Terms & Conditions

Thic Cosmetics ©™

Website Terms and Conditions

Overview

This website, www.thiccosmetics.com, is operated by Thic Cosmetics Pty Ltd (ACN 653057973) (the Website). Throughout the site, the terms “we”, “us” and “our” refer to Thic Cosmetics. The website provides you with an opportunity to browse and purchase various products listed for sale through the Website (“the Products”). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

Thic Cosmetics offers this website, including all information, tools, Purchase Services and Products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here

Please read these Terms and Conditions carefully. By visiting, accessing, reading and/or using any part of the website and/or purchasing Products from us, you:

agree to be bound by all these terms and conditions (the “Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink;

have read and understood the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Thic Cosmetics in the user interface.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Purchase Services and must cease usage immediately.

These Terms of Service apply to all users of the Website, including but not limited to users who are browsers, vendors, customers, merchants, and/ or contributors of content.

General Terms

In using our website and Purchase Services you agree to the following:

You may not use our website or Purchase Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of your use of our Services. We reserve our right to take appropriate legal action for any illegal or unauthorised use of the Website.

You must not transmit any worms or viruses or any code of a destructive nature.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You understand that your content (not including credit card information), may be transferred unencrypted and involve

transmissions over various networks; and

changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

A breach or violation of any of the Terms will result in an immediate termination of your use of our website and/or Purchase Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service at our sole discretion. When Thic Cosmetics updates the Terms it will use reasonable endeavour to provide you with notice of updates to the Terms, however, it is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc (“Payment Gateway Provider”). They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Purchase of Products and Return Policy

In order to purchase our Products through the Website, you may be required to provide personal information including:

Email address
Mailing address
Telephone number
First and Last Name

You warrant that any information given to us will be always accurate, correct and up to date.

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (‘the Purchase Price’).

Payment of the Purchase Price may be through Shopify (the Payment Gateway Provider). In using the Purchase Services you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase price being confirmed by Thic Cosmetics, you will be issued with a receipt to confirm that the payment has been received and Thic Cosmetics may record your purchase details for future use (see ‘Privacy Policy’).

Thic Cosmetics may, at their sole discretion, provide a refund on the return of the Products within 14 days where the product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Purchase Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Purchase Services.

We reserve the right to refuse Purchase Services at our sole discretion to anyone for any reason at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate information for all purchases made on our Website. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Warranty

Thic Cosmetic’s products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss of damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the Warranty).

You may make a claim under this clause (the Warranty Claim) for material defects and workmanship in the Products within 30 days from the date of purchase (the Warranty Period).

In order to make a Warranty Claim during the Warranty Period you must provide proof of purchase to Thic Cosmetics showing the date of the purchase of the products, provide a description of the products and the price paid for the Products by sending written notice to Thic Cosmetics by email at info@thiccosmetics.com.

Where the warranty claim is accepted then Thic Cosmetics will, at its sole discretion, either repair, or replace any defective Products or part thereof with a new or remanufactured equivalent during the warranty period at no charge to you for parts of labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

The Warranty shall be the sole and exclusive warranty granted by Thic Cosmetics and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

All implies warranties including the warranties of merchantability and fitness or use are limited to the Warranty Period.

The Warranty does not apply to any appearance of the supplied products nor to the additional exclusive items set forth below not to any supplied products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service of handling, or which has been altered or modified in design or construction.

Delivery

You acknowledge that the Purchase Services offered by Thic Cosmetics integrate delivery (the Delivery Services) through the use of third-party delivery companies (the ‘Delivery Service Providers’).

In providing the Purchase Services, Thic Cosmetics may provide you with a variety of delivery and insurance options and merely as part of the delivery services by the delivery service providers. You acknowledge and agree that Thic Cosmetics is not the provider of these delivery and insurance options and merely facilities your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

In the events that an item is lost or damaged in the course of the Delivery Services, Thic Cosmetics asks that you:

Contact the Delivery Service provider directly to request a refund or to claim on any insurance options available; and
Contact us by sending an email to info@thiccosmetics.com outlining in what was the Products were damages in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services

You acknowledge and agree that Thic Cosmetics is not liable for any lost or damaged products in transit and/or under the care of the Delivery Service Providers.

Copyright and Intellectual Property

The Website, the Purchase Services and all related Products of Thic Cosmetics are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated all rights (including copyright) in the site content and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips and software (“the Content”) are owned or controlled for these purposes, and are reserved by Thic Cosmetics or its contributors.

Thic Cosmetics retains all rights, title and interest in and to the Website, Products and all related content. Nothing you do on or in relation to the Website will transfer to you:

The business name, trading name, domain name, trade mark, industrial design, patent registered design or copyright of Thic Cosmetics;
The right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
A system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

You may not without the prior written permission of Thic Cosmetics and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy and Personal information

Thic Cosmetics takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Thic Cosmetics’s Privacy Policy, which is available on the website. To view our Privacy Policy, please see https://thiccosmetics.com/pages/privacy-policy

Third Party Links

Certain content, products and Services available via our Website may include materials from third-parties.

Third-party links on our Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

General Disclaimers

You acknowledge that Thic Cosmetics does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

Thic Cosmetics will make every effort to ensure Products are accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the website.

Nothing in these Terms limits or excludes any guarantees, warranties, representation or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause and to the extent permitted by law:

All terms, guarantees, warranties, representations or condition which are not expressly stated in these Terms are excluded; and

Thic Cosmetics will not be liable for any special, indirect, or consequential loss of damage (unless such loss or damage is reasonably foreseeable resulting from out failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able ot use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort ( including negligence), in equity, pursuant to statute or otherwise.

Use of the Website, the Purchase Services and any of the products of Thic Cosmetics (including the Delivery Services) is at your own risk. Everything on the website, the Purchase Services and the product of Thic cosmetics are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents contributors, third party content providers or licensors of Thic Cosmetics including any third party where the delivery

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Limit of Liability

Thic Cosmetics total liability arising out of or in connection with the Purchase Services or these terms, however arising, including under contract, tort (including-negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase price, then the total liability of Thic Cosmetics is the resupply of information or Purchase Services to you.

You expressly understand and agree that Thic Cosmetics, its affiliates, employees, agents, contributors, third party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Thic Cosmetics is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Thic Cosmetics, by third parties or by any of the Purchase Services offered by Thic Cosmetics.

You acknowledge that Thic Cosmetics does not provide the Delivery Services to you and you agree that Thic Cosmetics will not be liable ot you for any special, indirect or consequential loss of damage, loss of profit of opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Thic Cosmetics as set out below.

If you want to terminate the terms, you may do so by:

Notifying Thic Cosmetics at any time; and

Closing your accounts for all Purchase Services which you use where Thic Cosmetics has made this option available to you.

Your notice should be sent, in writing, to Thic Cosmetics via the Contact Us link on our homepage.

Thic Cosmetics may at any time, terminate the Terms with you if:

You have breached any provision of the Terms or intend to breach any provision;
Thic Cosmetics is required to do so by law
The partner with whom Thic Cosmetics offered the Purchase Services to you has terminated its relationship with Thic Cosmetics or ceased to offer the Purchase Services to you
Thic Cosmetics is transitioning to no longer providing the Purchase Services to users in the Country in which you are resident or from which you use the Purchase Services; or
The provision of the Purchase Services to you by Thic Cosmetics is, in the opinion of Thic Cosmetics, no longer commercially viable.

Subject to local applicable laws, Thic Cosmetics reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Thic Cosmetics name or reputation or violates the rights of those of another party.

When the terms come to an end, all of the legal rights, obligations and liabilities that you and Thic Cosmetics have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provision of this clause shall continue to apply to such rights, obligations and liability indefinitely.

Indemnity

You agree to indemnify Thic Cosmetics and its affiliates, employees, officers, directors, agents, third party content providers, contractors and licensors from and against:

All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

Any direct or indirect consequences of you accessing, using or transacting on the Website, or attempts to do so, and any breach by you or your agents of these Terms;

Any breach of the Terms; and/or

All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute

Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

Within 60 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

If for any reason whatsoever, 60 days after the notice, the dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediatory be appointed by the President of the LIV Mediator Director or his or her nominee;

The Parties are equally liable for the fees and reasonable expenses of a mediatory and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediatory as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

The mediation will be held in Melbourne, Victoria Australia.

Confidential

All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as ‘without prejudice’ negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediatory must do so.

Venue and Jurisdiction

The Purchase Services offered by Thic Cosmetics is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall e in the court of Victoria, Australia.

Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The terms shall be binding to the benefit of the parties hereto and their successor and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the ground of inequality or bargaining power or general grounds of restraint of trade.

Severance

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Contact information

a) Questions about the Terms of Service should be sent to us at:

Thic Cosmetics Pty Ltd

info@thiccosmetics.com