Terms & Conditions
1. Promotional Terms & Conditions
1. Promotional Terms & Conditions
Gift With Purchase (General T&Cs)
- GWP cannot be exchanged, refunded, or substituted.
- If purchased items are returned, the GWP must also be returned in its original condition. If the gift is not returned, the retail value of the gift from the refund.
- Available at participating stores and online while stocks last.
- GWP is limited to one per customer per transaction.
- Eligible purchase amount must be met in a single transaction.
- In the event that the GWP becomes unavailable for reasons beyond W cosmetics’ control (including stock availability), W cosmetics may, at its absolute discretion, substitute the GWP with a gift of equal or greater value.
Gift With Purchase (Specific)
Contents of each GWP may vary, please visit GWP Event for details on each event and the full terms and conditions.
Store Opening Promotion – Beauty Scoop Activation
- Valid dates and participating stores may vary. Please refer to Instagram (@wcosmetics) for full details.
- Offer available in-store only, while stocks last.
- Customers must shop and sign up to W Loyalty in the same transaction to qualify.
- Spend $50+ in a single transaction to receive ONE (1) Beauty Scoop.
- Spend $80+ in a single transaction to receive TWO (2) Beauty Scoops.
- Beauty Scoop items are selected at random and may vary.
- One redemption per customer per transaction only.
- Offer is not transferable, exchangeable, or redeemable for cash.
- Promotion may end at any time without notice.
- W cosmetics reserves the right to verify eligibility, refuse participation in cases of suspected abuse, and modify or end the promotion at any time without prior notice.
- By participating, customers agree to these Terms & Conditions.
CANMAKE x Rilakkuma Promotion Gift With Purchase
- Promotion Name: CANMAKE x Rilakkuma Exclusive Gifts with Purchase
-
Promoter:
W Supply Pty Ltd trading as W cosmetics (ABN 23 606 306 307, ACN 606 306 307) (the “Promoter”). -
Promotion Period:
The promotion commences at Store Trading Time on 1 May 2026 and will continue until stocks of the promotional gift are exhausted (“Promotion Period”). -
Eligibility:
This promotion is available to customers who purchase and reach the required amount at W cosmetics World Square, Chadstone and Uptown store during the Promotion Period. -
How to Receive the Gift:
To qualify for the gift with purchase, customers must:
- Spend AUD$10 or more in a single transaction on CANMAKE products at the above mentioned stores (W cosmetics World Square, Chadstone and Uptown) during the Promotion Period.
Transactions meeting the qualifying spend will receive one (1) Sticker (1 of 2 Designs at Random) as a gift with purchase. - Puku Sticker; Spend AUD$15 or more in a single transaction on CANMAKE products at the above mentioned stores during the Promotion Period.
Transactions meeting the qualifying spend will receive one (1) Puku Sticker (1 Sheet) as a gift with purchase. - Mirror with Seal; Spend AUD$25 or more in a single transaction on CANMAKE products at the above mentioned stores during the Promotion Period.
Transactions meeting the qualifying spend will receive one (1) Mirror with Seal (1 Mirror) as a gift with purchase. - Rubber Keychain; Spend AUD$35 or more in a single transaction on CANMAKE products at the above mentioned stores during the Promotion Period.
Transactions meeting the qualifying spend will receive one (1) Rubber Keychain (1 of 5 Design at Random) as a gift with purchase.
- Spend AUD$10 or more in a single transaction on CANMAKE products at the above mentioned stores (W cosmetics World Square, Chadstone and Uptown) during the Promotion Period.
-
Gift Details:
Each eligible order will receive one (1) gift. To unlock next tier, the purchase value is cumulative/add-on based.
The gift is provided complimentary and is not redeemable for cash, exchangeable, or transferable. -
Minimum Spend Requirements:
A minimum spend of AUD $10/15/25/35 on CANMAKE Products
- Applies to the order subtotal after discounts and promotional codes are applied;
- Excludes shipping fees, gift cards, and prior purchases; and
- Must be met in a single transaction.
-
Stock Availability:
The gift with purchase is available while stocks last. The Promoter does not guarantee availability for the entire Promotion Period.
If stocks are exhausted, the promotion may end early without notice.
-
Order Limits:
Each qualifying order will receive gifts, not limited to one customer per tier. -
Returns and Refunds:
If an order qualifying for the promotion is returned or refunded and the remaining order value of CANMAKE products falls below its corresponding tier, the complimentary gift must also be returned. If the gift is not returned, the Promoter reserves the right to deduct the retail value of the gift from the refund.
-
General Conditions:
- The promotion cannot be used in conjunction with other promotional offers unless stated otherwise.
- The Promoter reserves the right to verify orders and eligibility.
- The Promoter reserves the right to substitute the gift with a product of equal or greater value if required due to stock availability.
- The Promoter reserves the right to modify, suspend, or cancel the promotion where reasonably necessary
Gift With Purchase – Anua
This document sets out the terms and conditions that govern the promotional campaign (the Promotion) run by W Supply Pty Ltd trading as W cosmetics ABN 23 606 306 307 (W cosmetics). By making a Qualifying Purchase during the Promotion Period, you agree to be bound to these terms and conditions.
Where run on a social media platform: This Promotion is in no way sponsored, endorsed, administered by or associated with Instagram or Meta. Information provided as part of an entry is provided to W cosmetics, not to the relevant platform.
-
APPLICABILITY
Information about the Promotion, including any Qualifying Purchase requirements and the Gift, forms part of these terms and conditions.
-
PROMOTION PERIOD
The Promotion will commence on 22 July 2026 (Commencement Date) at 12:00AM AEST and end on 14 August 2026 (End Date) at 10:00PM AEST (Promotion Period).
-
ELIGIBLE ENTRANTS
- Participation in the Promotion is open to residents of Australia and/or New Zealand aged 18 years or over (unless otherwise stated for the relevant Promotion) who meet all eligibility criteria set out in these terms and conditions and our privacy policy, which can be accessed at (Privacy Policy). All employees of W cosmetics and its related bodies corporate are ineligible to enter the Promotion.
- Each person who complies with clause 3a. above will be an ‘Eligible Entrant’ for the purposes of these terms and conditions.
- Unless otherwise stated for a particular Promotion, the maximum number of Gifts per Eligible Entrant per transaction is one (1).
- The Promotion is available while stocks of the Gift last and may end before the End Date if stock is exhausted.
-
QUALIFYING PURCHASE
To be eligible for a Gift, Eligible Entrants must, during the Promotion Period, purchase any ANUA PDRN or KDH products in a single transaction, either in-store at a participating store or online via the Website (Qualifying Purchase). Eligible Entrants are responsible for all incidental expenses to make a Qualifying Purchase.
-
CLAIMING THE GIFT
- The Eligible Entrant who makes a Qualifying Purchase will be entitled to a complimentary KDH Derphy Cosmetic Pouch (Gift). Contents of the Gift may vary.
- All taxes and local government fees (excluding GST) that may be payable as a consequence of receiving the Gift are the sole responsibility of the Eligible Entrant.
- Where applicable, for example if the Gift is a third party voucher, the Gift is to be used in accordance with the terms and conditions of that third party.
- W cosmetics is not liable for any loss or damage (even if caused by negligence) as a result of any Eligible Entrant accepting and/or using the Gift, except for any liability which cannot be excluded by law.
- Eligible Entrants acknowledge that W cosmetics makes no promise or guarantee regarding the suitability of the Gift. If an Eligible Entrant has an issue or complaint with any organisation associated with the Gift, W cosmetics is not responsible for resolving the issue (though it may choose to do so).
- The Gift cannot be exchanged, refunded or substituted, except as set out in clause 8 below.
- Where a Qualifying Purchase is returned and, as a result, the Eligible Entrant no longer satisfies the Promotion requirements, W cosmetics may require the Gift to be returned in its original condition, or, where the Gift is not returned, deduct the retail value of the Gift from any refund, in each case consistent with the Eligible Entrant’s rights under the Australian Consumer Law.
- Where the Gift is provided in connection with a Qualifying Action: if the relevant social media post, follow, upload or tag is later removed, undone or made private, W cosmetics may require the Gift to be returned.
-
RECEIVING YOUR GIFT
The Gift will be provided to the Eligible Entrant at the time of the Qualifying Purchase, either in-store or together with the relevant online order.
-
GIFT SUBSTITUTION
- In the event that the Gift becomes unavailable for reasons beyond W cosmetics’ control (including stock availability), W cosmetics may, at its absolute discretion, substitute the Gift with a gift of equal or greater value.
- The Gift is not redeemable for cash or credit under any circumstances.
-
USE OF ELIGIBLE ENTRANTS’ PERSONAL INFORMATION
- W cosmetics will collect the Eligible Entrant’s personal information, including names, addresses and contact numbers, for the purpose of conducting the Promotion. W cosmetics may disclose the personal information it collects to third parties, including local regulatory authorities and W cosmetics’ agents or third-party service providers for the purposes of conducting the Promotion or for promotional and marketing purposes, including on social media (Purpose).
- By entering this Promotion, Eligible Entrants consent to the use of their personal information for the Purpose. Claiming a Gift is conditional on providing this personal information. W cosmetics will also use and handle personal information as set out in its Privacy Policy. In addition to any use that may be outlined in the Privacy Policy, W cosmetics may also, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant. Eligible Entrants should direct any request to opt out, access, update or correct personal information to W cosmetics, and direct any complaints regarding treatment of their personal information in accordance with the Privacy Policy.
-
GENERAL CONDITIONS
- W cosmetics accepts no responsibility for late, lost or misdirected claims for a Gift or other communications.
- Should an Eligible Entrant’s contact details change during the Promotion Period, it is the Eligible Entrant’s responsibility to notify W cosmetics. An Eligible Entrant should direct any request to access or modify any information provided as part of the redemption of a Gift to W cosmetics.
- W cosmetics may at its absolute discretion request verification of eligibility or any information provided for the purposes of the Promotion and arranging a Gift.
- W cosmetics reserves the right to disqualify any individual who breaches these terms and conditions, who is involved in any way in interfering or tampering with the fair and proper conduct of this Promotion, or where W cosmetics suspects fraud, misuse or abuse in connection with the Promotion. Failure by W cosmetics to enforce any of its rights does not constitute a waiver of those rights.
- By entering this Promotion, Eligible Entrants acknowledge and agree that these terms and conditions, the Promotion and the consequences of receiving a Gift may be subject to the terms and conditions of third-party service providers such as social media platforms, payment providers and delivery companies (Third Party Terms). W cosmetics will not be liable for any damage or loss suffered by the Eligible Entrants in connection with such Third Party Terms.
- Participants in the Promotion may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by W cosmetics. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the maximum extent that it is permitted to do so by law, W cosmetics (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, incidental, special or consequential, arising in any way out of the Promotion, including, without limitation:
- any theft, unauthorised access or third party interference;
- any entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by W cosmetics) due to any reason beyond the reasonable control of W cosmetics;
- any variation in market value of the Gift to that stated in these terms and conditions;
- any tax implications; and/or
- the Gift or any use of the Gift.
- W cosmetics will not be liable for performance delays nor for non-performance due to causes beyond its reasonable control. If the Promotion is not capable of running as planned, W cosmetics reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Promotion, or amend these terms and conditions, unless to do so would be prohibited by law.
- W cosmetics may modify, suspend or cancel the Promotion at any time where reasonably necessary.
- Unless otherwise stated, the Promotion cannot be used in conjunction with any other offer, discount or promotion.
- These terms and conditions are governed by the laws applying in New South Wales, Australia. Nothing in these terms and conditions limits or excludes any rights you may have under the Consumer Guarantees Act 1993 (New Zealand) or the Fair Trading Act 1986 (New Zealand), to the extent those laws apply to you.
2. Online and In-store Policies
2. Online and In-store Policies
1) Newsletter Sign-Up (Get $10 Off Your First Order)
- This offer is only available to select eligible new customers who are subscribed to our newsletter.
- This offer is only valid for online purchases.
- Discount code is valid for one-time use only per customer.
- This offer can be combined with product, order, and shipping discounts.
- This offer does not apply to Canmake products.
- Discount cannot be exchanged for cash, refunded, or transferred.
2) In-store Benefits
Membership discounts including Loyalty system and birthday discounts apply when customers make eligible purchases of products and services from our stores.
1. Loyalty System
- Loyalty customers earn 3% credits of the retail price of every transaction through in-store shopping. (E.g. Spend $100 can earn 3 credits.)
- The 3% credits can only be earned through purchasing full-price items only. If one transaction includes both full-price and discounted items, credits will only be calculated for the full-price item.
- Spending store credits can be applied on both full-price and discounted items.
- Customers can spend their loyalty points without a minimum threshold.
2. Birthday Discount
- $10 off on the birthday when the customer spends $50 or more. The discount will only be applied on the exact date of the customer's birthday and for one-time use only. The discount only applies to full-price products.
- The cashier serving is responsible for checking the customer’s ID to ensure that their date of birth matches their membership details.
3) Faulty or Defective Item Returns
All refunds and exchanges need to be made within 14 days of purchase, accompanied by valid proof of purchase in the form of the original receipt.
We offer the following options:
- A replacement for the faulty or defective product.
- Store Credit to customers.
4) Return and Exchange Policy
- NO refund or exchange for undergarments due to hygiene reasons
- NO refund or exchange on discounted products due to a defect or issue that was disclosed
Change of Mind Returns:
We do not accept any refunds due to change of mind; we will provide an exchange if the product/s have not been opened or used, and are in resalable condition, all exchanges will need to be made within 14 days of purchase.
Allergic Reactions:
Allergic reaction as a reason for a refund will only be accepted if there was no tester present for customers to try before they buy. Exchanges on products will be provided for allergic reactions within 14 days of the exchange period. For your safety and ours, we kindly ask for a medical certificate to assist you promptly.
We will need proof of purchase in the form of the original receipt for all refunds and exchanges. All refunds will be credited to the original tender when purchased.
*All refunds and exchanges will need to be made within 14 days of purchase*
5) Your Account
You will need to register an account with us to use our online purchasing service. You will need a valid email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms and conditions or if we decide, in our sole discretion, that it would be in our best interests to do so.
3. Online and In-Store Terms and Conditions
3. Online and In-Store Terms and Conditions
Last updated on 16 July 2026
W Supply Pty Ltd trading as W cosmetics
ABN 23 606 306 307
TERMS AND CONDITIONS FOR BUYING PRODUCTS ONLINE AND IN-STORE, AND JUST BROWSING
Welcome to W cosmetics.
In these terms, we also refer to W cosmetics as "our", "we", or "us".
And you are you!
What are these terms about?
These terms apply when you use this website, being https://wcosmetics.com.au/ and any other websites we operate with the same domain name and a different extension, such as https://wcosmetics.co.nz/ ("Website").
These terms also apply when you purchase products through this Website ("Products").
These terms also apply when you purchase Products in person at one of our physical retail stores (each, a "Store"). We refer to a purchase of Products, whether through an Order or in-store, as a "Purchase".
If you're looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here [Privacy policy].
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
Part A applies whether you buy Products online or in one of our Stores, except where a clause states that it applies only to one of those channels.
• Part A: Terms for when you buy Products (applies when you buy)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)
Please let us know if you have any questions about these terms, and don't continue using this Website or purchase any Products unless you have read and agree to these terms.
I've returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.
A. For When You Buy Products...
1. SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Product using the Website's functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2. ACCOUNTS
(a) To submit an Order via the Website, you may be required to sign-up, register and receive an account through the Website (an Account).
(b) You must be at least 18 years old to register for an Account. If you choose to register for an Account and are under 18 years of age, you must have the permission of your parent or legal guardian.
(c) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, payment information, and other information as determined by us from time to time.
(d) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(e) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(f) We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
3. PRODUCTS
(a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.
(b) Until the price of your Products is paid in full, title in those Products is retained by W cosmetics. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.
(c) For Products purchased in-store, risk in those Products passes to you at the time of purchase.
4. PAYMENT
(a) All prices are:
(i) per unit (except where indicated);
(ii) the currency we display to you based on your location at checkout (e.g AUD or NZD); and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by W cosmetics, you must pay the GST subject to W cosmetics providing a tax invoice.
(d) (Card surcharges) W cosmetics reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner) We may use third-party payment providers such as Shopify Payments and Paypal (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Providers accessible here and here, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5. DELIVERY AND SHIPPING
(a) This clause 5 applies only to Orders placed through the Website.
(b) (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you. Free standard delivery applies to Orders over $99 (AUD), within Australia and $99 (NZD) within New Zealand. Delivery costs are not refunded except where a Product is faulty.
(c) (Delivery Details) W cosmetics may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:
(i) delivery is to the delivery point specifically accepted by W cosmetics; and
(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.
(d) (Delivery Issues) We currently use Australia Post in Australia and NZ Post in New Zealand, or another carrier we select from time to time, to deliver Products. Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
6. CHANGES TO YOUR ORDER
CANCELLATION BY US
We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
CANCELLATION BY YOU
You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 6.3 may apply.
RETURNS AND EXCHANGES
(a) We do not offer change of mind refunds, exchanges or returns for Products purchased online.
(b) We do not offer change of mind refunds for Products purchased in-store. However, we will exchange a Product purchased in-store for change of mind if it is unopened, unused and in resaleable condition, and you return it to one of our Stores within 14 days of purchase with proof of purchase.
(c) We will provide a full refund of the price paid for a Product if we determine that:
(i) a Product you have ordered was not received by you solely due to failure by us;
(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
(iii) a Product is faulty, in accordance with clause 6.3(d), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.
(d) (Faulty products) The following process applies to any Product you believe to be faulty.
(i) You must notify us of a suspected fault within 30 days of delivery (for Products purchased online) or 14 days of purchase (for Products purchased in-store). This timeframe is for processing convenience only and does not limit any right you may have under the ACL or NZ CGA that is not subject to a time limit.
(ii) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).
(iii) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.
(iv) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.
(v) If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
(vi) Where a Product is purchased as part of a set or multi-item pack, the whole set or pack must be returned.
(vii) Some Products (such as beauty devices) carry a separate manufacturer's warranty and where this applies, we will assist you to make a claim with the manufacturer or supplier, but the benefit of that warranty is given by the manufacturer, not by us.
(viii) If you fail to comply with the provisions of this clause 6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.
(ix) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
(e) We do not offer a refund or exchange for opened or used personal hygiene items, including underwear, except where required by law.
(f) We do not offer a refund or exchange on a discounted Product where the relevant defect or issue was disclosed to you prior to purchase.
(g) (Allergic reactions) If you believe you have had an allergic reaction to a Product, please contact us using the details provided on our Website. For Products purchased in-store, we will only offer an exchange (not a refund) for an allergic reaction, and only where no tester was available for you to try before purchase; exchanges must be made within 14 days of purchase and we may request a medical certificate. For Products purchased online, we will assess your claim based on information you provide to us (which may include photographs and medical information) and, if we confirm the reaction, we will provide a full refund to your original method of payment. We handle any information you provide to us in connection with this clause in accordance with our Privacy Policy.
7. PROMOTIONS, GIFTS WITH PURCHASE AND COMPETITIONS
From time to time, we may offer discounts, promotions, gifts with purchase or competitions (Promotions). Each Promotion is subject to its own specific terms and conditions, made available to you at the time of the Promotion (for example, on our Website or in-store) and unless otherwise stated in the specific Promotion terms, Promotions cannot be used in conjunction with any other offer. To the extent of any inconsistency between these terms and the specific terms of a Promotion, the specific terms of that Promotion prevail in relation to that Promotion.
8. LOYALTY PROGRAM
We may offer a loyalty program to customers who shop in our Stores. Current loyalty benefits, including how credits are earned and redeemed, are set out on our Website or in-store. Loyalty credits have no cash value, cannot be transferred, sold or exchanged for cash, and we may vary, suspend or cancel the loyalty program or any benefit at any time.
9. INTELLECTUAL PROPERTY
(a) W cosmetics retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
(b) In this clause 9, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
10. THIRD PARTY TERMS SUPPLIERS
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Products or any services related to providing the Products and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
B. For When You Browse This Website...
11. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
12. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of W cosmetics;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of W cosmetics, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
13. INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(i) the Website may have errors or defects (or both, as the case may be);
(ii) the Website may not be accessible at times;
(iii) messages sent through the Website may not be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website may not be secure or confidential; and
(v) any information provided through the Website may not be accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
14. INTELLECTUAL PROPERTY
(a) W cosmetics retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from W cosmetics or as permitted by law.
(c) In this clause 14, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
15. LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
16. THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform, Shopify and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here.
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
17. SECURITY
To the maximum extent permitted by law, W cosmetics does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
18. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
C. Liability And Other Legal Terms
19. LIABILITY
WARRANTIES
Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. If you are a consumer in New Zealand, you may also be entitled to remedies under the Consumer Guarantees Act 1993 (NZ). Nothing in these terms is intended to limit the operation of the ACL. Please note that:
(a) Products sold by W cosmetics, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
LIABILITY
(a) To the maximum extent permitted by law and subject to clause 19.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to W cosmetics under the most recent Purchase.
(b) Clause 19.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of fraud or fraudulent conduct or wilful misconduct.
Consequential loss
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Products or services provided by us, except:
(a) in relation to a party's liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
20. GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in [New South Wales, Australia]. Each party irrevocably submits to the exclusive jurisdiction of the courts of [New South Wales] and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
If you are a consumer resident in New Zealand, nothing in this clause limits any rights you have under the Consumer Guarantees Act 1993 (NZ) or other mandatory law of your country of residence.
WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
21. NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party's email addresses set out in this agreement, and the email's subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
