid for the Goods plus $00.15, for Goods purchased with Zip Pay; or
- 9% of the price paid for the Goods plus $00.30, for Goods purchased with Mastercard or Visa.
Limitation of Liability
- To the extent permitted by law, we are not liable in any way to you for any form of loss, damage or injury sustained or incurred by you or any third party in consequence of, or resulting directly or indirectly out of the provision of the Goods, the use of the Goods, or any breach by us of any contract incorporating these Terms or these Terms.
- For the avoidance of doubt, we provide the Goods to you, but we are not liable to you for any failure by you to apply or use the Goods in the manner or way in which we inform you. We are also not liable to you for any future application or use of the Goods that is not consistent with our instructions and we are not liable for the way in which you apply or use the Goods, except to the extent we have instructed you to apply or use the Goods in that way.
- Should any law render any of these Terms void or ineffective, you agree that our liability is limited, at our sole discretion and option to one of:
- the resupply of the Goods;
- the repair of the Goods;
- the payment of the cost of replacing the Goods or of acquiring equivalent goods;
- the payment of the cost of having the Goods repaired; or
- the total Price paid by you to us for the Goods.
- We are not liable for failure to provide the Goods for any reason whatsoever outside our reasonable control including, including but not limited to industrial action, riots or war, governmental action or regulation, act of God.
- Our liability to you under this clause 8 (if any) will be reduced proportionately to the extent that any unlawful, negligent or other act or omission by you contributed to the relevant liability, loss, damage, or expense.
- You release and indemnify us against all or any claims, loss and/or damages that you incur or that arise where we are not liable under this clause 8. Your liability to us under this clause (if any) is reduced to the extent of any contribution by us to the claim, loss or damage.
Intellectual Property and Copyright
- You agree that all copyright, designs, trademarks, images and all other intellectual property and material rights relating to the Site and the Goods, remain at all times vested in us and are owned by us or such relevant third parties.
- Governing Law: These Terms are governed by the laws of the State of New South Wales and we both submit to the jurisdiction of the courts of that state.
- Severability: If any provision of these Terms is held to be invalid in any way or unenforceable, the remaining provisions shall not in any way be effected or impaired, and these Terms must be construed so as to give effect to our original intent.
- Waiver: Waiver of any provision of or right under these Terms:
- must be in writing signed by whichever of us is entitled to the benefit of that provision or right; and
- is effective only to the extent set out in any written waiver.
- Entire Agreement: These Terms constitute the entire agreement between us with respect to its subject matter and supersede all prior agreements and understandings between us in connection with these Terms and/or in connection with the Goods.
- Notices: Notices under these Terms must be in writing, in English and delivered to the address for the relevant party as advised to that party by the other party. A notice is taken to be received if hand delivered, on delivery; if sent by prepaid post, on the second business day after the date of posting; if sent by email at the time that would be the time of receipt under the Electronic Transactions Act 1999.
- Survival: The following terms survive expiry or termination of these Terms: clause 8 (limitation of liability); 9 (intellectual property and copyright); clause 1 (governing law); and this clause 10.6 (survival).