This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products (Products) listed on our website
You should print a copy of these terms and conditions for future reference.
Your attention is drawn to clauses 8 and 11.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. If you live in the United States, please read this carefully. Do not use the services on this website, including purchasing any items, until and unless you have read these Terms & Conditions and have agreed to them.
1. Information About Us
www.glitznglam.com.au is a site operated by GlitzNGlam, Sole Trader, I or (“We”). We are registered in Australia registered with Australian Business Number (ABN) 63 702 801 678 and our office in Richmond, Victoria, Australia Our email address is firstname.lastname@example.org
2. Service Availability
We only ship Australia Wide only at present. We do not ship to any other world country.
3. Your Status
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 16 years old; and,
You are resident in one of the serviced states in Australia
4. How The Contract Is Formed Between You And Us
After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.
We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy
The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We are entitled to refuse any order made by you for any reason.
When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
5. Availability And Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
If you wish to dispute delivery of your order, you have 14 days starting from the day that the tracking status for you order is updated by the carrier as fulfilled (i.e. updated as delivered to the address set out in the Dispatch Confirmation). We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.
6. Price And Payment
The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
Prices are subject to change without notice but changes will not affect orders which We have already accepted.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Solo, Maestro, Electron and Laser Card. We also accept payments via PayPal.
The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Only one promotion code can be used per order.
7. Our Returns Policy
For details on refunds, please refer to our Returns Policy.
8. Our Liability
If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
make good any shortage or non-delivery or incorrect delivery; or
replace or repair any Products that are damaged or defective; or
refund to you the amount paid by you for the Products in question.
If you discover that your Product is faulty after 14 days We reserve the right to request evidence, such as images of the defect, before issuing any refund of the price and/or any associated delivery charges.
We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
Nothing in this contract shall exclude or limit your statutory rights.
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
9. Dispute Resolution, Binding Arbitration and Class Waiver
1. IF YOU'RE A AUSTRALIAN. RESIDENT, YOU AND WE ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: WE BOTH AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS OR DISPUTES IN COURT OR BEFORE A JURY, EXCEPT FOR DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO YOUR INFRINGEMENTS OR OTHER VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR ANY CLAIMS FOR INDEMNIFICATION BROUGHT OR ALLEGED BY US AGAINST YOU PURSUANT TO CLAUSE 12 OF THESE TERMS.. WE ALSO BOTH GIVE UP THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM OR DISPUTE. ADDITIONALLY, OTHER RIGHTS YOU MAY HAVE IF YOU WENT TO COURT ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. FOR CLARITY, THIS CLAUSE 10 REGARDING BINDING ARBITRATION AND RELATED RIGHTS AND RESTRICTIONS, INCLUDING GIVING UP RIGHTS TO BRING OR PARTICIPATE IN ANY CLASS ACTION CLAIMS, IS APPLICABLE TO ALL CLAIMS AND DISPUTES BETWEEN YOU AND US, EXCEPT FOR ANY CLAIMS OR DISPUTES BETWEEN YOU AND US THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATIONS TO INDEMNIFY US PURSUANT TO THESE TERMS.
2. BY EXPRESSLY AGREEING TO THESE TERMS AND BY USING ANY SERVICES OF OUR SITE, YOU AGREE THAT, EXCEPT FOR ANY CLAIMS OR DISPUTES THAT ARISE OUT OF OR RELATE TO YOUR INFRINGEMENTS OR VIOLATIONS OF OUR INTELLECTUAL PROPERTY RIGHTS OR YOUR OBLIGATION TO INDEMNIFY US, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
11 Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD GLITZNGLAM OWNER MANAGER, EMPLOYEES, CONSULTANTS, AGENTS, AND AFFILIATES, FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES) AGAINST GLITZNGLAM ARISING FROM, WITHOUT LIMITATION, (i) YOUR BREACH OF THESE TERMS AND CONDITIONS FOR ONLINE SALES, (ii) YOUR INFRINGEMENT OF ANY OF OUR INTELLECTUAL PROPERTY RIGHTS; (iii) YOUR INFRINGEMENT OF ANY OTHER RIGHT OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, DEFAMATION OF SUCH PERSON OR ENTITY, OR VIOLATIONS OF SUCH PERSON’S OR ENTITY’S INTELLECTUAL PROPERTY OR PRIVACY RIGHTS, (iv) YOUR BREACH OF ANY DUTY OF CONFIDENCE OR PRIVACY OWED TO GLITZNGLAM OR (v) ANY FALSE STATEMENTS OR CLAIMS MADE BY YOU IN ANY FORM ABOUT GLITZNGLAM OR ABOUT ITS PRODUCTS OR SERVICES. NOTE THAT THE ARBITRATION PROVISIONS OF CLAUSE 10 DO NOT APPLY TO ANY INDEMNIFICATION CLAIMS OR ACTIONS BROUGHT AGAINST YOU BY US PURSUANT TO THIS SECTION.
10. Written Communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at email@example.com We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12. Transfer Of Rights And Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Pandemics and Infectious Outbreaks e.g SARS-Covid Restrictions placed on operation of the business activities by Government acts, decrees, legislation regulations and restrictions
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
16. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
17. Our Right To Vary These Terms And Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. Law And Jurisdiction
Please note that these Terms and Conditions or any dispute or claim arising out of or in connection with them or use of our site (whether or not contractual) shall be governed by
Australian law. If you are a consumer, your use of our site will be governed by Australian law.
19. After-Sale Service
Questions, comments or requests regarding these terms and conditions or our Products should be addressed to Manager of GlitzNGlam - firstname.lastname@example.org
If you have any complaints these should be addressed by email to the Manager of GlitzNGlam - email@example.com
If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the ACCC and Australian Consumers Affairs.
20. Discount Code Terms And Conditions
GlitzNGlams Codes entitle you to an extra percentage (specific to the Discount Code in question) off your next online order from www.glitznglam.com.au . To claim your discount, when in the 'My Bag' section of your account there is an option to “Apply Coupon”, which allows you to enter the promotional code in order to apply it to the order.
Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property and are not transferable. There is no cash alternative. Discount codes exclude sale, beauty, premium and delivery charges. Discount Codes and related offers are not open to employees of glitznglam.com.au and we reserve the right to withdraw them and refuse or restrict any order at any time.
Payment in alternate currencies can be enabled by selecting the appropriate flag in the dropdown currency selection menu at the top of the homepage. Goods are supplied subject to our terms and conditions, which can be found on WebSite - www.glitznglam.com.au
21. Third Party
By responding #Yes to cookies you agree to the following:
You grant to GlitzNGlam and its affiliates and/or related entities a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/or other content posted to Instagram, Facebook, Twitter or Google+, together with your social media handle, social media user name, profile picture, caption and location information you may have included in your content (“User Content”) that you have tagged with any of the Hashtag(s) defined below in any media, including but not limited to on its webpages and social media pages, retailer sites, third party sites, stores for its marketing and/or its advertising. You grant GlitzNGlam the right to use your username, real name, image, likeness or other identifying information in connection with any use of your User Content.
GlitzNGlam may use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit the User Content for legal and/or regulatory reasons in any way it sees fit (while maintaining the original sentiment), with no obligation to you whatsoever.
You may directly upload User Content or post User Content to your social media accounts. By uploading User Content and posting User Content that you have tagged with Brand hashtags to social media platforms, you grant to the Brand, its third-party service providers who provide content management services including any of our retail Internet support services and company’s (collectively, the “Licensed Parties”) the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Brand tagged User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
You hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (iii) you are not a minor, (iv) you are legally entitled to post the User Content, and the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
The Licensed Parties reserve the right to remove any User Content from the Site, the Brand properties and the Services at any time, for any reason. .
22. SMS marketing communications
- Message and data rates may apply
- Maximum 1 SMS per day
- Carriers are not liable for delayed or undelivered message