The following is the terms of the agreement between Cosmetics Payments Pty Ltd (Company) and the buyer (Buyer) of goods or services through the Company's website www.cosmeticsnow.com (the Site). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:
1. Introduction. Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
2. Setup and Payment. Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
3. Copyright. The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
4. Editing, Deleting, and Modification. Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
5. Right to Refuse. Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
6. Indemnification. Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site and from the use of any product(s) purchased from the Site.
7. Non-Transferable. Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
8. Disclaimer. The service, content, goods and services from or through the service are provided "as-is," "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Company, for any reason, and buyer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the particular items purchased. Company and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between company and buyer. This site and goods and services would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.
9. Shipping Policy. Our Shipping policy is published on our website here and is subject to change at any time without notice. Item are dispatched from multiple locations which may result in split orders delivered in multiple parcels.
10. Taxes and Duties Policy. You, the customer, agree to be the importer for all legal purposes of any product/s you purchase and you agree to accept all liability for any taxes and/or duties that may be applied when the goods are cleared through customs.
11. Ownership of Goods Policy. You, the customer, agree that ownership of the goods you purchase is passed to you immediately upon dispatch of the goods.
12. Coupons. On occasion Cosmetics Now may provide coupon codes to customers to allow for discounts. Unless otherwise specificed these coupon codes may expire at any time, at the sole discretion on Cosmetics Now. For a coupon code to be valid it must be entered at the time of purchase, customers are unable to have coupon codes retrospectively applied to their orders.
13. Refund Policy. If a product purchased is defective or not to Buyer's satisfaction, Buyer can return the product in its original condition within 14 days of receipt. In such event, Company shall provide Buyer a refund). If Buyer has ordered the wrong product, then Buyer may return for a full refund, however, the items must be unopened and unused. This Section 9 sets forth Buyer's sole and exclusive right to refund.
14. Use of Information. Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer's use of the Site and all information provided by Buyer, subject to applicable law.
15. Miscellaneous. This Contract shall be treated as though it were executed and performed in Victoria, Australia and shall be governed by and construed in accordance with the laws of Victoria, Australia. Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Contract shall be brought solely in Victoria, Australia, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
(i) Reviews must be moderated by Cosmetics Now staff before appearing on the website.
(ii) Reviews for non verified purchases are currently awarded 10 rewards points upon being successfully moderated and appearing on the website.
(iii) Reviews for verified purchases (when a customer has purchased the item from us) will be awarded 40 rewards points upon being successfully moderated and appearing on the website.
(iv) We reserve the right to choose not to moderate a review for any or no reason.
(v) We reserve the right to rate limit the amount of reviews a customer is making if we feel that it isn't in the spirit of the rewards and reviews system.
17. Rewards Points.
(i) Cosmetics Now reward points are available to registered members only and may only be collected and used after purchasing products online at the Cosmetics Now website.
(ii) Rewards may only be redeemed at the Cosmetics Now website.
(iii) Reward points may not be transferred to any person or entity, between members or individual member accounts and are not exchangeable or redeemable for cash.
(iv) Reward Points will be refunded for any cancelled order.
(v) If points are used to pay for a purchase it may be necessary to select an additional payment method if the value of the points does not cover the full value of the purchase.
(vi) When calculating the amount of points earned, shipping fees, taxes and any other discounts applied are excluded.
(vii) If reward points are not redeemed within 12 months of acquisition they will be expired.
(vii) Points accumulated for subscription to our newsletter will be forfeited if you unsubscribe from the newsletter at any time.
(ix) We reserve the right to alter the Rewards Points terms and conditions and payment Schedule at any time.
(x) The current Rewards Points Schedule is published below and subject to immediate change without notice.
(xi) We reserve the right to amend memberâ€™s points balances at any time for any reason or without supplying a reason.
(xii) We reserve the right to withdraw or terminate the rewards program at any time by providing seven days' notice on the website.
(xiii) We exclude all liability to you arising out of or in connection with your participation in the rewards program.
18. Trademark Rights Holders.
Any importation into the European Economic Area is carried out by the purchaser. If you are the owner or licensee of a trade mark registered within the European Economic Area (EEA), or an agent or legal representative acting on behalf such an entity, and you purchase a product from our website which uses that trade mark, you agree that such purchase (and any subsequent importations you make into the EEA of products purchased from our website) is made with your express consent to import those products and place them on the EEA market. By so purchasing you further agree to waive any rights to claim trade mark infringement against us and to indemnify us for the costs of any such action that you may bring.
Rewards Points Schedule
1. Bonus for orders made before rewards started - 20 points
2. Product Reviews (non verified purchase) - 10 points
3. Product Reviews (verified purchase) - 40 points
4. Orders - $1 = 1 Point