Terms and Conditions
1.1 www.fakebake.com.au is maintained and operated by Fake Bake Australia Pty Ltd whose office is:-
Unit 1B, 4 Hobsons Gate, Currambine, WA 6028
1.2 These Terms and Conditions govern your use of the www.fakebake.com.au website ("Fake Bake"), and your relationship the website operator.
1.3 The purpose of this website is to retail cosmetic beauty products ("Products").
1.4 www.fakebake.net.au and the Products are intended for and directed solely at those who access www.fakebake.com.au from Australia. If you are accessing www.fakebake.com.au from a location outwith Australia, you are responsible for complying with the laws which apply in that jurisdiction.
1.5 These Terms and Conditions take precedence over and exclude any Terms and Conditions which you may introduce.
1.6 We reserve the right to update or modify these Terms and Conditions. Any changes to these Terms and Conditions will be posted on this site. The change of Terms and Conditions shall not affect the existing Terms and Conditions accepted by you upon making a purchase using the Site.
2.1 Throughout the Terms and Conditions, when we refer to "we", "us", "our" etc., we are referring to Fake Bake Australia Pty Ltd. When we refer to "you" etc we are referring to you the customer.
2.2 In these Terms and Conditions:-
"Contract" shall mean a contract concluded between www.fakebake.com.au and you in terms of Clause 5.8 of these Terms and Conditions.
"Delivery" shall mean delivery of the Order in accordance with Clause 8 of these Terms and Conditions.
"Products" shall mean the goods and products available from www.fakebake.com.au which are supplied to you
"Order" shall mean your order for Products received by e:mail, telephone, fax or letter to us directly or made on www.fakebake.com.au
3.1 When you register with www.fakebake.com.au you must ensure that the details provided by you on registration or at any time are correct and accurate. You must provide the correct address for any credit card or debit card you use to make any payments to www.fakebake.com.au.
3.3 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by e:mailing email@example.com. If you cancel, you must stop using www.fakebake.com.au.
3.4 The suspension or cancellation of your registration and your right to use www.fakebake.com.au shall not affect your or our rights or obligations.
4. Products and Prices
4.1 Our prices are stated in Australian Dollars only and are inclusive of Goods and Services Tax (GST).
4.2 We have taken all reasonable steps to ensure that the Products are described as fairly and accurately as possible. We also endeavour to ensure that price and availability information is publicised as accurately as possible and is kept up to date. In the unlikely event that www.fakebake.com.au contains any inaccurate, incomplete or out of date information we shall endeavour to rectify this as soon as practicable.
4.3 We reserve the right to make changes to www.fakebake.com.au and to details of Products without notice and with no liability on our part. All Products are subject to availability.
4.4 Please note that the images we use in this site are representations only and should not be taken to be an accurate depiction of any particular product.
5. Placing Your Order
5.1 When you click the "Checkout button", you will be taken through our order process. On the final screen we will show your name, billing address, delivery address, e:mail address, details of your Order and the total price payable by you. You may amend your Order or correct any of the information which you have provided to us by returning to your shopping cart or clicking on the Back button. If you are satisfied that your personal and Order details are correct, click on Confirm. This will take you to the payment section of the site.
5.2 When you click on "Send Order", your order will be sent to us. A message will appear on screen acknowledging this. Payment will be taken as soon as your credit or debit card details have been authorised. We will also send you an e:mail as soon as reasonably practicable after your Order has been sent acknowledging that your order has been received. This acknowledgement does not amount to an acceptance of your Order. You should read this confirmation e:mail carefully.
6. Price Correction
6.1 We will try to ensure that all prices on www.fakebake.com.au are accurate. If any pricing errors come to our attention, by whatever means, we will take reasonable steps to inform you and we will give you the option to reconfirm the Order at the corrected price or cancel it. If we cannot contact you, the Order will be treated as cancelled. If the Order is cancelled, for whatever reason, a full refund will be made.
7.1 Payment can be made by any method specified in the Payment section of www.fakebake.com.au. We take all reasonable precautions to keep your order and payment details secure, but in the absence of negligence on our part, we cannot be held responsible for any losses incurred by you as a result of unauthorised access to the information which you have provided to us. In the event that loss is incurred as a result of our negligence, our liability shall be limited in terms of Clause 11.3.
7.2 You confirm that the credit or debit card which you make payment is held validly in your name. We cannot be held liable for any delays or non-delivery which may occur if credit or debit card provider does not authorise payment. You should also ensure that any information supplied by you is correct before proceeding to payment. We do not accept responsibility or offer refunds if you provide incorrect information.
8.1 Delivery charges are specified at checkout.
8.2 The cost of packing and delivery is shown prior to confirming your Order.
8.3 The risk in the Product shall pass to you on delivery or attempted delivery of the Product.
8.4 We aim to deliver all Australia Post Standard Delivery orders within 5-7 days. Please do not contact us regarding the delivery status of your Order during the first 7 days, except where your order is to be sent via Australia Post Platinum Express Delivery when you should wait 3 days prior to contacting us.
In the unlikely event that your item gets delayed or goes missing in the post, refunds or replacements will only be issued once the package is officially classed as 'lost' by Australia Post. For Standard Delivery this applies if the items remains undelivered 15 working days after posting.
8.5 Reasonable allowance should be make for orders made over the weekend and at public holidays. Please allow up to 30 days for delivery in exceptional circumstances.
8.6 We may send your Order in multiple packages. We will endeavour to advise you of this by e:mail prior to dispatch.
8.7 All orders must be signed for:-
(a) If we attempt delivery one of the above methods and nobody is available to sign for the package, you will be notified that your package is being held for collection.
(b) The notification will contain information on how long the package will be held for.
(c) If you fail to collect the package within the stated time period and the package is returned to us we will consider the order cancelled.
(d) Under these circumstances, prior to making a refund, we will make a charge to cover the post and packing costs of sending the goods to you. An additional postage and packing charge will also be made if you wish the goods to be resent.
8.8 www.fakebake.com.au does not accept responsibility if Australia Post fails to notify you of an attempted delivery.
8.9 Australia Post Platinum Express Delivery is a service of Australia Post only, no guarantee is provided by www.fakebake.net.au in relation to orders sent using this method and no compensation will be payable by www.fakebake.com.au under any circumstances.
8.10 We are unable to arrange for orders to be left in alternative locations (ie in a shed or with a neighbour) or delivered to a PO Box Location.
9.1 You have the right to cancel your order at any time up to 30 days after the day following the delivery of the goods by contacting our Online Team by telephone, e:mail or post.
9.2 Your right to cancel is on the basis that we will be able to re-sell the goods to another customer as new when you return them to us; so please do not use the goods or open any sealed packaging. If you have any questions about the products, please contact the Online Team for more information.
9.3 If the products have already been posted to you, you must return the products to us at the time of cancellation and we will credit your credit or debit card with the price of the products within 30 days beginning with the day on which notice of cancellation was given. You should return products to:-
Fake Bake Australia Pty Ltd
Unit 1B, 4 Hobsons Gate, Currambine, WA 6028
9.4 You must enclose a copy of the original receipt. When returning the goods we recommend that you obtain a proof of posting from the Post Office.
9.5 Please note that depending on the reason for return, we reserve the right to charge for the original postage.
9.6 Refunds to debit/credit cards will be made upon the receipt of the returned item(s), within 10 days.
9.7 If you do not return the goods, you will be deemed to have rescinded your request to cancel and accepted the goods. Therefore no refunds will be applicable.
9.8 Please use the original packaging to return a Product. Where this is not suitable, please use packaging of an equivalent quality. Failure to do so may result in damage to the product which you will be liable for.
9.9 You must notify us of any shortage, damage or defect to the Product within 7 days of delivery or you will have been deemed to accept the Product. If the Product is found to be faulty or defective, then we will offer you either a replacement or a full refund where appropriate.
9.10 Nothing in this section affects your statutory rights.
10. Warranties and Liabilities
10.1 We shall use reasonable endeavours to ensure the Products are of satisfactory quality, comply with the descriptions given and are fit for the purpose for which the Products are reasonably intended. However the Products are provided on an "as is" basis and it is your sole responsibility to ensure that the Products ordered are suitable for their intended purpose.
10.2 Nothing in these conditions excludes or limits our liability for death or personal injury by our negligence or fraudulent misrepresentation.
10.3 Subject to conditions 10.1 and 10.2:-
(a) Our total liability to you or any third party whether in contract, delict (including negligence), misrepresentation or otherwise, arising as a direct consequence of your (or any third party's) use of the Products (including, without limitation, loss of business, costs or expenses) will be limited to the price of your Order and
(b) We shall not be liable for any indirect or consequential loss or damage (including loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with your use of the Products.
11. Contact Details
11.1 We aim to deal with any complaints in a fair and confidential manner. Any complaints or communications should be direct to:-
Managing Director, Fake Bake Australia Pty Ltd
Unit 1B, 4 Hobsons Gate, Currambine WA 6028
12. Chargeback Fraud
12.1 A Chargeback is a process whereby a credit card issuer reverses a transaction on the request of the card holder.
12.2 Where a Chargeback is raised by or on behalf of you in a situation where an order has been delivered, has not been properly cancelled in accordance with our returns policy, is still to be delivered, or is otherwise covered by a clause or terms in these Terms and Conditions then we shall be entitled to recover the full order cost from you by civil means. We further shall be entitled to charge you an administration fee of $50 payable immediately upon demand. Additionally we may notify the police or other legal authorities about the chargeback filing.
12.3 For the avoidance of doubt, the administation fee shall be payable even where an order is "lost in the post" at the time the chargeback process is initiated, as we make provision for how this matter is to be handled in these terms and conditions.
13. Intellectual Property Rights
13.1 The content of www.fakebake.com.au is protected by national and international laws and treaties. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.fakebake.com.au without written permission from us.
13.2 No license is granted to you in these Terms and Conditions to use any trademark or service marks of Fake Bake Australia Pty Ltd, Fake Bake UK Ltd, Tomas LLC or www.fakebake.co.uk or www.fakebake.com.au or its licensors.
14.1 If any provision of these Terms and Conditions are held to be invalid or unenforceable, the other provisions and the remainder of the provision in question shall remain as valid.
14.2 The contract shall be governed by and construed in accordance with the law of the State of Western Australia and the parties hereby agree to submit to the exclusive jurisdiction of the West Australian courts, notwithstanding our right to take proceedings in any other court of competent jurisdiction.
14.3 Failure to enforce any right or obligation under these Terms and Conditions shall not extinguish our rights to enforce the same in the future.
14.4 These Terms and Conditions contain headings and other aspects of formatting for ease of use only. No heading or aspect of formatting should be taken to form part of these Terms and Conditions.