Terms & ConditionsDEFINITIONS
In these Terms and Conditions:
(a) Client includes, but without limitation, browsers, vendors, customers, and merchants.
(b) Powder Perfect means the company formally known as Powder Perfect Pty Ltd A.C.N. 608 505 684.
(c) Products include all nail lacquers, cuticle oil, decals and any other items sold by Powder Perfect.
(d) Services means using and/or accessing Powder Perfect’s website, and the supply and/or use of Powder Perfect’s products.
(e) Third-party means third-party suppliers to Powder Perfect.
Please read these Terms and Conditions carefully before accessing or using our website, or purchasing our products. Please note that by accessing or using all or part of our website, and by purchasing our products, you are considered a client of Powder Perfect and are bound by these Terms and Conditions (including any additional terms that are referenced herein or by hyperlink). If you do not agree with the Terms and Conditions, you are not able to access or use our website, or purchase our products.
ACCURACY OF INFORMATION
Powder Perfect is not responsible if the information made available on its website and on the products is not accurate, complete or current. The information on the website or on the products is provided for general information only and should not be relied upon as the sole basis for decision making. Any reliance on the information contained within the website and on the products is at your own risk.
ONLINE STORE TERMS
By engaging our services, you warrant that you are of age in your State or Province of
residence, or that you have given us your consent to allow any of your minor dependents to
access and/or use our website, and purchase our products.
You warrant that you will not use our website and/or our products for an unlawful or unauthorised purpose. Further, you warrant that you will not violate any laws in your jurisdiction (including but not limited to the laws of copyright).
You warrant that you will not transmit any viruses or code to our website. Should this occur,
you will be considered liable for any loss or damage of any kind whatsoever and howsoever
arising out of or in connection with this transfer to our website, including any loss or damage
of any kind whatsoever experienced by our clients.
You agree not to reproduce, duplicate, copy or exploit any part of our website, including our
Terms and Conditions, without the express, written permission from Powder Perfect.
You agree not to reproduce, duplicate, copy or exploit any portion or part of the products without express permission from Powder Perfect.
Powder Perfect, and nail polish in general, is highly flammable and should be kept out of reach of children and pets. It is recommended that any Powder Perfect products are kept away from sources of heat and sunlight.
All care is taken during the manufacturing of the Powder Perfect products. However, the use of any of the Powder Perfect product is at your own risk, and you agree to only use and/or apply the products as directed.
Powder Perfect products must not be ingested.
Payment is due at the time of purchase through Paypal. All prices on our website are displayed in United States dollars.
You acknowledge that your personal information inputted into our website may be transferred unencrypted and involve transmissions over various networks and changes in order to conform and adapt to technical requirements of connecting to other networks and devices. Credit card information, however, is held securely by PayPal.
Powder Perfect cannot make alterations to orders once payment has been processed.
Return and/or exchange of products are not accepted. We encourage our clients to choose products wisely.
Orders are usually dispatched within 1-5 business days of purchase. Postage within the United States usually takes between 7 to 14 days. This timeframe may be longer to remote area destinations.
MISSING/ DAMAGED ITEMS
Powder Perfect will not be held responsible for packages lost in transit during shipping.
Tracking and insurance may be added to your order by request, for an additional cost.
Should ordered products be missing from the package, or the package/s contains items that are damaged, you must contact Powder Perfect within 24 hours of the package being delivered and a replacement will be arranged. Please note that you must have proof of purchase in this instance. Where a broken package and/or damage are claimed, Powder Perfect will require a photograph.
REFUSAL OF SERVICE
Powder Perfect reserves the right to refuse service to an individual, company or organisation at anytime for any reason. Powder Perfect, at its sole direction, may limit or cancel quantities of products purchased per order. Such restrictions may include orders placed by or under the same name, credit card details, and/or billing/ shipping address.
You acknowledge that certain ingredients and products may include those from third-party suppliers. Powder Perfect will not have responsibility of, or accept any liability for, the ingredients and products from third-party suppliers.
These Terms and Conditions will apply to any original order placed, as well as any subsequent order for Powder Perfect products.
BREACH OF TERMS AND CONDITIONS
A breach or violation of the Terms and Conditions will result in an immediate termination of our services to you.
We have a handmade range of Power Perfect products that are carefully handmade in batches and may, therefore, have a slight variation in the batches/ bottles. All handmade products are prepared under the same quality standards.
WAIVER & VARIATION
A provision of or a right created under these Terms in favour of Powder Perfect may not be waived or varied except in writing signed by Powder Perfect. Powder Perfect may elect not to
exercise its rights arising from a breach of any provision of these Terms. Such election, even
if the breaches are continuous and multiple, shall not create any estoppel or presumption against Powder Perfect.
LIMITATION OF LIABILITY
Powder Perfect are not liable in tort, contract or otherwise for any loss or damage of any kind whatsoever and howsoever arising out of or in connection with the supply of products,
including (but not limited to) any injury, direct or indirect, or inconsequential loss of profit or
revenue; contract, or goodwill; even if due to the negligence of Powder Perfect, its employees
or its agent.
You agree to indemnify, defend and hold harmless Powder Perfect, including its officers, officials, employees and volunteers, from any and/or all claims, injuries, damages, losses or suits, including legal fees, arising out of, or resulting from, any acts, errors or omissions in relation to its website and its products.
Should any Term and/or Condition in this document be affected by any illegality, unenforceability or invalidity, then that Term and/or Condition shall be considered to the extent of such illegality, unenforceability or invalidity independently of and severable from any other Term and/or Condition contained in this document and shall not affect the enforceability of any other Term and/or Condition in this document in any way whatsoever.
The law of Queensland governs this Contract and Powder Perfect and its clients submit to the
non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia.
This document contains the entire understanding of Powder Perfect and its clients as to the subject matter of the Terms and Conditions. There is no other agreement, warranty or representation, express or implied, in any way defining or extending or otherwise relating to
these, provisions or binding on the parties with respect to the website and the products.
Powder Perfect respects your privacy. Powder Perfect will use your information for its own
purposes and will not share such information with any third-party.