These Terms of Use are between you and CANVAS BEAUTY (AUSTRALIA) PTY LTD, ("CANVAS”, the "Company”, “we”, “us”, “our”) and govern your use of the CANVAS online store, e-commerce platform and website located at www.canvasbeauty.com.au, that link to these Terms of Use (together, the "Services”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
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Privacy
To understand our privacy practices, please review our Privacy Policy, which governs your visit to this site.
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Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof; you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
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Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through the Site (such as order processing or returns); please refer to the Returns Policy section of the Site.
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Delivery Details
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Complimentary Standard Ground Shipping on all purchases above AU$99. |
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AU$8 Standard Ground Shipping on all purchases. |
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Where the order is to be delivered to an Australian address via Standard Shipping, CANVAS will: |
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Use reasonable endeavours to deliver the order within 10-20 working days (Monday – Friday, excluding official public holidays) from the date the order was confirmed by CANVAS; |
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Please note CANVAS Online is currently unable to support time slot delivery. |
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We accept no responsibility for deliveries to incorrect or incomplete addresses provided by customers. If you provide an incorrect address and delivery is completed, you will be responsible for the purchase. If you provide an incorrect address and delivery is not completed, the order will be returned to us and you will be responsible for any charges incurred in re-delivering the goods to the correct address. |
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All prices on the website are in Australian dollars and are inclusive of GST. Prices are subject to change without notice. |
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The amount payable to CANVAS for an Order (Order Amount) will be the total of the following amounts: |
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a. the sum of the price of each Product ordered as indicated on the website at the time of submitting the Order (Product Subtotal); |
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b. the cost of delivery determined in accordance with Delivery stated above, and |
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c. the sum of any other fees which CANVAS levies from time to time and which you have agreed to pay by providing your electronic consent. |
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You must pay the Order Amount by credit card at Paydollar at the time of submitting the Order. CANVAS accepts Visa, Mastercard, Unionpay or Alipay. |
• Cancellation and Returns
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Only items purchased on the CANVAS website can be returned to canvasbeauty.com.au for refund or exchange. Items purchased in a department store, specialty retailer or elsewhere must be returned to their original point of purchase. |
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If an item has been damaged in transit, CANVAS will provide you exchange. Please contact us by email at info@canvasbeauty.com.au so that we may acertain the details of your order. |
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You can e-mail details regarding your dispute to info@canvasbeauty.com.au. |
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Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. If a product offered by www.canvasbeauty.com does not meet your expectation as described on the site, your sole remedy is to return the product in unused condition to www.canvasbeauty.com.au
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Intellectual Property
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of CANVAS, our affiliates, partners or licensors, and is protected by Australia and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
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Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to CANVAS, our affiliates or partners.
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Your Account
www.canvasbeauty.com.au sells products to adults who purchase with a credit card. If you are under 18, you may use www.canvasbeauty.com.au only with involvement and/or consent of a parent or guardian.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in www.canvasbeauty.com’s best interests to do so.
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Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
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User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
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Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
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General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. If you have any questions regarding these Terms and Conditions, please email us at info@canvasbeauty.com.au
If you have reason to believe that your copyright has been infringed, please send an email to our head office by email at info@canvasbeauty.com.au, for notices of infringement and provide the following information: (i) identification of the copyrighted work(s) that you believe has been infringed and confirmation that you are the copyright owner or authorised to act on the copyright owner’s behalf; (ii) description of the material that you claim is infringing and location of the material in our Services; (iii) your contact information including your address, telephone number and email address.
ABN: 51 626 916 532