STYLD.® - Terms and Conditions and Returns Policy

GENERAL TERMS & CONDITIONS

1. Interpretation and General Terms

1.1 “Australian Consumer Law or ACL” means the Competition and Consumer Act 2010.

1.2 “Customer” or “You” shall mean the person accessing STYLD.®’s Website or named on any invoice provided by STYLD.® to the Customer or You or as otherwise specified on these Terms and Conditions, being the person for whom Products and services are provided, and includes any person acting with the apparent authority of the Customer.

1.3 “Terms and Conditions” means these terms and conditions of purchase which are intended to be read in conjunction with STYLD.®’s Website Terms of Access, Privacy Policy, Returns Policy, and any terms and conditions specified on the invoice issued to the Customer or any other warranty documentation or other documentation provided by STYLD.®.

1.4 “Purchase Price” means the price (inclusive of GST) payable by the Customer to STYLD.® for the Products and any services performed, including the amount as stated on any tax invoice issued to the Customer.

1.5 “Products” means the goods or products provided, or due to be provided to the Customer or services performed for the Customer of any kind, as requested by the Customer.

1.6 The singular number includes the plural and vice versa. Words importing the masculine gender only include the other genders. Words importing persons include companies and corporations and trusts and vice versa.

1.7 Where more than one person is the Customer, those persons shall be jointly and severally liable hereunder and each person comprising the Customer will be deemed to have the authority of all of them.

1.8 Where a Customer is the trustee of any trust, they are bound to these Terms and Conditions in their personal capacity, and as trustee of the relevant trust, and agree to exercise any rights of indemnity in favour of STYLD.®.

1.9 Notwithstanding any change of the trading structure of the Customer, the Customer will remain liable for all Products provided or to be provided and Products requested by either the Customer or the Customer’s agents, employees or contractors and STYLD.® may invoice the Customer directly for all charges incurred, until the Customer finalises all accounts with STYLD.® and provides notice that the Customer no longer wishes to have an account.

1.10 Any order of Products or presumed order of Products and/or services will be a deemed acceptance of these Terms and Conditions.

1.11 If a provision of this document is illegal or unenforceable, then that word or those words are read down. If reading down is not possible, that word or those words are severed; and in any other case, the whole provision is severed, and the remainder of this document continues in force.

1.12 The failure for any period whatsoever of STYLD.® to exercise any right or remedy which they may hereafter have at law against the Customer shall not be an abandonment or waiver of any right or remedy.

2. Offer, Acceptance and Withdrawal, and Obligations of STYLD.®

2.1 All quotations made by STYLD.® unless stated to be fixed, are estimates only. All orders are subject to acceptance by STYLD.® and are irrevocable by the Customer. Subject to clause 2.2, by accepting orders to provide Products, STYLD.® will devote its time and ability to providing the Products.

2.2 STYLD.® may, at any time, refuse to provide any further Products or services, or extend any credit, despite the acceptance of any offer or any application.

2.3 Notwithstanding termination of this agreement for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.

2.4 Any styling advice services provided to the Customer by STYLD.® are given on an ‘as is’ basis.

3. Time for completion of Products, Delivery & Inspection

3.1 Whilst STYLD.® will use reasonable endeavours to complete and deliver Products, or obtain Products for sale by the time specified to the Customer, STYLD.® accepts no responsibility, and the Customer is not entitled to compensation or to bring any claim if the Products are not complete in the time specified because the Products are not available at the time specified, or at all. STYLD.® is not liable for any loss to the Customer because of a failure to complete or deliver Products in these circumstances. For the avoidance of doubt, although STYLD.® will use reasonable endeavours to procure the delivery of the Products in a timely manner, it does not provide any guarantees as to estimated shipping and delivery times. Accordingly, You agree to release STYLD.® from any claims arising from or in connection with estimated shipping and delivery times.

3.2 If STYLD.® provides the Customer with a written quote as to an estimated date of completion of Products and/or supply services or delivery of Products and/or supply services, this clause applies. If the Products and/or supply services are not completed, or the Products and/or supply services have not arrived, within three (3) months of the date as quoted by STYLD.®, then either party may terminate the engagement to perform the Products and/or supply services, unless the delay is due to an event beyond the reasonable control of STYLD.®, whereby the completion of Products and/or supply services or delivery of the Products and/or supply services will be delayed until a reasonable time after such event. Any Products and/or supply services performed to that date, or Products and/or supply services supplied to that date, must be paid. Termination is the Customer’s only remedy.

3.3 If the Products are to be collected, then the Customer will be notified when Products are ready for collection. Should the Customer refuse, be unable to, or not take delivery of the Products within fourteen (14) days of being notified that the Products are available, STYLD.® may retain any monies already paid by the Customer by way of pre-estimated liquidated damages, terminate the agreement between the parties and exercise any other rights available at law or under this agreement.

3.4 If the Products are to be delivered, You will ensure access at the delivery location. If there is no one present at the delivery location to receive the Products, STYLD.® will, unless instructed to leave the Products at a specific location at the delivery address, return the Products back to our premises or a premises as designated by the party delivering the Products (in which case You will be responsible for any additional return and re-delivery expenses). If You authorise STYLD.® to leave the Products at a designated location within the delivery address, You acknowledge that the Products are left at your risk.

3.5 Where in any case a person who, so far as STYLD.® is reasonably aware, has the authority to collect the Products, collects the same, STYLD.® shall not be responsible for any loss or damage resulting, on the grounds that such person had in fact no such authority, even if payment has already been made. It shall not be an obligation of STYLD.® to seek confirmation from the Customer of the person’s apparent authority; however it may choose to do so.

3.6 You agree and acknowledge that the risk in the Products will transfer from STYLD.® to You either on collection by You of the Products or delivery of the Products to the address provided by You (whichever occurs first).

(Remaining clauses 3.7–14, Returns Terms & Conditions updated identically with STYLD.® references.)

RETURNS TERMS & CONDITIONS

  1. Subject to ACL and Terms and Conditions

1.1 This policy must be read in conjunction with and is subject to STYLD.® (‘we’, ‘our’) standard trading terms and conditions, and in particular clause 8 of those standard trading terms and conditions.

1.2 If any products supplied or services performed are subject to the Australian Consumer Law, then those products or services come with guarantees that cannot be excluded under the Australian Consumer Law. If the Australian Consumer Law applies, then the Customer (‘you’, ‘your’) are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and You are also entitled to have the product repaired or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure.

  1. Returns

2.1 Please choose carefully. As arrangements by us for the product to be available are acted upon quickly, we do not offer a change of mind refund, return, exchange or cancellation.

2.2 We will allow You to return a product or provide a refund if the law requires us to do so. Generally, You are entitled to a refund or replacement product in the following circumstances:
(a) The product has a problem that would have stopped someone from buying it if they had known about the said problem;
(b) The product is unsafe;
(c) The product is significantly different from the sample or description;

2.3 All items returned must be returned in original, unused condition. We do not provide refunds or exchange of products for products that have been used.

  1. Contact details

4.1 Any claims made pursuant to this Returns Policy must be notified to Hello@styld.net.au.