Terms of Use

Website Terms and Conditions of Use

About the Website
- Welcome to www.beatrizeco.com.au (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').
- The Website is operated by Beatrize Co. Pty Ltd (ABN 98 618 760 400) (‘Beatrize Co.’). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Beatrize Co. 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 and the Privacy Policy located at [www.beatrizeco.com.au/pages/terms-of-use]. If you do not agree with the Terms or Privacy Policy, you must cease usage of the Website, or any of the Purchase Services,
- Beatrize Co. reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any change to the Terms takes immediate effect from the date of publication. By using the Website at any time, you acknowledge that you have read, understood and agreed to be bound by the current Terms. On each occasion you use the site, we recommend you keep a copy of the Terms for your

2. Acceptance of the Terms

You accept these Terms by using or accessing the Website or becoming a Member. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Beatrize Co. in the user interface.

3. Registration to use the Purchase Services

In order to access the Purchase Services, you must first register as a user of the Website. 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 an email address.
You warrant that any information you give to Beatrize Co. in the course of completing the registration process will always be accurate, correct and up to
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
You may not use the Purchase Services, may not place an order to purchase Products and may not accept the Terms if:
- you are not of legal age or lack capacity to form a binding contract with Beatrize Co.; or
- you are a person barred from receiving the Purchase Services under the laws of Australia or the laws of other relevant countries including the country in which you are resident or from which you use the Purchase

4. Your obligations as a Member

As a Member, 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 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 disclosure of or use of your password or registration information by any other person, or third party, is strictly prohibited. You agree to immediately notify Beatrize Co. 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 Beatrize Co. 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 Beatrize Co. for any illegal or unauthorised use of the Website;
- you agree not to engage in any activity that directly or indirectly interferes or upsets the operation of the Website or the Purchase Services (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of its resources to others; and
- you acknowledge and agree that any automated use of the Website or its Purchase Services is

5. Acceptance and Rejection of Orders

You may place an order through the Website to purchase a Product by submitting an electronic order form on the Website.
In completing the electronic order form, you agree to provide complete and accurate information as to your personal details in order to enable the delivery of your order.
Orders placed by you on the Website are offers to purchase particular Products at the specified price (plus any delivery fee) in accordance with the order and these Terms.
When Beatrize Co. accepts an order, it represents an agreement by Beatrize Co. to supply you with the Products in accordance with the order and these Terms.
To the extent permitted by law, Beatrize Co.reserves the right to accept or reject any order for any reason (or no reason) at any time including, but not limited to, the unavailability of any Product, an error in the price or Product description, an error in your order or the discontinuance of a promotion.
In the event that Beatrize Co. rejects an order under the above clause, it will notify you of that rejection and the reason for rejection via the user interface and / or email.
Beatrize Co. will not be liable to you for your loss (consequential, direct or indirect) or that of any third party for the rejection of an order.
Once you have placed an order, cancellations or changes cannot be made other than in accordance with these Terms.

6. 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') and any delivery fee in respect of integrated Delivery Services acquired in respect of the Products.
Unless otherwise stated, all prices including the Purchase Price, any delivery fee and other charges quoted are in Australian Dollars and where applicable, are inclusive of goods and services tax (GST).
Beatrize Co. reserves the right to charge or alter the Purchase Price of Products on the Website for any reason and without notice to you, unless you have already submitted an order at a stipulated price and that order has been accepted by P Beatrize Co., in which case there will be no change or alteration.
Payment of the Purchase Price and any delivery fee may be made through one of the following third party providers:
- Shopify; or
- afterpay

(the 'Payment Gateway Providers')

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 and any delivery fee being confirmed by Beatrize Co., you will be issued with a tax invoice to confirm that the payment has been received and Beatrize Co. may record your purchase details for future use.
You acknowledge and agree that any payment in respect of an order must be cleared by the Payment Gateway Provider to its satisfaction before Products which are the subject of an order are dispatched. If your payment cannot be processed, your order will be rejected in accordance with these Terms and you will be notified of this via the user interface and/or by email. In such instances, Beatrize Co. cannot and will not hold the Products against your order and does not guarantee that the Products will be available should you try to place your order again. Where you have tried to use a credit card to process your order, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your order.
In ordering, paying or attempting to pay for the Products, you agree that you have not engaged in any fraudulent conduct or contravene any law.
For health and safety reasons, Beatrize Co. does not offer no-fault refunds for fascinators. For other Products, Beatrize Co. may, in its sole discretion, provide a no-fault refund within 14 days of their receipt where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause. If you wish to apply for a no-fault refund, please contact Beatrize Co. on returns@beatrizeco.com.au for more information.

7. Warranty

Beatrize Co.'s Products 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. You are also entitled to have the Products repaired or replaced if the Products 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 4 weeks 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 Beatrize Co. showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Beatrize Co. at PO Box 384 Endeavour Hills, Vic 3802 or by email at customerservice@beatrizeco.com.au.
Where the Warranty Claim is accepted then Beatrize Co. will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour.
The Warranty shall be the sole and exclusive warranty granted by Beatrize Co. 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.

8. Delivery

You acknowledge that the Purchase Services offered by Beatrize Co. integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the 'Delivery Service Providers').
In providing the Purchase Services, Beatrize Co. 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 Beatrize Co. 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
In the event that an item is lost or damaged in the course of the Delivery Services, Beatrize Co. asks that you:
- contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
- contact us by sending an email to customerservice@beatrizeco.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase
Beatrize Co. cannot guarantee that delivery will occur within any delivery time frame or period.
If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age at the time of delivery and capable of receiving delivery on your behalf, and you agree that our Delivery Service Provider will be entitled to rely on the appointed representative's instructions as if they were your own instructions.
You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you or your representative refuse to sign the delivery document, this will be taken as a refusal to accept the delivery.
If Products are required to be redelivered, you may be required to pay any associated fees for redelivery.

9. Order Cancellations

Unless provided for under these Terms, no cancellations or changes to orders will be accepted, and the Products will be delivered to the stated delivery address in accordance with these Terms. Therefore, you must carefully check that your order is accurate before you submit it to us. You will, however, be able to return Products in accordance with these Terms.
Where we reject or cancel your order under these Terms, and your payment for the Products has already been processed, we will refund the Price of the Products to you in accordance with these Terms. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Beatrize Co. is not liable with respect to any loss (consequential, direct or indirect) you or any third party might suffer as a result of any delay in processing or paying your refund.

10. Title and Risk

Beatrize Co. retains ownership of Products you order until payment of the Purchase Price is received in full together with any delivery fee and other charges.
Risk in the Products passes to you on the date and time of delivery of the Products to the Delivery Service Provider.

11. Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of Beatrize Co. 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 Beatrize Co. or its contributors.
Beatrize Co. retains all rights, title and interest in and to the Website 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, trade mark, industrial design, patent, registered design or copyright of Beatrize Co.; or
- the right to use or exploit a business name, trading name, domain name, trade mark 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 Beatrize Co. 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 contact 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.

12. Privacy

Beatrize Co. takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Beatrize Co.'s Privacy Policy, which is available at [www.beatrizeco.com.au/pages/privacy-policy].

13. General Disclaimer

Beatrize Co. does not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
Save as required by law, you acknowledge that Beatrize Co. does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or Purchase Services other than provided for pursuant to these Terms.
Beatrize Co. 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.
Our liability to you for loss or damage of any kind will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Beatrize Co. and related entities or their suppliers have no responsibility for the legality of your actions.
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; and
- Beatrize Co. we 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 Products, 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 Beatrize Co. (including the Delivery Services), is at your own risk.
Everything on the Website, the Purchase Services, and the Products of Beatrize Co., 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 Beatrize Co. (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 Beatrize Co.) 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 or losses or damage 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; or
- any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such

14. Limitation of Liability

Beatrize Co.'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 Beatrize Co. is the resupply of information or Purchase Services to you.
You expressly understand and agree that Beatrize Co., 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.
Beatrize Co. is not responsible or liable in any manner for any site content (including third party content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Beatrize Co., by third parties or by any of the Purchase Services offered by Beatrize Co..
You acknowledge that Beatrize Co. does not provide the Delivery Services to you and you agree that Beatrize Co. 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

15. Termination of Contract

You may stop using the Website at any time for any reason.
The Terms will continue to apply until terminated by either you or by Beatrize Co. as set out below.
If you want to terminate the Terms, you may do so by:
- notifying Beatrize Co. at any time; and
- closing your accounts for all of the Purchase Services which you use, where Beatrize Co. has made this option available to

Your notice should be sent, in writing, to Beatrize Co. via the 'Contact Us' link on our homepage.

Beatrize Co. may terminate these Terms with you at any time.
Subject to local applicable laws, Beatrize Co. 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 Beatrize Co.'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 Beatrize Co. 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

16. Indemnity

You agree to indemnify Beatrize Co., its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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; and/or
- any breach of the

17. 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).

17.4. 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.

17.5. 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 Australian Mediation Association 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 Victoria,

17.6. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

17.7. Termination of Mediation:

If 2 months 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.

18. Venue and Jurisdiction

The Purchase Services offered by Beatrize Co. is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

19. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

21. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.