TERMS & CONDITIONS OF SALES THROUGH SHINES AND SHIMMERS

By using or browsing this site, you have read understood and agree to be bound by these Terms and Conditions and any other guidelines or rules applicable to other services that may be posted from time to time. If you do not agree with any part of the following terms of conditions you must leave this site. If you are uncertain or anything, you can always contact us.

 1. Pricing & Availability
 2. Authenticity
 3. Products Details
 4. Payments
 5. Overseas Orders
 6. Returns, Order Cancellation, Damaged Goods
 7. Cancellation of Orders
 8. Order Confirmation and Acceptance
 9. Data Privacy Policy
10. Licence and Copyright Information
11. Medical Importance
12. LIABILITY


1. Pricing & Availability

All prices listed and quoted are in AUD$ and GST exclusive. We reserve the right to change any advertised price before accepting an order. Prices with a marked recommended retail price (RRP) refer to prices the manufacturer recommends goods are sold at in the Australian market, or prices that retailers within Australian market are currently offering the same product. All products are subject to availability and may be withdrawn at any time. If your order cannot be fulfilled you will be offered an alternative or given a refund for the unavailable product(s).

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2. Authenticity

We guarantee that all advertised products are 100% genuine, but to find the best prices for our customers we may occasionally sell stock originally intended for sale in other countries around the world, this means that trade names of products and packaging of products may differ from those on sale in the Australia. These details will be identified clearly against the product description.

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3. Products Details

Some products may have an associated image or photo, these are for reference only and should be considered illustrative. In the case of unboxed items or testers the price of the equivalent regular goods may be shown for reference only. We do not supply any testers free of charge, unless otherwise specified. Testers are the regular products quite often in a bottle / packaging and may or may not be marked as a tester. Some items may be marked not for individual sale. By submitting you order to Direct Cosmetics, you are confirming that you are aware of this fact and do not consider this to be a problem with ordering that product. We make every effort try to ensure all products marked as such are identified on the system.

 
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4. Payments

Payment can be made using any of the methods given above. Payment will be debited to your account before despatch of your purchase. We will take all reasonable care, in so far as it is our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from Shines & Shimmers.


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5. Overseas Orders: All overseas orders must be fully paid for before they are shipped.

 
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6. Returns, Order Cancellation, Damaged Goods

If a product has been damaged in transit or is faulty, please contact us on 03 9557 5755 within 2 working days of order receipt to arrange a replacement or a refund and return of the faulty item by second class post. In such cases we will refund the postage cost of returning the item and any replacement will be sent with no further P&H charge. In order to send a product back to us, you MUST have a Return Merchandise Authorization Number (RMA #). This will be given to you by the salesperson taking your call and must be written on the outside of the box/envelope. Items returned without a RMA# will be refused and will cause a delay in credit. In some cases your salesperson may ask you to keep the defective or wrong item instead of returning it. Occasionally we may offer "as-is" items at heavily discounted rates. Items purchased "as-is" may not be returned for damage.

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7. Cancellation of Orders

Except at the busiest time of the year (e.g. Christmas, Easter) orders are normally despatched to you within 2 working days of receipt by us. If you wish to cancel BEFORE we have sent goods, you must do so by phone and confirm by email or fax at the same time. If your order has not been sent, it will be cancelled and there will be no charge whatsoever.

If you change your mind and cancel AFTER your order has been sent to you or after receiving the goods the following procedures apply :

When you receive your order, you have a “ cooling off period” of 3 days to return the ordered products if you have changed your mind and wish to cancel. The goods must be returned unused, unopened and in the same condition as they were originally despatched from Shines & Shimmers.

We will not accept for exchange or refund of any item which has been used or is not in the exact condition in which it was despatched by us. You must contact us by phone to confirm which items are being returned. You will be requested to return the goods by post (we recommend you get Proof of Posting) and will be required to pay the cost of returning the goods. There will be no refund of the cost of returning the goods or of the original postage and handling charges. Any free gifts associated with an item must be returned at the same time. Please return them to the address at the bottom of the page along with a note of your details and the reason for return. Refunds will be made to the original charged account within 14 days of receipt of the returned goods.

These conditions do not affect your statutory rights. It is always helpful to know why you have changed your mind and cancelled an order.

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8. Order Confirmation and Acceptance

You will be contacted by phone, e-mail or fax confirming receipt of your order with Shines & Shimmers. All orders are accepted subject to our Terms and Conditions of Sale.

We reserve the right to decline any order but would generally only do this if one or more of the following occurs:

(a) Where goods are not available
(b) Where we cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error OR
(d) If you do not meet any eligibility criteria set out in our terms and conditions.

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9. Data Privacy Policy

We will not and do not supply any of your details to any third party at all. The privacy of your personal information is very important to us. From time to time we may send you e-mail notifications of NEW arrivals or promotions from Shines & Shimmers. In all e-mails you will be given the option to be removed from our mailing list, which will mean removal of your details from our mailing list. You will not be sent future correspondence unless you request to be added to our mailing list at a later date.

Shines & Shimmers will not pass on any of your details to third parties unless required to do so as part of the order verification process or if required to do so by Australian governing law. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully.

We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service. We will not e-mail you in the future unless you have given us your consent. We will give you the chance to refuse any marketing email from us or from another trader in the future. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.

As a statement these Terms and Conditions do not affect your statutory rights as a consumer. Sales on this web site are governed by Australian law and you agree to submit any dispute to the exclusive jurisdiction of the Australian courts. All orders are subject to these terms and conditions, and no amendments will be accepted by us.

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10. Licence and Copyright Information

You are permitted to print and download extracts from this Website for your own use on the following basis:

(a) No documents or related graphics on this Website are modified in any way;
(b) No graphics on this Website are used separately from accompanying text;
(c) Any of our copyright and trade mark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clauses above for any purpose is prohibited.

If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. Subject to the above clause no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.

 
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11. Medical Importance

If you are on any prescription medication that causes sensitive skin, undergoing any cosmetic surgery procedures, have sun-damaged or photo-sensitive skin, we recommend that you consult your GP or Surgeon before using any of our products. We supply cosmetics which contain herbal ingredients but do not sell any medicines or medical treatments.

Any reference to medicinal or health or cosmetic benefits is not meant to treat or diagnose any problem and is not meant to replace professional medical advice and should not take the place of any medication that has been prescribed by a physician. We suggest you use caution when using any new product. None of our products are to be used in place of any medicinal item. If in doubt, please always consult your doctor.


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12. LIABILITY

We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

We are confident that you will be happy with our products providing you follow the instructions carefully. A very small (less than 1%) number of people may experience an adverse reaction to our products, which is why we recommend a skin patch test before using the product as intended. We cannot be held responsible for any adverse reactions to the skin or health following correct or incorrect application unless the product proves to be faulty or unsafe.

 
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