Terms & Conditions
DEFINITIONS
In these Terms and Conditions:
(a) Client includes, but without limitation,
browsers, vendors, customers, and merchants.
(b) Powder Perfect means the company formally
known as Powder Perfect Pty Ltd A.C.N. 608 505 684.
(c) Products include all nail lacquers, cuticle
oil, decals and any other items sold by Powder Perfect.
(d) Services means using and/or accessing Powder
Perfect’s website, and the supply and/or use of Powder Perfect’s products.
(e) Third-party means third-party suppliers to
Powder Perfect.
GENERAL
Please read these Terms and Conditions carefully
before accessing or using our website, or purchasing our products. Please
note that by accessing or using all or part of our website, and by purchasing
our products, you are considered a client of Powder Perfect and are bound by
these Terms and Conditions (including any additional terms that are referenced
herein or by hyperlink). If you do not agree with the Terms and Conditions, you
are not able to access or use our website, or purchase our products.
ACCURACY OF INFORMATION
Powder Perfect is not responsible if the
information made available on its website and on the products is not accurate,
complete or current. The information on the website or on the products is
provided for general information only and should not be relied upon as the sole
basis for decision making. Any reliance on the information contained within the
website and on the products is at your own risk.
ONLINE STORE TERMS
By engaging our services, you warrant that you
are of age in your State or Province of
residence, or that you have given us your
consent to allow any of your minor dependents to
access and/or use our website, and purchase our
products.
You warrant that you will not use our website
and/or our products for an unlawful or unauthorised purpose. Further, you
warrant that you will not violate any laws in your jurisdiction (including but
not limited to the laws of copyright).
You warrant that you will not transmit any
viruses or code to our website. Should this occur,
you will be considered liable for any loss or
damage of any kind whatsoever and howsoever
arising out of or in connection with this
transfer to our website, including any loss or damage
of any kind whatsoever experienced by our
clients.
You agree not to reproduce, duplicate, copy or
exploit any part of our website, including our
Terms and Conditions, without the express,
written permission from Powder Perfect.
PRODUCT USE
You agree not to reproduce, duplicate, copy or
exploit any portion or part of the products without express permission from
Powder Perfect.
Powder Perfect, and nail polish in general, is
highly flammable and should be kept out of reach of children and pets. It is
recommended that any Powder Perfect products are kept away from sources of heat
and sunlight.
All care is taken during the manufacturing of
the Powder Perfect products. However, the use of any of the Powder Perfect
product is at your own risk, and you agree to only use and/or apply the
products as directed.
Powder Perfect products must not be ingested.
PAYMENT POLICY
Payment is due at the time of purchase through
Paypal. All prices on our website are displayed in United States dollars.
You acknowledge that your personal information
inputted into our website may be transferred unencrypted and involve
transmissions over various networks and changes in order to conform and adapt
to technical requirements of connecting to other networks and devices. Credit
card information, however, is held securely by PayPal.
ORDER ALTERATIONS
Powder Perfect cannot make alterations to orders
once payment has been processed.
REFUND POLICY
Return and/or exchange of products are not
accepted. We encourage our clients to choose products wisely.
SHIPPING POLICY
Orders are usually dispatched within 1-5 business
days of purchase. Postage within the United States usually takes between 7 to
14 days. Thistimeframe may be longer to remote area destinations.
MISSING/ DAMAGED ITEMS
Powder Perfect will not be held responsible for
packages lost in transit during shipping.
Tracking and insurance may be added to your
order by request, for an additional cost.
Should ordered products be missing from the
package, or the package/s contains items that are damaged, you must contact
Powder Perfect within 24 hours of the package being delivered and a replacement
will be arranged. Please note that you must have proof of purchase in this
instance. Where a broken package and/or damage are claimed, Powder Perfect will
require a photograph.
REFUSAL OF SERVICE
Powder Perfect reserves the right to refuse
service to an individual, company or organisation at anytime for any reason.
Powder Perfect, at its sole direction, may limit or cancel quantities of
products purchased per order. Such restrictions may include orders placed by or
under the same name, credit card details, and/or billing/ shipping address.
THIRD-PARTY SUPPLIERS
You acknowledge that certain ingredients and
products may include those from third-party suppliers. Powder Perfect will
not have responsibility of, or accept any liability for, the ingredients and
products from third-party suppliers.
ONGOING ORDERS
These Terms and Conditions will apply to any
original order placed, as well as any subsequent order for Powder Perfect
products.
BREACH OF TERMS AND CONDITIONS
A breach or violation of the Terms and
Conditions will result in an immediate termination of our services to you.
BATCH MANUFACTURE
We have a handmade range of Power Perfect
products that are carefully handmade in batches and may, therefore, have a
slight variation in the batches/ bottles. All handmade products are prepared
under the same quality standards.
WAIVER & VARIATION
A provision of or a right created under these
Terms in favour of Powder Perfect may not be waived or varied except in writing
signed by Powder Perfect. Powder Perfect may elect not to
exercise its rights arising from a breach of any
provision of these Terms. Such election, even
if the breaches are continuous and multiple,
shall not create any estoppel or presumption against Powder Perfect.
LIMITATION OF LIABILITY
Powder Perfect are not liable in tort, contract
or otherwise for any loss or damage of any kind whatsoever and howsoever
arising out of or in connection with the supply of products,
including (but not limited to) any injury,
direct or indirect, or inconsequential loss of profit or
revenue; contract, or goodwill; even if due to
the negligence of Powder Perfect, its employees
or its agent.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
Powder Perfect, including its officers, officials, employees and volunteers,
from any and/or all claims, injuries, damages, losses or suits, including legal
fees, arising out of, or resulting from, any acts, errors or omissions in
relation to its website and its products.
SEVERANCE
Should any Term and/or Condition in this
document be affected by any illegality, unenforceability or invalidity, then
that Term and/or Condition shall be considered to the extent of such
illegality, unenforceability or invalidity independently of and severable from
any other Term and/or Condition contained in this document and shall not affect
the enforceability of any other Term and/or Condition in this document in any
way whatsoever.
APPLICABLE LAW
The law of Queensland governs this Contract and
Powder Perfect and its clients submit to the
non-exclusive jurisdiction of the courts of
Queensland and the Federal Court of Australia.
OTHER TERMS
This document contains the entire understanding
of Powder Perfect and its clients as to the subject matter of the Terms and
Conditions. There is no other agreement, warranty or representation, express or
implied, in any way defining or extending or otherwise relating to
these, provisions or binding on the parties with
respect to the website and the products.
PRIVACY STATEMENT
Powder Perfect respects your privacy. Powder
Perfect will use your information for its own
purposes, to have your order dispatched by Hella
Holo Customs & to confirm your membership with Hella Holo Customs.