Terms of Service
This website is operated by La Biosthetique Australia Pty Ltd, ABN 47 101 810 842, Suite 202 & 203, 115 Military Road, Neutral Bay NSW 2089. Throughout the site, the terms “we”, “us” and “our” refer to La Biosthetique Australia Pty Ltd. La Biosthetique Australia Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.ONLINE STORE TERMS
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
- We reserve the right to refuse service to anyone for any reason at any time.
- ou understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3.MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4.PRODUCTS OR SERVICES
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5.BILLING AND ACCOUNT INFORMATION
- All prices are displayed in AUD. We accept domestic and international Credit/Debit cards including Visa and Mastercard.
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
- We aim to deliver the Product to you at the place of delivery requested by you in your order.
- We aim to deliver within the time indicated by us at the time of your Order but we cannot promise an exact date when you submit your Order or at the Confirmation of order. We always aim to deliver within 5 working days from the date of any order which we accept but we cannot guarantee any firm delivery dates.
- We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- On delivery of the products, you may be required to sign for delivery, unless you grant us authority to leave the parcel unattended. You agree to inspect the products for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered products in case of future discussions with us about it.
- You may grant us an 'authority to leave unattended' when placing your order. If you do, you understand and agree that this authority to leave gives us and/or our selected couriers permission to leave the order in question unattended by the front door – or, where applicable, at the reception or concierge's desk – of the delivery address without obtaining a signature confirming delivery at the delivery location. In such circumstances, you understand and agree that by granting us authority to leave, we and our couriers are released of all responsibility and liability for the orders delivered and left unattended, and that this responsibility and liability transfer to you on delivery.
- Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
- We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
- Unless otherwise specified, all risk in the products shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
- You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
- You shall ensure that you are ready for safe receipt of the product without undue delay and at any time reasonably specified by us.
- If you are not available to take delivery or collection, we may leave a card giving you instructions on either re- delivery or collection from the carrier.
- If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- charge you for our reasonable storage fee and other costs reasonably incurred by us; or
- no longer make the product available for delivery or collection and notify you that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees).
- It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
- We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9.USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
- (1) to maintain any comments in confidence;
- (2) to pay compensation for any comments; or
- (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
11.ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- (a) for any unlawful purpose;
- (b) to solicit others to perform or participate in any unlawful acts;
- (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to submit false or misleading information;
- (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- (h) to collect or track the personal information of others;
- (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- (j) for any obscene or immoral purpose; or
- (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall La Biosthetique Australia Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- You agree to indemnify, defend and hold harmless La Biosthetique Australia Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with the laws of New South Wales. Both you and we hereby submit to the non-exclusive jurisdiction of the courts of New South Wales. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
19.CHANGES TO TERMS OF SERVICE
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Refunds, returns & exchanges
- We offer refund or exchange within 14 days of purchase if your item is damaged, faulty, or not what you ordered.
- If your item is damaged, faulty, or not what you ordered, please send a picture with the order number to email@example.com and we will give you instructions on how to return the item.
- Please keep all packaging materials and the damaged item(s) for inspection by the carrier.
- We accept returns only if the product hasn't been used. La Biosthetique will not process a refund or exchange if the product has been used. Once the item has been received and reviewed, you will either receive your new item or a refund for the cost of the purchase (excluding delivery cost). Refunds can only be issued directly to the credit card used for the purchase. Please allow 14 days for us to process the refund/exchange. We only process refund or exchange for items bought from the website. Refund or exchange for goods bought on the website will not be processed at a La Biosthetique salon.