These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Products are sold by Us through this website, www.myperfecteyes.com.au (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products from Our Site. You will be required to read and accept these Terms and Conditions when ordering Products. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Products through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Products, as explained in Clause 8;
“Dispatch Confirmation” means our acceptance and confirmation of your Order;
“Goodwill Guarantee” means the goodwill guarantee offered by Us which exists to enhance the legal rights of Our customers in Australia to change their mind and return Products to Us. The Goodwill Guarantee does not entitle You to any refund on delivery or return costs (paid by you when the Products were originally purchased or returned to Us) if you exercise the extended goodwill guarantee after expiry of the statutory 14 day cooling off period and before the 30 day period. Furthermore, goods must actually be received by us within the 30 day period;
“Products” means your order for Products;
means the Products sold by Us through Our Site;
“We/Us/Our” Means My Perfect Cosmetics Company Ltd, a company registered in Australia, whose registered address is My Perfect Cosmetics Company Pty Ltd Suites 4 & 6, 574 Plummer Street, Port Melbourne, VIC 3207
2. Information About Us
2.1 Our Site is operated by Us.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge and is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Consumers may only purchase Products through Our Site if they are at least 18 years of age.
5. Business Customers
These Terms and Conditions do not apply to customers purchasing Products in the course of business. If you are a business customer, please consult Us.
6. International Customers
If Products are being ordered from outside Australia, import duties and taxes may be incurred once your Products reach their destination. We are not responsible for such charges and We undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the buyer of the Products, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Products are being imported. Please be aware that Products may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Products will be free of signs of tampering. Please also be aware that Australia consumer protection laws may not apply.
7. Products, Pricing and Availability
7.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from Us correspond to the actual Products. Please note, however, the following:
7.1.1 Images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
7.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Products may vary.
7.2 Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Products, not to different Products altogether. Please refer to Clause 11 if you receive incorrect Products (i.e. Products that are not as described).
7.3 Where appropriate, you will be required to select the required size and number of the Products that you are purchasing.
7.4 We neither represent nor warrant that Products will be available. Stock indications are not provided on Our Site.
7.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.8 regarding GST, however).
7.6 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, please note the following:
7.6.1 We will contact you before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of the same in writing.
7.7 In the event that the price of Products you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
7.8 All prices on Our Site include GST. If the GST rate changes between your Order being placed and Us taking payment, the amount of GST payable will be automatically adjusted when taking payment.
7.9 Delivery charges are not included in the price of Products on Our Site. For more information on delivery charges, please refer to the cost on the Site. Delivery options and related charges may be presented to you as part of the order process.
8. Orders – How Contracts Are Formed
8.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
8.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once We have sent you a Dispatch Confirmation will there be a legally binding Contract between Us and you.
8.3 Dispatch Confirmations shall contain the following information:
8.3.1 Confirmation of the Products ordered
8.3.2 Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges; and
8.3.3 Estimated delivery date(s).
8.4 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible.
8.5 Where a Product is advertised by us with a ‘lifetime replacement’ offer, this is subject to reasonable usage by the customer only, the replacement item being held in stock, the empty pallet being received by us at your expense and the stated onward postage having been paid in advance by you. When the above pre-conditions have been satisfied in full, we will send out the replacement.
9.1 Payment for Products and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
9.2 We accept various methods of payment as indicated on Our Site.
10. Delivery, Risk and Ownership
10.1 All Products purchased through Our Site will normally be delivered by Australia Post within 14 calendar days of the date of Our Dispatch Confirmation unless otherwise agreed or notified on the website (subject to delays caused by events outside of Our control, for which see Clause 14).
10.2 In the unlikely event that We fail to deliver the Products within 30 calendar days of Our dispatch confirmation (unless otherwise agreed as under sub-Clause 10.1), if any of the following apply you may cancel your Order immediately:
10.2.1 We have refused to deliver your Products; or
10.2.2 In light of all relevant circumstances, delivery within that time period was essential; or
10.2.3 You told Us when ordering the Products that delivery within that time period was essential.
10.3 If you do not wish to cancel under sub-Clause 10.2 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then cancel your Order.
10.4 You may cancel all or part of your Order under sub-Clauses 10.2 or 10.3. Any sums that you have already paid for cancelled Products and their delivery will be refunded to you. Please note that if any cancelled Products are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, We will bear the cost of returning the cancelled Products.
10.5 Delivery shall be deemed complete once We have delivered the Products to the address (including, where relevant, any alternative address) provided in your Order
10.6 The risk in the Products shall remain with Us until they come into the physical possession of You or a person identified by You to take possession of the Products.
10.7 Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
11. Faulty, Damaged or Incorrect Products
11.1 By law, We must provide Products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Products you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Products, please contact Us as soon as reasonably possible, and in any event within 3 days, to inform Us of the fault, damage or error, and to arrange for a refund or replacement.
11.2 Beginning on the day that you receive the Products (and ownership of them) you have a 30 Calendar Day right to reject the Products and to receive a full refund if they do not conform as stated above. Alternatively, you may request a replacement. We will bear any associated costs and will replace them within a reasonable time. In certain circumstances, where a replacement is impossible or otherwise disproportionate, We may instead offer you a full refund. If you request a replacement during the 30 Calendar Day rejection period, that period will be suspended while We replace them and will resume on the day that you receive the replacement. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a replacement, the Products still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Products at a reduced price, or to reject them in exchange for a refund.
11.3 Please also note that you may not return Products to Us under this Clause 11 merely because you have changed your mind.
11.4 To return Products to Us for any reason under this Clause 11, please initially send an email to firstname.lastname@example.org or call +61 (0)1300814841. We will be fully responsible for the costs of returning Products under this Clause 11 and will reimburse you where appropriate.
11.5 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
11.6 Any and all refunds issued under this Clause 11 will include all delivery costs paid by you when the Products were originally purchased.
11.7 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling and Returning Products if You Change Your Mind
12.1 We offer a Goodwill Guarantee which extends the legal cooling-off period within which you may change your mind, cancel, and return the Products as detailed below.
12.1.1 If the Products are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Products. Our Goodwill Guarantee extends this period to a total of 30 calendar days
12.1.2 If the Products are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Products. Our Goodwill Guarantee extends this period to a total of 30 calendar days.
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform Us of your decision within the cooling off period as extended by Our Goodwill Guarantee. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Us an email or letter by 23:59:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Us directly to cancel, please use the following details:
12.2.1 Telephone: 01300814841
12.2.2 Email: email@example.com
Post: My Perfect Cosmetics Company Ltd, Suites 4&6 574 Plummer Street, Port Melbourne, VIC 3207
In each case, providing Us with your name, address, email address, telephone number and Dispatch Confirmation reference.
12.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Products and services, however please note that you are under no obligation to provide any details if you do not wish to.
12.4 Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:
12.4.1 If the Products are sealed for health or hygiene reasons and you have unsealed those Products after receiving them;
12.4.2 If the Products have been inseparably mixed with other items (according to their nature) after you have received them.
12.5 Please ensure that you return Products to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12 but in any event before the expiry of the Goodwill Guarantee.
12.6 You may return Products to Us by post or another suitable delivery service of your choice to Our returns address at My Perfect Cosmetics Company Ltd, Suites 4&6 574 Plummer Street, Port Melbourne, VIC 3207. Please note that you must bear the costs of returning Products to Us if cancelling under this Clause 12. The cost of returning Products to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
12.7 Refunds under this Clause 12 will be issued to you within 14 calendar days of the following:
12.7.1 The day on which We receive the Products back; or
12.7.2 The day on which you inform Us (supplying evidence) that you have sent the Products back (if this is earlier than the day under sub-Clause 12.7.1); or
12.7.3 If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Products, the day on which you inform Us that you wish to cancel the Contract.
12.8 Refunds under this Clause 12 may be subject to deductions in the following circumstances:
12.8.1 Refunds may be reduced for any diminished value in the Products resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Products and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Products have been handled excessively.
12.8.2 Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that We cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 12. We are required by law to reimburse the cost of ‘basic’ or the least expensive delivery cost irrespective of the actual delivery option chosen by you in respect of the statutory 14 cooling off period. These costs will not be reimbursed if you are returning under the Goodwill Guarantee.
12.9 Refunds under this Clause 12 will be made using the same payment method that you used when ordering the Products.
13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We only supply Products for domestic and private use by consumers. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
13.3 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
14. Events Outside of Our Control (Force Majeure)
14.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
14.2 If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
14.2.1 We will inform you as soon as is reasonably possible;
14.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
14.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
14.2.4 If the event outside of Our control continues for more than 60 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible.
15. Communication and Contact Details
15.1 If you wish to contact Us with questions, please contact Us by email at firstname.lastname@example.org or call 01300814841 or by post at My Perfect Cosmetics Company Ltd, Suites 4&6 574 Plummer Street, Port Melbourne, VIC 3207.
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
16.2 All complaints will be responded to as quickly as possible and we shall make our best efforts to find a satisfactory solution to the complaints received. Complaints are handled in accordance with Our complaints handling policy and procedure, available from the Operations Director
16.3 You can also approach the Online Dispute Resolution portal at http://ec.europa.eu/odr
16.4 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
16.4.1 In writing, addressed to My Perfect Cosmetics Company Ltd, Suites 4&6 574 Plummer Street, Port Melbourne, VIC 3207, By email, addressed to email@example.com
16.4.2 By contacting Us by telephone on 01300814841.
17. How We Use Your Personal Information (Data Protection)
17.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
17.2 We may use your personal information to:
17.2.1 Provide Our Products and services to you;
17.2.2 Process your Order (including payment) for the Products; and
17.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
17.3 In certain circumstances and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
17.4 We will not pass on your personal information to any third parties without first obtaining your express permission.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
18.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
18.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
19. Law and Jurisdiction
19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, Australian law.
19.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Australia.
My Perfect Cosmetics Company Ltd
Suites 4&6 574 Plummer Street
Registered in Australia.