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The content of the pages of this website is for your general information and use only. It is subject to change without notice.Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
Terms and Conditions
- Supply of Products
- The Supplier agrees to supply and the Customer agrees to purchase the Products.
- The Customer must place an Order:
- through the Website in accordance with these terms and conditions;
- by submitting the Order Form to the Supplier’s Email; or
- as otherwise agreed in writing between the parties.
- The Supplier accepts the Order by sending a confirmation of the Order to the Customer by email.
- Site preparation
- The Customer must at its own expense prepare the Site, and access to the Site, prior to delivery. In so doing, the Customer must comply with any directions or specifications issued by the Supplier.
- If the Supplier delays delivery of the Products due to inadequate preparation of the Site or access to the Site, the Customer will be liable to the Supplier for all costs and expenses incurred by the Supplier directly or indirectly as a result of such delay, including but not limited to freight and storage.
- Delivery of the Products will take place at the Site specified by the Customer on the delivery instructions, to the door.
- The Customer is responsible for ensuring that sufficient access and space to complete the delivery will be available. If the Products are to be delivered to a Site other than on ground level, then sufficient access will be available by staircase or lift.
- If the Customer has selected authority to leave option when choosing the delivery service online, the transport service provider will leave the Products in a safe place.
- If there is no safe place to leave the Products, the transport service Provider may leave a card with instructions that your Order has been taken to a nearby collection point.
- If the transport service provider does not have a collection point nearby your Order will return to the Supplier’s depot for collection or the Supplier support team will contact you to re-arrange the delivery, at an Additional Charge.
- If the Site does not have access to a lift and the delivery Site is more than 1 flight of stairs the transport service provider may decline to carry the Products up all the way and the Customer will be expected to organise this.
- The Supplier will use reasonable endeavours to deliver the Products to the Customer on the Delivery Date at the Site during Business Hours.
- The Delivery Times made known to the Customer are estimates only and the actual Delivery Time may vary.
- The Supplier is not responsible or liable for delayed delivery.
- If the Customer requests in writing that delivery of the Products to be made in advance of the Delivery Date or postponed beyond the Delivery Time, the Supplier will use its reasonable endeavours to re-schedule delivery accordingly but will otherwise be under no obligation to comply with the Customer’s request.
- If the Supplier accedes to a request made by the Customer in accordance with to clause 3(d), the Supplier may apply such Additional Charge as the Supplier considers to be reasonably appropriate to reflect the impact upon the Supplier's resources of complying with such request, including but not limited to charges relating to freight and storage.
- Where practicable, the Supplier will inform the Customer of any change of Delivery Time.
- If the Delivery Time is changed, the Customer must use its best endeavours to prepare the Site and to do all other things necessary to enable it to comply with the request and to accept early delivery.
- The Supplier is not responsible to the Customer or any person for any loss or damage to Products in transit caused by the acts or omissions of third parties.
- The Customer may authorise the Supplier to arrange for the Products to be delivered to and left at the Site without requiring signature for delivery. The Customer acknowledges and agrees that, to the extent permissible by law, the Supplier disclaims all warranties and liabilities in relation to the delivery of the Products and, unless otherwise required by law, will not replace or refund the Products which are not received where the Customer authorised the delivery to be left without signature.
- If the Customer wishes to collect the Products from the Supplier, the Supplier will use reasonable endeavours to make available the Order within a forecasted timeframe and will notify the Customer when and where the Order is ready for collection.
- The Supplier will use reasonable commercial endeavours to ensure, but does not warrant, that any information provided by its suppliers, including in relation to the Product descriptions on the Website, is accurate, complete, reliable, current or error-free.
- The Customer may, during the manufacturer’s warranty period (if any) or, to the extent authorised by law, reject any Product delivered to it that is materially non-compliant with the Specifications, provided that:
- the Customer gives the Supplier a detailed written notice of rejection (Defect Notice) of:
- a defect of a Product that is apparent on normal visual inspection, within 2 Business Days of the Delivery Date;
- a latent defect of a Product, within a reasonable time of the latent defect having become apparent; and
- none of the events listed in clause 4(e) apply.
- the Customer gives the Supplier a detailed written notice of rejection (Defect Notice) of:
- The Customer is deemed to have accepted the Products if the Customer fails to give notice of the rejection in accordance with clause 4(b).
- The Supplier is not liable for a Product’s failure to comply with the Specifications in any of the following events:
- the Customer makes any further use of the Product after sending a Defect Notice;
- the defect arises because of mismanagement wrong or improper installation, use, maintenance or storage by the Customer (including Products or components broken, corroded or damaged due to improper handling, improper external extrusion, contact with or exposure to improper temperature, water immersion or wet environment);
- the defect arises because of operation of the Products other than in accordance with the Specifications;
- the defect arises because of use of the Products in a manner contrary to law, or not reasonably contemplated by the Supplier;
- the defect arises because of modification of the Products;
- the defect arises because of subjection of the Products to unusual or un-recommended physical, environmental or electrical stress; or
- the Customer's failure to comply with any terms of this agreement.
- Upon receipt of the Defect Notice, the Supplier may request the Customer to ship back the Products to the Supplier for inspection, in accordance with clause 4(g).
- If the Customer provides a Defect Notice and any subsequent inspection by the Supplier reveals no defect, there will be no further obligation on the Supplier under clause 4 and the direct and indirect costs and expenses associated with such inspection will be borne by the Customer.
- The Supplier may, to the extent necessary, and at its sole discretion, do any or none of the following:
- inspect the Products; and/or
- replace or repair the Products at no Additional Charge; or
- refund the Products,
after having received the Defect Notice from the Customer.
- If the Supplier repairs, replaces, or refunds the Product, such repair, replacement, or refund will constitute fulfilment of all warranty obligations and liabilities of the Supplier with respect to the reported defect.
- The Supplier retains title to the Products, and title to the Products does not pass from the Supplier to the Customer, until the Customer pays in full the Product Prices and all other amounts that are payable, owing but not payable, or that otherwise remain unpaid by the Customer to the Supplier, on any account, at any time. This is so even if the Customer has taken possession of the Products, or has enhanced or changed the Products or performed work on the Products.
- The Customer grants the Supplier and its representatives an irrevocable licence to enter any land or premises for the purpose of inspecting, seizing or otherwise enforcing the Supplier’s rights in respect of Products under this agreement and indemnifies the Supplier for any claims for damage to property or personal injury as a result of exercising those rights. If the Supplier lawfully seizes or retakes possession of any Products, it may deal with them as it thinks fit.
Risk of loss or damage to the Products passes to the Customer upon delivery of the Products to the Site, including where Products are left at the Site without requiring signature for delivery.
- Product Prices
The Product Prices and Total Purchase Price are set out in the Order Form.
- Payment terms
- Payment of the Total Purchase Price of an Order submitted on the Website is in advance, upon submission of the Order Form.
- Payment on the Website can be made by any payment method specified on the Website from time to time.
- Payments in respect of Orders submitted by email are payable on receipt of the invoice.
- If an invoice is not paid when due, the Supplier may, at its discretion, charge a reasonable Interest Rate on the unpaid Product Prices from the due date.
- Any Additional Charges are payable upon receipt of the invoice.
- Default interest
- If any sum due for payment by the Customer under this agreement is not paid on the due date, the Customer must pay interest on the amount unpaid at the Interest Rate.
- Interest payable under clause 9(a) accrues on a day-to-day basis from the due date up to and including the date of actual payment.
- Interest payable under clause 9(a) may be capitalised by the Supplier on a monthly basis.
- Each party to this agreement is authorised to deduct any amount due and payable by another party from amounts otherwise due and payable to that other party under or in connection with this agreement.
- Any exercise by a party of its rights under clause 10(a) does not limit or affect any other rights or remedies available to it under this agreement or otherwise.
- Registration on the PPSR
- This agreement is a security agreement for the purposes of the PPSA. The Customer acknowledges that it has granted the Supplier a security interest in the Products and their proceeds which is a purchase money security interest to the extent that it secures payment of all or part of the Total Purchase Price for particular Products.
- The Customer consents to the Supplier perfecting any security interest arising in connection with this agreement by registering a financing statement on the PPSR and any other applicable security registers in any manner it considers appropriate. The Customer agrees to do anything the Supplier reasonably asks to ensure that the security interest:
- is enforceable, perfected and otherwise effective; and
- has priority over all other security interests.
The Customer agrees to pay or reimburse the Supplier for any fees or charges for the PPSR or other registrations contemplated by this clause.
Unless expressly stated otherwise, all amount payable under this agreement, including Product Prices, are exclusive of GST and must be calculated without regard to GST.
- A party must not, without the prior written approval of the other party, disclose the other party’s Confidential Information.
- A party will not be in breach of clause 13(a) in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
- Each party must take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this agreement, do not make public or disclose the other party’s Confidential Information.
- This clause will survive expiry or the termination of this agreement.
- Limitation of liability
- To the extent permitted by law, the Supplier, its officers, employees, agents, contactors or suppliers, are not liable for Consequential Damages even if the Supplier, its officers, employees, agents, contactors, suppliers or any Related Body Corporate are aware of the possibility of those Consequential Damages.
- Subject to clause 15(c) the Customer warrants that it has not relied on any representation made by the Supplier which has not been stated expressly in this agreement, or upon any descriptions, illustrations or specifications contained in any document produced by the Supplier.
- The Customer acknowledges that to the extent the Supplier has made any representation which is not otherwise expressly stated in this agreement, the Customer has been provided with an opportunity to independently verify the accuracy of that representation.
- The Supplier’s liability (other than that addressed in clause 15(a)), whether in contract, tort, statute or otherwise, to the Customer or any third party concerning performance or non-performance by the Supplier, or in any manner related to this agreement, for all claims, is limited in the aggregate to an amount equal to the relevant Product Prices paid by the Customer.
- Nothing in this agreement is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of the Supplier in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
- Nothing in this agreement limits or excludes the Supplier’s liability:
- for death or personal injury caused by its negligence or wilful misconduct or that of its employees, as applicable;
- for fraud or fraudulent misrepresentation by it or its employees, as applicable; or
- where liability cannot be limited or excluded by applicable law.
- Force Majeure Event
- Neither party is in breach of this agreement or is liable to the other party for any loss incurred by that other party as a direct result of a party (Affected Party) failing or being prevented, hindered or delayed in the performance of its obligations under this agreement due to a Force Majeure Event.
- If a Force Majeure Event occurs, the Affected Party must notify the other party (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
- On providing the notice in clause 16(b), the Affected Party will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, the Affected Party must continue to use all reasonable endeavours to perform those obligations.
- The performance of the affected obligations must be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
- If the delay due to the Force Majeure Event continues for 3 months, either party may terminate this agreement immediately on providing notice in writing to the other party.
Without limiting the remainder of this agreement, if:
- the Customer fails to pay any amount due under this agreement within 1 Business Day of becoming payable the Supplier may terminate this agreement immediately by notice in writing to the Customer;
- a party to this agreement is in breach of any express or implied term of this agreement and, where the breach is capable of remedy, and the breach is not remedied by the defaulting party within 20 Business Days, the other party may terminate this agreement immediately by notice in writing to the defaulting party.
- Effect of termination
If notice is given to the Customer pursuant to clause 17, the Supplier may, in addition to terminating the agreement:
- retain any moneys paid;
- be regarded as discharged from any further obligations under this agreement; and
- pursue any additional or alternative remedies provided by law.
- A party claiming that a dispute has arisen under, or in connection with this agreement must not commence court proceedings arising from, or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
- A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
- Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 10 Business Days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
- The Customer must not transfer or assign its rights under this agreement without the Supplier’s prior written consent.
- The Supplier may, without the consent of the Customer, subcontract any part of its obligations under this agreement.
- This agreement will be governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.
- If any provisions of the agreement or the application of any such provision is held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will continue in full force and effect.
- The waiver, amendment or modification of this agreement or any right hereunder will not be effective unless made in writing and signed by an authorised representative of both parties. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party.
- Nothing in this agreement creates a joint venture, partnership, or the relationship of principal and agent, or employee and employer between the parties and no party has the authority to bind any other party by any representation, declaration or admission, or to make any contract or commitment on behalf of any other party or to pledge any other party’s credit.
- Any notice, approval, request, demand or other communication (Notice) to be given for the purposes of this agreement must be in writing and must be:
- served personally; or
- sent by email to firstname.lastname@example.org; or
- sent by ordinary or registered post – person to person mail (airmail if overseas) to the address of the party specified in this agreement (or such other address as that party notifies in writing).
- A notice is given if:
- hand delivered on the date of delivery; or
- sent by prepaid mail 2 Business Days after posting;
- sent by email and the sending party’s electronic equipment reports that the email has been sent:
- before 5 pm on a Business Day, on that day;
- after 5 pm on a Business Day, on the next Business Day after it is sent; or
- on a day that it is not a Business Day, on the next Business Day after it is sent,
and the sender does not receive a delivery failure notice;
- This agreement constitutes the entire agreement between the parties regarding the matters contained in it and supersedes any prior representations, understandings or arrangements made between the parties, whether oral or written.
In this agreement unless the context requires otherwise:
- reference to a person includes any other entity recognised by law and vice versa;
- the singular includes the plural and vice versa;
- one gender includes every gender;
- clause headings are for reference purposes only;
- reference to a party includes that party’s executors, administrators, successors (including any entity resulting from a permitted amalgamation), permitted assigns and substitutes; and
- reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of it.
In this agreement:
ACL means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
Additional Charge means a charge in accordance with the Supplier’s standard rates in effect from time to time, or as otherwise determined by the Supplier in the circumstances.
Business Day means a day that is not a Saturday, Sunday or public holiday in the state or territory of shipping and/or delivery of the Products or of a notice.
Business Hours means 9.00 am to 5.00 pm at the Site on Business Days.
Confidential Information means the confidential information of a party which relates to the subject matter of this agreement and includes:
- the terms of this agreement, any Order or Order Form;
- information relating to the personnel, policies or business strategies of Supplier;
- information relating to the terms upon which the Products have been supplied pursuant to this agreement.
Consequential Damages means special, incidental, direct, indirect, exemplary, punitive or consequential damages, loss of revenue, loss of profits, loss of production, loss of data, loss of goodwill or credit, loss of reputation or future reputation or publicity, loss of use, loss of interest, damage to credit rating, loss or denial of opportunity, loss of anticipated savings, or increased or wasted overhead costs, or which relates to additional expenses incurred or rendered futile; or which is not a natural or immediate consequence of the cause of action; or which is suffered as a result of a claim by a third party; or which consists of a claim for personal injury or damage to property, whether in contract, tort, statute or otherwise.
Customer means the customer described in the Order Form.
Delivery Time means the estimated time and date specified in the Order Form (or the date as otherwise nominated for delivery by the Supplier, acting reasonably, or third party delivering the Products).
Force Majeure Event means any of the following:
- act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
- strikes or other industrial action outside of the control of the Affected Party;
- war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic;
- any decision or direction by a competent authority in relation to a pandemic, including, without limitation, COVID-19, or any threat of COVID-19, beyond the reasonable control of the Affected Party;
- any decision, action or omission – wilful or negligent - of third parties beyond the reasonable control of the Affected Party; or
- any of the following events in relation to a third party:
- a receiver, receiver and manager, administrator, liquidator, trustee or similar official is appointed over any of the assets or undertaking of the person;
- the person suspends payment of its debts generally;
- the person is or becomes unable to pay its debts when they are due or is unable to pay its debts;
- the person enters into or resolves to enter into any arrangement, competition or compromise with, or assignment for the benefit of, its creditors or any class of them;
- an application or order is made for the winding up or dissolution of, or the appointment of a provisional liquidator to, the person or a resolution is passed or steps are taken to pass a resolution for the winding up or dissolution of the person otherwise than for the purpose of an amalgamation or reconstruction which has the prior consent of all shareholders; or
- an administrator is appointed,
to the extent that it affects the Affected Party’s ability to perform its obligations under this Agreement.
Interest Rate means for a given date, the daily cash rate set by the Reserve Bank of Australia.
Notice has the meaning given in clause 20(g).
Order means an order for Products by the Customer by submitting an Order Form.
Order Form means the initial pages of this agreement prior to the operative provisions or the order summary on the Website when an online Order is placed.
PPSA means the Personal Properties Securities Act 2009 (Cth).
PPSR has the meaning given to it in the PPSA.
Products means the beauty salon furniture, equipment and supplies or any other products supplied by the Supplier to the Customer pursuant to this agreement.