Terms and Conditions

COMPLETE HAIR & BEAUTY WAREHOUSE

TERMS & CONDITIONS OF SALE

These Terms and Conditions apply to purchases made from Complete Hair & Beauty Warehouse ("CHBW", "we", "us" or "our"), including purchases made through our website, by telephone, email, quotation, invoice or in store.

By placing an order with CHBW, you acknowledge that you have read, understood and agreed to these Terms and Conditions.

1. Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies available to you under the Australian Consumer Law ("ACL") or any other applicable law that cannot lawfully be excluded, restricted or modified.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Any CHBW warranty, manufacturer's warranty, return policy or other benefit provided by us is in addition to your rights under the Australian Consumer Law.

ORDERS & PRODUCTS

2. Professional & Trade Products

Certain products sold by CHBW, including professional peroxide, bleach, permanent hair colour, hair dyes, waxing products and other professional-use products, are intended for use by appropriately trained or qualified salon and beauty professionals.

Customers are responsible for ensuring that professional products are selected, handled and used appropriately and in accordance with the manufacturer's instructions, warnings and guidelines.

CHBW is not responsible for adverse results arising from incorrect selection, application or misuse of a product where the product itself is not faulty or defective.

Nothing in this section excludes or limits any rights available under the Australian Consumer Law.

3. Product Information & Images

We make reasonable efforts to ensure product descriptions, specifications, photographs and other information displayed on our website are accurate.

Product packaging, colour, appearance, specifications and design may occasionally change without notice as manufacturers update their products.

Images displayed on our website are provided for illustrative purposes. Actual colours may vary slightly due to lighting, photography, manufacturing variations and individual screen or device settings.

Where a particular colour, specification, measurement or feature is important to your purchase, we recommend confirming this with CHBW before placing your order.

Nothing in this section excludes your rights where goods do not correspond with their description, sample or other applicable consumer guarantee under the Australian Consumer Law.

4. Pricing

All prices are displayed in Australian dollars unless otherwise stated.

CHBW reserves the right to change prices for products or services at any time before an order is accepted.

Prices displayed online may differ from prices offered in store, through quotations, promotions or other sales channels.

We take reasonable care to ensure pricing is accurate. Where a genuine pricing, typographical or system error occurs, we reserve the right to correct the error.

If an affected order has already been placed, we will contact you and, where appropriate, provide you with the option to proceed at the correct price or cancel the affected item or order for a refund.

Nothing in this section limits any rights you may have under applicable law.

5. Stock Availability

CHBW makes reasonable efforts to maintain accurate stock availability.

Stock levels may change without notice due to customer demand, stock allocation, supplier availability or inventory discrepancies.

If an ordered product becomes unavailable, we will contact you as soon as reasonably practicable to discuss available options.

6. Account Registration

Customers who create an online account are responsible for maintaining the confidentiality and security of their account credentials and password.

You are responsible for activity occurring through your account where that activity has resulted from your failure to keep your login information secure.

Please notify CHBW promptly if you believe your account has been accessed without authorisation.

CANCELLATIONS, RETURNS & REFUNDS

7. Change-of-Mind Returns

CHBW is not required to provide a refund, exchange or credit where you simply:

change your mind;

no longer require the goods;

find the goods cheaper elsewhere; or

decide that you have no use for the goods.

At our discretion, CHBW may approve a change-of-mind return provided that:

you obtain written approval from CHBW before returning the goods;

the goods are unused and unopened;

the goods remain in their original condition and packaging;

all seals, labels, accessories, manuals and components remain intact; and

the goods are in a condition suitable for resale.

Approved change-of-mind returns may be subject to a handling or restocking fee of up to 15% of the purchase price.

Unless otherwise agreed by CHBW, the customer is responsible for the cost and risk of returning goods accepted as a change-of-mind return.

Original delivery, postage and freight charges are not refundable for an approved change-of-mind return.

Goods returned without prior approval may not be accepted.

These conditions apply only to change-of-mind returns and do not limit your rights under the Australian Consumer Law in relation to faulty, defective, damaged, incorrectly supplied or otherwise non-compliant goods.

8. Hygiene & Professional Hair and Beauty Products

For health, hygiene and safety reasons, CHBW does not accept change-of-mind returns of opened or used hair, beauty, cosmetic, skincare, waxing, chemical, personal-care or other hygiene-sensitive products where seals have been broken or the product has been opened or used.

This restriction applies only to change-of-mind returns.

It does not affect any rights you may have under the Australian Consumer Law where goods are faulty, defective, incorrectly supplied or otherwise fail to meet an applicable consumer guarantee.

9. Order Cancellations – Non-Customised Goods

Requests to cancel an order must be made to CHBW as soon as possible.

A non-customised order may be cancelled within 3 days of the order being placed without a cancellation fee, provided:

the goods have not been dispatched; and

CHBW has not incurred non-recoverable costs specifically associated with the order.

Cancellation of a non-customised order more than 3 days after the order was placed may incur a cancellation fee of up to 15% of the value of the goods being cancelled.

The applicable cancellation fee will reflect the reasonable costs and losses incurred by CHBW as a result of the cancellation, including, where applicable:

administration and order-processing costs;

handling costs;

storage costs;

allocation or reservation of stock; and

other reasonable costs or losses directly associated with the cancelled order.

Where goods have been specifically allocated, reserved or held for the customer, any amount already paid may be applied toward the applicable cancellation fee.

Any remaining amount due to the customer after application of the applicable cancellation fee will be refunded using the original payment method where reasonably practicable.

Once an order has been dispatched, it can no longer be treated as an order cancellation. Any request to return the goods will instead be considered under our Change-of-Mind Returns Policy or your rights under the Australian Consumer Law, as applicable.

10. Custom, Special-Order & Made-to-Order Goods

Goods that are:

customised;

specially manufactured;

made to order;

specially imported;

ordered specifically for a customer;

ordered in a non-standard colour;

ordered in a non-standard upholstery;

ordered in a non-standard finish; or

ordered in a non-standard specification or configuration

are considered Customised Orders for the purposes of these Terms and Conditions.

Payment

Customised Orders must be paid in full.

Where CHBW agrees to accept a deposit or part payment when the order is placed, the customer remains responsible for payment of the full order value in accordance with the agreed payment terms.

Cancellation

Once manufacture, customisation, procurement or ordering from the manufacturer or supplier has commenced, a Customised Order cannot be cancelled, returned or refunded due to change of mind.

The customer remains responsible for payment of the full outstanding balance of the Customised Order in accordance with the agreed payment terms.

Any deposit or part payment already received will be applied toward the total amount payable.

Cancellation, refusal to accept delivery or a change in the customer's circumstances does not, by itself, release the customer from their obligation to pay the outstanding balance of a Customised Order.

Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law, including where goods are faulty, defective, incorrectly supplied or otherwise fail to meet an applicable consumer guarantee.

11. Condition & Packaging of Change-of-Mind Returns

It is the customer's responsibility to adequately package goods approved for a change-of-mind return so that they arrive safely and in their original condition.

Change-of-mind goods returned damaged, used, opened, incomplete, leaking, missing packaging or otherwise not in a resaleable condition may be refused or, where permitted by law, the amount of any discretionary refund or credit may be reduced to reflect the reduction in value.

This section does not apply so as to limit any rights or remedies available under the Australian Consumer Law.

DELIVERY, DAMAGE & RISK

12. Delivery

Delivery times provided by CHBW are estimates unless we have expressly agreed otherwise.

We will make reasonable efforts to dispatch and deliver orders within the estimated timeframe, but delivery times may be affected by circumstances outside our reasonable control, including courier delays, transport disruptions, supplier delays and other unforeseen events.

Nothing in this section limits any rights you may have under the Australian Consumer Law.

13. Inspection of Delivered Goods & Transit Damage

Customers should inspect goods as soon as reasonably practicable after delivery.

If goods appear to have been damaged during transport, please notify CHBW as soon as possible and provide:

your order or invoice number;

photographs of the packaging;

photographs showing the damage to the goods; and

any other information reasonably required to assess the claim.

We recommend retaining all original packaging until the claim has been assessed.

Notification within 5 days of delivery assists CHBW in making a timely claim against the carrier. However, this notification period does not limit or exclude any rights or remedies that may be available under the Australian Consumer Law.

Where the Australian Consumer Law applies and goods arrive damaged or otherwise fail to meet a consumer guarantee, CHBW will deal with the matter in accordance with its obligations under the ACL.

14. Risk & Title

Ownership of goods does not pass merely because goods have been handed to a courier.

Where goods have been paid for in full, title will pass to the customer in accordance with applicable law and these Terms and Conditions.

Where goods have not been paid for in full, CHBW retains title to those goods as set out in the Retention of Title section below.

Risk in goods will pass to the customer at the time permitted by applicable law and having regard to the delivery arrangements agreed for the particular order.

Nothing in this section excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.

WARRANTY & FAULTY GOODS

15. CHBW Voluntary Warranty

Unless a different written warranty period is expressly stated for a particular product, CHBW provides a 12-month voluntary warranty against defects from the date of purchase.

Subject to the terms of this voluntary warranty, where a product is proven to have a defect in materials or workmanship during the applicable warranty period, CHBW may repair or replace the defective product or component as appropriate.

This voluntary warranty is provided in addition to, and does not replace, limit or exclude, any rights or remedies available under the Australian Consumer Law.

Your rights under the Australian Consumer Law may continue beyond the expiry of this voluntary warranty.

16. Making a Warranty Claim

To make a claim under the CHBW voluntary warranty, please contact CHBW and provide:

proof of purchase;

your order or invoice number where available;

a description of the issue;

photographs or video where reasonably requested; and

any other information reasonably required to assess the claim.

CHBW may require the product to be inspected or tested before determining whether the claim is covered by the voluntary warranty.

Where appropriate, CHBW may arrange troubleshooting before requiring the product to be returned.

The costs associated with a claim under the voluntary warranty will be handled in accordance with the terms of that warranty and applicable law.

Nothing in this section requires a customer to bear costs where doing so would be inconsistent with their rights under the Australian Consumer Law.

17. Voluntary Warranty Exclusions

The CHBW voluntary warranty does not cover damage or failure caused by:

misuse, abuse or neglect;

accidental damage;

incorrect installation or assembly;

installation contrary to the manufacturer's instructions;

unauthorised modification or repair;

failure to follow operating, maintenance or care instructions;

use of inappropriate cleaning products or chemicals;

normal wear and tear;

damage caused by external factors outside the product itself; or

use of the product for a purpose for which it was not designed.

These exclusions apply to CHBW's voluntary warranty only.

They do not exclude any rights or remedies that may separately exist under the Australian Consumer Law.

18. Australian Consumer Guarantees

CHBW's voluntary warranty and any manufacturer's warranty operate in addition to the consumer guarantees provided by the Australian Consumer Law.

A manufacturer's or CHBW warranty expiring does not necessarily mean that your rights under the Australian Consumer Law have expired.

Where goods fail to meet an applicable consumer guarantee, the remedy available will depend on the circumstances and whether the failure is major or minor as determined under the Australian Consumer Law.

CHBW may be entitled to inspect or assess goods before determining the appropriate remedy.

COLOUR & FINISH

19. Colour Variations

CHBW makes reasonable efforts to display product colours and finishes accurately.

Actual colours may vary slightly because of:

individual monitor, screen or device settings;

photography and lighting;

lighting at the installation location;

natural differences between production batches;

variations in materials and finishes; and

manufacturer updates or changes.

Minor variations that do not constitute a fault or failure to comply with an applicable consumer guarantee are not considered product defects.

Where an exact colour or finish is important, customers should request a physical sample or confirm the required finish with CHBW before ordering where samples are available.

WEBSITE USE

20. Website Licence & Intellectual Property

Unless otherwise stated, content displayed on the CHBW website, including text, graphics, photographs, product images, logos and other material, is owned by or licensed to CHBW and is protected by applicable intellectual property laws.

CHBW grants customers a limited, non-exclusive right to access and use the website for legitimate personal or business purchasing purposes.

Without CHBW's prior written consent, you must not reproduce, commercially exploit, modify, distribute or republish CHBW website content except where permitted by law.

Unauthorised use may result in termination of permission to access or use the relevant content and may infringe CHBW's or a third party's intellectual property rights.

OWNERSHIP & PAYMENT

21. Retention of Title

Until CHBW has received payment in full for goods supplied to the customer, legal and equitable title to those goods remains with CHBW to the extent permitted by law.

Until payment in full has been received, the customer must:

keep the goods safe and protected from loss, deterioration or damage;

where reasonably practicable, identify the goods as goods supplied by CHBW;

not grant any security interest or otherwise deal with the goods in a manner inconsistent with CHBW's ownership; and

maintain reasonable records identifying the location of the goods.

Where the customer acquires goods for resale in the ordinary course of business, the customer may resell those goods before payment in full, subject to applicable law and any separately agreed trading terms.

To the extent permitted by law, where payment remains outstanding and CHBW is legally entitled to recover goods in which it retains title, the customer agrees to provide reasonable access to enable CHBW or its authorised representative to recover those goods.

CHBW will exercise any recovery rights only to the extent permitted by applicable law.

22. Costs of Recovery

Where an amount properly owing to CHBW remains unpaid after it becomes due, the customer may be responsible, to the extent permitted by law, for reasonable costs actually incurred by CHBW in recovering that overdue amount.

Such costs may include reasonable debt recovery, repossession, process server and legal costs where those costs are lawfully recoverable.

Nothing in this section permits CHBW to recover costs that it is not legally entitled to recover.

GENERAL

23. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary or, where this is not possible, severed from these Terms and Conditions.

The remaining provisions will continue to apply.

24. Changes to These Terms

CHBW may update these Terms and Conditions from time to time.

The Terms and Conditions applicable to an order are generally those in effect when the order is placed, unless a change is required by law or otherwise lawfully agreed between CHBW and the customer.

Changes to these Terms and Conditions will not retrospectively impose new cancellation fees, charges or obligations on orders already entered into unless permitted by law and agreed where required.

25. Contact Details

For questions regarding an order, return, cancellation or warranty claim, please contact:

Complete Hair & Beauty Warehouse
89 Percival Road
Smithfield NSW 2164
Australia

Customers should use the current telephone number and email address displayed on the Complete Hair & Beauty Warehouse website.