In these Terms:
- Sales Terms means the terms and conditions applicable to all orders for and purchases of products from the Glam Couture online boutique https://glamcouture.com.au/terms-conditions/
- Shop means the online GLAM COUTURE store which you may access, and purchase products from, via the Website.
- ‘us, ‘we’ and ‘our’ means Glam Couture.
- Website means www.glamcouture.com.au and any subdomains, all related top-level domains, mobile sites, apps, APIs and widgets.
These Terms may be amended at any time and we recommend that you refer to the Terms each time you use this Website. The amended Terms will be effective from the date they are posted on this website. Your continued use of this Website will constitute your acceptance of the amended Terms. Your right to access and use this Website will immediately cease if you breach any provision of these Terms.
If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have, including taking any future action.
Our products are for sale to adults over 18 years of age. By proceeding to purchase through our website, you acknowledge that you are over the age of 18.
We endeavour to ensure that our product list is current however, we give no assurance as to the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD) and are exclusive of GST. We reserve the right to amend our prices at any time.
Packaging and postage is an extra charge, calculated at time of purchase. If ordering larger bulkier items an additional postage may apply depending on where you are located. A store credit may be applied towards the postage costs at our discretion. This amount is not refundable and can only be applied as a credit to your next order.
When you order from us we require your name, address, email address, telephone contact and credit card details. By using PayPal in our shopping cart, we have no access to any of your card details, the transaction is solely processed with PayPal. We do undertake great care with your personal contact information; however, in providing us with such information, you accept that we are not liable for it’s misuse due to error in transmission or virus or malware.
Delivery options for your ordered product/s are set on our Website on our “Shipping” page. The options are available for selection on our checkout page. Once approved and payment is received, your goods will be shipped. Terms of payment are set out on the checkout page.
All orders are dispatched with Authority to “Leave no signature required”. PLEASE NOTE – Each order is given a tracking number and if the order states parcel delivered, we are under no obligation to replace your order if your parcel goes missing thereafter. Also, if you require a signature and redelivery attempts are made or the order is shipped back to us as undeliverable and we are charged for this by the carrier, we will invoice you for these additional charges. Redelivery can be $10 for each time tried.
If you give us the wrong shipping details and your parcel is dispatched, we take no responsibility for the missing parcel and will not give any refund for the missing parcel. If the parcel is returned back to us you will be charged a postage fee for the re-delivery of your goods.
There is minimal insurance against loss of package. All risk of loss or damage to the goods passes to you when we dispatch your order. We recommend you choosing the ‘Signature on Delivery’ option on checkout to ensure delivery.
Order Cancellation Due To Error
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
You will need to create an account to access certain features of our website to track your purchase history and/or store your billing and shipping details.
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carries out under this email address, including all purchases made through this account via our Shop.
To create an account, you must:
- Be at least 18 yrs of age
- Possess the legal right and ability to enter into a legally binding agreement with us
- Agree and warrant to use the Website in accordance with these Terms.
We are entitled to delete, suspend or change your account profile at any time, without notice, in the event of a breach or suspected breach of these Terms.
We may disclose your personal information to third parties that help us supply our products and services (including information technology suppliers and third party payment solutions suppliers) or as required by law. If you do not provide this information, we may not be able to supply and deliver products or provide all of our services to you.
If you register for our newsletter, it will be sent to the email address you provide on registration. It is your responsibility to update your personal details if they change, including your email address.
If you no longer wish to receive the newsletter, you can unsubscribe at any time by clicking the unsubscribe link in each newsletter.
Purchases from our online boutique
If you order or purchase any products from our online boutique, then the “Returns – Exchanges & Refunds” terms will also apply (in addition to these Terms) in relation to all your orders for and purchases of products.
The products, process and promotional offers (if any) made in the online boutique only apply to orders placed online.
Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website and in our Newsletter, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this Website and our Newsletters. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may from time to time and without notice, change or add to the Website (including the Terms) or the information, products, prices or services described in it. However, we do undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.
We strive to ensure that our products are described as accurately as possible on our Website, however we do not warrant that the description is accurate. Where we become aware of an inaccurate description, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any image will reflect or portray the full design or options relating to that product.
Our Website may contain links to websites operated by third parties. Such links are provided for your convenience and may not remain current or be maintained. Unless stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking. Any linking needs to have been granted permission by Glam Couture to do so.
Promotions and competitions
For certain campaigns, promotions or competitions, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or competition, you need to agree to the relevant terms and conditions applicable to that campaign, promotions or competition. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Intellectual property rights
Unless otherwise indicated, we own, license or have the right to use from third parties all the content and material (including all text, graphics, photos, moving images, videos, illustrations, artwork, logos, audio and software) made available on this Website (content) and all intellectual property rights in the Content and Website.
Your use of this Website, use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. We do however, grant you a licence to access the Website and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
You must not violate our intellectual property rights in the Content and/or the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Consent and/or the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will violate our intellectual property or other rights.
We grant you permission to download and view digital and/or physical copies of the Content only for your personal and non-commercial use and on condition that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). You may not reproduce or use the Content for any other purpose without our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have the licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written consent.
All rights not expressly granted are expressly reserved.
Restrictions on the use of our Website
In accessing or using our Website you agree that you will not:
- Use any automated device, software, process or means to access, retrieve, scrape, or index the Website or any content on the Website without our express written permission;
- Use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website;
- Undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider unreasonable or disproportionate site usage;
- Use or index any content or data on the Website for purposes of competing with us in any manner that we have not specifically authorised;
- Transmit spam, chain letters, competitions, junk email, surveys, or other mass messaging, whether commercial in nature or not;
- Violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
- Pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
- Reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Website or any content on the Website, except as expressly authorised by us;
- Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
- Use the Website or any content from the Website in any manner which is in our opinion not reasonable and/or not for the purpose it is made available; or
- Act in breach of any term or condition of use or other condition imposed by us or any law.
We reserve the right to administer whatever means we consider necessary to prevent unauthorised access to or use of the Website, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.
Selling & Hiring/Renting Products
Under no circumstances do we allow the renting of our products. We do not sell our products to any business or company that will hire/rent to customers nor will we offer such renting services ourselves.
Compliance and applicable laws
You acknowledge and agree that you will be personally responsible for ensuring that your use of our Website complies with all laws that are applicable to you.
- You use our Website at your own risk.
- To the maximum extent permitted by law, including the Australian Consumer Law, we make no guaranties or representations about this Website or the Content, including but not limited to guaranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
- You acknowledge that access and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control.
- We cannot ensure that any files you download from the Website will be free of viruses, contamination, destructive features or that the data you upload onto our systems will never be accessed without our consent or that our systems are impenetrable.
- We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party in relation to your use of the Website.
- We reserve the right to restrict, suspend or terminate your access to this Website, any Content, or any feature of the Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the full extent permitted by law, including the Australian Consumer Law, in no event shall we, our related entities, officers and agents be liable for any direct and indirect loss, damage or expense irrespective of the manner in which it occurs (including our negligence) which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information on materials contained on it (including Third Party Content) are incorrect, incomplete or not up-to-date.
To the maximum extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
If you constitute a consumer under the Australian Consumer Law while accessing the Website, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your use of the Website. If we are entitled to grant solutions available to you for breach of such guarantees, we limit our liability to either supplying the affected services again or paying the cost of supplying the services again.
You indemnify us against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third party claims incurred by us in connection with or arising from, whether directly or indirectly, as a result of your breach of these Terms, your use or access of the Website or any violation by you of any applicable.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Jurisdiction and governing law
Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Survival Of Terms
All provisions of these Terms that by their nature should survive termination of your access to the Website shall survive including all limitations on liability, disclaimers, choice or law and intellectual property protections.
You may report any suspected violation of these Terms to us by using the following email link firstname.lastname@example.org. We will investigate the matters and take any actions we consider appropriate.