Welcome to the L’atelier de Beaute website (the website), which is owned and operated by A.V. Pham & J.QUACH trading as L’ATELIER DE BEAUTE
By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, ‘us’, ‘we’ and ‘our’ means A.V.PHAM & J QUACH t/as L’ATELIER DE BEAUTE (ABN 56 281 246 386)
This page tells you the legal terms and conditions (“Terms”) on which we sell any items on the site (“Items”) to you. Please note these Terms only apply to the purchase of items on the site. Purchase of L’atelier de Beaute items from any other source (including without limitations our stores or third party stores and websites selling our items) (“Other Sources”), will be governed by the terms and conditions applicable at the relevant source. Please note that promotions and offers available for purchases on the sites may not be available for purchases through the stores and Other Sources and vice versa.
Please read these Terms carefully and make sure that you understand them before ordering any items from the site. Please note that before placing an order you will be asked to agree to these Terms. By placing an order on the site(www.latelierdebeaute.com.au) or purchasing items from the Stores you confirm your acceptance of these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time. Every time you wish to order items, please check these Terms to ensure you understand the terms which will apply at that time.
We reserve the right to amend these Terms from time to time. These Terms were most recently updated on 03 June 2020
REGISTRATION
When you register and activate your account, you will provide us with personal information such as your name, email address and password. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
You are responsible for keeping your password secure and for all use and activity which takes place in connection with your account.
To create an account, you must agree and undertake to use the website in accordance with these Terms.
COLLECTION NOTICE
We collect personal information about you in order to, for example, respond to your enquiry, create your account, send you our newsletter, process your order and for purposes otherwise set out in our Privacy Policy
We may disclose your information to third parties that help us deliver our products and services (including information technology suppliers, couriers, logistics service providers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products or services to you. We do not generally disclose your personal information to recipients that are located outside of Australia.
Our Privacy Policy explains:
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
(iii) how we will handle any complaint. If you would like any further information about our privacy procedures or practices, please contact us by email to hello@latelierdebeaute.com.au
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
You acknowledge that in placing an order and entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them including without limitation our Privacy Policy, Cookies Policy or Terms of Use. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on these terms. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION REPRESENTATION
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
Please note that whilst we take utmost care in ensuring the content on the sites (including descriptions of the items and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate, the site may at times contain typographical errors or other errors or inaccuracies and may not be complete or current and we cannot promise that it is error free. We therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Where this affects an order that you have already placed we will notify you of the error if it will impact upon your order. In this regard, we reserve the right not to fulfil any orders that you have placed based on information on the site that may contain errors or inaccuracies.
We may also from time to time and without notice, change or add to the website (including the Terms) products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US ON THE SITE
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order.
Please take the time to check the details of your order at each page of the order process and before clicking “Confirm and Pay”, as you will not be able to make any changes to your order after this point. After you place an order by clicking “Confirm and Pay”, you will receive an email from us acknowledging that we have received your order. We then send you an email that confirms that the Items have been dispatched (“Dispatch Confirmation”).
Please note that items are subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to particular items may change. If an item becomes out of stock we will notify you as soon as possible and you will be refunded where we have already taken payment.
We reserve the right to refuse an order for example if the item you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, we cannot deliver to your address, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.
If we are unable to supply you with an item in these circumstances we will inform you of this by email. If you have already paid for the items, we will refund you the full amount including any delivery costs charged as soon as possible.
PRICES & PAYMENT
All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).
The prices indicated may be changed at any time without advance notice.
We take all reasonable care to ensure that all details, descriptions and prices of items are as accurate as possible. We reserve the right to refuse orders where information about items has been mis-published, including without limitation prices and promotions.
Please note that the prices listed on the site are only applicable for items purchased on the site and not through any other source.
Where the customer pays by payment card, the customer warrants that they have the necessary rights to use the payment card and that they are fully authorised to use it to pay for the order. The customer also warrants that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, L’atelier de Beaute reserves the right to cancel the sale accordingly. L’atelier de Beaute is under no obligation to ship any goods ordered until payment for those goods has been received. In the case of payment by cheque, this would mean the clearing of funds represented by the cheque.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are a consumer, you may only purchase items from the site if you are at least 16 years old. Otherwise a parent or guardian must purchase items from the site for you.
INTENDED USE
By placing an order or making a booking with L’ATELIER DE BEAUTE you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.
You agree not to use any items purchased for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We only supply the items for domestic and private use. If you are not a consumer you must obtain our prior written consent to purchase items from the site. Please contact us for further information if you intend to use any items in a business or public environment.
DELIVERY / SHIPPING
When you place an order you will receive a reply email acknowledging that your order has been received and your payment has been processed. You will also receive a tracking number so you can monitor your order’s delivery progress. In the unlikely event of delivery problems at our end, we will keep you informed by email of expected dispatch dates
PICK UP (MELBOURNE ONLY)
If you select “Pick Up” as your delivery option when you order on site you may collect your items from the warehouse. You must bring your order details and proof of identity. You will also be required to sign for the order.
If you are sending someone else to collect your order, we require that you notify us via email before they come to collect the order. The email needs to come from the email address on your order. Please provide us with the name of the person collecting the order. This person will also need to show photo ID when they collect the parcel as well as sign for your order.
We reserve the right to request further identification from ANY person collecting an order to protect the original purchaser.
PICK UP DISCOUNT
- Valid for pick up customers only
- No minimum purchase
- Discount automatically applied at checkout
- Not valid with any other offer
RETURNS/ EXCHANGES
Our goods with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for a major failure and for reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fails to be acceptable quality and the failure does not amount to a major failure.
If you take delivery of a package and in the unlikely event the contents have been damaged in transit, or are defective or incorrect, please contact us by email (hello@latelierdebeaute.com.au ) as soon as possible to inform us of your wish to return your goods. You must include your original order number, with your name and address.
It is your responsibility to meet the costs of returning the goods to us, and to take care that they are not damaged while in your care or in transit.
We strongly recommend that an insured or registered postal service is used for returns as we are not responsible for items lost or damaged in transit.
Once the item has been received, inspected and approved, we will exchange the product. If there is no stock to replace the item, a refund will be given to the same purchase amount and in the same manner the original order was paid.
However, if the problem with the product was a major failure, you can choose whether to receive a refund or a replacement, or ask for compensation for any drop in value of the product.
FORCE MAJEURE
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
$10 WELCOME DISCOUNT (ON GOING)
- Valid for Australian and New Zealand retail customers only
- One use per customer
- $100 AUD minimum purchase on full priced products only
- Must enter the allocated discount/gift card box at checkout
- Not valid with any other offer
UNACCEPTABLE ACTIVITY
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using this website to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals; and
- posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
BREACH AND TERMINATION
If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to- date.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, miss delivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00 AUD).
INDEMNITY
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, relate to:
- your breach or non-observance of any term of these Terms and Conditions;
- any breach or inaccuracy in any of your representations or warranties; or
- your use of the Site.
INTELLECTUAL PROPERTY RIGHTS
The Site and its “look and feel”, all of its information, graphics, headers, button icons, photographs, content, image rights, sounds, music, video, audio or text on this site and all intellectual property rights contained in each of the foregoing, including, without limitation, trade marks, designs, graphics, logos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the “Content”), are owned by, and is the property of L’ATELIER DE BEAUTE or in some cases, our affiliates, partners, licensors. These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trademarks. Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes, without limitation, L’ATELIER DE BEAUTE Software and all HTML and other code contained in this Site.
You are permitted to use the Content only as expressly authorised by L’ATELIER DE BEAUTE, its third party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
COLOUR / IMAGE AND ITEM INFORMATION DISCLAIMER
Despite our every effort to provide accurate images of each product’s colour and design, actual colours and design may vary slightly. This is due to different device screen settings/capabilities, different sources of lighting, the fact that every individual sees colours differently and other factors. We cannot guarantee that the colour you see accurately portrays the true colour of the product. L’atelier de Beaute will not accept responsibility for any colour or design differences that are not factory faults. In purchasing from L’atelier de Beaute, you agree to accept the small risk that there will be a slight variation between the actual colour and design and it’s representation on our website. The information provided on this website is for general information purposes and use only. All sizes and measurements of items are approximate, however every endeavour is made to keep the product information complete, correct and accurate as possible. However it is the responsibility of the customer to ensure the product they purchase is suitable for their specific requirements.
THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms and conditions.
LINKS
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
APPLICABLE LAW AND JURISDICTION
A.V.PHAM & J QUACH t/as L’ATELIER DE BEAUTE (www.latelierdebeaute.com.au) is created and controlled in Victoria, Australia. These Website Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia.. By using this site you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums.
RELATIONSHIP
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
CONTACT DETAILS
If you have any questions or comments about our terms and conditions, please contact us at Hello@latelierdebeaute.com.au
Copyright © 2020 L’ATELIER DE BEAUTE. All rights reserved
