By viewing and using our website and its information you are agreeing to the Terms and Conditions identified in this document. Purchases will relate to additional conditions identified at the time of your purchase. This website is owned and operated by KACA Cosmetics and ABN 40116601864. By visiting, browsing and/or purchasing from this website, you're engaging in our "Service". This means that you agree to be bound by these terms and conditions ("Terms") as amended by us from time to time in our absolute discretion without notice. If you do not agree with the Terms, please stop using this website and/or our Service immediately.
Definition
The Website is in relation to www.kacacosmetics.com.au
We/Us/Our relates to KACA Cosmetics its subsidiaries, affiliates, employees, officers, agents or assigns.
Service means purchasing from our website, social media, purchasing our products, access to our information and content on our social media, website, packaging and labels.
Products refers to any product that is able to be purchased on our website and social media.
Accuracy of content
We have taken proper care in the information provided on this website. We cannot guarantee its accuracy, completeness or be legally liable for any consequence from or connected to its content. The information on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, timelier or more complete sources of information. This site may contain historical information which may not be current. We reserve the right to modify the contents on this site at any time, but we have no obligation to update any information on our site. You agree it is your responsibility to monitor any changes to our site.
Use
This website is available for your use on acceptance and compliance of these terms and conditions. By viewing and using this site you agree to use in line with all applicable local, state, national and international rules and regulations.
You are responsible for maintaining your passwords and log in details and ensuring they remain confidential.
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
The website and the products sold are intended for personal, non-commercial use only. We reserve the right to refuse service to anyone for any reason at any time.
By accessing our website, using our Service, creating an account or placing an order through the website, you assume all associated risk, including but not limited to the risk to your computer, tablet, mobile device, software or data may be damaged by any virus or malicious bug transmitted by this website or any third-party website.
By browsing our website or creating an account and becoming a member, you assume all responsibility for the security of your account. You agree to accept all responsibility for activities that occur under your account (e.g. orders placed by someone else using your account). KACA Cosmetics reserves the right to terminate your account without notice at its discretion. KACA Cosmetics is not liable for any disruptions to this website.
KACA Cosmetics disclaims all liability to the fullest extent permitted by law for any injury, allergic reaction, adverse side effects, loss, or damage suffered in relation to or arising from use or misuse of a product, our website or our Service. In the event of such injury, allergic reaction, adverse side effects, loss or damage, the maximum aggregate liability of KACA Cosmetics will be the value of the product purchased. You acknowledge that we do not manufacture the products on our website, we simply distribute the products.
User Comments, Feedback, Submissions
If at our request you send certain submissions (for example contest entries) or without request from us you send creative ideas, suggestions, proposals, or other material whether online, by email, by mail, or otherwise (collectively “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence, (2) pay compensation for any comments; or (3) to respond to any comments.
We may but have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
We take no responsibility and assume no liability for any comments posted by you or any third-party.
Terms of Product Use
The advice on our website is not to be substituted for professional medical advice. This website is an online store for the distribution and sale of cosmetic products. We recommend that you consult your medical practitioner prior to using any of the products sold on our website to determine if they are suitable for you. If you are in need of medical attention call your physician immediately.
Please follow the guidelines for use of each product which can be viewed on the product packaging or product page.
Your GP or healthcare practitioner should be consulted if you have any medical questions that need to be addressed. We make no guarantees about the results of your use of the product as results will vary for each individual user.
Refund / Returns Policy
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. KACA Cosmetics will accept refunds only if products were incorrectly fulfilled. If a refund event were to take place, the buyer will bear all costs to deliver the product back to our warehouse. KACA Cosmetics does not accept refunds due to a change of mind on the product or once the product has been opened or used. The product must not have been used, show any signs of wear and tear, and the packaging must not have been damaged. If the packaging is damaged in any way or if the product has been opened / used, you will not be entitled to a refund or replacement.
Products or Services
KACA Cosmetics reserves the right to amend errors or to update product information at any time without notice. In the event any information about a product is incorrect (e.g. size, price etc), KACA Cosmetics reserves the right to refuse or cancel any order placed for that incorrectly described item. In the event of such a refusal or cancellation of an order and your chosen payment method has been charged but the product has yet to be processed or shipped, KACA Cosmetics shall issue a credit to that chosen payment method in the amount of the cancelled order. In the event of a cancellation request of an order and your payment method has been charged and the product has been processed and shipped, KACA Cosmetics cannot refund or cancel your order.
Delivery
KACA Cosmetics is not responsible for any failure to deliver products on time or at all to the fullest extent permitted by law if such failure results from an event beyond its reasonable control. An event beyond its reasonable control would include but is not limited to war, rebellion, labour strike, natural disaster such as an earthquake or an endemic or pandemic such as COVID-19. In such circumstances we shall use reasonable endeavours to deliver the product to you once the event no longer prevents us from doing so.
Lost Parcels
KACA Cosmetics accepts no responsibility for lost or unclaimed packages. Online tracking is available to you and is sent to you via email once you place an order. It is your responsibility to track the item via the email by clicking 'Track my Order’. We urge customers to access their tracking code if there is a delay in tracking and/or receiving your order. If the wrong address information is inputted into the checkout page when an order is placed on the website, and as a result, a parcel is sent out then returned back to us, it is the customer’s responsibility to pay for the product to be re-sent to the correct address.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
Information Collection
Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.
Confidentiality
All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Western Australia.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Changes to Terms of Service
KACA Cosmetics reserves the right, at our sole discretion to update, to change, or replace any part of these Terms of Service without notice. It is your responsibility to check our website for changes.
Unauthorised Use
You may not use the website or Services for any unlawful or unauthorised purpose, including without limitation: distributing any abusive, unlawful, defamatory, harmful, obscene, or otherwise objectionable material. You may not use the website or Services to transmit any material that constitutes a criminal offence, results in civil liability or otherwise would breach any laws, regulations, or codes of practice. You warrant that you have the right to post any materials posted by you on our website and that the materials do not infringe any third-party intellectual property rights.
Interfering with, damaging, disabling, or impairing the operation of this website, or attempting to gain unauthorized access to the website, networks or gateways connected to it, through hacking, spoofing, or any such similar means is expressly prohibited. You agree to indemnify KACA Cosmetics for any loss or damage which may arise through your unauthorised use of the website or Service.