1.1. Welcome to Brow Shop!
1.2. Before using our Website, please review the following terms and conditions applicable to your use and enjoyment of our Website.
1.3.1. the use of our Website;
1.3.2. interactions with Brow Shop through social media;
1.3.3. purchases of Products from or through Brow Shop or our Website; and
1.3.4. services provided by Brow Shop,
(together the ‘Interactions’) and constitute the entire agreement between the contracting parties (‘Agreement’).
1.4. If you are uncertain about any of the terms of the Agreement, please contact Brow Shop before the completion of your purchase.
1.5. By continuing to interact with Brow Shop in any way, including, but not limited to, the Interactions, you agree that you have read and understood, and agree to be bound by these terms and conditions as amended from time to time.
- Review of terms
2.1. These terms and conditions are subject to change from time to time without notice. Past terms and conditions can be accessed on request by written notice to Brow Shop. You can make this request by emailing email@example.com. Use of this Website will be governed by the terms and conditions in force upon the date of your transaction.
2.2. Your continued use of the Website following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Website. For this reason, you should frequently review these terms and conditions to understand the terms and conditions that apply to your use of this Website.
2.3. From time to time there may be information on this Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Brow Shop reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
- Advice and information
3.1. The advice and information contained within or accessible by you through our Website (‘Information’) is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.
3.2. The statements made about our Products may not have been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals.
3.3. Use of the Information is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any of our Products or the Information before using or relying on them.
3.4. While we make every effort to ensure that the Information is correct, to the extent permitted by applicable law, we do not warrant that the Product descriptions, colours, ingredients, directions, labels, warnings, information (‘Product Details’) or other content available on our Website is accurate, complete, reliable, current, available or error-free. Please refer to the packaging on each Product to ascertain an accurate and current representation of the Product Details for each Product. We take no responsibility for any loss or damage arising from use of the Information, Product Details or reliance on our advice.
3.5. Reference to any Products, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Brow Shop.
- Use of Products
4.1. By purchasing our Products, you acknowledge that you are bound by these terms and conditions and agree to use the Products only for their intended purpose and strictly in accordance with the Products instructions, precautions and guidelines. Any other use will cause you to assume full responsibility for any loss or damage arising from their use.
4.2. You should always check the ingredients for Products to avoid potential allergic reactions.
4.3. If any minor uses any Product purchased through us it should be only after the parent or legal guardian has discussed the Product with the minor's doctor.
- Terms of sale
5.1. By purchasing Products from Brow Shop you warrant and represent that you are at least the age of majority in your state, territory or province of residence and are legally capable of entering into these terms.
5.2. You warrant that the purchase of Products of the type ordered by you from Brow Shop are lawful in your state, territory or province of residence, and that the shipping of such Products to you by Brow Shop will not constitute an offence under any relevant law or regulation.
5.3. Products purchased from Brow Shop will only be shipped once full payment has been received from you.
5.4. Brow Shop reserves the right to:
5.4.1. cancel orders in the event of a pricing error, or technical malfunction that would cause the Products to be sold at less than their recommended retail price;
5.4.2. modify the prices for any Product without notice to you;
5.4.3. modify or discontinue a Product without notice to you; or
5.4.4. refuse any order placed with Brow Shop by you at our sole discretion.
5.5. We reserve the right to refuse cancellation of your order.
5.6. We reserve the right to refuse a refund for a change of mind.
5.7. You are responsible for providing current, complete and accurate purchase and account information for any purchases made from the Website and you agree that you will update this information if and when it changes. You agree not to hold Brow Shop, its Related Bodies Corporate, agents, officers or employees responsible for any loss or damage resulting from any inaccurate information provided to Brow Shop by you and relied upon by Brow Shop in providing a Product or service.
5.8. You are responsible for ensuring that the Products are appropriate and safe for use by you or in the course of your business. You must not rely on any information provided by Brow Shop, which will always be general in nature. When using our Products, you must seek advice from a health care professional. Any injury, illness or death of any person incurred in the use of the Products is your responsibility, and to the extent permitted by law you agree not to hold Brow Shop, its Related Bodies Corporate, agents, officers or employees responsible for any such loss or damage.
5.9. Prices displayed on the Website do not include any relevant customs charges, taxes or tariffs, unless expressly stated. You will be responsible for all such fees and charges, as well as any customs processing required in relation to the Products ordered from Brow Shop.
5.10. A patch test is a method used to determine whether a specific substance causes inflammation of a person’s skin. You warrant that you are responsible for ensuring that every batch of every Product purchased from Brow Shop is adequately patch tested on each individual client before carrying out any procedure on them. You warrant that you fully understand how to effectively patch test.
- Product returns
6.1. This section is to be read in conjunction with the Refund Policy.
6.2. Where you believe there is a fault or problem with a Product we have provided, you agree to provide Brow Shop with photographic evidence, or return the Product to Brow Shop, at your cost, (at our election) as proof of any Product failure or fault. Brow Shop may reimburse your reasonable postal expenses if we deem a Product failure or fault to have occurred.
6.3. Prior approval should be obtained before any Products are returned to Brow Shop. If you have returned the Product to Brow Shop, and we determine that there is not a Product failure or fault, the Product will be returned to you at your cost.
6.4. If we determine that there has been a Product failure or fault, we may, at our election, provide a replacement Product of equal or greater value or a refund of an appropriate portion of the fees you have paid to Brow Shop.
6.5. You warrant that, when returning a Product to Brow Shop, it is your responsibility as the sender to ensure that it reaches Brow Shop. Further, you warrant that all Products are returned in an appropriate manner to ensure they are delivered back to Brow Shop in an un-damaged and resaleable condition.
6.6. If we do accept a return as a result of a change of mind, the Product must be returned at your cost and in the manufacturer’s original unopened packaging and in resaleable condition within 14 days from the date of the original invoice. We reserve the right to charge a re-stocking fee of either 10% of the value of the Products being returned, or $15.00 AUD, whichever is greater.
6.7. If there was an error resulting in you being in possession of additional Products, you must notify Brow Shop, and the Product(s) must be returned to Brow Shop within 14 days.
- Social media
7.1. Our general policy is not to delete your comments on Brow Shop’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are:
7.1.1. if your post is unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business;
7.1.2. if your post attacks another contributor or Brow Shop’s personnel;
7.1.3. if you flood our feed, making it difficult for others to get a word in;
7.1.4. if you post information that may endanger your privacy or the privacy of a third party; and
7.1.5. if your post is off topic.
7.2. While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.
- Reviews and comments
8.1. When using our Website, you may:
8.1.1. review our Products;
8.1.2. request information in relation to our Products; or
8.1.3. participate in forums,
(together the ‘Content’).
8.2. If you submit Content to our Website, you give Brow Shop permission to use, reproduce (in any medium), modify and publish that Content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the Website.
8.3. By submitting Content, you represent and warrant that:
8.3.1. you understand that you are participating in a public forum and that your Content will be available to all other users of the Website;
8.3.2. you are the sole author and owner of the intellectual property and other rights thereto or have the necessary licenses, rights, consents and permissions to use and authorise Brow Shop to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Website and these terms and conditions;
8.3.3. you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content;
8.3.4. all Content that you post is accurate;
8.3.5. you are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Website and agree to these terms and conditions; and
8.3.6. the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.
8.4. You also represent and warrant that any Content you submit:
8.4.1. is not false, inaccurate or misleading;
8.4.2. does not harm minors;
8.4.3. does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
8.4.4. does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8.4.5. does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti- discrimination or false advertising);
8.4.6. is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business;
8.4.7. does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
8.4.8. is not submitted for compensation or other consideration from any third party;
8.4.9. is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and
8.4.10. does not contain any computer viruses, worms or other potentially damaging computer programs or files.
8.5. You must not post Content which seeks to impersonate any person or entity, including, without limitation, any Brow Shop personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. You may not use the Website to collect or store personal data about other users.
8.6. Brow Shop reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by you will be excluded if it violates these terms and conditions regarding submission of Content.
8.7. User reviews of Products in no way represent the views or opinions of Brow Shop or its owners, shareholders, employees or others, but are the sole Product of its creator. Brow Shop disclaims all liability with respect to the Content.
You hereby acknowledge and agree that Brow Shop and all of its Related Bodies Corporate, officers, directors, employees, agents and third-party service providers shall not be liable with respect to, and you hereby waive, release, and agree not to take action against any of them upon, any claim for any loss or harm suffered or incurred by you or your client, in the course of you providing your services (if applicable), in connection with, arising out of, or in any way related to, an allergic reaction you or your client (if applicable) suffers as a result of our Products unless that allergic reaction is caused by our gross negligence or wilful default.
10.1. You agree to defend, indemnify and hold harmless Brow Shop (and each of their Related Bodies Corporate, officers, directors, agents, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of:
10.1.1. your use of and access to the Website;
10.1.2. your violation of any term of these terms and conditions;
10.1.3. a breach of your representations and warranties set forth above regarding Content;
10.1.4. your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or
10.1.5. any claim that any Content you submitted caused damage to a third party.
This indemnification obligation will survive the termination of these terms and conditions and your misuse of our Website.
- Limitation of liability
11.1. To the greatest extent permitted by law, Brow Shop gives no warranty and makes no representation, express or implied, as to any matter including merchantability, fitness for a particular purpose or use in relation to any Product supplied by Brow Shop.
11.2. Where legislation implies into these terms and conditions any condition or warranty that cannot be restricted or modified, our liability for any breach of such conditions or warranties (to the maximum extent permitted by law) is limited to, at our election, the value of the Products you have purchased, or the resupply of those Products.
11.3. These terms and conditions will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any Products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any state or territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.
11.4. You agree to hold Brow Shop, its Related Bodies Corporate, officers, agents and employees harmless from any loss or damage suffered by you or a third party in using a Product purchased from Brow Shop if used other than in accordance with our instructions, or without obtaining appropriate medical advice as to the appropriateness of the Product for your use.
11.5. Brow Shop does not make any guarantee regarding your ability to access the Website, which may from time to time not be accessible or functional (whether wholly or partly).
11.6. The specifications and descriptions of all Products listed herein may change from time to time without notice. All photographs, illustrations, line drawings, dimensions, and sizes, where shown, are included for reference and guidance only. You should not rely on them to be accurate by scale, and the Product supplied may vary from the specifications indicated.
11.7. You agree not to hold Brow Shop, its Related Bodies Corporate, agents, officers or employees responsible for any loss or damage resulting from any inaccurate information provided by Brow Shop to you and relied upon by you in providing a Product or service.
11.8. By using the Website or ordering our Products, you agree that Brow Shop is not liable in any circumstances for special, indirect or Consequential Loss or any damages whatsoever resulting from loss or damage to property, injury, damage to reputation, loss of use, loss of data or loss of revenues or profits, whether in contract, tort, negligence or otherwise, arising out of or in connection with your use of the Website or the Products you purchase from or through Brow Shop.
11.9. It is imperative that when our carriers arrive at your nominated delivery address, they are able to effect delivery, either by the fact that the premises are attended, or specific instructions are available as to where to leave the Product(s). Neither Brow Shop, nor our carriers, will accept any responsibility for Product(s) left (by instruction) at an unattended location which are later found to have been misappropriated after delivery. If our carriers are unable to effect any delivery during normal working hours, due to non-attendance of the recipient at the nominated delivery point, any and all additional charges we incur for re-delivery at a later time will be passed on to you.
11.10. When signing a carrier’s delivery docket accepting receipt of a consignment, please ensure that the quantity of packages you are signing for is the same quantity that is shown on the delivery docket. If the full quantity of packages shown on the carrier’s delivery docket has been signed for, the carrier will consider the delivery to be complete and may not assist in the search for any “missing” packages.
- Content and intellectual property rights
12.1. The content and design of the Website, and the typeface, imagery and logos used to depict the Products on our Website form part of our intellectual property. Products may also be the subject of our intellectual property. Brow Shop will defend the intellectual property rights in connection with our Products and the Website.
12.2. Title and ownership of our intellectual property shall not be transferred by virtue of your use of the Website.
12.3. Unless specifically authorised by us, or otherwise allowed by applicable laws, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content or designs on our Website, in whole or in part.
12.4. You may not use our name or logos, intellectual property or trademarks on any website or any other platform without our express written consent.
12.5. You agree to not offer Products purchased from Brow Shop for resale without express written permission by Brow Shop.
- Website security
13.1. Brow Shop will do its best to maintain the Website so that you have constant use, but there will be times when your use may be interrupted.
13.2. You agree that you will not, and will not allow any other person to:
13.2.1. use the Products purchased from Brow Shop for any purpose other than for your personal use or use during the course of your business;
13.2.2. use the Website or Products for any illegal, unlawful, improper or infringing purpose;
13.2.3. use spiders, data scrapers, viruses or other software which may threaten the integrity and security of the Website; or
13.2.4. upload, transmit, post or share any virus or similar computer code or software that may cause damage to, or violate the privacy of Brow Shop’s data or the data of our customers.
13.3. You agree to use the Website in accordance with any and all applicable laws.
- Salon owners and beauty professionals
14.1. If Brow Shop determines that you are a salon owner or beauty professional (at Brow Shop’s absolute discretion) then you warrant:
14.1.1. that you are adequately trained and qualified in your state or province of residence, and place of work, in the use of Products of the type ordered by you from Brow Shop;
14.1.2. that, as a professional in your field, you have done your due diligence in all areas to fully understand the Products you are purchasing, their possible dangers and their safe, effective and appropriate uses and storage; and
14.1.3. that you have notified and registered your business with a relevant health department (or equivalent) if required by legislation in your state, territory or province.
- Breach and termination
If, in our reasonable opinion, you breach any provision of the Agreement Brow Shop may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Website. In any event, we may terminate the Agreement (and your rights to use the Website) at any time and for any reason without prior notice to you.
- Interface with the Website
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Website.
- Applicable law and jurisdiction
These terms and conditions and any transactions contemplated by it will be governed by and construed in accordance with the laws of South Australia, Australia. By using this Website, you submit to the exclusive jurisdiction of the courts in South Australia, Australia and agree that any legal action will only be commenced in this forum.
18.1. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
18.2. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
18.3. If a dispute arises out of or in connection with these terms or any contract between you and Brow Shop, then you agree to attempt to settle the dispute by engaging in good faith with Brow Shop in a process of mediation before commencing arbitration or litigation.
18.4. Brow Shop is not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes, civil unrest, global pandemics and restrictions imposed by law or regulation.
18.5. You may not assign, delegate or novate these terms and conditions to any other person or body corporate without our written authority.
18.6. Brow Shop retains the right to assign, delegate or novate these terms and conditions without notice.
- Contact information
If you have any questions relating to these terms and conditions, please contact Brow Shop by emailing firstname.lastname@example.org.
20.1. ‘Australian Therapeutic Goods Administration’ means Australia’s regulatory authority for therapeutic goods;
20.2. ‘Brow Shop’, ‘we’ or ‘our’ means Brow Shop Holdings Pty Ltd ACN 623 642 928;
20.3. ‘Consequential Loss’ means damages under the principle known as the second limb of Hadley v Baxendale as interpreted by Australian courts;
20.5. ‘Products’ means any microblading, beauty and other products offered for sale by Brow Shop;
20.6. ‘Refund Policy’ means our refund policy available at https:// browshop.com.au/policies/refund-policy;
20.7. ‘Related Bodies Corporate’ has the meaning given by the Corporations Act 2001 (Cth);
20.8. ‘Shipping Policy’ means our shipping policy available at https:// browshop.com.au/pages/shipping; and
20.9. ‘Website’ means our website and online store located at https:// browshop.com.au/.