Femme Fatale Cosmetics General Terms and Conditions
Femme Fatale Cosmetics provides you with access to femmefatalecosmetics.com.au subject to the following terms and conditions. If you access, visit or shop on femmefatalecosmetics.com.au, you accept these terms and conditions. Please read them carefully.
- Electronic Communications
a. By placing an order online, you consent to receiving emails from us to complete the ordering process, e.g. to confirm your order and to provide fulfillment and delivery updates.
b. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Your Account
a. You must provide accurate and complete information about yourself when requested by a relevant form on this website.
b. You are responsible for maintaining the confidentiality and security of your account, password and computer. All activity made under your account is your responsibility.
c. Persons under the age of 18 may only use our website only with involvement of a parent or guardian.
d. You agree to indemnify Femme Fatale Cosmetics from any loss or damage to Femme Fatale Cosmetics arising from your use of femmefatalecosmetics.com.au, any breach by you of these terms and conditions of use, or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory.
- Product Use
a. Femme Fatale Cosmetics is not liable for any misuse of our products including but not limited to using our product in any way other than the prescribed method.
b. It is the buyer and/or receiver’s sole responsibility to asses our products and determine whether they are suitable for your personal use. Femme Fatale Cosmetics is not to be held liable for any damages or ailments arising from the use of our products.
- Reviews and Comments
a. We may allow visitors from time to time to post reviews, comments or other content, make suggestions or comments, providing always that such material must be posted from your genuine email address, may not be (in Femme Fatale Cosmetics’ sole opinion) impersonating another person or entity, spam, political, illegal, offensive, obscene, threatening, defamatory, invasive of privacy, a breach of intellectual property rights, or otherwise damaging to any party. We reserve the right (but not the obligation) to remove or edit such content.
b. If you do post content or submit material, and unless we indicate otherwise, you grant femmefatalecosmetics.com.au and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
c. You grant femmefatalecosmetics.com.au and its associates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify femmefatalecosmetics.com.au or its associates for all claims resulting from content you supply. femmefatalecosmetics.com.au has the right but not the obligation to monitor and edit or remove any activity or content. femmefatalecosmetics.com.au takes no responsibility and assumes no liability for any content posted by you or any third party.
- Placing of orders
a. In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the Site.
b. If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
c. Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and send you an email confirmation of that order.
d. In certain circumstances, we may need to cancel your order after it has been processed and provide you with a full refund. This includes (but is not limited to) where we suspect the transaction has been made without the authority of the credit card holder.
e. We will do our best to ship preorder products in accordance with their expected ship date. Any changes will be notified at https://femmefatalecosmetics.com.au/preorder/
f. You are responsible for keeping your shipping and contact information up-to-date to ensure proper shipment of any preorder products. Please email us at firstname.lastname@example.org if you need to update any of this information.
g. You will be charged at time of placing a preorder. All preorder items are final sale, and cannot be cancelled.
- Delivery of Products
a. After ordering online, you will receive an email confirmation from Femme Fatale Cosmetics containing your order number, details of your order and a link to track its progress. However, on account of the nature of the internet we cannot guarantee receipt. Please add the Femme Fatale Cosmetics email address in your contact address book to ensure emails are not sent to junk mail or blocked by your fire wall.
b. Australia Post, Aramex Couriers, USPS & DHL deliver our products, and will only deliver products ordered through the Site to a location where we provide delivery services. To see our shipping information please go here.
c. You may receive multiple deliveries for your order and these are described at the point of checkout.
d. The delivery fee for your order depends on the option chosen at checkout.
e. You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order. If no-one is available to collect your order at the time that is delivered, Australia Post, Aramex, USPS or DHL will leave instructions on how to proceed. Please CHECK YOUR TRACKING to ensure you do not miss delivery attempts.
f. You acknowledge that placing an order without insurance means a refund will not be applicable in the event of transit loss or damages.
g. The expected shipping date for preorder products will be clearly noted on each product page, subject to reasonable delays in manufacturing and/or delivery. Such date is only an estimate, is subject to change, and Femme Fatale Cosmetics does not represent or warrant that it will be able to ship the product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, Femme Fatale Cosmetics is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. In the event of preorder stock not being supplied, whether through manufacturer issue or delivery damages, Femme Fatale Cosmetics will contact the buyer and refund the affected items.
- Payment Methods
a. We accept most major credit cards including Visa & MasterCard through PayPal. Australians may utilise Afterpay as well (requires an Australian-issued card).
b. Please be sure to provide your exact billing address and telephone number – the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order.
c. Your credit card or PayPal account will be billed as soon as your order is placed and you will be emailed a tax invoice as soon as you complete your online order. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back via your original payment method. These refunds may take several business days to appear on your statement.
a. We grant you a limited license to access this site for personal use. You may not modify, copy or otherwise deal with it without our express written consent.
b. We reserve the right to suspend or deny your access to any or all of the pages on femmefatalecosmetics.com.au. We will not be liable to you or any other party for termination of access to the site.
c. We reserve the right to temporarily or permanently interrupt or disable some or all services on femmefatalecosmetics.com.au at any time.
- Intellectual Property
a. All material on site and that subsisting under it (including but not limited to text, images, data and software) is our property, or that of our suppliers, and is protected by intellectual property laws.
b. You may not use our trade marks in connection with any product or service that is not our, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.
c. All other trademarks not owned by Femme Fatale Cosmetics or its related companies that appear on this site are the property of their respective owners.
d. You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
e. You may not in any way commercially exploit any material obtained from femmefatalecosmetics.com.au
- Third Party Websites
The Femme Fatale Cosmetics website contains links to other websites controlled by third parties (Third Party Websites). Femme Fatale Cosmetics is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites. Femme Fatale Cosmetics makes no representations about the quality or accuracy of material available on Third Party Websites or that such material does not infringe the intellectual property rights of a third party.
- Warranties and limitations of liability
a. This website is provided “as is” and Femme Fatale Cosmetics excludes all warranties of any kind to the fullest extent permissible by law. Femme Fatale Cosmetics does not guarantee the accuracy or completeness of the website, any information or content on it, or that it is free of defects or viruses.
b. To the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of this website or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you.
c. Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.
a. In these Terms and Conditions:
i. We, our or us, femmefatalecosmetics.com.au and Femme Fatale Cosmetics means Femme Fatale Cosmetics Pty Ltd (ABN 54 619 067 640) and includes its related companies, directors, employees and agents;
ii. You or your means the person or customers using the website;
c. These terms shall be governed by and construed in accordance with the laws of Queensland, Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Queensland, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
d. Any failure by Femme Fatale Cosmetics to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
e. These Terms and Conditions will be interpreted so that they do not infringe any law or are not invalid. If any term infringes any law or is invalid, it will be read down so that it does not infringe any such or is not invalid. If this is not possible, the term will be severed from these Terms and Conditions without affecting the validity of the remaining terms.
Copyright © 2015 Femme Fatale Cosmetics. Last updated 10-02-22.