Terms and Conditions

            

Online Shopping Terms and Conditions

Welcome! You’re at https://divafulbeauty.com, which is owned by Divaful Beauty (ABN - 69945542376). The following Online Shopping Terms, together with our Privacy Policy, and Website Terms and Conditions of Use apply to your access to and use of our online shop and the supply of products and services ordered via our website.

By ordering products and services from our online shop, you acknowledge that you have read, understood and agree to be bound by these Online Shopping Terms and the Terms and Condition of Use of Website (including Disclaimer) and Privacy Policy.

General Notice

  1. You may buy products and services offered online by Divaful Beauty by navigating the catalogue and shopping cart available on our website.
  2. To buy products or services via our website, you must be at least 18 years of age. 
  3. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.
  4. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged.
  5. If your PayPal account or your credit card is charged for the purchase and we cancel the order, we will notify you and credit your PayPal account and credit card account for the amount charged, including delivery charges and applicable taxes and duties, at our discretion.

Prices

  1. All prices displayed on the website are in Australian Dollars and are inclusive of the Australian GST Tax (currently set at a rate of 10%) unless your billing address is outside Australia, but exclude delivery charges and customs duty and other taxes, if applicable.
  2. All prices exclude foreign taxes, VATs, and any additional customs or excise duties.
  3. Prices for our products are subject to change without notice.
  4. Any orders placed on items with incorrect prices due to data entry error can be cancelled or refused by Divaful
  5. If payment has already been made you will be given the option to remedy the price or receive a refund.

Special offers

  1. Divaful Beauty may provide special offers in relation to our products and services from time to time.
  2. At any time, we may terminate any special offer without advance notice.
  3. If terminated, a special offer will continue to apply to products and services you ordered in good faith in accordance with these Terms before the special offer was terminated.

Products

  1. All orders are subject to availability of stock.
  2. If for some reason your PayPal, Shopify, Afterpay, Zip pay account or credit card has been charged for an item that is out of stock, we will cancel your order and issue a full refund to your PayPal, Shopify pay, Afterpay or your credit card account in the amount charged.
  3. Divaful Beauty takes all reasonable steps to verify that the order placed and the credit details are bona fide.
  4. We have the right to cancel and refund your order if you do not fulfill the requirements of our verification checks to assist in online credit card security.
  5. We have made every effort to display as accurately as possible the colours and images of our products that appear in the listing.
  6. We cannot guarantee that your electronic device screen will display any or all colours.
  7. Product ingredients and components are subject to change at the manufacturer's discretion. For the most complete and up-to-date list of ingredients and components, please refer to the product packaging.
  8. A customer is prohibited from purchasing goods for the purpose of resale to other persons whether as a business or non-business.
  9. Goods are only for personal use including but not limited to gifting and/or on behalf of another for their personal use.
  10. Resale, as prohibited under these terms and conditions, may result in cancellation and/or refusal of your order for goods.

Payment

  1. The full payment for your order (including the product price and applicable delivery charges) is deducted from your chosen payment method on completion of your order.
  2. We accept payment via PayPal, Shopify pay, Afterpay, Zip pay, and credit card and do not retain or store credit card details.
  3. PayPal, Shopify, Zip pay and Afterpay have separate terms and conditions that govern third-party payment processing and we are not responsible for the application of third-party payment procession term and conditions.
  4. The majority of inventory Items will be posted within 2 business days of receiving cleared funds.
  5. During heaving promotional periods like Christmas, delivery time can be extended.

Refunds

Please select your items carefully as Divaful Beauty does not refund or exchange items if you change your mind.

 

Returns and Exchanges                                                                                                                                                                                   

  1. We are unable to accept any returns or exchanges on makeup, cosmetics, cosmetic tools (such as brushes) or beauty products, where the original seal or packaging is broken due to hygiene reasons.
  1. You may exchange an item PROVIDED items are returned in original conditions (all seals unbroken), in original packaging and proof of purchase provided.
  2. You must contact Divaful Beauty at info@divaful.com.au  within 7 days of receiving the order and provide your name, order number and the reason for exchange for the item(s) to be exchanged or returned.
  3. Upon notification of exchange request instructions for return of items and return address will be provided.

Incorrect Order

  1. If the customer has selected the wrong product by mistake and its already been shipped, we cannot accept a return however if we are contacted immediately, we can change the product if the item has not been processed and shipped yet.
  2. Divaful Beauty reserves the right to refuse an exchange if the request is made after 7 days.
  3. In all cases of exchange, the purchaser is responsible for all return and delivery costs and will be required to pay any difference in cost of new items if applicable.

Defective or Faulty or Damaged Items

This section applies where the item received defective or faulty in formulation, appearance or application or where the item has been damaged during transit.

  1. You must notify Divaful Beauty immediately upon noticing any defects or faults prior to use AND within 7 days of receiving the order and provide your name, order number and details of the defects or faults and a photographic evidence or return the product within 30 days.
  2. Upon notification of a request for refund of item(s) claimed to be defective or faulty, a return address for the items will be provided and a pre-paid eParcel return slip will be sent to you via email or post. This slip is to be added to the parcel and returned to the Divaful Beauty Online Return Orders office for processing.
  3. Returned items will be examined for faults or defects and you will receive a notification from Divaful Beauty about whether it agrees that the items are faulty or defective within 48 hours of the receipt of items by us.
  4. If deemed faulty by Divaful Beauty, a replacement item will be shipped where possible (subject to stock availability) or a refund will be issued.
  5. Divaful Beauty will not be responsible if your return is lost in transit back to Divaful Therefore, we recommend that you send all returns by traceable post.
  6. Returns will be processed within 10 business days from the day the return arrives at Divaful Beauty premises.

Errors

  1. While we make every effort to keep our website content current and relevant, from time to time there may be errors on our website such as wrong pricing, wrong descriptions, and offers for products that are not available or are no longer available. 
  2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  3. Divaful Beauty is under no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law.
  4. Despite any clause in these Terms, to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and PayPal, Shopify pay, Afterpay, Zip pay or a credit card has been charged. 
  5. If PayPal, Shopify Pay, Afterpay, Zip pay or your credit card is charged for the purchase and we cancel the order, we will notify you and credit your PayPal, Shopify Pay, Afterpay, Zip pay or credit card account for the amount charged.

 

Delivery/shipping/insurance

You understand and agree

  1. It is your obligation to enter the correct delivery address details at the time of ordering.
  2. If your goods are returned because an incorrect address was provided you will be required to pay shipping and insurance costs to the correct address prior to the release of your item/s.
  3. The majority of inventory Items will be posted within 2 business days of receiving cleared funds.
  4. It is your responsibility to inform us promptly if an order does not arrive by emailing info@divafulbeauty.com

                                 Promotional Periods

  1. During public holidays and promotional periods, for example, Christmas and Mother’s Day, delivery times may be extended.

                                 Domestic Shipping

  1. We use Australia Post and selected couriers for all domestic shipping.
  2. Current charges are as follows:
  3. Express post (Australia post) $10 1-3 business days
  4. Orders over $80 qualify for free Express Shipping
  5. You have the option to choose a different delivery address than your billing address.
  6. For domestic shipping, please allow up to 10 business days after dispatch for delivery Australia wide depending on your location.
  7. You may provide a residential address or PO Box Number for delivery.
  8. Please allow additional time for Regional destinations and high-volume holiday periods. International shipping
  9. For international shipping, we use Australia Post’s Registered Post service.
  10. This option is preferred as this service provides for faster delivery times and the peace of mind of full tracking and signature on delivery and allows us to provide our best service.
  11. International shipping charges are a flat rate of $18 per order (New Zealand) and $20 per order for all other international destinations.
  12. Divaful Beauty takes no responsibility once your item/s have left Australia.
  13. Divaful Beauty will not be held responsible or liable for any customs duties/taxes, restrictions and/or delays which may exist at a specific destination.
  14. Tracking numbers are included with all deliveries.

Returned/unclaimed/lost packages

  1. You will receive an email with tracking information when your order has been dispatched to you via Australia Post.
  2. Upon dispatch, your order and parcel become the property of Australia Post.
  3. We can assist to track and locate a lost parcel by providing shipping information if you email info@divafulbeauty.com.au, however, Divaful Beauty does not accept responsibility for lost parcels.
  4. If you are not home when Australia Post attempts the delivery, a card will be left notifying you that your package will be awaiting collection at a local post office.
  5. Australia Post will only hold your parcel for a maximum of 10 days before returning it to Divaful Beauty.
  6. If this occurs, you will be responsible associated re-delivery costs.
  7. Please note that if your item is returned to us because you have not collected it, Australia Post will charge a return fee of $10 which will be passed on to the customer.

Title

Title (including the risk of loss and damage) in goods purchased pass to you upon delivery to you.

Product warranties

  1. To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods or services supplied by us (Warranties), other than those implied by statute which may not be legally excluded. 
  2. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the goods or services again, at our option.   

Liability Disclaimer

  1. Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
  2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
  3. You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
  4. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
  5. To the extent legally permitted, under no circumstances are we to be held liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages.
  6. This exclusion and waiver of liability apply to all legal causes of action, including but not limited to contract, warranty, or negligence.
  7. Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, as described in these terms and conditions, you agree such refund is the total amount of our liability to you for all circumstances relating to the refund

Medical Disclaimer

  1. All products purchased are purchased for personal use and you make the purchase and use the products for their general description application at your own risk. 

                      Allergies

  1. Divaful Beauty cannot be responsible for allergies to products and resultant ailments if any.  It is your responsibility to familiarise yourself with the ingredient and component list of any product prior to use or to contact the manufacturer if you have concerns.
  2. No product provided can be considered to be provided as a personal prescription or provided on the basis of or considered as health or medical advice and does not in any way replace the advice, therapy, treatment or prescription protocol provided by your medical or health professional.
  3. You have purchased a product. You have not purchased any individual health advice.
  4. If you have any health or medical issue, we strongly advise you seek advice from a suitably qualified health and/or medical professional before you use any product from this site.

Excusing events

  1. You acknowledge and agree that we are excused from supplying our products, services, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control.
  2. We will endeavour to notify you of any delay and its expected duration.
  3. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

Entire agreement

These Terms together with the Website Terms and Conditions (including Disclaimer) and Privacy Policy set out the entire agreement between you and us and supersede all prior communications.

 

 

Alterations

  1. We may alter these Terms from time to time by posting the altered version on our website.
  2. You should visit the website regularly to keep up to date with any alterations.
  3. In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.

Applicable law

You agree to deal with us in good faith and in compliance with all applicable laws.  These Terms are governed by the law of Queensland, Australia.

Notices to you

We may notify you by email, a general notice on this website or by another reliable method to an address or using contact information previously provided by you.

Contacting us

You can contact us by emailing info@divafulbeauty.com