Thank you for visiting the My Beauty Spot Web site (the "Site"). My Beauty Spot is a leading online fragrance and Health & Beauty retail store. The Site is designed to provide a convenient, private and informative retail experience for consumers to purchase. Accessible 24 hours a day, 7 days a week, the My Beauty Spot online store offers an easy and convenient method of ordering fragrance and Health & Beauty products online, along with a wealth of health-related information.
My Beauty Spot want each visitor to the Site ("you") to have a safe, pleasurable visit, so we have established the following terms and conditions so that we both know what to expect from each other. By using the Site you agree to be bound by the terms following. Please read them carefully. Your usage of the Site indicates your acceptance of these terms and conditions. Your placement of an order also indicates your acceptance of these terms and conditions.
COPYRIGHT AND TRADEMARK NOTICE
This site is owned and operated by My Beauty Spot Pty Ltd. Unless otherwise specified, all material appearing on this site, including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material (collectively "Content") as well as the selection, assembly and arrangement thereof is subject to applicable copyright laws. Copyright ?2000, ALL RIGHTS RESERVED. All audio and video clips are the sole property of My Beauty Spot Pty Ltd or their respective content providers. All software used on the site is the sole property of My Beauty Spot Pty Ltd or those supplying the software. You acknowledge that the Site contains Content, audio and video clips and software that are protected by copyrights, trademarks, or other intellectual property rights, and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without My Beauty Spot Pty Ltd’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
DISCLAIMER & LIMITATION OF LIABILITY FOR PRODUCTS SOLD
EXCEPT AS EXPRESSLY STATED HEREIN, My Beauty Spot Pty Ltd MAKES NO REPRESENTATIONS
OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SITE.
EXCEPT AS EXPRESSLY STATED HEREIN, My Beauty Spot Pty Ltd EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE EXCEPT FOR THE 'CONSUMER GUARANTEES' OUTLINED IN
THE AUSTRALIAN CONSUMER LAW (FOUND AT:WWW.ACCC.GOV.AU). YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM
LIABILITY TO My Beauty Spot Pty Ltd ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE
PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL My Beauty Spot Pty Ltd, ITS DIRECTORS, OFFICERS,
EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.
PRODUCTS DISPLAYED ON MyBeautySpot.com.au ARE FOR ILLUSTRATIONS PURPOSES ONLY. PRODUCTS MAY VARY IN COLOUR, SHAPE OR SIZE.
DISCLAIMER FOR USE OF SITE
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL My Beauty Spot Pty Ltd, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS OR THE LIKE WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION My Beauty Spot Pty Ltd, DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR USE OF THE INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE.
FURTHER, My Beauty Spot Pty Ltd EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES. WE CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION INFORMATION, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) NEGLIGENT OR WILFUL ACTS OF My Beauty Spot Pty Ltd, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES OR (vi) ANY OTHER MATTER RELATING TO THE SITE.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to:
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Site.
- provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Information") and
- maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. My Beauty Spot Pty Ltd consider this Registration Information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.
Credit Cards: We accept all major credit cards including Visa and MasterCard. There is no surcharge for using Visa and Mastercard with My Beauty Spot Pty Ltd. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.
My Beauty Spot Pty Ltd accepts BPay. Orders are processed upon receipt of money from BPay. If BPay payment is made before 4pm (Qld time) this will come through next business day, however payments made after 4pm (Qld time) will not come through for 2 business days. If a payment is made after 4pm (Qld time) Friday, this payment will not come through until the next Tuesday. If ordering urgent medication or other products, please allow enough time for processing of BPay. Payment via Credit Card is processed immediately. All refunds due to stock shortages or changes in orders will be done by Cheque posted to the address on the order as there is no refund option currently available via BPay.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. My Beauty Spot Pty Ltd reserves the right at any time after receipt of your order to accept or decline your order for any reason. My Beauty Spot Pty Ltd reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
My Beauty Spot Pty Ltd may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such Content.
My Beauty Spot Pty Ltd may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
My Beauty Spot Pty Ltd reserves the sole right to amend the Terms & Conditions of the My Beauty Spot Web site (the "Site"), at there own discretion at any time.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, My Beauty Spot Pty Ltd shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. My Beauty Spot Pty Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled My Beauty Spot Pty Ltd shall immediately issue a credit to your credit card account in the amount of the incorrect price.
As far as legally possible this Agreement, its terms and conditions and the Use of this
Site shall be governed by the laws in existence from time to time in Australia. Any claim
relating to the Site, the services provided through the Site or the Content shall be governed
by the internal laws of the state of Queensland and you agree to submit to having the
matter dealt with in a court in Brisbane in the state of Queensland, Australia or
another Australian jurisdiction.
These terms are effective even if this Agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
LIMITED PURCHASE QUANTITIES
My Beauty Spot Web site reserves the right to monitor and limit the purchase amounts of products at its sole discretion. My Beauty Spot Web site reserves the right to restrict sales to a non-commercial level at it's sole discretion. In such cases My Beauty Spot Web site will reduce product(s) to what My Beauty Spot Web site considers a non-commercial quantity. Any commercial size quantities should be request by email to: firstname.lastname@example.org.
INTERNATIONAL DESTINATION RESTRICTIONS & LIABILITY
My Beauty Spot thoroughly monitors all international orders and inspects all packages leaving our distribution centres to ensure that all items ordered by customers are included in each order and that each order is safely packed for International shipping.
My Beauty Spot has no control over International Customs or International Postal Operations and as such, takes no responsibility for damaged items or items claimed to be missing.
My Beauty Spot will not refund any International orders where such claims are made. We recommend such claims are placed with your local customs and or postal service.
My Beauty Spot reserves the right to restrict parcels where the destination country is; Egypt, Ghana, Indonesia, Lebanon, Macedonia, Morocco, Nigeria, Pakistan, Romania, Serbia and Montenegro, Ukraine, Vietnam or others at it's sole discretion.My Beauty Spot is not responsible for the loss of any orders due to untraceable consignments numbers. My Beauty Spot is not liable for any cost that may be incurred due to customs tax or delivery tax. My Beauty Spot holds no liability to any orders that are detained by any countries customs, this may also affect delivery times and My Beauty Spot holds no responsibility on the order being delivered within a certain timeframe or cost. My Beauty Spot cannot guarantee the quality of any food products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them. My Beauty Spot will refund the exact amount of a cancelled order in Australian Dollars, however for international orders the currency at the time will dictate how much will be deposited back into your account. My Beauty Spot is not liable for any discrepancy of currency at the time of the refund.
My Beauty Spot is proud to offer the best in Australian healthcare to everyone, regardless of where they may reside.
My Beauty Spot is an expert at sourcing the best healthcare product in the world and selling it to our customers at the very best price, we are not experts in understanding customs, taxation and importation laws of all the wonderful and varied countries in which our customers live.
As such by agreeing to purchase the goods in your basket today, you accept that My Beauty Spot is responsible for the picking packing and dispatching of your goods to you. If for any reason whatsoever, be it taxes, custom law, duties or any other reasons whatsoever your parcel does not make it to your door and My Beauty Spot has picked, packed and dispatched the goods you have ordered, whilst we regret the non-delivery, My Beauty Spot is unable to refund your payment.
My Beauty Spot uses Australia Post and other equally reputable international couriers for your delivery, so you can have absolute confidence that if your order fails to arrive it is not a function of the courier but rather a regulatory hurdle. Given the quality of our courier partners, if your delivery arrives damaged please let us know and we will endeavour to either resupply the goods or refund your payment based on the individual circumstances. However outside of this non damaged delivery guarantee My Beauty Spot is unable to guarantee goods purchased on our web site will be compliant with your local laws and regulations and as such be permitted to make it to your door.
Copyright © 2009 All rights reserved.