Terms of Use
Copyright
The
contents of this website are subject to copyright and owned by BM Cosmetics.
You may view this website and its contents via web browsers and other means to
view the website via computers, tablets and mobile phones. You may make
electronic copy of parts of this website for personal and non commercial use; any
other use is strictly prohibited.
Disclaimer
You
agree that your access to, and use of, this website is subject to these terms
and all applicable laws, and is at your own risk. This site and its contents
are provided to you on "as is" basis, the site may contain errors,
faults and inaccuracies and may not be complete and current.
BM Cosmetics makes no
representations or warranties of any kind, express or implied as to the
operation of this site or the information, content, materials or products
included on this site, except as otherwise provided under applicable laws.
Neither BM Cosmetics, nor its
affiliates, managers, officers, employees, agents, contractors, successors or
assigns will be liable for any damages whatsoever arising out of, or in any way
related to, the use of this site and any other site linked to this site. This
limitation applies to direct, indirect, consequential, special, and punitive or
other damages you or others may suffer, as well as damages for loss of profits,
business interruption or the loss of data or information.
Prices and Promotions
All
product prices, sale items, promotions, discounts and free shipping threshold
amounts, are subject to change without notice.
Colour Swatches
BM
Cosmetics cannot guarantee the accuracy of the colour swatches shown on this
website. Whilst every effort is made to either source or create the best
possible makeup colour swatch, there are other variables such as the computer
or device you are using to view the website. All computer monitors display
colour slightly differently as well as smart phone screens, and they are not
generally colour-calibrated for faithful reproduction.
Viruses
BM
Cosmetics cannot guarantee that any file or program available for download
and/or execution from or via this site is free from viruses or other conditions
which could damage or interfere with data, hardware or software with which it
might be used. You assume all risk of use of all programs and files on this
site, and you release BM Cosmetics entirely of all responsibility for any
consequences of its use.
Applicable Law
This
site is created and controlled by BM Cosmetics. Your use of this site is
governed by, construed and enforced in accordance with the laws of Victoria,
Australia. Disputes arising from your use of this site are exclusively subject
to the jurisdiction of the courts of Victoria, Australia.
This site may be accessed
throughout Australia and overseas. BM Cosmetics makes no representations that
the content of this site complies with the laws (including intellectual
property laws) of any country outside Australia. If you access this site from
outside Australia, you do so at your own risk and are responsible for complying
with the laws in the place where you access the site.
Transaction
All
transactions made through the Site are subject to our acceptance, which is in
our sole discretion. Without limitation, this means that we may refuse to
accept or may cancel any reservation or transaction, whether or not the
reservation or transaction has been confirmed, for any or no reason, in our
sole discretion, and without liability to you or any third party.
Indemnify
You
agree to indemnify and hold us, our related companies and each of our and their
respective directors, officers, employees and agents harmless from and against
any third-party claim or cause of action, including reasonable attorneys' fees
and costs, arising, directly or indirectly, in whole or in part, out of your
access or use of the Site or your violation of any law or the rights of any
person.
Prices
All
prices indicated for products available via the Site are inclusive of GST
(where applicable) at the current rates and are exclusive of delivery charges.
The total cost of your order is the price of the products ordered and delivery
charges as set out in the Delivery
section of the Site.
Placing an Order and Order Acceptance
You
will be guided through the process of placing an order by a series of simple
instructions on the Site. You will be offered the opportunity to review your
proposed order and confirm or correct it prior to finally placing your order.
Once you have placed your order, we will send to you an email acknowledgement
providing you with the details and value of your order, which has been debited
to your credit/debit card. This is not an order acceptance from BM Cosmetics.
We may not accept your order if an item you have ordered is out of stock, we
are unable to obtain authorisation for your payment, we suspect fraudulent
activity or violation of these Terms and Conditions or if we identify a product
or pricing error.
If we are unable to fulfill your order following our order acknowledgement, we
will contact you by email or telephone advising you of this
Intended Use
By
placing an order with BM Cosmetics you agree to use the products or services
only for their intended purpose. If you use the products or services for any
other purpose you will assume full responsibility for any loss or damage
arising out of this use.
Representations and warranties
The
advice and information contained within this website is of a general nature and
is not intended to constitute or replace professional advice for individual or
specific conditions. While every effort is taken to ensure that the information
contained within this website is accurate, BM Cosmetics takes no responsibility
for any loss or damage arising from its use.