Terms of Service

TERMS OF SERVICE FOR CLIENTS/CUSTOMERS

These Terms of Service apply to all customers or clients of The Beauty Fridge [ABN 52 630 137 058 ]  (“we, us, our”). We operate the website at www.thebeautyfridge.com.au , and your use of our website and services provided through it is conditional upon you accepting our Terms of Use and these Terms of Service and any other terms and conditions and policies we publish or link to on our website. “You” could be any customer or client of ours.

By clicking that you understand and agree, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase our products and services. We may change these Terms of Service at any time, and by continuing to use or access our website and services, you are accepting those changes.

You must be at least the age of majority in your state or province of residence older to purchase our products. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information. You agree to provide current, complete and accurate account and purchase information for any purchase made through our online shop. You must update your credit and debit card number and expiry dates, and Paypal details promptly so that we can complete your purchases.

OUR PRODUCTS

You must not use our products for any illegal purposes. You must comply with the manufacturer’s instructions at all times. Information provided by The Beauty Fridge is general in nature and does not constitute a skincare or medical professional, nor is it designed to treat a condition or disease. Individual product results may vary.

We may change prices for our products without notice to you. We may also discontinue any products at any time or change our range of products at any time without notice to you. We are not liable for any price changes, other changes, or any discontinued products.

Our products are only available through our website and our official stockists, and some products have limited quantities. We may also limit our sales of products to certain regions, jurisdictions or groups of people. We cannot guarantee that the products will always be available. We have the right to refuse, limit or cancel any order for our products, including, but not limited to, where an order appears to be by resellers or distributors.

The colours and images of products we display may differ on your screen to the colours and images of the actual products. We cannot guarantee the accuracy of the colours and images. The descriptions of products may also change without notice to you. There may on occasion be errors or omissions in product descriptions or product prices, shipping charges, delivery times and availability and promotions. We may, but are not obliged to, correct any errors or omissions or change and update information or cancel orders if information is inaccurate at any time, without prior notice to you.

Except as required by law we do not warrant the quality of the products or warrant that they will meet your expectations.

 PRE-ORDERS

We accept orders in advance for our products. You will be charge the full purchase price at the time of making the order. All pre-orders are final and we cannot cancel an order once made. In the event we are unable to process your pre-order, we will provide you with a full refund.

Please note we do not partially fulfil orders that contain a pre-ordered item. Your order will only be fulfilled once that item comes into stock. Please purchase separately if you wish to receive your in-stock items sooner.

DELIVERY OF OUR PRODUCTS

We deliver products purchased through our website to your nominated address. We will process your delivery promptly upon receipt of the full payment, and send your products via our courier company. Delivery time will depend on your delivery option. After we receive your order you should receive an estimated delivery date. You can track your order using the courier company tracking numbers sent to you after dispatch. You must contact the courier company in relation to any late, stolen, or damaged deliveries.

IMPORT FEES AND TAXES

The delivery cost for international online orders does not include any applicable import taxes and customs duties. You, or the recipient, are responsible for the payment of any applicable import taxes and customs duties for your order. Please be aware that duties and taxes are assessed on the combined value of the goods in your parcel. We recommend contacting your local customs authorities to calculate additional duties and taxes on your parcel upon arrival into your country.

CONSUMER GUARANTEES AND REFUNDS

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the products are of acceptable quality, fit for purpose and match the description we provide on our website. If a product fails to meet a consumer guarantee, please notify us at hello@thebeautyfridge.com.au . You will have the right to have the product replaced or refunded if it doesn’t meet a consumer guarantee. You will also have the right to the reasonable costs of the return postage.

If you believe a product does not meet a consumer guarantee please contact us within 14 days of receipt of the product and as soon as possible. 

We do not provide refunds unless required to under the Australian Consumer Law. This includes, but is not limited to where you change your mind, where a problem with the products is due to your misuse, failure to comply with manufacturer's instructions or where you fail to take reasonable care of the product.

GIFT OR BONUS WITH PURCHASE OFFERS AND BUNDLED ITEMS 

Where merchandise is purchased with a gift or bonus offer, the gift or bonus must also be returned (unless otherwise stated). If you are unable to return the gift or bonus or it is not in a saleable condition, the value of any available refund will be reduced by the value of the gift or bonus (in full or in part)

In the instance of bundle offers, all items within the bundle must also be returned or the value of the unreturned items will be deducted from any available refund.

WARRANTY LIMITATIONS AND EXCLUSIONS 

Any implied warranties relating to your beauty fridge, including but not limited to warranty of merchant ability or warranty of fitness for a particular purpose, are limited to the duration of this warranty. This limitation is not allowed by some states and so this limitation may not apply to you. Your remedy for breach of this warranty is limited to the warranty service described above. The Beauty Fridge will not be liable for any consequential damages or incidental damages you may incur in connection with your purchase and use of your mini fridge. This warranty gives you specific legal rights. You may also have other rights which vary by state. This warranty is not transferable.

Warranty coverage excludes products:

  • That we determine, in our sole discretion, to be free of any material or workmanship defects or flaws
  • Evidencing excessive wear, misuse or alteration
  • Damage from external sources such as weather
  • That show signs of
    • Improper care or storage
    • Altering or customization
  • Purchased second hand, or from an unauthorized seller
  • Outside of the covered warranty period

The manufacturer’s limited warranty does not cover cosmetic damages or clearing blockages from your beauty fridge.

PAYMENT

We accept debit card, credit card and Paypal, as methods of payment. Payment must be made in full at the time of sale or order.

We will also charge you a credit card surcharge, and any postage costs for refunds or exchanges that are not required to be given by law.

CANCELLATION OF ORDER POLICY

Except as required by law, all sales are final and no refunds are given. You acknowledge and agree that once you have placed and paid for your order we cannot cancel your order as it has been processed and paid for by us.

On occasion we may cancel an order where we are unable to fulfil it, for example where there is limited stock. In these or similar circumstances where we have to cancel an order, we will provide you with a full refund.

TERMINATION

We may refuse to provide products to you, or anyone, for any reason, at any time. In particular, if you breach these Terms of Service we may immediately terminate your use of our website and services and refuse to provide products to you. We can also change, suspend, or stop our website  and services or any part of it at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our website and services.

LIABILITY AND INDEMNITY

Your use of, or inability to use our website and services and any product is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our website and services or any products procured using the service, including, but not limited to, any errors or omissions in any content, price changes or discontinued products and/or services, loss or stolen products during delivery, any late delivery,  any links to third party websites, any interruptions, any changes, suspension or termination of our website and services.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

  •              the replacement of the products or services or the supply of equivalent products or services; or
  •              the payment of the cost of replacing the products or services or of acquiring equivalent products and/or services.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent product you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim  arising out of or in connection with your breach of these Terms of Service, or your violation of any law or the rights of a third-party,  third party links and services.

IF THERE IS A DISPUTE

If at any time our products are not reasonably acceptable to you or we disagree on the quality of the products you receive you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

These Terms of Use are to be construed in accordance with the laws of Victoria, Australia, and you and we submit to the jurisdiction of the courts of Victoria, Australia. This, together with the Terms of Use and other terms and conditions posted on our website is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of any inconsistency between these Terms of Service and any other terms on our website, these Terms of Service prevail. No other term is to be included in these Terms except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect.  All obligations and liabilities in these Terms of Service survive termination of this Agreement. 

DEFINITIONS

Australian Consumer Law means Schedule 2 of the  Competition and Consumer Act 2010.

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Client means you, a client, customer, or any other user who by using our services is agreeing to these Terms of Service.

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.

Product means our fridges and any other products we sell through our online shop from time to time.

We, us, or our means SVK Beauty Pty Ltd t/as The Beauty Fridge [ ABN 52 630 137 058 ] and includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.

Website and services means www.thebeautyfridge.com.au , and everything available on this website including, but not limited to, all services.