Website General Terms & Conditions
Terms & Conditions of Use of the Site
1. General Terms and Conditions
1.1 Thank you for choosing Iridis Cosmetics and welcome to our online website (“Site”). Iridis Cosmetics Pty Ltd (“Iridis” or “Iridis Cosmetics” or “we”, “our” or “us”) is a supplier of high quality makeup products and accessories, and teaches women how to apply makeup. The term “you”, “your” and “client” or “customer” refers to the user or viewer of this Site. Using this Site includes placing an order for products.
1.3 Please read our Terms and Conditions, as access and use of the Site provides us with acknowledgement that you have read, understood, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If there is anything that you do not understand, please contact us for an explanation.
2. Requirements of Use of this Site and Purchases
2.1 Iridis requires certain information from you to process your online purchase. If you wish to make a purchase on this Site, you are required to provide us with your personal details. This means:
- Your real name;
- Postal address;
- Phone number;
- Email address; and
- Any other requested information.
2.2 You will be required to provide your payment details at the time of purchase, as credit will not be provided by Iridis. Online orders can only be paid by Visa, Mastercard and Bankcard via Paypal. By providing us with your payment information, you warrant that all details you enter into the Site are valid and correct and you also confirm that you are the person referred to in the Billing Information provided. We may require that all purchases be made by persons over 18 years of age.
2.4 To make purchases online, you will need to have a valid email address and set up a username and password to login to your account. The confidentiality of your account, username and password is your responsibility, and you must keep them secure at all times. You also must keep your information current, complete, accurate and truthful. You agree to accept responsibility for all activities on this Site that relate to your account, username and password. If you are accessing and using the Site on behalf of another person, you represent that you have the authority to bind that person as the principal to all Terms and Conditions relating to usage of this Site, and if you do not have such authority, you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
2.5 If any of this Site’s Terms and Conditions are violated, we reserve the right to refuse the purchasing and/or terminate an account immediately and we may not provide you notice of it, or if it is in our best interests to do so.
3. Pricing & Payments
3.1 Iridis prices are in Australian Dollars (AUD), and include GST. Prices of products and services may change at any time, and the change is effective immediately upon uploading to the Site, or via some other notification to you. Changes to prices may occur without prior notice to you. You may be eligible for a discount or other promotional reduction to the prices advertised, and it is your responsibility to ensure that you indicate that to Iridis at the time of purchase.
4. How to Order
4.1 After selecting all the Iridis products you wish to purchase, and you complete the checkout of your cart, and place your order, you will receive an email from us, acknowledging receipt of your order. This is not an acceptance of your order, it is only confirmation that it has been received by us. Please check your order carefully as we do not offer refunds if you change your mind, or enter incorrect information.
4.2 We will email you and confirm acceptance of your order, advise if there are any products you have requested which are out of stock or unavailable, and confirm that your payment has been accepted. Unless you cancel your order before we email you that confirmation of acceptance of your order, we consider that your order is a valid contract between you and Iridis Cosmetics. The Sale Contract is deemed to have been made in Victoria, Australia. Upon confirmation of acceptance of your order, we will pack your order and ship it accordingly to our standard shipping procedures, refer to paragraph 6 below, for more information about shipping and delivery.
4.3 We reserve the right to refuse your order if we are unable to obtain authorization for your payment, if any of the items are out of stock, or if the order does not meet the required eligibility criteria outlined elsewhere on this site, in relation to Hostess Bonuses or other special offers, or for any other reasonable reason. Iridis Cosmetics may refuse to process your order, or refuse to provide makeup services to anyone, at any time, at our sole discretion. For stock management purposes, we also reserve the right to restrict multiple quantities of any one item, or restrict the number of items being shipped to any one customer or postal address.
5. Changing or Cancelling your Order
5.1 Once you have confirmed your order online, the only way you can change or cancel it (before it ships), is to contact us. If the products have already been shipped or processed for shipping, you may not be able to cancel your order. If this occurs, you will need to complete the returns process once you have received your order.
6. Out of Stock & Backorders
6.1 Whilst Iridis Cosmetics makes all reasonable endeavours to have the stock advertised on hand at all times, delivery times of our manufacturers may vary and the products you have requested may not be in stock at the time of your order.
6.2 To make life easier for you, we will accept backorders for products that are out of stock at the date of order, and full payment will be required at the time of purchase. As soon as the products are back in stock, we will send them to you immediately, at our cost. Backorders may take between 2 and 6 weeks to be filled, depending on stock availability and the time of year.
7. Suspicious Orders or Excessive Ordering
7.1 Iridis Cosmetics reserves the right to cancel or limit any orders which appear to be suspicious or excessive, without prior notice. If we cancel your order, you will be refunded for all products ordered.
8. Iridis Consultant and Website Sales
8.1 It is the responsibility of the Iridis Consultant and you to ensure that the relevant Iridis Consultant is credited with any purchases you make via the website.
9. Gift vouchers and Store Credit
9.1 Gift vouchers are valid for 12 months from the date of issuing, and it is the responsibility of the buyer/receiver of the voucher to ensure it is used within the time specified on the voucher. Gift vouchers are not redeemable for cash, only Iridis products and services, as indicated on the voucher.
9.2 Any store credit you may accrue is valid for 12 months from the date of accrual.
10. Shipping and Delivery
10.1 Iridis Cosmetics ships via Australia Post, and has a flat rate for postage, anywhere in Australia. Our parcels are sent via Australia Post’s “tracked and registered” postage, or by express post only. Orders can then be tracked via the Australian Post website.
10.2 Postage costs are as follows:
- All orders under $120: Flat rate of $11.00 tracked and registered postage (requires a signature for collection)
- All orders over $120: free tracked, registered and insured postage
- Express Postage under 500g (which you must specify in the notes section of your order)- $14.00
- Express Postage over 500g (which you must specify in the notes section of your order) – $18.00
10.3 Orders are received, processed, packed and registered for delivery on Mondays to Fridays. No orders will be processed or shipped on weekends or Victorian Public Holidays.
10.4 Please allow up to 10 days for receipt of your order. Subject to stock availability, your order will be processed and shipped within 2-3 days of the date we send your confirmation of order email. Iridis Cosmetics will not be held responsible for incorrect addresses which result in lost mail.
10.5 Upon posting of your order, it is at your own risk, and Iridis Cosmetics does not take responsibility for lost or incorrect deliveries, unless we are at fault. Iridis cannot be held responsible for delays outside our control relating to shipping and delivery, for example, weather delays, holiday/seasonal delays, customs issues, industrial action, acts of God etc. Iridis will make all best efforts to ensure your products arrive to you within a reasonable time.
11. Returns Policy & Procedures
11.1 Iridis Cosmetics has extremely high standards of customer service and our primary goal is to make sure you are a happy customer. We want you to love our products as much as we do!
11.2 We don’t provide refunds for your change of mind or an incorrect colour selection, (which is due to hygiene reasons).
11.3 We will refund your purchase, or replace your products, in the following circumstances:
- if the products are defective, or not fit for purpose; or
- if the products are damaged during transit or faulty; or
- where we have selected the incorrect products you ordered; or
- we have failed to provide you with an ordered product (products that were incorrectly shipped to you remain the property of Iridis Cosmetics).
11.4 Iridis Cosmetics reserves the right to inspect defective, faulty or damaged products (and resolve the claims at our absolute discretion).
11.5 You must return the product to Iridis Cosmetics, in the condition you received it, and depending upon your request, Iridis will either replace the product/s or refund you the cost of the original items, but not the cost of the original postage.
11.6 You will be required to pay the return postage on returned items. If Iridis deems that the products are, in fact, defective, faulty or damaged, Iridis will pay the cost of the return postage, which will be refunded to your original payment method – credit card or PayPal account. Please note that the original cost of your postage will not be refunded.
11.7 If the items you ordered were not correct, or you were missing a product, please contact us in writing immediately via our contact page, or via your Iridis Cosmetics Consultant, and provide full details of the missing item/s, and we will rectify the issue within 7 days.
11.8 We require that your returns order be sent by a tracked delivery service (ordinary Parcel Post via Australia Post is now automatically tracked by Australia Post), as we cannot accept liability for returned goods lost in transit. Iridis Cosmetics will not be liable for any parcels lost in transit. If you return your goods to your Iridis Cosmetics Consultant, please ensure you obtain an email confirmation of the products you submitted as returns. If the value of the products you are returning are over $150.00, then you must send this parcel by Registered Mail, via Australia Post.
11.9 Please note, due to hygiene reasons, we cannot accept returned goods that have been opened or used in any way, or that we reasonably believe have been used. If this were to occur, Iridis Cosmetics will notify you that no refund will be available and you will be responsible for arranging for the goods to be returned to you within 7 days of that notification from us – at your cost.
11.10 If you cancel or return your order, and that order was used to enable the Hostess of the Iridis Cosmetics Makeup Party to be eligible to receive bonuses or other party incentives, the Hostess may no longer be eligible to receive those bonuses or incentives, at the total discretion of Iridis Cosmetics Pty Ltd.
11.11 The Returns Process is as follows, and must be adhered to, to process the return of your order:
Step 1 – You will need to complete the Returns Form (available for download from our website), and specify the goods to be returned, the reason for the return, (eg: incorrect order, damaged or defective product) and the action you’d like Iridis to take indicating whether you require a refund, exchange or replacement.
Step 2 – You will need to ensure your return parcel is properly sealed and packed to avoid damage, and take to an Australia Post outlet to be returned to Iridis Cosmetics.
Returns must be sent registered mail to:
PO Box 3100
Newport West, VICTORIA, 3015
Please ensure you retain a recorded delivery receipt from Australia Post to establish that you have returned the goods (ie – registered post), as we do not accept liability for returned goods lost in transit, or sent to an incorrect address.) We may require you to provide proof of postage. Alternatively, you can return the goods to your Iridis Cosmetics Consultant, and ensure you receive a receipt of returns made via this method.
Step 3 – If you are entitled to a refund, we will process it within 7 days of your request, provided you have retuned the goods to us in their original and unused condition.
12. Your use of products and services
12.1 All ingredients in our products are listed on the Ingredients Page on the website. It is your responsibility to ensure that the products you wish to buy do not contain any known allergen or reactants to your skin, and Iridis Cosmetics expressly disclaims all responsibility if you do react to a product, and we have notified you of the ingredients before application. If you have sensitive skin, please conduct a patch test first.
12.2 It is also your sole responsibility to assess and determine whether Iridis Cosmetics products are suitable for your personal use. We will not be liable for any damages or ailments arising from the use our products.
12.3 A condition of purchase from Iridis Cosmetics is that you agree to use the products or service for any purpose for which they would ordinarily be used. If you use the products or services for any other purpose, you will assume full responsibility for any loss or damage arising out of this use.
13. Accuracy of our Information
13.1 Iridis Cosmetics has high standards when it comes to the information we provide you. We use our best endeavors to ensure that all information on this Site is up to date, correct and accurate, as much as possible at the time of publishing. Please bring any errors to our attention for early correction.
13.2 We reserve the right to amend our products at any time, for any reason, and to withdraw products from sale.
13.3 At times, the makeup used on this site, or colour swatches or products, or colours of products on models or clients, may appear differently to their actual colours, due to the resolution of your monitor, computer or device, or due to lighting variations. All colours are provided as a guide only. Accordingly, to the extent permitted by applicable law, we do not warrant that the product, swatch or service descriptions, prices, colours, information or other content available on this Site are accurate, complete, reliable, current or error-free. If in doubt, it is best to book an appointment or Makeup Party with an Iridis Makeup Artist Consultant, to view, and try, the colours in person.
14. Changes or Modifications to this Site
14.1 Iridis Cosmetics has a commitment to ongoing improvement, and accordingly, we may change, modify, alter or discontinue this Site, our Terms and Conditions, prices, bonuses, offers, deals or policies in any way, and without notice to you. Any changes made will become effective as soon as they are posted on this Site. If you continue to use the Site after these changes are posted, this constitutes acceptance and agreement to the changed Terms and Conditions.
14.2 It is your responsibility to read these Terms and Conditions each time you place an order online, and if you do not agree to the change, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law. We may withdraw it from use altogether or from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions.
15. Limited License to use the Site
15.1 Iridis Cosmetics grants you a limited, revocable and non-exclusive license to access and make use of the Site. This limited license excludes the right to:
(a) frame or utilize framing techniques to enclose the Site or any portion of the Site;
(b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Site Content (except caching or as necessary to view the Site);
(c) make any use of the Site or any and/or all Site Content other than personal use;
(d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;
(e) collect account information for the benefit of yourself or another party;
(f) use any meta tags or any other hidden text utilizing any and/or all Site Content;
(g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
(h) download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.
15.2 You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. All powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.
15.3 Any unauthorized use by you of the Site or any and/or all of our Site Content, automatically terminates the limited licenses granted here without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
16. Use of Information
16.1 Iridis loves hearing from its customers and clients and values your contribution to the Iridis community. However, if you upload or otherwise provide information or content (“User Content”) while accessing or using the Site, or social media forums, such as, but not limited to, Facebook, Twitter, Instagram, Linkedin, Blogs or others, you agree that such User Content will be available to use in any manner we think fit, subject to any legislation, including privacy legislation.
16.2 You agree that you will not upload or provide User Content which is:
(a) defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
(b) infringes the intellectual or other proprietary interests of third parties;
(c) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
(d) violates any law, statute or regulation;
(e) forges information to disguise the origin of any User Content; or
(f) encourages or incites any other person to engage in any of the above behaviour.
16.3 You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the intellectual property you have in any User Content, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in our favour.
17. No Commercial Use
17.1 Subject to any express written permission granted to Iridis Makeup Artist Consultants, or prospective Consultants, this Site is for your personal, non-commercial use only. You may not copy, commercially exploit, display, distribute, modify, perform, publish, transmit, reproduce, license, create derivative works from, transfer, or sell any Site Content, software, products or services, including images, contained within this Site. You may not use this Site, or any of the Site Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or otherwise. Unauthorized use of this Site may give rise to a claim for damages and/or be criminal offence.
18. Third Party Sites
18.1 Iridis loves to network, and as such, Iridis may include hyperlinks on this Site to other websites or resources operated by business associates or others within our networks, which are provided for convenience only. We take no responsibility for content or accuracy of any off-site pages linked to, or from, this Site, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, competitions, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites. Your linking to, or from, these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
19.1 Your use of this Site is not intended to create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us by these Terms and Conditions.
20. Intellectual Property Rights
20.1 Without limitation, the following is owned by, and the property of, Iridis Cosmetics and/or our affiliates, business partners, partners or licensors: all content, graphics, information, image rights, photographs, sounds, music, video, audio or text on this Site and all intellectual property rights contained therein, including without limitation, trademarks, designs, graphics, logos, photos, button icons, data compilations and software, and the compilation and organisation thereof (collectively the “Site Content”). These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trademarks, and will be vigorously pursued, if required.
20.2 Our logos, marks, phrases, some names of products and other content are trademarked, and accordingly, have full protection under the law. Any breaches will not be tolerated.
20.3 Your use of the Site Content does not grant you any rights in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Site Content or any portion of the Site. This includes software or any HTML and other code contained in this Site.
20.4 You may use the Site Content only as expressly authorised by Iridis Cosmetics, our third party licensors and subject to the Copyright Act 1968 (Cth) and other related legislation. Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting of the above listed Site Content, or any other Site Content, in whole or in part, for any purpose without our express consent is prohibited.
20.5 Without limitation, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you may make one copy for the purposes of viewing Site Content for your own personal use.
20.6 We make no recommendations as to the use of any information or Site Content on this Site, which may infringe the intellectual property rights of us or any third parties. We make no representations or warranties that use of the information or Site Content on this Site will not infringe such intellectual property rights.
21. Representations and Warranties
21.1 The advice and information contained within this Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While we make every effort to ensure that the information contained within this Site is accurate, Iridis Cosmetics takes no responsibility for any loss or damage arising from its use.
21.2 We do not promise that the Site Content is error-free. We do not promise that the functional aspects of the Site or Site Content will be error free or that this Site, the Site Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking, firewall and internet security software installed.
21.3 The Site is presented “as is” and we make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not able to be excluded at law.
21.4 Certain legislation, including the Trade Practices Act 1974 and/or the Australian Consumer Law (Cth), may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions is limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired. Please refer to our Returns Policy for more information.
22. Limitation of liability
22.1 You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:
(a) interruption of business;
(b) access delays or access interruptions to the Site;
(c) data non-delivery, failure to deliver, corruption, destruction or other modification;
(d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites;
(e) any inaccuracies or omissions in Site Content, or
(f) events beyond our reasonable control.
22.2 Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
23.1 You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
(a) your breach or non-observance of any term of these Terms and Conditions;
(b) any breach or inaccuracy in any of your representations or warranties; or
(c) your use of the Site.
24. Breach and termination
24.1 If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend, or permanently prevent, your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.
25. Force Majeure
25.1 We are not responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
26. Applicable Law
26.1 This Site is created and controlled by Iridis Cosmetics, in the State of Victoria, Australia. As such, the laws of the Commonwealth of Australia and, where applicable, the State of Victoria, govern these Terms and Conditions. By using this Site you submit to the jurisdiction of the courts of Victoria and Australia and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legally binding contracts under applicable law.