TERMS AND CONDITIONS
These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.aliveskinhair.com.au. Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. Terms and conditions These Terms and Conditions constitute a contract between the customer (You) and Jual Investments Pty Ltd trading as Alive Skin + Hair.
1.1 In these Terms and Conditions We, Our or Us means Alive Skin + Hair; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3 The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. Legal Capacity If you are under the age of eighteen (18) years you cannot place Orders with Alive Skin + Hair. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except: a. by agreement between You and Us in writing or by email; or b. in accordance with clause 6.4.
4.2 All prices listed on the Website exclude Delivery Costs. Where applicable, Delivery Costs are shown separately on an Order.
5.1 You may place an Order by following the instructions on the Website. By placing an Order, you make an offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
5.2 Orders will be deemed to have been received by Alive Skin + Hair at the time an Order confirmation is sent to Your nominated e-mail address.
5.3 Alive Skin + Hair is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
5.4 Alive Skin + Hair reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
5.5 In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
5.6 Alive Skin + Hair does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
5.7 Alive Skin + Hair shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Alive Skin + Hair, and Alive Skin + Hair shall be entitled to a reasonable extension of time for the performance of such obligations. 5.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
6.1 You may provide Your nominated credit card during the purchase process described on the Website.
6.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
6.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 5 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
6.4 Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
7. Delivery and ownership of the goods 7.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Alive Skin + Hair does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
7.2 The dispatch guidelines published on the Website are estimates for the dispatch of most orders placed with Alive Skin + Hair. Where scheduled dispatch of a Product is delayed by more than one to two days, Customers will be notified by e-mail via the e-mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund or store credit at any time prior to dispatch of the Product(s).
7.3 Alive Skin + Hair will deliver Products to PO Box addresses. 7.4 Where a Customer gives written authority for Products to be delivered without a signature, Alive Skin + Hair take no responsibility for the Order going missing.
7.5 The couriers or postal services nominated by Alive Skin + Hair will deliver Products during local business hours (9am to 5pm, Monday to Friday).
7.6 Alive Skin + Hair is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the postal service nominated by Alive Skin + Hair (as notified to the Customer) in relation to date and time of delivery. Alive Skin + Hair shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
7.7 Alive Skin + Hair reserves the right to not ship to remote or rural locations.
8. Faulty or damaged goods Alive Skin + Hair will repair, replace or refund faulty or damaged Products in accordance with Your rights under the Australian Consumer Law.
9. Intellectual Property All Intellectual Property in any Material on the Website is the property of Jual Investments Pty Ltd. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
11. Gift Certificates
11.1 Gift Certificates (physical or digital) have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.
11.2 Gift Certificates (physical or digital) may be redeemed by entering the certificate code into the Gift Card field at checkout. Gift cards will not be refunded.
12.1 Title and risk in products purchased on the Alive Skin + Hair website pass to You at the point of dispatch.
12.2 Alive Skin + Hair reserves the right to make changes to the Alive Skin + Hair Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
12.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
12.4 A failure or delay by Alive Skin + Hair to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Alive Skin + Hair does not preclude its future ability to exercise that or any other power or right.
12.5 These Terms and Conditions are governed by and must be construed according to the law of the State of Western Austalia, Australia and the parties submit to the jurisdiction of the courts in that State.
12.6 No Alive Skin + Hair employee or agent has the authority to vary any of the Terms and Conditions governing any sale.