Acknowledgement and acceptance of Terms and Conditions

You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or its services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of its resources to others.

STENDERS AU cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release STENDERS AU entirely of all responsibility of any consequences of its use.

The website and its contents are provided to you on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.

We reserve the right to change the Website at any time.

This Website and all content forming part of the Website, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.

You acknowledge and agree that STENDERS U owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.

You may not:

Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in your computer’s cache and a single copy for your own personal use, any of the Website content (including any substantial part of it) must not otherwise be used, stored, copied reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.

If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or 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 our Website and developing your ideas and suggestions for improved products or services we provide.

This Website may contain links to other web sites controlled by third parties (Third Party Websites).

STENDERS AU is not responsible for the content or privacy practices of Third Party Websites.

The Third Party Websites are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by STENDERS AU of the third party or the products or services provided by the third party or any affiliation between STENDERS AU and the third party.

You access those sites and/or se those site’s products and services solely at your own risk and should make your own enquiries before relying on any content contained in such Third Party Websites.

Cookies are small pieces of information that your browser stores on your computer hard drive.

We use Cookies to provide you site usage information as well as to assist us to improve and develop the Goods and services we offer. Our cookies do not contain any personal identifiable information.

If you disable cookies on your web browser, you may not be able to fully experience all features of the STENDERS AU Website.

You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you using the Website are true, complete and accurate.

If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.

To the fullest extent permitted by any applicable laws, STENDERS AU hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.

Whilst we endeavour to provide continuous access to the Website, we do not warrant that your access will be safe, uninterrupted, timely, secure or error free.

STENDERS AU may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation:

You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable.

We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. STENDERS AU will not be liable to you for any loss (consequential, direct or indirect) you or any third party may suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.

Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will contact you.

You acknowledge and agree that:

all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;

You may place an Order through the Website by submitting the electronic Order form on the Website.

In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. STENDERS AU will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.

You also agree to obtain consent to provide STENDERS AU any personal details for nominated recipients of gifts.

You may Order from STENDERS AU if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.

Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless changes to the Order are made by agreement with STENDERS AU and any cancellations are otherwise in accordance with these Terms and Conditions). However, we will allow you to return Goods in accordance with these Terms and Conditions. You must check your Order carefully prior to submitting your Order with us.

Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order.

You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting STENDERS AU Customer Service in relation to your Order.

You agree to make your own enquiries to verify information provided and to assess the suitability of Goods before you order the Goods.

Goods displayed on the Website do not constitute an offer to sell. It is an invitation to treat only.

Orders placed by you on the Website are offers to purchase particular Goods on these Terms and Conditions at the Price specified (plus the Delivery Fee) at the time you submit your Order.

When we accept an Order, it represents an agreement by STENDERS AU to supply you with the Goods in accordance with the Order and these Terms and Conditions.

To the extent permitted by law, STENDERS AU reserves the right to accept or reject your Order for any reason (or no reason) at any time including, but not limited to, the unavailability of any Good, an error in the price or Good description, an error in your order or the discontinuance of a promotion.

In the event that we reject an Order under the above clause, we will notify you of that rejection and the reason for rejection via email. STENDERS AU will not be liable to you for your loss or that of any third party for the rejection of an Order.

If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order and we will notify you of that rejection via phone or email. STENDERS AU will not be liable to you for your loss (consequential, direct or indirect) or that of any third party for the rejection of an Order.

Unless otherwise stated, all Prices, Delivery Fees and other charges quoted are in Australian Dollars and where applicable, are inclusive of goods and services tax (GST).

The Price in respect of a Good is specified on the Website.

STENDERS AU reserves the right to change or alter Prices of Goods on the Website for any reason and without notice to you, unless you have already submitted an Order at a stipulated Price and that Order has been accepted by us, in which case there will be no change or alteration in pricing.

In respect of any Order, we will charge you and you agree to pay:

You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card or PayPal. When paying by credit card, you authorise STENDERS AU to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.

You acknowledge and agree that any payment in respect of an Order must be cleared by STENDERS AU to its satisfaction before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In such instances we cannot and will not hold the Goods against your Order and we do not guarantee that the Goods will be available should you try to Order again. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.

In ordering, paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

You will receive a tax Invoice by email once payment in respect of your Order has been processed and cleared pursuant to clause

We endeavour to depict Goods available for Order using accurate images of the Goods. At times, however, Goods actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.

We retain ownership of Goods you Order until payment is received in full for those Goods together with the Delivery Fee and other charges.

Risk in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.

From time to time STENDERS AU will run temporary promotions and offer discounts on Goods sold through the Website. Such promotions will be subject to additional terms and conditions (as specified with the offer). You should read these terms and conditions carefully

All reference to times in promotions are based on the local time in Melbourne, Australia unless otherwise stated.

The Goods, Prices, and promotions that are offered on the Website may not correspond to those in a STENDERS AU store and vice versa.

If you provide us with any Personal Information our Privacy Policy will govern how we will use or disclose that information. Our Privacy Policy can be found at https://www.stenders-cosmetics.com.au/privacy-policy/

You represent and warrant to STENDERS AU that:

We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.

Other than expressly stated in relation to particular Goods, STENDERS AU and its affiliates, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or Goods included on the Website, except as otherwise provided under applicable laws.

Subject to any rights you have under any consumer protection law, STENDERS AU excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.

Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

To the maximum extent permitted by applicable law, neither STENDERS AU, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions.

You may stop using the Website at any time for any reason.

We may suspend or limit your access to the Website in our absolute discretion without notice or liability to you for any reason including:

STENDERS AU reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:

This Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via this Site.

You may not use this Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.

STENDERS AU reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with STENDERS AU with respect to that Order.

STENDERS AU may give notice to you by electronic mail. You may give notice to STENDERS AU by electronic mail to STENDERS AU Customer Service.

Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.

A failure or delay by STENDERS AU to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by STENDERS AU does not preclude its future exercise or the exercise of any power or right by or on behalf of STENDERS AU.

Your use of this Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Any transaction is deemed to have taken place in Hawthorn, Victoria, Australia. Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of Victoria, Australia.

The Website may be accessed throughout Australia and overseas. STENDERS AU makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.