TERMS & CONDITIONS

Welcome to the website of Kerstin Florian Australia (site). The site is owned and operated by BLC Cosmetics Pty Limited (ABN 11 001 213 529). References in these Terms and Conditions (T&Cs), our Privacy Policy and our Shipping Policy to “we”, “us” and “Kerstin Florian Australia” mean BLC Cosmetics Pty Limited.

Please read these T&Cs carefully before using this site. For the avoidance of doubt, you do not need to create an account to be bound by these T&Cs. Your very use of this site constitutes your agreement to these T&Cs. If you do not agree to any of the provisions contained in these T&Cs, you should not use this site. We may change these T&Cs at any time without notifying you. By continuing to use this site, you agree to the amended T&Cs.

You must not:

  1. Use the site for anything that is illegal or infringes someone else’s rights.
  2. Post or send any material via the site which harms anyone else or use the site to send unsolicited messages.
  3. In any way tamper with the site or transmit any viruses via the site.
  4. Link to this site or any part of this site in a way that damages or takes advantage of our reputation, including but not limited to:

(a)   in a way to suggest or imply that you have any kind of association or affiliation with us, or approval or endorsement from us when there is none; or

(b)   in a way that is illegal, unfair or misleading.

We do not warrant that the site will be available at all times or without disruption or that the website or the website serverarefree of viruses or any other harmful components.

 

APPLICABLE LAW AND JURISDICTION 

BLC Cosmetics is incorporated in,and operates from, New South Wales, Australia. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the laws of New South Wales. By using this site, you submit to the jurisdiction of the courts of New South Wales and Australia and agree that any legal action will only be commenced in these forums.

 

PRODUCT ORDERS

All prices and availability of the products listed on the site are subject to change without notice. All prices and fees listed on the site are in Australian Dollars (AUD). If for any reason a price listed on the site is incorrect, whether due to an error by us, information received from a supplier or for any other reason, we have the right to refuse or cancel any order made at the incorrect price, even if the order has been successfully submitted and payment has been made.  In the event that payment has been made for the purchase and the order has been cancelled, we will refund the full amount of the incorrect price paid within a reasonable period of time.

Products purchased from our site must not be resold without our express consent. By purchasing products from our site, you agree that you will not resell any products, including any part of a product.

 

ACCOUNT ACCESS

To place orders and access some features of the site, you must register an account with us. To register an account, you must:

(a)  give us accurate and current personal information including your name, address, and a valid email address; and

(b)  be at least 18 years old and have the capacity to enter into a legally binding agreement with us.

By creating an account, you agree that you will keep your account details, such as your password, confidential, and not provide these details to any other person. You take full responsibility for all activity that occurs under your account. We are not responsible for any loss or damage resulting from your non-compliance with these terms. All information that you provide to us will be used in accordance with our privacy policy. If you become aware of any loss of your username or password,or believe there has been unauthorised access to your username and password, please contact us immediately. We reserve the right to cancel or change the details of your account at any time.

 

PAYMENT & ORDER CONFIRMATION 

BLC Cosmetics is under no obligation to ship any goods ordered until payment for those goods has been received in full.  In the event that requested goods are unavailable, BLC Cosmetics may cancel the transaction and provide a full refund. All orders placed are an offer of purchase and are subject to acceptance by BLC Cosmetics. If an order is not accepted, a full refund will occur at the earliest possible convenience. BLC Cosmetics reserves the right to refuse an offer for any reason, and to refuse any order that it reasonably believes is for the purpose of resale. All prices listed are inclusive of any applicable Australian goods and services tax.

 

INTERNATIONAL RESTRICTIONS OF SALE

BLC Cosmetics only supplies and sells Kerstin Florian products within Australia and is not authorised to ship product outside of this jurisdiction.

 

LOST OR DAMAGED GOODS 

If your order is lost or damaged in transit, please contact us so that we may assist you. Wherever possible, we will work with the courier in an attempt to resolve your issue. Please note that BLC Cosmetics is not responsible for products that are damaged in transit. Read our returns policy here.

 

THIRD PARTY LINKS 

This site may contain links to other websites from time to time, which we do not control. BLC Cosmetics is not responsible for the content of those websites. Although we would typically approve of the content contained in those websites, we do not endorse, provide any warranty or take any responsibility for any aspect of those websites or their content. The links to those websites are provided for convenience only and may not remain current. You use them entirely at your own risk. 

 

ADVICE AND INFORMATION 

The advice and information contained within this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. Whist we make every effort to ensure that the information contained within this site is correct, we take no responsibility for any loss or damage arising from its use.

 

LIMITATION OF LIABILITY

You agree that to the maximum extent permitted by law we will not be liable to you for any loss or damage in connection with any goods or services we provide to you including your use of this site and the products you order on this site. To the maximum extent permitted by law, you hereby release and forever waive all claims that you may have against us or our officers, directors, employees, or agents for any loss or damage you may sustain in connection with your use of this site and the products you order on this site.

Where a warranty is implied by law in relation to our provision of goods or services to you which may not be excluded, then to the extent permitted by law, our liability for breach of the warranty will, at our option, be limited to the supply of the goods or services again or (where applicable) having them repaired or replaced; or paying the cost of having them supplied again, repaired or replaced.

 

INDEMNITY

We rely on you to comply with these T&Cs. You agree to indemnify us for all losses, expenses, damages and costs, including legal fees, resulting from any violation of these T&Cs. You also agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of your use of this site. 

 

COPYRIGHT 

BLC Cosmetics, unless otherwise stated, owns (or has a licence to use) all content on this site and in any of our e-newsletters, including trademarks, text, icons, audio and graphics, which are protected by copyright law. You must not publish, distribute, extract, re-utilise or reproduce any material contained either on this site or in any of our e-newsletters without our prior written permission. Content that we post to Facebook or Instagram may be shared without our prior consent, but it must not be modified or altered in any way. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.