Terms & Conditions

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to hotel of beauty Pty Ltd ACN 674 150 568  (Company).

In these terms, we also refer to the Company as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being www.hotelofbeauty.com and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase a once-off single product ("Product”) or a subscription for the ongoing purchase of a selected Product(s) (“Subscription”) through this Website (collectively, an “Order”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it at the link at the bottom of the home page.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • Part A: Terms for when you place an Order (applies when you buy)

  • Part B: Terms for when you browse and interact with this Website (applies when you browse)

  • Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

  1. For When You Buy Products…

  1. SUBMITTING AN ORDER

    1. By submitting an Order using the Website’s functionality you represent and warrant that:

      1. you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

      2. you are authorised to use the debit or credit card you provide with your Order.

    2. Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Single Product or Subscription you have ordered in exchange for your payment of the total amount listed upon checkout. 

    3. Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

  2. ACCOUNTS

    1. To submit an Order and/or to purchase a Product, you may be required to sign-up, register and receive an account through the Website (an Account).

    2. As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

    3. You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

    4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

    5. We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you. 

  3. USING THE PRODUCTS 

    1. Please ensure to carefully read the list of ingredients for all Products prior to placing an Order. If you are or may be allergic to any ingredient, please do not Order the Product. 

    2. We recommend that you test any Product on a small patch of skin before you use the Product. If irritation occurs, immediately wash off with water and discontinue use of the Product. 

    3. When using a Product, please follow all label instructions. If you have any questions or concerns, please consult a medical professional. 

    4. All Products are for external use only. 

  4. PRODUCTS 

    1. Depending on your selection at the time of checkout, your Order will include either the one-off Product or monthly delivery of the Subscription of Products as selected at the time of checkout. 

    2. We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

    3. Until the price of your Products is paid in full, title in those Products is retained by the Company. Risk in the Products will pass to you on delivery in accordance with clause 6. Delivery must not be refused by you.

    4. The Product disclaimers set out at clause 19 apply to all Orders.

    1. SUBSCRIPTION TERM 

      1. Some of our Products may be purchased via a Subscription service, where you will receive an ongoing subscription for the selected Products as described on our subscriptions page, in the frequency you choose (e.g. monthly) at checkout (Subscription Services).  The Subscription and their details and prices are listed on the Website. 

      2. At the time of placing your Order, you will have the option to select one of the following periods (Initial Term) for your Subscription:

        1. 3 months; 

        2. 6 months; or 

        3. 12 months. 

      3. You cannot cancel your Subscription during the Initial Term. After the Initial Term, your Subscription will automatically renew on a monthly basis (at the price you paid for the Initial Term, on a monthly pro-rated basis) unless you let us know either by email or through your Account that you would like to cancel your Subscription in accordance with clause 4.3. 

    2. SUBSCRIPTION CANCELLATION

      1. If you would like to cancel your Subscription after the Initial Period has ended, please let us know before midnight of the 18th day of the then-current month (Renewal Date). If you cancel after the Renewal Date, you will be billed for the then-current month and receive your final Package for that month, and will not be charged on the next Renewal Date. 

      2. We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

  5. PAYMENT

    1. PAYMENT GENERALLY

      1. (Payment Obligations) You must pay fees to us in the amounts and at the times specified at the time of check-out (Fees).  

      2. (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

      3. (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

      4. (Online payment partner) We may use third-party payment providers (Payment Providers) to collect the Fees (currently Stripe). The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

      5. (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible and rectify the issue.

    2. PAYMENT FOR SINGLE PRODUCTS

All prices are:

  1. as displayed and accepted by you at the time of checkout; 

  2. payable at the time of placing an Order; and

  3. per Product.

  1. PAYMENT FOR SUBSCRIPTIONS

    1. (Renewals) The Fees for your subscription (Subscription Fees) Fees will continue to renew indefinitely on each Renewal Date, unless cancelled in accordance with clause 4.3.

    2. (Direct Debit) The Subscription Fees are paid using direct debit (DD). In signing up for a Subscription, you: 

      1. authorise direct debit in line with our Payment Provider’s separate DD Authorisation Form and any DD Agreement as applicable; 

      2. agree to enter into any DD Agreement required by our Payment Provider;

      3. authorise us to charge your bank account or credit card in advance in line with any DD Authorisation Form and any DD Agreement; 

      4. must ensure that there are sufficient funds available in your account to allow our Payment Provider to debit the Fees payable; 

      5. acknowledge and agree that there may be additional payments required from the Payment Provider if you miss of fail to make any payment. These terms are separate and in addition to this agreement; and 

      6. acknowledge that we will not pay any charge back amount if you fail to cancel your Subscription in accordance with this clause. By choosing a recurring payment plan, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription. We may submit periodic charges for the Subscription Fees without further authorization from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorization or change your payment method, please contact us via the email address set out on our Website.

    3. (Pricing changes) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this. 

  1. DELIVERY AND SHIPPING

    1. (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

    2. (Delivery Details) The Company may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

      1. delivery is to the delivery point specifically accepted by the Company; and

      2. we will deliver the Products to you in accordance with the shipping information displayed on our Website.

    3. (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

    4. (International Orders) The Company reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay. Accordingly, you acknowledge and agree that the Company will not be responsible nor held liable for the Products’ non-compliance with the relevant laws of the country in which you reside, such as prohibition on the sale or purchase of certain products.

  2. CHANGES TO YOUR ORDER

    1. CANCELLATION BY US

We reserve the right to cancel your order for any reason and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

  1. CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 7.3 may apply.

  1. RETURNS AND EXCHANGES

    1. We do not offer change of mind returns.

    2. We will provide a full refund of the price paid for a Product if we determine that:

      1. a Product you have ordered was not received by you solely due to failure by us;

      2. a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

      3. a Product is faulty, in accordance with clause 7.3(c), in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.

    3. (Faulty products) The following process applies to any Product you believe to be faulty.

      1. If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).

      2. If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

      3. If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost..

      4. If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

      5. If you fail to comply with the provisions of this clause 7 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

      6. Nothing in this clause 7 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

    4. (Allergic reactions) We may offer you a refund if you have an allergic reaction to our Products. The following process applies to where you have had an allergic reaction:

      1. If you have had an allergic reaction to our Products, you must immediately stop using the Product and contact us using the details provided on our Website within 30 days of the Delivery Date, providing images and/or videos of the allergic reaction and any other information or material reasonably required by us.

      2. If we accept your return in accordance with this clause, we may require you to send the Product back to us (at your cost), together with any proof of purchase and packaging for the Product and any other documentation or information reasonably required by the Company, within 60 days of the Delivery Date.

      3. If we determine, in our discretion, that you have had an allergic reaction to our Products and have otherwise met the requirements under this, you will be credited the full amount paid (including shipping costs) and you may request a refund or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request. 

      4. If we determine that you have not had an allergic reaction or met the requirements under this clause, we may, at our discretion, not offer a return, and we will keep the Product, or deliver it back to your nominated address (at your cost).

  1. INTELLECTUAL PROPERTY

    1. The Company retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

    2. In this clause 8 “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

  2. RATINGS & REVIEWS 

    1. We may allow you to rate a Product (Rating) and/or provide feedback to us regarding our Products and our service (Review), including by submitting a photo with the Review (Photo), on the Website or our social media platforms. 

    2. You agree:

      1. to ensure that any Rating is a true and fair reflection of your opinion regarding a Product;

      2. to provide true, fair and accurate information in your Review; and

      3. that you will not submit a Photo that may be deemed rude, offensive, unlawful and otherwise inappropriate, and you acknowledge that you have obtained the consent of any party in a Photo to submit the Photo to us.

    3. You acknowledge that we may copy, publish, distribute, translate and otherwise use any Rating and Review (including any Photo) on the Website and any of our social media platforms.

    4. We reserve the right to remove or delete any Rating or Review (including any Photo), in our sole discretion, that such Review is inappropriate. 

  3. THIRD PARTY TERMS SUPPLIERS

    1. We may do any of the following:

      1. outsource any part of performing any services related to providing the Products or Products, including delivery of your Products; or

      2. procure materials and Subscriptions or Products from third party suppliers,

without further notice to or permission from you.

  1. To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.