Terms of Service
About the Website
Welcome to www.covvercreatives.com (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services'). Covver Creatives Pty Ltd is an Australian owned and operated hair and beauty supplier, specialising in hair care offering innovative products and solutions to customers.
The Website is operated by Covver Creatives Pty Ltd (ACN 665989248). Access to and use of the Website, or any of its associated Products or Services, is provided by Covver Creatives Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Covver Creatives Pty Ltd in the user interface.
Prior to fulfilling your purchase(s) on this website, you will be required to tick the checkbox stating that you have understood the terms and conditions provided on this website and you agree to accept the Terms of Service bound by Shopify https://www.shopify.com/legal/terms.
Registration to use the Purchase Services
In order to access the Purchase Services, you may check out as a registered user of the website ('Member') or check out as an unregistered user ('Guest'). As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:- Full name
- Preferred username
- Mailing address
- Telephone number
- Email address
You warrant that any information you give to Covver Creatives Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Covver Creatives Pty Ltd
- you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
Your obligations as a Member or Guest
As a Member or Guest, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:- the Terms
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Covver Creatives Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Covver Creatives Pty Ltd providing the Purchase Services
- you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Covver Creatives Pty Ltd for any illegal or unauthorised use of the Website
- you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
Purchase of Products and Returns Policy
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
Payment of the Purchase Price may be made through Shopify Payments via approved third-party providers. These include PayPal, Mastercard, Visa, American Express (AMEX), Apple Pay and Google Pay. (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
Following payment of the Purchase Price being confirmed by Covver Creatives Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Covver Creatives Pty Ltd may record your purchase details for future use. If you are located outside Australia, you will become the importer of the Products and will be liable for any local taxes, customs and duties, and assume all liability under any import laws and regulations applying in your country.
If you choose to pay by credit card, you authorise Covver Creatives Pty Ltd to debit the amount that is payable for Your Order from your nominated credit card account.
If Covver Creatives Pty Ltd are unable to successfully process your credit card for Your Order then Covver Creatives Pty Ltd may cancel Your Order. You must not pay, or attempt to pay, for Your Order through any fraudulent or unlawful means.
Pursuant to Covver Creatives Pty Ltd Returns Policy, Covver Creatives Pty Ltd do not offer returns or exchanges for change of mind on Products purchased via this website.
Covver Creatives Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition, provided you present a proof of purchase and evidence of the defect and/or problem. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
Covver Creatives Pty Ltd will use reasonable endeavours to ensure that any price indicated for a Product is accurate and without error. In the event that a price listed for a Product is incorrect or erroneous (Incorrectly Priced Product), Covver Creatives Pty Ltd reserves the right to rectify any prices on the website at its sole and absolute discretion and without any notice to you.If an Incorrectly Priced Product has been added to Your Order, Covver Creatives Pty Ltd may, in its sole and absolute discretion cancel Your Order or contact you for further instructions.
Covver Creatives Pty Ltd may, in its absolute discretion, make changes to the price of a product from time to time to account for market conditions, change in suppliers, availability of product and other circumstances.
If an Incorrectly Priced Product has been shipped to you, you agree that Covver Creatives Pty Ltd may direct you to either:
- pay Covver Creatives Pty Ltd the difference between the actual price for the product and the price you paid for the product, within 10 business days of receiving notice from Covver Creatives Pty Ltd of same
- return the incorrectly priced product to Covver Creatives Pty Ltd.
Warranty
Covver Creatives Pty Ltd Product(s) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product(s) repaired or replaced if the Product(s) fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 7 days from the date of purchase (the 'Warranty Period').
In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Covver Creatives Pty Ltd showing the date of purchase of the Product(s), provide a description of the Product(s) and the price paid for the Product(s) by sending written notice to Covver Creatives Pty Ltd via email at contact@covvercreatives.com
Where the Warranty Claim is accepted then Covver Creatives Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part there of with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
The Warranty shall be the sole and exclusive warranty granted by Covver Creatives Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
Delivery
You acknowledge that the Purchase Services offered by Covver Creatives Pty Ltd integrate delivery (the ' Delivery Services') through the use of third-party delivery companies (the ' Delivery Service Providers').
In providing the Purchase Services, Covver Creatives Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Covver Creatives Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
You agree and acknowledge that a specified delivery fee will be added to Your Order to cover costs and fees for the delivery of the Product. The delivery fee will be notified to you at the time of placement of Your Order.
Your Order will only be processed between Monday to Friday and will be dispatched between one (1) to two (two) working days, however the actual timing of delivery is always subject to and dependent on the Product, availability of goods and labour, and any events outside of Covver Creatives Pty Ltd control.
You may verify the status of Your Order by contacting our customer service team at contact@covvercreatives.com between 9:30AM–5:30PM Monday through Friday, AEST.
In the event that an item is lost or damaged in the course of the Delivery Services, Covver Creatives Pty Ltd asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available
- contact Covver Creatives Pty Ltd by sending an email to contact@covvercreatives.com outlining in what way the Products were damaged in transit so Covver Creatives Pty Ltd are able to determine if the Delivery Service Provider should be removed from the Purchase Services.
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of Covver Creatives Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by Covver Creatives Pty Ltd or its contributors.
Covver Creatives Pty Ltd retains all rights, title and interest in and to the Website, including social media platforms, and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Covver Creatives Pty Ltd
- the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Covver Creatives Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Covver Creatives Pty Ltd grants users of this website revocable permission to download copyright material on this website for their own personal use provided that such use is non-commercial and not to obtain any financial benefit.
Privacy
Covver Creatives Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Covver Creatives Pty Ltd's Privacy Policy, which is available on the Website.General Disclaimer
You acknowledge that Covver Creatives Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
Covver Creatives Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded
- Covver Creatives Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of Covver Creatives Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Covver Creatives Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Covver Creatives Pty Ltd including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of (Covver Creatives Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records
- the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Purchase Services or any of the Products
- the Content or operation in respect to links which are provided for the User's convenience
- any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
Limitation of Liability
Covver Creatives Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Covver Creatives Pty Ltd is the resupply of information or Purchase Services to you.You expressly understand and agree that Covver Creatives Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Covver Creatives Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Covver Creatives Pty Ltd, by third parties or by any of the Purchase Services offered by Covver Creatives Pty Ltd.
You acknowledge that Covver Creatives Pty Ltd does not provide the Delivery Services to you and you agree that Covver Creatives Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
Termination
The Terms will continue to apply until terminated by either you or by Covver Creatives Pty Ltd as set out below.- notifying Covver Creatives Pty Ltd at any time
- closing your accounts for all of the Purchase Services which you use, where Covver Creatives Pty Ltd has made this option available to you.
- you have breached any provision of the Terms or intend to breach any provision
- Covver Creatives Pty Ltd is required to do so by law
- the partner with whom Covver Creatives Pty Ltd offered the Purchase Services to you has terminated its relationship with Covver Creatives Pty Ltd or ceased to offer the Purchase Services to you
- Covver Creatives Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service
- the provision of the Purchase Services to you by Covver Creatives Pty Ltd is, in the opinion of Covver Creatives Pty Ltd, no longer commercially viable.
Subject to local applicable laws, Covver Creatives Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Covver Creatives Pty Ltd.'s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Covver Creatives Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms
- any breach of the Terms.
Dispute Resolution
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Dispute Settlement Centre of Victoria or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation
- the mediation will be held in Melbourne, Australia.
Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.