TERMS & CONDITIONS
This website is operated by Pheme Beauty (ABN 18 662 333 628).
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.
HAND SWATCH AND LID COLOUR REPRESENTATION
We strive to accurately represent our products on our website and in our marketing materials, but we cannot guarantee an exact match between the colour of the gel lid and swatches as seen on screen vs the colour or of the gel polish when applied in real life. Therefore, we do not accept responsibility for any variations in colour or that may occur between the colour or of the lid/colour swatch on screen and the colour or of the gel polish when applied. By purchasing and using our gel polish products, you acknowledge and accept this possible variation in colour.
ALLERGIES & SENSITIVITIES
We do not take responsibility if you are allergic to any products. Our gel nail polish products may contain various ingredients that can cause allergic reactions in some individuals. While we strive to minimize the risk of allergies, we cannot guarantee that our products will be suitable for everyone.
All ingredients are listed on each product page. It is your responsibility to ensure that you do not have any known allergies or sensitivities to the ingredients in our gel nail polish products. We recommend researching the ingredients or consulting with a healthcare professional if you have any concerns. By purchasing our products, you acknowledge that you have performed due diligence in this regard.
PRE ORDER DELIVERY
All orders that include pre order items will be dispatched once the pre order items arrive.
SHIPPING & DELIVERY
All orders receive tracking and are packed within 3 business days of purchase regardless of the shipping option selected at checkout. We ship Monday-Friday, excluding weekends and holidays.
Upon shipment of the order, a confirmation email containing the tracking link will be promptly sent to out. Please note that all shipping charges and any additional fees imposed by third-party services are non-refundable.
For the safe delivery of the package, it may or may not require a signature upon receipt. The majority of packages are typically delivered to either the designated mailbox or front door, based on considerations of size and the feasibility of doing so safely.
The customer is responsible for providing accurate and complete delivery address information during the order placement process. It is their responsibility to promptly retrieve the parcel from the designated post office or collection point upon receiving a delivery notification.
Failure to retrieve the parcel within the specified time frame may result in its return to us as the sender. The customer must bear the costs associated with reshipment, including shipping fees and any additional charges incurred during the return process.
It is their responsibility to monitor the delivery progress and inform us promptly of any changes or updates to the delivery address. The customer is not entitled to a refund until the returned parcel has been physically received and processed by our warehouse.
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.
WHOLESALE TERMS & CONDITIONS
Wholesale customers need to complete the application form.
To apply for a wholesale account with Esmio Australia, the applicant must provide a valid ABN for a beauty-related business. Approval by Esmio Australia is required prior to placing orders.
Once approved, the applicant will receive an automatic 30% discount on all Esmio Australia products when logged into their account on the website. This discount cannot be combined with other retail customer discounts.
All orders must be placed and paid for through the Esmio Australia website before dispatch. Orders must exceed AUD 200 (post discount) and are subject to standard shipping charges. Returns for wholesale orders follow the same policy as retail sales.
By submitting the wholesale application, the applicant acknowledges and agrees to comply with these terms and conditions. Esmio Australia reserves the right to modify or terminate the wholesale program without prior notice.
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.