hairtrove.com.au its affiliates, agents and licensors (collectively, "we", "us", "our" or "hairtrove") and “you” and “your” means you, the user or customer of this website. The use of the term “product” includes the plural “products”. Except if otherwise required by law the following Terms and Conditions, the Contract of Sale and our Privacy Statement govern your use of this website. They describe the rights and responsibilities of both you and us. If you use this website you agree to be bound by the Terms and Conditions and if you shop at this web site you agree to the terms of the Contract of Sale.
If you do not agree to the Terms and Conditions and the Contract of Sale and our Privacy Statement do not use this website.
We shall not be responsible for any detriment incurred by reliance you place on this website or its contents. Use of this website is on an "as is" basis and is entirely at your risk. We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms & Conditions" link that appears on the website.
Intellectual Property Rights
(a) The hairtrove logos are registered trade marks of hairtrove.com.au and used under limited license by hairtrove.
(b) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, relating to this website, are owned by the hairtrove, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.
(c) Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. hairtrove makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
(d) You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of hairtrove or, in the case of third party material, from the owner of the copyright in that material.
(e) You may not modify or copy the layout or appearance of this website nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
(f) If you correspond or otherwise communicate with hairtrove, you automatically grant to hairtrove an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.
Links to Other Websites
(a) This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under our control and hairtrove.com.au is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. hairtrove.com.au provides these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, hairtrove.com.au disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.
(b) We reserves the right to prevent third parties from linking to this website.
Website Content
(a) Photographs are for illustrative purposes only and may vary from goods depicted or described.
(b) We may, at any time, add or remove content from this website without notice.
(c) Although hairtrove.com.au uses its best endeavours to confirm the accuracy of any information published on this website, you agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to hairtrove.com.au. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
(d) This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, we do not in any way represent that hairtrove.com.au recommends or endorses the relevant advertiser, its products or services.
(e)The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via contact us form
(f) hairtrove.com.au may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any other party.
Privacy and Personal Information
(a) Our Privacy Policy available on this website explains how your personal information is collected and managed.
(b) Your personal information is not collected if you only browse this website.
(c) hairtrove.com.au may collect personal information directly from you when you register as a member of the website, when you place an order, or when you contact us through our contact us form.
(d) You may request hairtrove.com.au to remove your personal information from its database by emailing us through contact us form.
(e) We may use your personal information for the purposes for which you give it to us and for our internal purposes. You agree that hairtrove.com.au may use your email address to send you messages concerning your membership account, any orders you place and information about the products sold via the website that hairtrove.com.au thinks may be of interest to you. If you would prefer not to receive promotional or other material from hairtrove.com.au, please let us know and we will respect your request. You also agree that we may contact you by telephone to arrange delivery or collection of your Order.
Delivery by Courier or Australia Post
(a) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes for most of the items
(b) On acceptance of your Order by hairtrove.com.au, your order will be dispatched to your specified delivery address maximum within 10 business days of the date you placed your Order.
(c) If you order large or bulky items, we will contact you by telephone or email to arrange with you a suitable time for delivery.
(d) You will be required to be available in person to accept delivery of your order.
(e) We will use its best endeavors to deliver your Order within any stated timeframes for dispatch, however we do not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(f) We cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
PayPal and credit card fraud
(a) The website employs the latest in Secure Sockets Layer technology from GoDaddy and PayPal secure payment gateway to secure our payment systems.
(b) hairtrove.com.au will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
Payment
(a) All payments must be made in full prior to delivery.
(b) Payments must be made via the Bank Deposit or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
Price
(a) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(b) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of hairtrove.com.au
(c) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(d) We reserve the right to correct any errors published on the website.
Orders
(a) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed orders before adding them to your shopping cart and proceeding with your order.
(b) Representations of products for sale made by hairtrove.com.au via the website do not constitute an offer to sell but an invitation to treat.
(c) You and hairtrove.com.au may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic order for the products using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) the acceptance of that offer by hairtrove.com.au
(d) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
(i) any requirements set out in these terms have been met;
(ii) the electronic instruction containing the offer from you enters and is recorded in our database;
(iii) a record is created and stored in our database; and
(iv) hairtrove.com.au receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
(e) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by hairtrove.com.au for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, hairtrove.com.au is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) hairtrove may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you;
(iv) hairtrove may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(f) You will receive an email from hairtrove.com.au as soon as practicable after you have confirmed your order and made payment. If you have any questions regarding your order you may contact us on our Contact Us page
(g) If your order is not accepted by hairtrove.com.au, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(h) We may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
(i) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.
(j) hairtrove.com.au will be deemed to have accepted your order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your order.
Legal Capacity
(a) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(b) Any order and/or purchase made by you using this website is an acknowledgement by you that you:
i. are over the age of eighteen (18) years;
ii. accept these terms;
iii. agree that you have entered into a legal contract with hairtrove.com.au in relation to these terms;
iv. these terms, together with your order, constitute the entire agreement between you and hairtrove.com.au for the supply of products.
(c) hairtrove.com.au reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage hairtrove.com.au may suffer as a result of a transaction entered into by a minor.
Guests and Registered Users
(a) You may access and/or use the website as a guest or as a member.
(b) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us through Contact Us
(c) You will receive an email from us as soon as practicable after you create your membership account.
(d) We only permit one registration per email address.
(e) You must not use another members’ account without permission.
(f) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(g) If you forget your password you may click on the relevant link located on the website and we will email you a new password.
(h) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
User Agreement
(a) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(b) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
Disclaimer
(a) We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
(b) We do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
(c) The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of any of us in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
(d) You agree to indemnify us and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
Cookies
(a) Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
Secure Data and Transmissions
(a) Given the nature of the internet, we cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and we do not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once we receives your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please Contact Us immediately.
(b) You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we will not accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
Use of Your Information and Material
(a) Wer appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of hairtrove.com.au. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
Your Use of the Website
(a) You agree to use this website only for purposes that are permitted by these Terms & Conditions, any applicable law or regulation and/or generally accepted practices or guidelines.
(b) You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
(c) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(d) We may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
(e) We may in its sole discretion restrict your access to this website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
(f) As electronic websites are subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.
(g) We may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms of use, we may withdraw this website, or change or remove website functionality at any time without notice to you.
Return of Your Goods
(a) All items are sold with a Warranty that ensures what you ordered is received by you in good working order and is able to be used as intended by the manufacturer and / or as specified by us. hairtrove.com.au (or our local distributor/manufacturer, if applicable) will replace a product if it is found to be either damaged or not working correctly when it is received. This type of warranty situation is termed "Dead on Arrival" or DoA. The DoA period is 7 days from the date your order leaves our warehouse. Unless otherwise indicated this is the warranty that the product comes with.
(b) Many items, especially electrical and mechanical items, also come with a longer warranty that extends beyond this 14 day DoA period. Please refer to each item's listing for the duration of the warranty for that item.
(c) Under the warranty provisions, hairtrove.com.au or the local distributor /manufacturer will repair or replace damaged or faulty goods. If the product cannot be repaired or exchanged by the same or similar item with at least the same specifications, then a credit voucher or, in the case of a DoA, a full refund will be provided.
(d) It is a condition of each item's warranty that you securely pack the faulty or damaged item so that it is able to be returned to us or the local distributor / manufacturer via the transport carrier. We strongly recommend you retain the packaging your item(s) comes in for the duration of the warranty period so that, in the unlikely event that you will need to return an item for repair or replacement, you will have adequate packaging available to do so. If you dispose of the packaging then it will be your responsibility to source alternative adequate packaging to use to return the item. Our insurance policies require photos to enable us to make a claim for damage caused to a package in transit. If you receive an item that is damaged and wish to receive a replacement please email photos of both the damaged item and the packaging, together with your claim so we may process it promptly. Unless otherwise indicated, warranties are return-to-base warranties.
(e) If the item is found to be either damaged or not working after the manufacture warranty period expired, we have no obligation to accept return of the goods but we endeavour our best to help the buyer taking their faulty goods to an authorised repairer and in some cases the manufacture to repair the item and the buyer is responsible for all the costs.
Dead on Arrival (DOA) Products
(a) Our product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.
(b) we will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.
(c) Credit voucher will only be offered where a replacement Product cannot be provided.
(d) Where hairtrove.com.au has provisionally determined that a product is DOA, return shipping will be arranged at the expense of hairtrove.com.au .
(e) If the Product is deemed by Customer Services NOT to be DOA, we may in its absolute discretion refuse to replace the product or offer you a refund for the Product.
(f) When a Product is replaced, your replacement product becomes your property and the returned DOA product becomes our property.
(g) we reserves the right to test any returned DOA Product. If the condition of the product was misrepresented to us by the customer, we will impose a $35 handling and administration fee.
