Jessie E Terms and Conditions
We thank you for visiting the Jessie E Makeup & Beauty website (“Website”). This website is owned and operated by Jessie E (ABN 96362100183) (“Jessie E”). By accessing and/or ordering from this website, you agree to our Terms and Conditions listed below.
1. General
1.1 Jessie E may vary or replace any terms in these Terms and Conditions at any time.
1.2 These Terms and Conditions are governed by and construed in accordance with the law of the state of Victoria, Australia. You and Jessie E submit to the jurisdiction of the state of Victoria.
1.3 Nothing in these Terms and Conditions purports to mofidy, limit or exclude any right or remedy you may have under the Australian Consumer Law, found in Schedule 2 of the Competition and Consumer Act 2010 (“ACL”).
1.4 If any of these Terms and Conditions are unenforceable under any applicable State or Federal law, it must be read down to be enforceable. If it cannot be read down, the term must be severed from these Terms and Conditions without affective the enforceability of any other terms.
Details3. 1.5 Jessie E does not waive any right relating to these Terms and Conditions unless it is waived in writing. A single or partial waiver of any right contained in these Terms and Conditions will not prevent any other exercise of that right or any other rights under these Terms and Conditions.
1.6 Jessie E does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the products other than provided for pursuant to these Terms and Conditions or the ACL.
2. Privacy Policy
2.1 This Privacy Policy sets out how we might collect, hold, use or disclose your personal information in accordance with the Australian Privacy Principles (“APP”). Pursuant to the Privacy Act 1988 (Cth). A copy of the APP’s may be obtained from the website of The Office of the Australian Information Commissioner at www.oaic.gov.au.
2.2 By accessing and using the Website or providing us with your personal information by any other means, you consent to us collecting, holding, using and/or disclosing any of your personal information in accordance with this Privacy Policy.
2.3 Jessie E reserves the right to collect and store information about you in accordance with this Privacy Policy, which may be varied from time to time. We may disclose this information to trusted third parties including contractors, subcontractors, our professional advisers, regulatory and government authorities or third party adviser who assist us with the purpose for which we collect or use the personal information, such as Australia Post who coordinate our deliveries.
2.4 Jessie E takes reasonable steps to prevent the loss, unlawful use or disclosure of personal information provided to us. However, we cannot guarantee that personal information will be protected against unauthorized access or misuse and we do not accept any liability for the improper actions of unauthorized third parties.
2.5 Jessie E uses Paypal and Square as the prepared online and instore payment gateway. Please refer to the Paypal and Square privacy and security statements on our website for more information.
3. Customer Details, Shipping and Delivery
3.1 Jessie E only ships within Australia. For all orders under $100.00, we offer shipping via Australia Post for a flat rate of $15.00. For any orders over $150.00 we offer free express shipping via Australia Post. All deliveries are subject to the guidelines and procedures of Australia Post. When ordering the brush disinfectant please allow a slightly longer travel time.
3.2 It is your responsibility to ensure the details which are provided to us are correct, including but not limited to: contact details, delivery instructions and products purchased. It is your ongoing responsibility to keep their information up to date.
3.3 Jessie E takes no responsibility for you providing incorrect or inaccurate information, including incorrect delivery instructions. Jessie E reserves the right to require you to pay a further fee for redelivery in the event the product is returned as undeliverable.
3.4 All orders are subject to Australia Post delivery times within your state or territory and alternative shipping options are not provided. Delivery times are subject to Australia Post which can vary from state to state or territory. We will provide you with tracking numbers if applicable through Australia Post with orders upon despatching.
3.5 Our stock is ordered in advance and we make every effort to have stock available at all times, however, in some certain circumstances a product may not be available. If we are unable to supply any particular product, we reserve the right to refund you in full for the price paid for the product.
3.6 All parcels are shipped from Nar Nar Goon, Victoria, Australia. Packing and shipping can take 7-10 business days. The delivery times made known to the customer by the seller upon placement of a purchase order are estimates only and Jessie E is not liable for late delivery or non-delivery due to delays with Australia Post. Further, Jessie E is not liable for late or non-delivery as a result of any other events beyond our reasonable control including, but not limited to, an Act of God, war, civil disturbance, governmental action or restrictions, import or export regulations, industrial disputes or strikes, breakdown of machinery, fires, environmental disasters, pandemics, or public health emergencies.
3.7 Jessie E prides itself on the quality of products we supply. Although the upmost care is taken in the preparation and the packaging of your order, if in transit your goods arrive damaged in any way, please send us photographic evidence along with your details jessie_ebeauty@hotmail.com within 7 business days and we will take all reasonable steps to rectify the issue for you.
4. No Commercial Use
Our Website (including any product or services purchased on or via our Website) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within, on or via the Website. You may not use the Website (and any products or services purchased on or via the Sites), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
5. Product Details & Use of Products
5.1 Jessie E is not liable to you in any way arising under or in connection with the sale, use or any other dealing of our products, or any other products sold on our Website, other than as stated in these Terms and Conditions or provided in the ACL.
5.2 You can purchase our products via the website or in salon. Upon ordering on our website, you will receive an order confirmation via email once the order has been processed and dispatched. It is your responsibility to check your email for this confirmation.
5.3 Jessie E will endeavour to ensure that the descriptions and specifications in relation to the products featured on the website are accurate and kept up-to-date. Jessie E does not guarantee that those descriptions and specifications are accurate or free from errors and/or omissions. Jessie E reserves the right to make any necessary corrections and/or updates to the product descriptions or specifications at any time without notice.
5.4 By purchasing products from Jessie E (including third party products), you warrant that you do not have any known allergies, sensitivities or other adverse reactions or complications associated with the use of our products or other cosmetic/beauty products. Should you have any predispositions of this nature, you should seek medical advice before purchasing our products. All products purchased from us should be patch tested by you before use. In the event of an adverse reaction, you should stop use immediately and seek medical advice.
5.5 You agree to release Jessie E from any liability that arises as a result of your failure to comply with these Terms and Conditions and/or your failure to read the product description or comply with any directions of use that accompany the products.
6. Cancellations, Refunds & Exchanges
6.1 If you wish to cancel or vary an order, this must be done in writing prior to the order being dispatched for delivery. Cancellation or variation of an order is subject to approval of Jessie E at our discretion.
6.2 If we approval a cancellation/variation of your order, Jessie E will refund you the purchase price (or price difference as the case may be) paid for the product/s.
6.3 Due to the nature of our products (including health and safety) there are no refunds or exchanges once a product has been opened. A refund or Exchange for an unopened product is not guaranteed and is subject to our approval. Generally, we do not offer refunds or exchanges for a change of mind.
6.4 This Clause does not purport to modify, limit or exclude any right or remedy you may have under the ACL to seek a refund or exchange
7. Intellectual Property
7.1 “Intellectual Property” means all registered and unregistered rights in present and future copyright, trademarks, designs and patents, trade secrets, confidential information and all rights conferred under statute, common law or equity in relation to the above.
7.2 Jessie E retains all rights, title and interest in all of its Intellectual Property associated with our Website, products, supply of products and/or services.
7.3 You agree that the supply of our products and/or services does not constitute a transfer of any Intellectual Property.
7.4 You must not claim a right, title or interest in our Intellectual Property or use, reproduce or copy the our Intellectual Property for any unauthorised purpose.
7.5 Any modification, variation, improvement or derivation of our Intellectual Property will remain our property. You assigns to us any Intellectual Property rights that you may obtain by undertaking any modification, variation, improvement or derivation of the our Intellectual Property.
8. Confidentiality
8.1 “Confidential Information” means means any proprietary or confidential documents, knowledge, information, prices, tools, formulas, samples, models, drawings, data sheets, manuscripts or other technical documentation supplied by Jessie E to you.
8.2 You must not use or disclose any Confidential Information other than as permitted by these Terms or written permission given by us.
8.3 You must take all reasonable steps to prevent any use or disclosure of Confidential Information received by them in the course of any dealings with us.
8.4 This Clause does not apply to the following information.
8.5 Information that becomes publicly known through no fault of us or you;
8.6 Information that is required to be disclosed under any law, order of law or other binding authority;
8.7 Information that is disclosed to a professional services adviser that is bound by a professional duty of confidentially.
These Terms and Conditions are effective as of September 2022 and are subject to change without notice. ©Copyright Jessie E Makeup & Beauty.