In this document:
Terms means the terms and conditions contained in this document, as amended by us and published on our Website from time to time.
We, us or our means Sea Siren Cosmetics Pty Ltd ABN 55 125 396 107.
Website means www.seasiren.com.au
All orders are to be placed via our Website. We reserve the right to refuse any order placed within 7 days of placement of that order.
These Terms apply to any order accepted by us.
Whilst we will take every effort to ensure that our products match the colour descriptions and samples provided on or Website, or otherwise, you acknowledge that the colour of products may vary slightly between batches and that we are unable to return goods in the event that the colour is not suitable to you.
All photographs, drawings, specifications, descriptive matter or advertising issued by us and any descriptions, illustrations or particulars of goods such as weights, dimensions, performance or other attributes provided by us are approximates only and do not form part of any contract as between us. Any deviation or error in these matters do not vitiate any contract between us or give rise to any claim in relation to those matters.
To the maximum extent permitted by law, we do not warrant or guarantee the quality or workmanship or fitness for purpose of any goods.
3. Your obligations
You must ensure that all information provided to us (including your name, address and contact details) is true, accurate and not misleading.
You must act reasonably and take reasonable care to protect your own interests, including managing all safety risks associated with the use of the goods, properly reading and following any instruction manuals, following any reasonable direction we may give and appropriately directing others in relation to these things.
4. Shortage and damaged goods
Details of any goods as recorded by us upon dispatch will be conclusive evidence of the quantity received by you on delivery unless you provide conclusive evidence proving the contrary within 7 days.
You waive any claims in respect of any shortages in or claimed damage to any goods delivered unless a notice of a claimed short delivery is provided to us within 7 days of delivery.
5. Delivery and storage
Any dates specified by us for delivery of the goods are approximate only. If no dates are so specified, delivery will be within a reasonable time. Due to regulations for dangerous goods, we are only able to ship quantities of up to 150 ml per package. We may deliver the goods in batches or in instalments.
You have no right of action for damages or otherwise against us and release us from any claim for loss or damage occurring by reason of any failure or delay in delivery for taking delivery in batches.
If you fail to take delivery of any of goods or to provide any instructions to enable the goods to be delivered, without prejudice to any other rights, we may store or arrange for the storage of the goods pending delivery but as it relates to the timing of payment for the goods under these Terms, delivery shall be deemed to have taken place at the date we store or arrange storage of the goods.
Any costs or expenses incurred in relation to storage, including related insurance, of goods pending delivery are payable by you.
You acknowledge that certain cosmetics (including nail polish) are considered a flammable liquid and can only be shipped by road transport.
6. Goods & Services Tax
Unless otherwise stated, all amounts and prices outlined on our Website are inclusive of GST. International orders will show prices exclusive of GST at checkout.
7. Price increases
Amounts and prices are in Australian dollars as stated on our Website at the time an order is placed.
8. Accounts and interest
Payment must be made at the time of order and before shipping. Payment methods are as set out on our Website from time to time.
We are not under any obligation to accept the return of any goods or to provide refunds however, we may do so only on terms satisfactory to us.
Only new, unused and unopened goods will be considered for return. Returns will not be considered for goods that were purchased more than 7 days prior to the requested return.
Any goods being returned to us, must be shipped at your own cost via road transport (for nail polish) within Australia.
Any agreed credit for returned goods will be processed once the goods have been received and checked by us.
We may terminate any order at any time without cause and in our absolute discretion.
You may only terminate any order with our consent and on terms which indemnify us from all costs and losses in respect of the order sought to be cancelled and pay such amounts within 14 days of the cancellation.
Subject to these Terms, on termination, the that part of the price paid (if paid in advance) will be refunded to you within 14 days of the cancellation of the relevant order, less the costs and losses associated with that order.
11. Release and indemnity
You acknowledge that all skin types are different. It may be that irritation is caused by our products as with any other cosmetics. If this occurs, you should discontinue your use of the product.
You hereby release and indemnify us and agree to forever keep us indemnified from any and all cost, damage, liability, expense or loss, including indirect, consequential and special losses, that we may incur in relation to you or any third party, where the cost, damage, liability, expense or loss is caused by or contributed to by the goods, any defect or fault in workmanship or design or their use or for any other reason whatsoever.
This indemnity applies to goods we have supplied, that are on loan to you, or are in your possession for demonstration or training purposes.
Risk of damage to or loss of the goods the subject of an order passes to you immediately upon dispatch from us, that is, whilst on transit for delivery to you or where we are storing the goods for you pursuant to clause 6 at the date we store or arrange storage of the goods for you.
We do not provide any warranties in relation to any goods. Any warranty or condition which would otherwise be implied in any agreement between us or in these Terms (including, but not limited to, merchantability, suitability or fitness for purpose, quality, design, assembly, installation, operation or otherwise) is expressly denied and is excluded to the maximum extent permitted by law.
14. Contractual limitation of liability
To the extent permitted by law, and notwithstanding Clause 11 entitled “Release and Indemnity”, our liability to you in respect of any cost, damage, liability, expense or loss (including those caused or contributed to by our negligence or breach of any condition or warranty) is limited to, at our absolute discretion:
(i) replacement of the goods or the supply of equivalent goods;
(ii) repair of the goods supplied;
(iii) repay the purchase price to the extent payment has been received from you; or
(iv) payment of the cost of replacing, repairing or acquiring equivalent goods.
15. Intellectual property
In this clause, “intellectual property” means all methodologies, processes, inventions, discoveries and novel designs whether or not registrable including any invention of or developments or improvements to equipment, methods or techniques.
All rights we may hold in any intellectual property associated with goods sold or delivered remains our property, whether under licence from another or otherwise.
16. Force majeure
Each of us will be released from our respective obligations under these Terms and any accepted Quotes (except as to payment and indemnity) in the event of national emergency, war, prohibitive governmental regulations or where any other cause beyond the reasonable control of either you or us, including strike, riot, lockout or trade disputes for a period of 7 days or more renders provision of the goods the subject of an accepted Quote impossible.
Further, you expressly consent to us using any personal information or any other information we hold on you for the purposes of investigating our creditworthiness including but not limited to conducting a credit check on you.
All notices required or permitted to be given under our Terms must be in writing and given by personal service, pre-paid postage, facsimile transmission or e-mail transmission at the addresses of the parties as stated in communications between us from time to time.
(c) No waiver
No right under our Terms will be waived except as expressly agreed in writing and signed by us. We will not waive a right if we grant an extension or forbearance to you.
A waiver by us of any matter does not prejudice our rights in respect of any subsequent or other matter. Any non- exercise or partial exercise of, or any delay in exercising any right or remedy does not constitute a waiver of that right or remedy.
These Terms may only be amended in writing signed by each of us.
(d) Independent legal advice
You acknowledge that you have had adequate opportunity to obtain independent legal advice as to the meaning and effect of our Terms before they were accepted.
(e) Entire agreement
These Terms supersede all previous agreements between us and embody the entire agreement in relation to any accepted Quote or any other arrangement between us (except that other arrangement is governed by specific terms identified in a separate signed agreement between us in relation to that other arrangement).
Any previous correspondence, negotiations or representations between us do not bind either us or you and neither we nor you can rely on them.
We may delegate or sub-contract the performance of any obligation in our absolute discretion.
(g) No assignment
You may not assign the benefits or obligations under any agreement with us to any entity without our consent, which may be withheld in our absolute discretion.
If (but for this clause) a provision of these Terms would be illegal, void, unenforceable or contravene any law, these Terms are to be varied so as to give effect to the intention of the Terms or severed without affecting the enforceability of the other provisions and failing that, the offending provision is to be interpreted as if the provision was omitted.
(i) Disputes and arbitration
All questions, disputes or differences which arise between us with respect to these Terms or its subject matter are to be referred to a single arbitrator in accordance with the provisions of the Commercial Arbitration Act 1984 (NSW) or any re-enactment or statutory modification of that law for the time being in force.
(j) Governing law and jurisdiction
These Terms and the transactions contemplated by them are governed by the law of New South Wales, Australia.
We each irrevocably submit to the jurisdiction of the courts of New South Wales, Australia and all courts called to hear appeals from the courts of New South Wales in respect of the Terms or its subject matter.
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