Black Friday SALE! Hurry, while stocks last!

Black Friday SALE! Hurry, while stocks last!

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Terms & Conditions

Introduction

In these terms and conditions, “we” “us” and “our” refers to Picture Polish.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Members

To become a member you must create an account by providing certain information as set out on our ‘my account’ page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

You agree that your purchase is for personal use or manicure services, and that no items are being on-sold by you (or an associated business) any where in the world.

On registration, you will be required to provide a password. On registration you agree to pay for our products as set out on our website.

We reserve the right to terminate your membership at any time and cancel/refund any orders placed if you breach these terms and conditions.

Website Services

Picture Polish is based in Australia therefore all orders are processed in AU$. The converted prices displayed are approximates only. When you checkout your payment will be processed in AU$ and then converted by your financial institution. The financial institution that issues your credit card or PayPal determines the exact exchange rate charged and any fees. This may vary slightly to what appears on checkout. The invoice you receive with your order will be displayed in AU$ and not your converted currency.

We endeavor to ensure that our product price list is current. Please see individual products for specific pricing.  We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfill your order at the price listed at the time you ordered.

Product Descriptions

We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission.

Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Please read through the Picture Curable Guide prior to purchase of Picture Curable products.  If you purchase Picture Curable colours or Glossy Top Coat without the Picture Curable Lamp you do so at your own risk.  Some skin types do not tolerate different types of nail coatings.  Applied correctly and fully cured, Picture Curable has been shown not to cause irritation however if any irritation occurs using Picture Curable, discontinue use.

Ingredients listings are provided for nail polish, picture curable and nail care please ensure you read prior to purchase.

Product Orders

We endeavor to ensure that our product list is current, however we give no undertaking as to the availability of any product advertised on our website.

All prices are in Australian Dollars (AU$) and are inclusive of GST for Australian orders. International orders do not include GST.  We reserve the right to amend our prices at any time.

Shipping is an additional charge, calculated at time of purchase. We reserve the right to amend our prices at any time.

Australian orders are shipped by road only with Australia Post.

International Orders are shipped with DHL Express and your shipping price does not include any import taxes/duties or miscellaneous charges incurred in your country and these are solely your responsibility.

If delivery of your package is refused for any reason, the package will be declared as abandoned.  No refund applies.

If you have not received your order within 14 business days please contact us and if you agree with the courier to have your package left that is at your own risk and we do not replace your package if it goes missing. No refund applies.

If you live in a remote area there by an additional freight fee and we will advise this prior to processing your order. This fee also applies with free shipping.

Please see Stockists to locate your nearest online stockist.

If you purchased from a Stockist please refer any queries back to them and they will contact us if required thank you.

When you order from us, we require you to provide your name, address for delivery, your email address, and telephone number. We undertake to take due care with this information, however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

Delivery of your ordered items will be as set out on our website. Title of the goods passes to you when we have received payment. Our terms of payment are set out on the checkout page.

Refunds & Returns

Please see our Refunds & Returns policy.

Order Cancellations

An order can be cancelled prior to shipping and refunded back to the relevant payment facility.

When an order has been shipped, providing it can be returned to Australia, and at our discretion cancellation may be allowed. Once received back to PP HQ it will be refunded less the full cost of shipping charged to us by the carrier to send and return (this is regardless of whether free shipping applied to your order).

International Credit Cards are refunded at the conversion rate on the day refund takes place and may fluctuate in value and the monies may take up to 5 days to return to your account. These processes are beyond our control and in cancelling your order and requesting a refund you accept the difference in value refunded to your International Credit Card and the time frame for the return of your monies.

Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to meta-tag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your meta-tag or mirroring of our website.

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:-

a. Schedule 2 of the C&C Act; and

b. those statutory guarantees, all of which are given by us to you if you are a consumer.

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

a. We will repair or replace the goods or any part of them that is defective; or

b. Provide again or rectify any services or part of them that are defective; or

c. Wholly or partly recompense you if they are defective.

As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:-

a. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.

b. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.

c. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

a. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

b. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

c. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

d. We do not participate in any way in the transactions between our users.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days Notice to you. ‘Force Majeure’ means any act, circumstance or omission over which we could not reasonably have exercised control.

Juristiction

These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.