Terms & Conditions

OVERVIEW

This website is operated by Her New Favourite Cosmetics. Throughout the site, the terms “we”, “us” and “our” refer to Her New Favourite Cosmetics. We offer 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 these Terms of Service (“Terms”), including any additional terms, policies, and notices referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions, then you may not access the website or use any services.

Any new features or tools added to the current store will also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically for changes. Continued use of the site following any updates constitutes acceptance.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least 18 years of age, or that you have obtained parental or guardian consent to use this website.

Our products are intended for personal, lawful use only. You may not use our products or services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to intellectual property and consumer protection laws).

You must not transmit any worms, viruses or malicious code. A breach of any Term will result in immediate termination of your access to the Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that content you submit (not including credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements.

All payment information is always encrypted during transfer via secure third-party providers.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or website content without express written permission from us.

SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

We strive to ensure the accuracy and completeness of information on this site, but we do not guarantee it is current, accurate, or free from error.

Content on this site is provided for general information only and should not be relied upon without consulting more accurate, complete or timely sources.

We reserve the right to modify the contents of this site at any time, but have no obligation to update any information.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right 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.

SECTION 5 – PRODUCTS OR SERVICES

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to our Return Policy.

We make every effort to display the colours and images of our products as accurately as possible, but cannot guarantee that your monitor’s display will match the product.

We reserve the right to:

  • Limit sales of our products or Services to any person, geographic region or jurisdiction;
  • Limit the quantities of any products or services we offer;
  • Discontinue any product at any time;
  • Refuse or cancel any order at our discretion.

All product descriptions and pricing are subject to change at any time without notice.

SECTION 6 – BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete, and accurate purchase and account information for all purchases made via our site.

You are responsible for keeping your account information (including delivery address and contact details) accurate and up to date.

We reserve the right to cancel or limit orders that appear suspicious, fraudulent, or violate our policies, including:

  • Multiple orders under the same account;
  • Multiple accounts with similar payment details;
  • Orders using false or unverifiable information.

Refer to our Returns Policy for more information.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control or input.

These tools are provided “as is” and “as available” without any warranties or representations. Your use of these tools is entirely at your own risk.

Any new features or services introduced through the website shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

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 websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those sites and disclaim any liability or responsibility for third-party content.

Please review the third-party’s terms and conditions before engaging in any transactions.

SECTION 9 – USER COMMENTS, FEEDBACK & SUBMISSIONS

If you submit any ideas, comments, suggestions or other materials (collectively “User Content”), you agree that we may use, edit, copy, publish, and distribute it without restriction and without obligation to compensate you.

You agree that your submissions will not violate any third-party rights or contain unlawful, abusive, or misleading content.

We reserve the right to remove or moderate content at our sole discretion.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the site is governed by our [Privacy Policy].

SECTION 11 – ERRORS, INACCURACIES & OMISSIONS

We may occasionally display information that contains typographical errors, inaccuracies, or omissions (e.g. pricing, product descriptions, availability).

We reserve the right to:

  • Correct any errors;
  • Change or update information; or
  • Cancel orders if any information is inaccurate at any time without prior notice, including after orders have been submitted.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions in these Terms, you are prohibited from using the Site or its content:

  • For any unlawful purpose;
  • To solicit others to perform unlawful acts;
  • To violate any international, federal or local regulations;
  • To infringe on our or others' intellectual property rights;
  • To harass, abuse, insult or intimidate others;
  • To upload viruses or malicious code;
  • To spam, scrape, or collect personal data without consent.

Violation of these prohibitions may result in immediate termination of your Services and possible legal action.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee uninterrupted, timely, or error-free service.

Our products and services are provided “as is” and “as available” without any warranty.

To the maximum extent permitted by law:

  • We are not liable for any indirect or consequential damages;
  • Our total liability is limited to the amount you paid for the product related to your claim.

Where liability cannot be excluded under Australian Consumer Law, it is limited to replacement, repair, or refund.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless Her New Favourite Cosmetics, its directors, employees, and affiliates from any claim arising out of your breach of these Terms or violation of any law or third-party rights.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be severed and the rest of the Terms will remain valid and enforceable.

SECTION 16 – TERMINATION

These Terms are effective unless and until terminated by either party.

You may terminate at any time by ceasing use of the site. We may terminate or suspend access to our Services without notice if you breach these Terms.

Obligations incurred prior to termination shall survive.

SECTION 17 – ENTIRE AGREEMENT

These Terms, including any policies or rules posted by us, constitute the entire agreement between you and us and supersede any prior agreements, communications, or proposals.

SECTION 18 – GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia. Disputes shall be resolved exclusively in the courts of that jurisdiction, except where prohibited by local consumer law.

SECTION 19 – CHANGES TO TERMS OF SERVICE

We may update or change these Terms at any time. Updates will be posted to this page and are effective immediately upon publication.

Your continued use of the Site constitutes acceptance of the updated Terms.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service can be sent to us the Contact tab on our site.