Terms and Conditions

These terms and conditions (Terms) govern your use of the Lash Manufacturer Australia website located at https://www.lashmanufactureraustralia.com.au/ (Website) and our supply of goods through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, Lash Manufacturer Australia Pty Ltd ABN 80 652 370 011 (Lash Manufacturer Australia, our, we or us).

These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase goods through the Website (Goods).

We can supply you with our products in one of two ways; Sample Purchases (Sample) and Bulk Purchases (Bulk). The minimum order amounts, and requisite quantities to qualify as a Bulk order are detailed on this Website. For both Sample Purchase and Bulk Purchase orders, we must receive your payment before we will start processing your order. We accept payment via various means.

We can also supply label templates so that orders can be customised by you with your own labelling. However, you should note these are standardised templates and we do not offer label design support.

Further, we may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by these Terms as amended.

1. USE OF THE WEBSITE

1.1 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

1.2 ACCOUNT REGISTRATION

To access promotions and member benefits, you may sign up for an account (Store Account). When you register for a Store Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.

You agree that you're solely responsible for:

(a) maintaining the confidentiality and security of your Store Account information and your password; and

(b) any activities and those of any third party that occur through your Store Account, whether those activities have been authorised by you or not.

You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.

We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Lash Manufacturer Australia Account information or your password.

1.3 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent which must be requested by you in advance of any such action, and in writing. Such consent shall not be considered granted until a response from us is provided to you in writing authorising such actions;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Australian Lash Manufacturer, our proprietors, employees, agents or any affiliates, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website;

(iv) instigating or participating in a denial-of-service attack against the Website.

1.4 INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a) the Website will be free from errors or defects;

(b) the Website will be accessible at all times;

(d) information you receive or supply through the Website will be secure or confidential; or

(e) any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

1.5 INTELLECTUAL PROPERTY

Lash Manufacturer Australia retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

1.6 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility.

(b) We have no control over the content of the linked websites and we are not responsible for it.

1.7 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

1.8 LIABILITY

To the maximum extent permitted by applicable law, Lash Manufacturer Australia excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by us. We specifically exclude liability for consequential loss or damage, including loss of business profits or reputational damage.

Claims for loss of or damage to Goods in transit must be made against the carrier.

Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and

(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

You hereby waive, release and discharge, on a continuing basis, all claims you have or may have against Lash Manufacturer Australia relating to the products and/or services, however arising.

1.9 INDEMNITY

You agree to indemnify Lash Manufacturer Australia and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Website or of any goods or services provided by the Store.

2.0 CONSEQUENTIAL LOSS

Lash Manufacturer Australia will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

3.0 PRIVACY

You agree to be bound by the clauses outlined in Lash Manufacturer Australia's Privacy Policy, which can be found here.

4 SUPPLY TERMS

4.1 OFFER TO PURCHASE

By submitting an order for purchase of a Good using the Website's functionality (Purchase Order) you represent and confirm that you:

(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(b) are authorised to use the debit or credit card included in your order.

Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your payment and you receive an email from us confirming that your order is being processed.

4.2 DISCLAIMER AND PURCHASER OBLIGATIONS

(a) You acknowledge that the Goods are cosmetic products designed for professional use only and may be dangerous, if used incorrectly or by people not appropriately trained to use the Goods and you agree that you use the Goods entirely at your own risk.

(b) You agree that there may be minor variances when receiving your products. Each product may differ slightly, this can also include the labelling.

(i) you will only use the goods if you are Qualified to do so and only allow the Goods to be used by other people, if they are Qualified to do so;

(ii) if you on-sell or gift the Goods, you will take all reasonable endeavours to ensure that the Goods are only sold or gifted to people who are Qualified to use them;

(iii) you will only use the Goods strictly in accordance with our (or the manufacturers’) instructions as provided to you upon purchase, as detailed on the packaging, or as stated on our Website;

(iv) you will store the Goods strictly in accordance with our (or the manufacturers’) instructions as provided to you upon purchase, as detailed on the packaging, or as stated on our Website;

(v) you will not apply the Goods in an unsafe manner, or where otherwise unsafe to do so; and

(vi) you will indemnify Lash Manufacturers Australia, its officers, employees, affiliates and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Goods.

(i) having been appropriately trained and holding at least the equivalent of a lash technician qualification or equivalent from a reputable institution; and

(ii) having all permits and/or licences required to be held by a lash technician or equivalent in the jurisdiction where the Goods are to be used.

4.3 PAYMENT

(a) Unless otherwise agreed in writing:

(i) if we issue an invoice to you, payment must be made by the time specified in such invoice; and

(ii) in all other circumstances, you must pay for all Goods on or prior to our dispatching the Goods for delivery.

(b) Unless otherwise indicated, amounts stated on the Website include GST.

(c) Lash Manufacturer Australia reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

(d) We may use third-party payment providers (Payment Providers) such as Afterpay® and other payment providers, to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

4.4 CANCELLATION

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

4.5 PRICING ERRORS

In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

4.6 DELIVERY AND SHIPPING

(a) For Goods to be delivered, we may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Lash Manufacturer Australia.

(b) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(c) To the extent permitted by law, we do not accept any liability whatsoever for a delayed or failed delivery or product that is lost or damaged during delivery, where the delay, failure, loss or damage is caused by you or any third party.

(d) If the Product is returned to Lash Manufacturer Australia as the sender (due to an error or omission in the Delivery Address notified by you to us), we will store the product for two weeks on your behalf, after which ownership in the Product transfers to Lash Manufacturer Australia. You acknowledge that any product returned and stored by Lash Manufacturer Australia is at your risk and you accept responsibility for all loss, damage and/or deterioration caused to or suffered by the product.

4.7 TITLE AND RISK IN GOODS SUPPLIED

(a) Until the price of Goods is paid in full, title in those Goods is retained by Lash Manufacturer Australia.

(b) Risk in the Goods passes to you upon you taking possession or control of the Product or upon title in the Product passing to you, whichever is the earlier. The responsibility for insuring the Product passes to you contemporaneously with the passing of risk. Delivery must not be refused by you.

4.8 CUSTOMS AND DUTIES

We reserve the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching their country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

4.9 RETURNS, REPLACEMENTS & REFUNDS

(a) We offer refunds only in accordance with our obligations under the Australian Consumer Law

(b) We can’t offer refunds on bulk items as they have been privately labelled with your business details, we also don't know how they have been stored and if they have been contaminated or if they have been left in the heat.

(c) If you believe Lash Manufacturer Australia has made an error with the Product you must notify Lash Manufacturer Australia of the error in writing (with photos to show the error) within 72 hours of the Delivery Date. If notification is not received within this timeframe, then subject to the Australian Consumer Law, you shall be deemed to have irrevocably accepted the Product.

(d) If you believe your goods are faulty, please contact us using the details provided on our website with a full description of the fault (including images if possible).

If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. We reserve the right to further inspection before deeming a product faulty.

If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.

Subject to any rights you may have under the Australian Consumer Law if Lash Manufacturer Australia accepts the product as defective, Lash Manufacturer Australia will at its discretion, replace the product free of charge, repair or alter the product (at Lash Manufacturer Australia’s cost) or provide you with a credit or refund. Lash Manufacturer Australia reserves the right to inspect the product prior to determining whether any defect or error exists. For the avoidance of doubt, at no time will Lash Manufacturer Australia’s liability for any claim for defective product exceed the purchase price. We do not accept any liability for a product that is damaged during delivery, where the damage is caused by you or any third party. All refunds will be credited back to your original method of payment.

If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

Repeat Orders

If you place an order in the future or repeat order(s) with us, these terms and conditions will apply to such future orders, unless we provide you with alternative terms and conditions.

Order changes

Once the order has been placed it cannot be changed. Please double check that you have ordered the correct products, packaging, etc. Before you proceed to checkout. When you send us your label we expect this is the label you want on your product, once you have sent it we can not change it.

Please confirm everything is correct before you agree to the final copy.

5. FORCE MAJEURE

Lash Manufacturer Australia is not liable for failure to perform its obligations under these Terms to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by Lash Manufacturer Australia because of circumstances outside our control, failure of Lash Manufacturer Australia’s systems or failure of a supplier to Lash Manufacturer Australia, provided that Lash Manufacturer Australia gives notice to you of the delay and uses reasonable efforts to remedy the cause of the delay.

6. ELECTRONIC COMMUNICATIONS

You agree to have notices or other relevant information sent to you via email by Lash Manufacturer Australia and to notify us of any changes to your contact details. If we cannot contact you on the details you provided, we will not be liable for any associated delays or non-delivery of the Product. Lash Manufacturer Australia accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of any electronic transmission or your access to, or the use of the Website or any information contained therein (including for the avoidance of doubt, any viruses, malicious code or other forms of interference which may damage your computer system). You agree to take your own precautions to ensure that the systems you use for email and accessing the Website do not expose you to risk and contain appropriate protection to prevent damage to your hardware and software caused by viruses, malicious code or other forms of interference.

7. PRODUCTS

Our products:

(a) are Vegan and Cruelty Free but are not certified with The Vegan Society or Cruelty Free;

(b) have a shelf life of 6-18 months (see the product information on the product page)

We make no warranties or representation that our products are compliant with any standards specified by The Vegan Society or Cruelty Free, we also do not represent that they are in any way associated or affiliated with either of these certifying bodies.

We make no guarantee, representation or warranty that our products are compliant with the laws or standards of any other countries, including any country we permit you to export to.

Other than any warranties or guarantees that are set out in this agreement or to which any person may be entitled to pursuant to the Australian Consumer Law (such as a guarantee of acceptable quality) or any other Australian law, all other guarantees in relation to our products and services are specifically left out.

8. PRODUCT RECALL

In the unlikely event of a Product Recall, you agree to contact us in writing and provide us with a copy of the Recall Notice.

Unless required by law, you agree to not undertake any recall or withdrawal of the products from the market unless we have provided you our written permission to do so.

If Lash Manufacturer Australia receives a Recall Notice, or if we have other reasonable information to recall or remove the products from the market, we will notify you immediately and provide you with a copy of the Recall Notice and you agree to comply with any requirements set out in the relevant Recall Notice, as well as any other directions we give you about the process of implementing the recall or removal.

For the purposes of this clause, reasonable information for us to recall or remove the products include, but are not limited to where:

(a) supply or use of the products infringes, or may infringe, a third party's Intellectual Property Rights;

(b) the products are, or may be, unsafe; or

9. DISCLAIMERS

We may give you advice, information, recommendations or assistance in relation to our products, their use or application. We give this information to you believing it’s accurate, suitable and reliable at the time but we don’t give any warranty of accuracy, suitability or reliability. Lash Manufacturer Australia does not provide legal advice. While we may provide information, advice or guidance on areas of law, such as any labelling requirements for cosmetics, such information and advice is general in nature and is not intended to replace or substitute for professional, legal or medical advice. We advise you to seek out professional and/or legal advice for your personal circumstances. It is your responsibility to ensure you comply with all legislation.

10. GENERAL

(a) This agreement is governed by the law applying in New South Wales, Australia.

(b) Each party irrevocably submits to the exclusive jurisdiction of the courts in New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement.

(d) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(e) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

(f) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(g) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

Interpretation:

In these Terms, the following rules of interpretation apply:

(i) (singular and plural) words in the singular includes the plural (and vice versa);

(ii) (gender) words indicating a gender includes the corresponding words of any other gender;

(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(v) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(ix) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.