Online Purchase Terms and Conditions

These Terms and Conditions of Use (Terms) apply to the purchase of goods and services from the Sensation Makeup Artistry ABN 97 890 559 329 (‘we’, ‘us’, ‘our’) website located at https://sensationmakeup.com.au, and all associated websites and sub-domains (collectively, the Site). By placing an order via our Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.

    1. Our contract

When you place an order via our Site, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that your goods and/or services have been processed. Only those goods and/or services listed in the confirmation e-mail sent at the time will be included in the contract formed.

    1. Pricing and availability
          1. Prices are inclusive of GST and are displayed in Australian Dollars (AUD) on the Site.
          2. Prices are subject to change, effective immediately upon posting to the Site or other form of notification.
          3. Whilst we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the price of any goods and/or services which you have advertised, we will correct the error as soon as it comes to our attention.
          4. Delivery costs of goods will be charged in addition to the cost of the good/s; such additional charges are clearly displayed where applicable and included in the total cost.
    2. Payment
          1. We use a third party payment processor, PayPal (Payment Processor) as a gateway provider to process payments and host administer our online ordering system.
          2. By placing an order with us you acknowledge you will be deemed to accept the Terms and Conditions of the Payment Processor which can be accessed here Terms.
          3. Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.
          4. Your payment card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods and/or services you wish to purchase. Once the goods and/or services have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.
          5. You confirm that the payment card, PayPal or Afterpay account that is being used is yours.
    3. Delivery
          1. Non delivery of goods and/or services must be reported to us as soon as reasonably practicable.
          2. If we quote or propose a timeframe for provision of the service/s or delivery of good/s that proposal is an estimate only and cannot be relied upon for any purpose.
          3. A claim that a delivery of goods and/or services was not of the kind or quantity contracted for is not valid unless advised in writing (with reasonable details) to us within 10 business days after the supply was first delivered to you.
          4. Risk of loss of any goods will no longer apply to us once goods are shipped.
    4. Gift Vouchers
          1. Our gift vouchers are valid at the Site only. Vouchers will not be replaced if lost or stolen, including instances where the incorrect email address has been supplied by the purchaser. Vouchers cannot be exchanged for cash, a discount or anything else and no change is given. Any remaining balance can be used for future purchases.
          2. Gift vouchers may be purchased on or via the Site and are redeemable towards any good or service purchased on or via the Site. Vouchers cannot be purchased using PayPal or Afterpay. The dollar value on a voucher includes GST.
          3. A gift voucher will only be redeemable up until 3 years from the issue date of the voucher.
          4. To redeem a voucher you must enter the unique voucher code at the online checkout on or via the Site.
          5. If you make a purchase using the voucher for an amount that exceeds the voucher balance, you must pay the excess amount using another payment method.
          6. You can combine the balances of multiple vouchers to complete a purchase.
    5. Refund policy
          1. Except in accordance with the Australian Consumer Law (or the relevant consumer law of your Country) no refunds are offered for change of mind following shipping.
    6. Your warranties
          1. You warrant to us that any information, document, specification you provide to us or use of our goods and/or services shall not infringe any third party intellectual property right, shall not infringe any moral right, is accurate and is not defamatory or otherwise unlawful or contrary to community standards and you agree to indemnify and keep indemnified us from any breach of this warranty.
          2. We shall have the right to refuse or cease, at our sole unfettered discretion, from providing our goods and/or services if we believe they may be contrary to the warranty in clause 7.1.
          3. When following our advice in our online courses, you warrant that you will use all equipment and product/s safely by following the manufacturer’s instructions. Check that the equipment and product/s are suitable for the intended use. If you are uncertain, please consult an expert to assist with use of the equipment and/or product/s.
    7. Limitation of Liability
          1. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:
  1. interruption of business;
  2. access delays or access interruptions to the Site;
  3. data non-delivery, misdelivery, corruption, destruction or other modification;
  4. computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including clicking any hyperlink to or from a third party website;
  5. any inaccuracies or omissions in the Site or content; or
  6. events beyond our reasonable control.
          1. We have no liability to the extent that a failure of delivery of goods and/or services is attributable to any act or omission on your part.
          2. Our liability for failure to comply with a consumer guarantee is limited to services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.
          3. Subject to the foregoing, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
          4. In all other respects, our total liability for loss or damage of every kind arising pursuant to these Terms or arising in any other way out of or in relation to the supply of goods and/or services, their sale, delivery or the way they behave, and whether in tort of contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods and/or services.
          5. Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods and/or services supplied pursuant to these Terms.
    1. Indemnity
          1. You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, to the extent we are not at fault.
    2. Warranty disclaimer
          1. Our online makeup courses provide assistance with makeup application. Whilst we have taken reasonable steps to ensure the efficacy of the service, it is however only a broad guideline and the techniques and products that work for each person may vary for a variety of factors (for instance skin types and allergies) therefore we cannot make any representation or warranty of the reliability of the advice provided. Always consult with a makeup or skin expert as to your personal circumstances before relying on any information we provide. We recommend that you suspend use of our advised techniques or products if you experience a bad reaction to any such technique or product.
          2. All make-up products may deteriorate or spoil when exposed to extreme heat and be subject to oxidization overtime when left often. We recommend that you following the directions on use and storage as specified with/on the product packaging.
          3. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.
          4. The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
          5. Any promotional materials (other than official technical specifications) we publish only give a general idea of the goods and/or services on offer and cannot be relied on for any purpose.
          6. 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 for individual or specific 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 any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free; and
            2. the Site is presented ’as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.
    3. No Commercial Use
          1. The Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not 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. You may not use the Site (and any goods or services purchased on or via the Site), or any of its 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, group buying sites social media sites or otherwise.
    4. Breach and Termination
          1. If, in our reasonable opinion, you breach any provision of the Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Site. In any event, we may terminate the Terms (and your right to use the Site) at any time and for any reason, without prior notice to you.
    5. Force Majeure
          1. We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any 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, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, 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
    6. Intellectual property
          1. The specifications and design of the goods and services (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.
          2. You grant us a limited, royalty free, non-exclusive, worldwide, revocable licence for the purpose of delivering the goods and/or services and internal business and record keeping to the intellectual property contained in any document, information or specification you may provide to us.
    7. Waiver
          1. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
          2. Without limiting the foregoing, any failure to enforce any of our rights under these Terms does not constitute a waiver of those rights.
    8. Severability
          1. Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
    9. Entire agreement

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

    1. Governing law

These Terms are governed by the laws in force in South Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

    1. Complaints

If you wish to complain about any matter in respect of the goods please contact Customer Service by emailing us here: alastair@sensationmakeup.com.au