Last updated: 25 March 2021

Please be advised that while shopping on https://familyandfriends.loreal.com.au (“Website”), you are dealing with the eCommerce provider, Scalefast Australia PTY LTD (ARN 3000 1643 5316), which is a company commissioned by L’Oréal Australia Pty Limited (ABN 40 004 191 673) (“Merchant”) to handle online sales on its behalf.

These Terms and Conditions of Sale ("Terms and Conditions of Sale" or "Agreement") are a legal document that explains your rights and obligations as a Customer. Please read it carefully.

Definitions

Website or Store:

The Merchant’s online store website accessible at: https://familyandfriends.loreal.com.au.

Customer:

You, the user of, or person accessing, the Website, and the addressee of these terms.

Merchant:

L’Oréal Australia Pty Limited (ABN 40 004 191 673), having its registered office at 564 St Kilda Road, Melbourne, Victoria 3004.

Product(s):

Product(s) sold on the Website.

Seller:

The Merchant’s authorized Seller which operates the Website https://familyandfriends.loreal.com.au (the “Store”) and which is SCALEFAST AUSTRALIA PTY LTD., an Australian corporation having its registered office at Level 4, 17-19 BRIDGE STREET, Sydney, NSW, 2000.

PREAMBLE

The present Terms and Conditions of Sale define and regulate the contractual relation between the Reseller and you, the Customer, also defined as the user of the Website.

The Reseller is an online and offline e-commerce solutions provider.

The present Terms and Conditions of Sale apply exclusively between the Reseller and any person who visits the Website or makes a purchase from the Website.

You have access to and may become familiar with the Terms and Conditions of Sale directly on the Website. These Terms and Conditions of Sale may be altered at any point in time, at the discretion of the Reseller. Enforceable terms and conditions consist those published on the Website on the date of your Product Order or if no Product Order is relevant, are binding as of their date of publication. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms and Conditions of Sale.

In the event that you have set up a personal account on the Website for the purpose of purchasing products from the Website (“Account”), your failure to cancel your Account (“Account”) or cease to use the Reseller’s ecommerce solutions affected by the amendment will constitute your tacit acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, you may cancel your Account or cease to use the Reseller’s e-commerce solutions (including refraining from purchasing Products on the Website). To the maximum extent permitted by law, the Reseller shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account, nor shall the Reseller have any obligation to prorate any fees in such circumstances.

The information given on the said Website may be modified by the Reseller without prior notification.

The simple act of placing an order on the Website implies acceptance, without reserve, of the Customer of the present Terms and Conditions of Sale. The Reseller shall grant the Customer a limited licence of access and use of the Website.

Access

Access to this Website is by invitation only. You may not access this Website if you have not been invited by the Merchant, including the Merchant’s personnel, or invited by the Merchant’s supplier, including the merchant’s supplier’s personnel (“Authoriser”). You may be required to provide a valid code in order to access this Website. If you have not been invited by an Authoriser to access this Website, you agree that your access to this Website is strictly prohibited and you agree not to access the Website or order Products under the Website. You agree that if an Authoriser is the personnel of the Merchant or Merchant’s supplier, if that personnel is no longer engaged by the Merchant or the Merchant’s supplier, you will be prohibited from future access to, or use of this Website. If you otherwise access this Website in breach of this clause, you agree that the Reseller may refuse to sell Products to you, or terminate your access to, the Website.

Stock Availability and Sales Fulfillment

Products are for sale within the limit of available stock. The Reseller’s acceptance of Product Orders that are out of stock shall be valid on the condition that they can be obtained from the Reseller’s suppliers. The processing and delivery of Product Orders shall be honoured upon availability of stock and in accordance with the clause below titled “Application”.

Application

Your Product Order is a binding offer to the Reseller to purchase the selected Products (“Product Order”). Upon the placement of a Product Order an ensuing and immediate confirmation message will be displayed followed by a confirmation email to you. Such automatic confirmation does not constitute an acceptance by the Reseller of your Product Order, but a notice of acknowledgement. The Reseller's acceptance of your Product Order shall occur and a contract shall form only once the Reseller approves the Product Order. We only accept your offer and conclude the contract of sale for a Product ordered by you, when we dispatch the Product to you and send e-mail confirmation to you that we've dispatched the Product to you (the "Fulfillment Confirmation E-mail").

If your Product Order is dispatched in more than one package, you may receive a separate Fulfilment Confirmation E-mail for each package, and each Fulfillment Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the Product(s) specified in that Fulfillment Confirmation E-mail. Your contract is solely with the Reseller.

From time to time we may publicise competitions or make promotional discount codes or other offers available for Products purchased via the Website (eg gift with purchase). The participation in competitions, or, particular use of those codes or offers (including specific terms or conditions) will be described on the Website at the time they are made available.

Orders and Use of the Services

The Product Orders shall be placed exclusively via the Internet.

You may not order more than 6 units of the same product, per order via the Website; and the total product value may not be more than $5000 per Customer per order. You may not order more than 6 Products with the same SKU in one calendar month. If a Product Order is more than these limits, we have no obligation to fulfil the Product Order. We may update these limits from time to time either here in these Terms and Conditions of Sale, or on the Product page.

Products purchased via the Website are for personal use only. They must not be used in your professional capacity, and must not be re-sold for commercial purposes.

Automatic Product Order confirmation errors may occur. Please check the automatic Product Order confirmation for errors and inform us immediately of any discrepancies. You guarantee all data provided during registration is true, accurate, up-to-date and complete. Product Orders will only be accepted from Customers 18 years of age and older.

The Reseller holds the right to cancel or refuse any Product Order from any Customer with whom a previous order’s payment has not been received by Reseller.

You consent to receive sales invoices electronically. Electronic invoices will be made available in your Account on the Website. For each delivery, in our Fulfillment Confirmation E-mail you will receive a link to your electronic invoice on the Website. If you do not have an account and have not printed your invoice upon receiving your Fulfillment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy please contact our customer support clicking on the Contact Us section.

Delivery of Physical goods

Subject to our acceptance of your Product Order, your ordered Products shall be delivered to the address indicated by you during the ordering procedure. If you place separate or consecutive orders, we won’t be able to combine or consolidate them into one delivery, and separate delivery charges will apply to each order. The delivery date indicated on the Website is strictly indicative and may vary with the progression of the order. To the maximum extent permitted by law, the Reseller cannot be held responsible for delayed delivery or the loss of a package by postal services or couriers and ensuing consequences. It is your responsibility to verify the good condition of their package(s) and its content upon receiving the package. In the event the package(s) or content are not in conformity with the accepted Product Order, you shall put in writing a full description of the content and disconformities, and we will process the claim in accordance with “Products, returns and defects” below.

Payment

At the time of purchase, you will have the possibility to pay with all displayed payment methods of the Website. Any other methods will not be endorsed.

The Reseller uses TLS (Transport Layer Security) encryption technology for your transactions. Your banking information is not stored by the Reseller. Stored banking information is stored by the payment service provider, only if you have selected the option of saving a credit/debit card to your name, for a future use during check out or for a pre-order. Therefore, the Reseller does not have access to private banking details and credit history at any point. To prevent abuses and fraud, the Reseller only stores your name, address and the transaction time and date. This data remains strictly confidential.

Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.

When you provide payment information to the Reseller or to one of its payment service providers, you establish that you are the authorised user of the card, PIN, key or account associated with that payment, and you authorise the Reseller to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable to your Account. The Reseller may require you to provide your address or other information in order to meet the Reseller’s obligations under applicable law.

If your use of the Store and purchases are subject to any type of use or sales tax, then the Reseller may also charge you for those taxes, in addition to other fees. Your purchase of the Product may be subject to international transaction fees depending on your chosen payment method and your financial institution. If international transaction fees apply, the Reseller will charge you the amount of the international transaction fee. Prior to making a Purchase Order for a Product, you may wish to contact your financial institution to determine whether any international transaction fee would apply for the purchase of the Product.

You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your Account.

Ownership Rights

The ownership of the Products shall be transferred to you when full payment is received. However, any risk of loss, theft or destruction, in the period between the delivery and the transfer of ownership, shall be borne by you. Should you not honour the payment obligations for any reason whatsoever, the Reseller shall be entitled to demand that the delivered Products be returned immediately, at your own cost, risk and peril.

The Reseller makes no representations or warranties, either expressed or implied, regarding any third party site. In particular, the Reseller makes no representation or warranty that any service offered via third-party vendors will not change or be suspended or terminated.

License and user rights

You are exclusively permitted to use the Product for your own personal use and may not pass it on, sell, transfer or lend it to a third party.

You may not use the Internet source code or any the Reseller software for any purpose other than the permitted access to the Store and to make personal, non-commercial use of your Account, except as otherwise permitted by this Terms and Conditions of Sale or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Store or the Reseller eCommerce solution without the prior consent, in writing, of the Reseller.

You are entitled to use the Store for your own personal use, but you are not entitled to: (i) sell, grant a security interest to other parties in any way, nor to rent, lease or license your Account rights to others without the prior written consent of the Reseller, except to the extent expressly permitted elsewhere in these Terms and Conditions of Sale; (ii) exploit the Reseller Software, the Store for any commercial purpose, except as expressly permitted elsewhere in these Terms and Conditions of Sale.

The Reseller or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable licence to access and make personal and non-commercial use of the Reseller services, being access and use of the Website for the purposes of purchasing Products.

Products, returns and defects

If we give a warranty or guarantee about a Product, it applies in addition to your other rights and remedies under the Australian Consumer Law, and any other applicable laws. In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

However, to the extent possible under law, we exclude all implied terms and warranties, whether statutory or otherwise, relating to these Terms and Conditions of Sale, the Website, ordering, delivery and the Products. We will not be liable for any expense or injury (including indirect loss, such as revenue, profits, goodwill or business opportunity) in contract, tort, under statute or otherwise, however caused, including directly or indirectly in connection with these Terms and Conditions of Sale, the Website, ordering delivery and the Products. Any liability we have to us is reduced to the extent that you cause or contribute to the loss or damage.

We cannot refund or exchange Products if you simply change your mind.

If you receive a Product which has been sent in error, or which doesn’t comply with its specification, contact us immediately at [email protected]. You must return the affected Product to us within 7 working days of you receiving it, in its original form and packaging. Once we receive it, we will inspect it and investigate any claimed defects as quickly as possible. If we determine that the Product is defective, or if it has been sent to you in error, we will either refund the price you paid and the postage costs, or we will exchange the Product and send you an alternative, at our election.

We may determine that the Product is not defective or has not been sent to you in error, including on the basis that you have not used the Product in accordance with its instructions, or if you have failed to take reasonable care, or for some other reason outside of our control. In this case, we may reject your claim, and return the Products to you at your cost. However nothing in these Terms and Conditions of Sale limits your rights at law.

If a Product is subject to a recall, we will do our best to notify you, and arrange for the Product to be returned.If a Product is subject to a recall, we will do our best to notify you, and arrange for the Product to be returned.

If you purchase a Product as a gift, or otherwise for delivery to someone who isn’t you, you consent to us contacting the recipient if we need to, including if there is a recall.

Intellectual Property

The entire content of the Website (texts, illustrations and computer code) is the property of the Reseller, the Merchant or their co-contractors.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Reseller’s service are trademarks, copyrights or trade dress of the Reseller. The Reseller’s trademarks, copyrights and trade dress may not be used in connection with any product or service that is not provided by the Reseller, or in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Reseller. All other trademarks or copyrights not owned by the Reseller that appear in any Reseller’s service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Reseller.

Links to Third Party Websites

The Store may contain links to other websites. The Reseller and Merchant do not have any control over these other websites and is not responsible for their content or security. If a Customer clicks on a link to such website, he/she does so at his/her own risk and is subject to the privacy policy, and terms and conditions of that website.

Confidentiality

Personal data you provide shall not be given to any third party other than the Merchant, and the Reseller’s service providers (such as payment and delivery services).

By placing a Product Order via the Website, or creating an Account on the Website, you commit to providing accurate and true information. Your personal data is indispensable for the dispatch of the merchandise and invoice. If personal data is not provided the Product Order may not be accepted by the Reseller. Your personal data shall be used to deliver ordered Products, to inform you of new offers from the Reseller and/or the Merchant, and to contact you should a problem arise concerning the Product Order. The Reseller shall not be held responsible for the use of any data provided to the Merchant, and such use shall be governed by the Merchant’s privacy policy.

Regarding further information on the privacy and processing of your personal data, please refer to our Privacy Policy, available on the Website. These Terms and Conditions of Sale are to be read in connection with the Privacy Policy, should any conflict ensue. Please refer yourself to these Terms and Conditions of Sale as a reference for your purchases and rights through your interaction with the Reseller.

Responsibilities

You agree that these Terms and Conditions of Sale do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms and Conditions of Sale.

When you use the Reseller websites, you may also be using the services of one or more third parties, such as a payment service provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. We advise you to refer to these third parties’ policies.

You acknowledge that you connect to the Website and use its services at your own risk. The Reseller and Merchant holds no responsibility for any direct or indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. The Reseller guarantees it shall take all reasonable measures to ensure the availability of its services. However, since the transactions are made via the Internet, the Reseller cannot guarantee the quality of the networks outside of its offices. Technical interruptions are possible. The Reseller shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay. The Reseller holds no responsibility in the event of any loss of your data provided. Customers must always keep a personal copy of files. The Reseller and Merchant holds no responsibility for not honouring its contractual obligations, in the event of chance occurrence, unavoidable accident or an Act of God as defined by the laws and precedents of the applicable jurisdictions.

Nor in any event will the Reseller or Merchant be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the store, the software, and any information available in connection therewith, or inability to use the software, subscriptions or any information, even in the event of the Reseller’s, Merchant’s or its affiliates’ fault, tort (including negligence), strict liability, breach of contract, or breach of the Reseller’s warranty and even if the Reseller or Merchant has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate recompense.

You agree to defend, indemnify and hold harmless the Reseller, its licensors, the Merchant and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of these Terms and Conditions of Sale or the use of the Store, by you or any person(s) using your Account, or from the Product selection to the creation of an Account, the purchase, distribution, promotion and use of any add-ons or derivative Products. The Reseller holds the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This section regarding responsibilities shall survive termination of these Terms and Conditions of Sale.

If you provide the Reseller with any feedback or suggestions about the Store, or any Reseller’s software, products or services, the Reseller is free to use the feedback or suggestions however it chooses, without any obligation to you.

The Reseller, Merchant and their respective affiliates will not be responsible for (i) losses that were not caused by any breach on the relevant party’s part, or (ii) any indirect or consequential losses that were not foreseeable to both you and the relevant party when the contract for the sale of products by us to you was formed.

The Reseller may inform you through an online notice in the case of systems’ maintenance and shall not be held responsible for any incurring ensuing delays or consequences.

Product Information

All photographs used to illustrate the Reseller's Products and services are for information purposes only and may not represent the product identically. Reseller shall not be responsible for a claim that the Product received does not identically match the Product shown on the Website.

Unless expressly indicated otherwise, the Reseller is not the manufacturer of the Products sold on the Website. While we work to ensure that Product information on our Website is correct, actual Product packaging and materials may contain more and different information to that displayed on our Website. We aim to ensure that the shade and image of our Product photos accurately represent the Products as purchased. However, variations can occur for things like colour and transparency or how opaque a product looks when used, particularly because of technical limitations in reproducing colour on screens. All information about the Products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the Product before use. To the extent permitted by law, we will not be liable for errors, variations or inaccuracies in the descriptions of the Products on the Website.

Customers’ public statements

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We hold the right to remove or edit such content. If you believe that any content on or advertised for sale on any Reseller’s service fails to meet the standard stated above or that your intellectual property rights are being infringed by an item or information on any Reseller’s service, please notify us by contacting our support team and we will respond.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) the Reseller a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) the Reseller, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. You agree that you may not assert any moral rights (“droit moral”) under this provision.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Reseller including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is true and accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify the Reseller and Merchant for all claims brought by a third party against the Reseller or the Merchant arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.

If you believe that any content on, or within a product advertised for sale on, the Website contains a defamatory statement, please notify the Reseller immediately.

Applicable Law - Competent Jurisdiction

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, THE RESELLER, THE MERCHANT, THEIR RESPECTIVE LICENSORS, AND ITS AND THEIR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

You agree that these Terms and Conditions of Sale shall be deemed to have been made and executed in Australia, and any dispute arising hereunder shall be resolved in accordance with the law of Australia. Subject to Dispute Resolution by Arbitration below, you agree that any claim asserted in any legal proceeding by you against the Reseller shall be commenced and maintained exclusively in Australia, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under these Terms and Conditions of Sale, the prevailing party will be entitled to attorneys’ fees and expenses.

Nothing in these Terms and Conditions of Sale limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

If any of these Terms and Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

If you breach these Terms and Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions of Sale.

These Terms and Conditions of Sale shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions, of this section alone, such provisions will not apply to you.

Except as otherwise expressly stipulated in these Terms and Conditions of Sale, in the event that any provision of these Terms and Conditions of Sale shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.

These Terms and Conditions of Sale, the Reseller’s Privacy Policy and the Merchant’s Privacy Policy constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.

Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, for all of which we hold an unmitigated discretion to execute. Furthermore, by submitting an infringement notice, you grant the Reseller the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Reseller and Merchant for all claims brought by a third party against the Reseller or the Merchant arising out of or in connection with the submission of your infringement notice.

Customs

You agree to comply with all applicable import/export laws and regulations. You agree not to export the Product or allow use of your Account by individuals of situated in a country subject to an embargo or prohibition of any form from the European Union, the US government or NATO. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.

When ordering products from the Reseller for delivery outside of Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.