We are L'Oréal Australia Pty Limited (ABN 40 004 191 673), and our registered office is at 564 St Kilda Road, Melbourne, Victoria 3004 (L'Oréal/us/we/our). By using the Site to place and order for Products, you accept these Terms.
From time to time we may update these Terms. Please check them before you place a new order to see if there are changes. If you place an order using the Site, this will constitute your acceptance of these Terms and any updates.
1) Key terms of sale
- You may not order more than 6 units of any item per size, and per day via the Site; and your total product price paid per day may not be more than $1000 per customer. You may not order more than 10 products with the same SKU in one calendar month. If an order is more than these limits, we have no obligation to fulfil the order. We may update these limits from time to time either here in these Terms, or on the Product page.
- Products purchased via the Site are for personal use only. They must not be used in your professional capacity, and must not be re-sold for commercial purposes.
- We can only deliver within Australia, and to physical addresses. Orders with a PO Box as the delivery address will not be processed.
- If you place separate or consecutive orders, we won't be able to combine or consolidate them into one delivery, and separate delivery charges will apply to each order.
- From time to time we may make promotional discount codes or other offers available for Products purchased via the Site (eg gift with purchase). The particular use of those codes or offers (including specific terms or conditions) will be described at the time they are made available.
2) Appearance of Products on the Site
- The Site contains text, code, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trade marks, service marks and other material (Content) in relation to our Products.
- We do our best to ensure the Site and its Content is accurate, but we do not guarantee or give any warranty that it is complete, accurate or fully up to date. For example, photos of the Products are for illustration only. We aim to ensure that the shade and image of our Product photos accurately represent the Products as purchased. However variations can occur for things like colour and transparency or how opaque a product looks when used, particularly because of technical limitations in reproducing colour on screens. As a result, we don't recommend that you only rely on the photos on the Site. To the extent permitted by law, we will not be liable for errors, variations or inaccuracies in Content on the Site.
3) Product Availability
Your purchase of Products is subject to their availability. If a Product is not available, we will let you know as soon as we can. We're not obliged to supply Products, and we aren't liable if a Product is out of stock or unavailable. If we notify you of a Product's unavailability after your order is accepted, you can either cancel the whole order and we will refund you for it; or you may wish to cancel the order for the out of stock Product, and proceed with the remainder of the order; or (depending on the particular Product) we may be able to hold your order until new stock arrives.
4) Price and delivery costs
The prices of the Products are in Australian Dollars and include GST. Delivery costs are separate. They are set out in the Shipping section, and will be added to the price of the Products to give your total price payable. We may change Product prices and delivery costs from time to time. You will be required to pay the total price via the Site which is published at the time you submit your order.
5) Orders and payment
- To place an order, you need to provide us with the information in our order form page, including your name and delivery address, as well as an email we can send your confirmation to. You're responsible for any errors in your order which you cause, including if you type in an incorrect delivery address or email. We're not responsible or liable for any losses if you provide inaccurate or incomplete details.
- Once you submit your order, it can only be cancelled or changed if we agree to do so: you should check your order carefully before submitting it.
- You must pay for your order in full at the time you submit it. An order is only confirmed once we receive your payment. We will send you a confirmation email about your order, as well as an email when we have dispatched the Product you've ordered.
- The record of the transaction generated from the Site is proof of the purchase of Products, including if there's a dispute between you and us about the purchase.
- We can refuse orders if: they are over the number or dollar value limits; if we have an existing dispute with you; if you've failed to pay for part or all of a previous order; or, if your payment authorisation is refused by your banking organisation.
- If there has been a genuine human or system error on our part (eg a price or a Product description), we don't have to fulfil an order which is affected by that error, and we will give you a refund. If only part of an order is affected by an error, we will refund you for that part, but we will fulfil the rest of the order. We can also correct any errors, inaccuracies or omissions, without further notice to you.
- We can also refuse or cancel orders at any time without giving you any reason at all.
- As part of our fight against fraud, information about orders will be analysed by our payment partner.
- Products remain our property until we receive full payment. Risk in the Products (including damage or theft) transfers to you once the product is delivered.
- Orders are usually prepared by our logistics centre located in Dandenong, Victoria, Australia, then dispatched by our delivery agent. Delivery times will vary depending on a number of factors, including Product availability, the capacity of our centre, supplier delivery of Product to us, and any delays experienced by our delivery agent. We are not responsible or liable for any delay in delivery. If your order is late, email us at email@example.com and we will follow it up with our delivery agent.
- Once you receive your Products, you should check that they match your order. Please tell us immediately if they are not correct. Subject to applicable law, we may still reject any delivery complaints if we receive them more than 7 working days after you receive the delivery.
7) Our Products, returns and defects
- If we give a warranty or guarantee about a Product, it applies in addition to your other rights and remedies under the Australian Consumer Law, and any other applicable laws. Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
- However, to the extent possible under law, we exclude all implied terms and warranties, whether statutory or otherwise, relating to these Terms, the Site, ordering, delivery and the Products. We will not be liable for any expense or injury (including indirect loss, such as revenue, profits, goodwill or business opportunity (in contract, tort, under statute or otherwise, however caused, including directly or indirectly in connection with these Terms, the Site, ordering delivery and the Products. Any liability we have to us is reduced to the extent that you cause or contribute to the loss or damage.
- We cannot refund or exchange Products if you simply change your mind.
- If you receive a Product which has been sent in error, or which doesn't comply with its specification, contact us immediately at firstname.lastname@example.org. You must return the affected Product to us within 7 working days of you receiving it, in its original form and packaging. Once we receive it, we will inspect it and investigate any claimed defects as quickly as possible. If we determine that the Product is defective, or if it has been sent to you in error, we will either refund the price you paid and the postage costs, or we will exchange the Product and send you an alternative, at our election.
- We may determine that the Product is not defective or has not been sent to you in error, including on the basis that you have not used the Product in accordance with its instructions, or if you have failed to take reasonable care, or for some other reason outside of our control. In this case, we may reject your claim, and return the Products to you at your cost. However nothing in these Terms limits your rights at law.
- If a Product is subject to a recall, we will do our best to notify you, and arrange for the Product to be returned.
- If you Purchase a Product as a gift, or otherwise for delivery to someone who isn't you, you consent to use contacting the recipient if we need to, including if there is a recall.
- We're not liable if the Site, the Products, ordering, our staff, or the delivery of Products are affected by events which are outside of our control. For example, events which are outside of our control include things like war, riots, terrorism, strikes, and insurrection; security hacks or interruptions, technical failures affecting computers, hardware, software, and telecom lines; unauthorised access to the Site's services or our systems; and natural or human-caused disasters, such as fire, flood, explosion, cyclone, earthquake, or storm, or even the threat of such an event. If there is such an event, we will let you know as soon as we can. If the event continues for 30 days, we may cancel the order and we will reimburse you, where applicable.
- If one or more parts of these Terms is deemed or declared invalid under a law, regulation or following a definitive decision by a court having jurisdiction, the other provisions remain in effect.
- These Terms, and the order confirmation sent to you together form the entire agreement between us, and they apply to the exclusion of all other documents. If the Terms and order confirmation are inconsistent, the Terms prevail.
- These Terms and the contract between you and us are governed by the laws of Victoria, Australia.