DEIA COSMETICS PTY LTD (we, our or us) operates a website at www.deiacosmetics.com (the Site).  These terms and conditions, the Privacy Policy, the FAQs , any other terms and conditions and policies that you may find on the Site (collectively, the Terms) and any other applicable laws and regulations govern your use of, and access to, our Site, our social media channels, and the products and services provided therein, regardless of your means of access.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Please read these Terms carefully before accessing or using our Site.

2.1 These Terms apply to all visitors or users of our Site (you or your), including, without limitation, users who are browsers, vendors, customers and/or contributors of content.  By visiting or using any part of our Site and/or purchasing something from us on or via our Site or social media channels, you engage in our Service and agree to be bound by these Terms. 

2.2 If you access and use any part of the Site on someone else’s behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf.

2.3 If you do not agree to all the Terms, then you may not access our Site or use any Service (including, without limitations, placing an order on or via the Site or social media channels). If the Terms are considered an offer, acceptance is expressly limited to the Terms.

3.1 Subject to clause 9 of the Terms, we have made every effort to ensure that all product details, descriptions and images on the Site are correct and accurate at the time the information was entered into the system.

3.2 The products listed on the Site are meant for personal use only. 

3.3 You must not sell or resell any of these products. We reserve the right, without notice to you, to cancel or reduce the quantity of any products in an order that may result in the violation of the Term. 

3.4 We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction and this may be exercised on a case-by-case basis.

3.5 Any offer for any product or service made on this site is void where prohibited by these Terms.

4.1 By placing and order with us, you agree to use the products only for their intended purpose and always in accordance with their instructions, precautions and warnings. If you use the products for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.

4.2 You should always check the ingredients for products to avoid any potential allergic reactions. Please seek professional medical or health advise before using our products if you are unsure.

4.3 By placing an order with us, you acknowledge that:

1. we do not diagnose any diseases, illnesses, conditions, ailments or any other medical, health, physical or mental disorders and that you are responsible for consulting a medical or health professional for any medical or health concerns that you may have; and
2. you are proceeding with the order at your own risk, to the extent permitted at law.

5.1 Unless stated otherwise, prices are inclusive of GST, but do not include any applicable shipping or delivery fees. Prices are displayed in Australian Dollars (AUD).  

5.2 Prices are subject to change, effective immediately upon posting to the Site or other form of notification. We shall not be liable to you for any price change to the goods or Services purchased or accessed on or via the Site.

5.3 We may issue, from time to time, promotional discount codes for certain products on the Site. To claim the discount, you must enter the relevant promotional discount code at any time of submitting your order through the Site. Only one promotional discount per customer is allowed.

6.1 To place an order with us you must:

1. provide your personal and payment details, including your full name, phone number, email address and any other request information. By providing these details to us you represent and warrant that they are valid and correct;
2. pay us the purchase price of each product you order upfront on or via the Site, including any applicable shipping and/or delivery costs as notified to you on the Site; and
3. not pay, or attempt to pay the price of any product you order upfront on or via the Site by fraudulent, dishonest or unlawful means. 

6.2 If you make a payment by debit card or credit card, you:

1. warrant that you hold a valid credit or debit card issued by a bank that is acceptable to us;
2. that you are authorised to use the debit card or credit card to make the payment; and
3. have authorised us to process one or more charges on your credit or debit card in an amount equivalent to the total purchase price for the goods that are the subject of the order (including applicable taxes, shipping and delivery charges)

6.3 We do not store any credit card details. All payment information is collected and stored through our third party payment processor, Shopify. 

6.4 Payment methods for products available on or via the Site may include ShopPay (through Shopify), PayPal or AfterPay, amongst others. You acknowledge and agree that we have no control over these third party providers and that your use of them may be subject to additional terms and conditions.

6.5 We reserve the right to:

1. reject your order at any time at our reasonable discretion, including in the event that we are unable to obtain authorisation for payment, the goods are unavailable or if we consider that you are in violation of these Terms; and
2. only accept orders from those aged over 18, as legislated by the relevant state or territory of residence.

6.6 Orders may not be changed or cancelled once processed.

Please refer to our FAQs if you have any questions about shipping, delivery and return of products purchased on or via our Site including via our social media pages.

8.1 You may access or use the Site (and any goods or Service purchased or accessed on or via the Site) for your own lawful, personal and non-commercial purposes, and only in accordance with these Terms. 

8.2 You must not:

1. 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 Site.  In these Terms, Content means any materials or content that contribute to the ‘look and feel’ of the Site, including, but not limited to, all information, graphics, headers, colours, icons, images, logos, names, sounds, music, video, audio, text software, HTML and code;
2. use the Site (and any goods or Service purchased or accessed on or via the Site), or any of the 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, social media or otherwise;
3. publish, distribute, transmit, sell, license or download the whole or part of the Site or Content; or
4. use the Site or Content other than for personal use

9.1 We attempt to provide accurate information on the Site. However, the information contained on the Site is of a general nature only and does not constitute or replace professional advice (including, without limitation, professional medical or health advice for individual or specific medical or health conditions) and, to the extent permitted by applicable law:

1. we do not warrant that information contained on the Site or in the Content (including in relation to any goods or Service purchased or accessed on or via the Site) is accurate, complete, reliable, current or error-free;
2. we take no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Site or in the Content (including in relation to any goods or Service purchased or accessed on or via the Site); and
3. the Site is presented ‘as is’ and we make no representation or provide no warranty of any kind whatsoever, express or implied, in connection with the Terms or the Site, including, for the avoidance of doubt, warranties of merchantability or fitness for a particular purpose.

9.2 The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to add, modify or remove the information or Content on the Site at any time, but we have not obligation to update you of any changes to any information or the Content on our Site.

If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Site or our social media pages, you:

1. agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and any intellectual property rights contained therein), including in all media now known or not currently known;
2. in respect of any moral rights in the User Content, consent to us:
3. not attributing you as the author of any copyright works or subject matter;
4. falsely attributing authorship of any copyright works or subject matter; and
5. subjecting the copyright works or subject matter to treatment that would, without the author’s consent, infringe author’s copyright; and
6. agree that such User Content will be available to us to use in any manner, subject to applicable law and regulations.

11.1 You agree that you will not upload or otherwise provide any User Content that:

1. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, violent or degrading;
2. infringes the intellectual property or other proprietary interests of third parties;
3. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms;
4. violates any law, statute or regulation;
5. forges information to disguise the origin of any User Content; or
6. encourages or incites any other person to engage in any of the above behaviour.

11.2 You agree that we may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is a violation of these Terms.

12.1 We reserve the right to refuse any order, or limit or cancel quantities of any order you have placed with us. In the event that we make a change to, or cancel your order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided by you at the time the order was made. 

12.2 You agree to provide current, complete and accurate purchase and account information for all purchased made on or via our Site. You agree to promptly update your account or other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

13.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

13.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

13.3 Any use by you of optional tools offered through our Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

13.4 We may also, in the future, offer new services and/or features through our Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

14.1 Certain content, products and services available via our Site may include materials from third-parties. 

14.2 Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

14.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. 

14.4 Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

15.1 We do not guarantee, represent or warrant that your use of our Site, products or Service will be uninterrupted, timely, secure or error-free. 

15.2 We do not warrant that the results that may be obtained from the use of our products or the Service will be accurate or reliable. 

15.3 You agree that from time to time we may remove the Service for indefinite periods of time, cancel the Service or discontinue a product at any time, without notice to you. 

15.4 You expressly agree that your use of, or inability to use, the Site and Service is at your sole risk. All products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

16.1 In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or non-use of any part of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use or non-use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility of such damages.

16.2 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

You agree to indemnify, defend and hold harmless us, and our parent, subsidiaries, affiliates, partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand made by any third party due to, or arising out of your breach or violation of these Terms or the documents they incorporate by reference, or breach or violation of any law or the rights of a third party.

No agency, partnership, joint venture, employment, affiliation or franchisor-franchisee relationship is intended or created between you and us by these Terms.

19.1 We may at any time and without notice to you, terminate these Terms by either:

1. temporarily suspending or disabling the Site; or 
2. permanently ceasing to operate the Site.

19.2 The obligations and liabilities of the parties incurred prior to termination shall survive the termination of these Terms.

Neither party will be responsible for any delay, suspension or failure in relation to the provision of the Service arising out of any circumstances outside of its reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, inability to obtain any necessary materials, equipment, facilities or services, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

Any failure by us to enforce any of our rights does not constitute a waiver of those rights.

Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.

24.1 We reserve the right to modify any part of the Terms, or content of our Site, at any time (including, without limitation, any product descriptions or product pricing). For the avoidance of doubt, any new features, products, tools or content which are added to the Site shall also be subject to the Terms.

24.2 Any update, change or a new version of the Terms will be posted on the Site. Any changes are effective immediately upon posting to, or removal from, our Site. 

24.3 It is your responsibility to check this page periodically for changes to the Terms. Your continued access to, or use of our Site constitutes your acceptance of any changes to the Site or the Terms. If you do not agree to any change, then you must immediately stop using the Site.

24.4 The Terms that will apply to your access or use of the Site are the Terms in effect at the time you accessed or used the Site.

25.1 These Terms constitute the entire agreement and understanding between you and us and govern your use of the Service and Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

25.2 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.