TERMS & CONDITIONS
1. TERMS AND CONDITIONS
stylestory.com.au (“the Site”) is owned and operated by Diego & Co Pty Ltd ACN 152 502 915 on the World Wide Web.
2. APPLICABLE LAW AND JURISDICTION
Your use of the Site is governed in all respects by the laws of the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland in relation to any legal proceeding directly or indirectly arising out or relating to this site (including but not limited to the purchase of Style Story products).
You must be over 18 to register for and use this Site. Style Story may, at any time at our sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.
4. COSMETIC AND PERSONAL CARE PRODUCTS
Style Story may offer cosmetic and personal care products, including, but not limited to skin care products and makeup, for sale through the Site. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products.
5. NO PROFESSIONAL ADVICE; RISK OF USE
All information supplied through the Site or Style Story, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professional before making medical decisions and before making purchasing decisions related to personal care products. You must carefully read and follow all product label information and the recommendations of your health care provider before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.
7. PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
7A. Product Descriptions
Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Style Story does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete.
Your use of this Site is, at all times, entirely at your own risk. Style Story shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither we, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and Style Story expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, we may correct that information without any liability to you or any third party. Style Story does not make any guarantee as to the availability or suitability of products on this Site. Its is your responsibility to determine the suitability of a product or service for you and Style Story expressly excludes all liability in relation to this. Style Story reserves the right to, at its sole discretion, limit the quantity of products purchased by any user through this site at any time and for any reason.
IF YOU PURCHASE A PRODUCT FROM STYLE STORY THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR STYLE STORY CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
Style Story has made every effort to display the colours of products on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, Style Story cannot guarantee that your monitor’s display of any colour will be accurate.
7B. Product Warranties
Unless pursuant to a supplemental warranty offered by Style Story from time to time and subject to the terms and conditions applicable to such warranty as separately advised by Style Story in writing or as posted on the Site from time to time (such warranty being a “Style Story Warranty”), Style Story will have no liability for any failure or malfunction of a product sold on the Site. Requests for technical service and support should be made directly to the manufacturer of a product in accordance with the terms and conditions of any warranty provided by the manufacturer. Information regarding manufacturers’ warranties is generally included in the materials shipped with the products or is available through the Site.
7C. Product Availability
We do not guarantee that all products described on the Site will be available. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate a promotional event at any time without notice.
8. NO RESPONSIBILITY FOR THIRD-PARTY CONTENT; COPYRIGHT
Unless otherwise indicated, Style Story reserves all intellectual property rights, including but not limited to, copyright in material and services provided by the website. The material provided on the website is provided for personal use only and may not be resold, sold, re distributed, reproduced, duplicated, copied, or otherwise exploited except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968 or with the prior written consent of Style Story.
Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by Style Story. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site (“Third-Party Content”) are solely those of the respective authors or distributors, and not of Style Story. Style Story does not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. Style Story make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by an authorised Style Story representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will Style Story be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
Style Story will not assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact us with the following information and signature:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address (including country), telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
Please consult your credit card issuer agreement or the user agreement for the PayPal service for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to PayPal or the credit card issuer, which may result in variations in price.
10. FAILURE TO PAY BY BANK TRANSFER
If a customer selects the payment option to “Pay By Bank Transfer” at the checkout but either fails to pay by bank transfer or the funds fail to clear within two business days from the date of purchase, then STYLE STORY reserves the right to re-list the items on the site and provide a refund to the customer in the event that payment is later made for a particular item.
11. NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES
In the event of a refund to a customer who had previously paid in a currency other than Australian Dollars, and such refund was made through the customer’s credit card or PayPal, then the credit card issuer or PayPal would determine the applicable exchange rate at such time as provided above.
In no event will Style Story be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
12. THIRD PARTY WEBSITES AND APPLICATIONS
Style Story may allow you to log in to portions of the Site using “Facebook Connect,” a Facebook, Inc. (“Facebook”) Application, either as the sole means of logging in or as an alternate means. Style Story may also allow you to use other Facebook Applications and features, such as a “Like” button, so that you may use information from your Facebook account on the Site and share activities and other information related to the Site via Facebook.com. In addition to the terms set forth above with respect to all Applications (and without limiting the generality thereof), by using Facebook Connect and/or other Facebook Applications and features, you permit the Site to access information related to your Facebook account (including your profile information, friends and privacy settings) and you permit Facebook to check your Facebook account cookies when you are visiting the Site and to receive information concerning actions you take on the Site.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY STYLE STORY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND YOUR USE OF ALL PRODUCTS (INCLUDING WITHOUT LIMITATION ALL COSMETIC AND PERSONAL CARE PRODUCTS) INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IS AT YOUR SOLE RISK. STYLE STORY DOES NOT MAKE ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS AND ERSONAL CARE PRODUCTS) OR SERVICES INCLUDED ON, SOLD THROUGH, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STYLE STORY DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY’S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION, OR POLICY. STYLE STORY DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM STYLE STORY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE.
STYLE STORY IS NOT LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING FROM, RELATED TO, OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM STYLE STORY OR ANY THIRD PARTY’S UNAUTHORISED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER STYLE STORY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT STYLE STORY’S AGGREGATE LIABILITY ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS AND PERSONAL CARE PRODUCTS), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
THE DISCLAIMERS REGARDING WARRANTIES AS TO PRODUCTS DO NOT APPLY TO THE EXTENT OF ANY APPLICABLE EXPLICIT WRITTEN “STYLE STORY WARRANTY” (AS DEFINED ABOVE).
WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
If any of these terms or conditions shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms and Conditions.
14.2 Delay in Enforcement
No delay or failure to take action under these Terms and Conditions shall constitute any waiver by Style Story of any provision of these Terms and Conditions.
14.3 Complete Agreement
You agree to defend, indemnify and hold harmless Style Story from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.
14.5 Modification to Terms and Conditions
Style Story reserves the right, at its sole discretion, to change, add or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms and Conditions, which shall apply until Style Story posts a modified Terms and Conditions and then in accordance with such modified Terms and Conditions.
Style Story recognise the importance of your privacy, and that you have a right to control how your personal information is collected and used. We know that providing personal information is an act of trust and we take that seriously. Unless you directly give us consent to do otherwise, we will only collect and use your personal information as set out below. Our Privacy Statement is intended to represent industry best practice and comply fully with the Privacy Act 1988.
You consent to receive communications from Style Story by e-mail. Style Story will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Style Story provides to you in this manner satisfy any legal requirement that such communications be in writing.
What information do we collect?
WE MAY COLLECT THE FOLLOWING INFORMATION FROM YOU:
- your name and contact details
- some personal details
- other information that you will supply to us
WHY DOES STYLE STORY COLLECTS THIS INFORMATION?
Our purpose in collecting information about you is to provide you with a better website experience with content and advertising that is relevant to your interests. In seeking to give you the most worthwhile experience of our website possible, we may notify you of products and special offers that may be of interest to you. We may also provide value-added services and offers. The information we collect through the website helps us better understand the products and services most helpful to you.
WHERE DO WE COLLECT THE INFORMATION FROM?
We collect the following information that you may be unaware of:
- the name of the domain from which you access the internet;
- the date and time you access our site;
- the internet address of the website from which you linked directly to our site.
DOES STYLE STORY SHARE MY INFORMATION WITH THIRD PARTIES?
The Site does not share, sell or trade your personal information gathered online, such as email addresses or postal addresses.
HOW CAN I REVIEW MY CHOICES ABOUT RECEIVING PROMOTIONAL COMMUNICATION?
At Style Story we want to communicate with you only if you want to hear from us. If you prefer not to receive promotional information from us or if you do not want your information used to enhance your shopping experience, please let us know by clicking on the unsubscribe link at the bottom of any of our communications. Any information that we no longer require is destroyed securely. An exception to this may be retention of the information for data analysis. However, if this occurs then the information will be retained in a form that does not allow you to be identified from that information.
HOW CAN I ACCESS MY PERSONAL INFORMATION?
You may review, change or delete personal information related your use of the Site. If you would like to know what information we hold about you please contact us.
16. STYLE STORY RETURN POLICY
Please visit our Refunds and Returns page for the full policy.
17. VOUCHERS, GIFT CARDS AND STORE CREDIT
17.1 You may use vouchers/promo codes or gift cards as payment for certain products on the Site. Vouchers are available electronically. Promo codes are available onsite or through marketing partners. Only one voucher or promo code can be used per Order (unless otherwise specified), but multiple gift cards can be used per Order. We may email vouchers and electronic gift cards to you or to your selected recipient. We accept no liability for errors in the email address provided to us. You are responsible for the use and safety of your vouchers and gift cards – you should treat them like cash. We assume no liability for the loss, theft or illegibility of vouchers or gift cards, including if gift cards used without permission, if your email is hacked or subject to unauthorised used. We monitor the issuance and redemption of vouchers or gift cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of vouchers or gift cards, we may close or block access to your account and/or require a different means of payment. We may block gift cards if notified by law enforcement that a gift cards have been fraudulently obtained.
17.2 Conditions for the redemption of vouchers/promo codes include:
(a) From time to time we may release vouchers/promo codes that may be used on the Site. Vouchers/promo codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special Terms stated on them – such as a minimum spend requirements, validity periods and brand, product or sale exclusions. Only one voucher/promo code can be used per Order (unless otherwise specified), and some vouchers/promo codes may only be used once per voucher/promo code. Vouchers/promo codes cannot be used in addition to another voucher/promotion code.
(b) Certain products may be excluded from voucher/promo code promotions, and unless specifically stated are not applicable to shipping costs.
(c) Vouchers/promo codes cannot be redeemed for cash or to buy gift cards. If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you. If the credit of a voucher/promo code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher or attempting to rely on any other offer).
(d) We will apply vouchers/promo codes on a pro-rata basis to voucher-eligible items in order to determine the final price you pay for those items. Where you return an item purchased with a Voucher/promo codes, we will only refund the final price you paid for that item.
(e) We actively monitor misuse of vouchers/promo codes and reserve the right to deactivate vouchers/promo codes or block any person that is not using a voucher in accordance with its Terms.
17.3 Conditions for the redemption of gift cards include:
(a) You may purchase gift cards for use on the Site by you or other customers. Gift Cards can be redeemed at the checkout or added to your Account. Once redeemed, gift cards cannot be transferred. Gift cards can only be redeemed on the Site in accordance with the special terms stated on them.
(b) Gift card purchases may be subject to security checks from time to time, resulting in a longer than usual processing times. These checks may regretfully affect delivery timeframes, but are necessary in order to ensure the security of our gift card program.
(c) Gift cards are valid for 36 months from purchase date. Any unredeemed balance that remains on the Gift Card after the 36 months will be voided and will not be available for use.
(d) The credit of a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time. Gift cards cannot be used to buy further gift cards. To use a gift card, please follow the gift card instructions for use.
(e) If you place an Order less than the value of the gift card, the residual credit will be stored to your Account and can be used for future purchases, but the residual credit cannot be redeemed for cash. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one voucher per Order.
17.4 Conditions for using store credit include:
(a) Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other accounts.
(b) Store credit is valid for 12 months. Any balance that remains after the 12 months will be voided and will not be available for use.
(c) Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further items with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those items – you will not be able to refund or return those further items for cash.
17.5 If you cancel or return items purchased using a gift card or store credit:
(a) the refund value of an item is the final price you paid for that item; and
(b) you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using gift cards or store credits. For example, where total Order price is paid:
(i) entirely by gift cards or store credits – refunds are offered as store credit only;
(ii) entirely by ‘cash’ – refunds offered as 110% store credit or ‘cash’ (at your election); or
(iii) 20% gift cards or store credits and 80% ‘cash’ – refunds offered as store credit for a minimum of 20% of the refund value, with the remaining 80% of the refund value offered as 110% store credit or ‘cash’(at your election).
17.6 If you cancel or return only certain items purchased in bundle deals or multi-buy promotions, any items you don’t return will be charged at full price, and the refund amount will be reduced accordingly.