TERMS & CONDITIONS

This website is operated by Esmio Australia (ABN 22 408 498 481).

Women's Day Competition 2023

The competition is for a $500 Esmio gift voucher and the opportunity to create an Esmio colour and name of their own that Esmio will release to sell to the public.
The competition opens Wednesday 8 March and closes Friday 31 March.
To enter the competition, participants will need to take a nail selfie and upload it onto their own instagram and caption it with and fill in the blanks- ' If I could create my own esmio nail shade it would be called _______ ______ and it would be the colour ________. #esmionailfie ' Participants must set their instagrams to public so we can see their entries and tag @esmio_australia.
The winner will be selected based on the creativity of their nail selfie and creativity of their esmio shade creation.  
This is a worldwide competition, anyone from any Country can enter.
The $500 gift voucher can be used for any products available on the Esmio online store.
The cost of shipping within Australia is covered by the gift voucher.
Outside of Australia, shipping will need to be added to the purchase price and is not covered by the voucher.
Esmio will do its best to make the winning colour into a gel polish- if a pantone colour is provided by the winner, this can be matched with more accuracy.
Esmio provides final veto over any colour and name.
Esmio retains the right to use any photos posted as part of this competition however we see fit
Esmio obtains all rights over the colour and name, the winner does NOT retain any rights over the colour and name in the future, this includes if the colour is brought back in future releases.
The winner will be announced via IG and contacted via Direct Message and email.
The voucher will be emailed to the winner as a code that they can use to purchase products of esmioaustralia.com
This competition is in no way sponsored, endorsed or administered with Instagram.

WHOLESALE TERMS & CONDITIONS

Wholesale customers need to complete the application form.

The application form needs to have a valid ABN for a beauty related business.
The applicant needs to be approved by Esmio Australia before being able to order Once approved, the applicant will be eligible to a 30% discount off all Esmio Australia products - this will show up automatically on the website once the application logs into their account.
The discount cannot be applied onto of other discount offers for retail customer. All orders are to be done via the Esmio Australia website and paid before dispatch. All orders need to be over AUD200 (post discount) and will incur standard shipping charges.
Returns for wholesale order are as per returns for retails sales.

GENERAL TERMS & CONDITIONS

By visiting our site esmioaustralia.com and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, which should be read carefully as they apply to ALL users of this site.

We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL ONLINE STORE TERMS AND CONDITIONS

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your services and we reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products, use of the products, or access to the Service or any contact on the website through which the service is provided, without written permission by us.

You agree not to disrupt, modify or interfere with this website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others' use of this website. 

PRE ORDER DELIVERY

All orders that include pre order items will be dispatched once the pre order items arrive.

RETURNS

Returns are accepted within 14 days of purchase on the basis that everything is unused and in the exact same condition that you received it in, including its original packaging. 

To complete your return, we require you to notify us through email to ensure eligibility with a receipt or proof of purchase. 

Any item not in its original condition, is damaged or missing parts for reasons not due to our error and any item that is returned more than 14 days after delivery will not be accepted.

NOTE: To ensure safety and strict hygiene measures, unwrapped gel polishes cannot be returned due to change of mind or incorrect ordering.

REFUNDS

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, within a number of days.

Sale items or those purchased using a discount code cannot be refunded or returned.

EXCHANGES

Exchanges are only accepted for the same item if there are any defects or damages.

PRODUCTS AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue our products without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.

We have made every effort to display as accurately as possible the colours and images of our products that appear online. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected to you exact expectations. However, Esmio Australia endeavours to correct any errors in a mutually satisfying manner.

We do not take responsibility if you are allergic to any products. All ingredients are listed on the product pages on the website and on the products. 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

ERRORS AND INACCURACIES 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall esmioaustralia.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.