1.1 What these terms cover. These are the terms and conditions (Terms) that will apply to your purchase of any of our hair styling products and accessories (Product(s)) made via our website at www.cloudninehair.com.au (the Site).
1.2 These Terms apply to consumers only. These Terms only apply to the supply of the Products for domestic and private use only. If you are ordering the Products for any commercial, business or re-sale purposes, please contact our trade partner directly on firstname.lastname@example.org or by phone on 1300 437 436.
1.3 Why you should read these Terms. Please read these terms carefully before you submit your order to us via the site (Order). These terms tell you who we are, how we will provide Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions about these terms, please contact us to discuss (using the contact details in Clause 2.2 below).
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Cloud Nine ANZ Pty Ltd (trading as Cloud Nine) a company registered in New South Wales. Our company ABN is 65 640 337 015 and our registered office is at Cloud Nine ANZ Pty Ltd, Level 1, 54 Balgowlah Road, Balgowlah, New South Wales 2093. Australia
2.2 How to contact us. You can contact us by emailing us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your Order will take place when we email you to formally accept it, at which point a contract will come into existence between you and us (the Contract).
3.2 If we cannot accept your order. If we are unable to accept your Order, we will inform you of this in writing and we will either not charge you for the Product or we will offer you an alternative Product of equal value. This might be because the Product is out of stock; because of unexpected limits on our resources that we could not reasonably plan for; because we have identified an error in the price or description of the Product; or because we are unable to meet a delivery deadline you have specified. If the information received by you is not in line with our delivery guidelines, we reserve the right to cancel your order and issue a refund. It is your responsibility to input the correct delivery information at checkout, we cannot be held responsible for failed deliveries due to incorrect information supplied by you.
3.3 Your Order Number. We will assign an Order Number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the Order Number whenever you contact us about your Order.
4.1 Products may vary slightly from their pictures. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the Product may vary from that shown in images on our Site.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see Clause 8 - Your rights to end the Contract).
OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change the Product:
- a) to reflect changes in relevant laws and regulatory requirements; and
- b) to implement minor technical adjustments and improvements to the product.
These changes will not affect your use of the product.
6.2 Changes to these terms. We may make changes to these Terms from time to time. If we make any significant changes to these Terms, we will notify you and you may then contact us to end the Contract before the changes take effect and receive a refund for any Products paid for but not received.
GETTING IT TO YOU
7.1 Delivery options and costs. The different delivery options and associated costs will be displayed on our Site at the time that you submit your order.
7.2 When we will provide the products. When we send you an email formally accepting your Order, we will confirm the delivery option selected by you at the checkout. We will use reasonable endeavours to meet any estimated delivery date and to inform you of any potential delay that means that your Products may not be received by the estimated delivery date. However, we do not provide any guarantee that the Products will be received by any estimated delivery date.
7.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, that we become aware of, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.
7.4 If you are not at home when the Product is delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, our third party courier should either leave you a note, or send you an email or text message, informing you of how to rearrange delivery or collect the products from an alternative address, such as a neighbour, a local depot or designated collection outlet.
7.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from an alternative address, a delivery depot or designated collection outlet, we (or our third party courier) will contact you for further instructions and we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and Clause 10.2 will apply.
7.6 When you become responsible for the products. A Product will be your responsibility from the time we deliver the Product to the address you gave us, or delivered to the alternative address that you instruct our third party courier to deliver to, or on collection by you from a local depot or designated collection outlet.
7.7 When you own Products. You own a Product once we have received payment in full.
7.8 Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
- a) review or make minor technical changes; or
- b) update the product to reflect changes in relevant laws and regulatory requirements.
7.9 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
HOW TO BREAK UP WITH US
8.1 Your rights to end your contract with us. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, and when you decide to end the Contract:
- a)If you want to end the Contract because of something we have done or have told you we are going to do, see Clause 2;
- b)If you have just changed your mind about the product, see Clauses 8.3, 8.4 and 8.5. You may be able to get a refund if you are within our Cooling-Off Period (as defined in Clause 8.5 below), but this may be subject to deductions and you will have to pay the costs of return of any Products;
- c)If what you have bought is faulty or not as advertised you may have a legal right to end the Contract(or to get the Product repaired or replaced or to get some or all of your money back), see Clause 11.
8.2 Ending the Contract because of something we have done or are going to do. If you are ending a Contract for a reason set out at (a) to (e) below the Contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
- a) we have told you about an upcoming change to these Terms which you do not agree to (see clause 6.2);
- b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed (see Clause 12.2);
- c) there is a risk that supply of the Products may be substantially delayed because of events outside our control (see Clause 7.3);
- d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days (See Clause 7.9); or
- e) you have a legal right to end the contract because of something we have done wrong.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- a) Products that have been personalised or monogrammed; or
- b) Products that are sealed for health protection or hygiene purposes (for example, styling sprays and potions), once these have been unsealed after you receive them.
8.5 How long do I have to change my mind? You have 45 days after the day you (or someone you nominate) receives the Products (Cooling-Off Period). This is unless your Products are split into several deliveries over different days. In this case you have until 45 days after the day (or someone you nominate) receives the last delivery of the Products to change your mind about the Products.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) AND RETURNING PRODUCTS
9.1 Tell us you want to end the Contract. To end the Contract with us, please let us know by doing one of the following:
- a)Email us at firstname.lastname@example.org. Please provide your name, home address, the Order Number and, where available, your phone number and preferred email address; or
- b)Complete the cancellation form on our Site.
9.2 Returning products. If you request an exchange, replacement or refund for any reason after the Products have been dispatched to you, or after you have received them, you must return the Products to us. If you are exercising your right to change your mind and wish to end the Contract as provided for in Clause 8.1, you must send the Products to us within 14 days of telling us you wish to end the contract.
9.3 When sending the Products to us, it is your responsibility to ensure that we receive the Products safely and securely to the delivery address stated on either the cancellation form or returns form or to any other address we have advised to you. We do not accept any responsibility for Products that are lost or damaged in the post and will not be required to refund you in the event of such circumstances, so we recommend that you use tracked post. In the circumstance where we send to you an exchange or replacement product prior to you sending the Product back to us, and thereafter we do not receive back the Product safely and securely, as provided for in this clause, we will have the right to charge you in full, for the exchange or replacement product sent to you.
9.4 When we will pay the costs of return. We will pay the costs of return:
- a) if the Products are faulty and you are claiming under our Consumer Warranty or under your legal rights as per clause 11.5; or
- b) if you are ending the contract because we have told you of an upcoming change to the Product or these Terms, an error in pricing or description, a substantial delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
9.5 How we will refund you. We will refund you the price you paid for the Products including standard delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you change your mind during the Cooling-off Period. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. All returned Products need to be received in a resalable condition to be entitled for any refund. If you have received a promotional item in your order, the full contents need to be returned to qualify for a full refund. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount on request by us.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then, subject to the safe receipt of the Products and in line with Clause 9.3, your refund will be made within 21 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
10.1 We may end the Contract if you break it. We may end the Contract for a Product at any time by writing to you if you breach your obligations under the Contract. This may apply, for example, if you do not, within a reasonable time, allow us to deliver the Products to you or collect the Products from us.
10.2 You must compensate us if you break the contract. If we end the Contract in the situation set out in Clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you a percentage of the price as compensation for the net costs we incur as a result of your breaking the Contract. This may include, for example, our storage costs or any further delivery costs.
10.3 We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know at least seven (7) days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
IF SOMETHING’S NOT RIGHT
11.1 How to tell us about problems. When you receive your Products, you must check them and contact us as soon as possible to see whether there is any damage, or the Products are not as advertised. If you have any questions or complaints about the Product, please write to us at email@example.com, providing us with photographic evidence as and where possible.
11.2 Your options if a Product is faulty or not as advertised. If a Product is faulty or not as advertised, you can choose whether to claim under our Consumer Warranty (see Clause 11.3) or in accordance with your legal rights under consumer law (see Clause 11.5).
11.3 THE WARRANTY
- a) We guarantee that your Products will be free from manufacturing defects during the time periods set out below (Consumer Warranty). Your right to claim under our Consumer Warranty is in addition to your legal rights under consumer law (see Clause 11.5)
Standard Warranty Period
Extended Warranty Period (if registered within 14 days of purchase)
The Original Iron, The Wide Iron, The Touch Iron, The Micro Iron
The Curling Wand, The Waving Wand, The TextureMicro Wand
The Airshot, The O Heated Roller Set
Magical Quick Dry Potion, Amplify Spray, and Accessories
b) Subject to Clause 11.3 (c), our consumer warranty covers all our Products if faulty or not as advertised for the standard Warranty Period, (as set out in the table above). In order to benefit from the Extended Warranty Period you must register the product within 14 days of receipt (unless stated otherwise) and in all cases (whether for the Standard Warranty Period or Extended Warranty Period) provide a valid proof of purchase with any claim that you make to us.
- c) The Consumer Warranty will not apply in the following circumstances:
- i. in the case of any Product fault or defect resulting from:
a). fair or reasonable wear and tear or normal ageing of the Product;
b). damage caused by accident, abuse, misuse, fire, liquid contact or other external cause;
c). negligence by you or any associated party;
d). alteration, repair or interference by you or any third party;
e). a replacement product;
f). cosmetic damage, howsoever caused, including but not limited to scratches or dents;
g). damage caused by operating or storing the Product outside the user manual or instructions enclosed with the Product, the technical specifications or other published guidelines;
h). or use of the Products for professional, commercial or business purposes; or
- if the serial number or QR code has been removed or defaced from the Product; or
iii. if you are unable to provide proof of purchase with your claim, or if we otherwise have reason to believe that the Product has been re-sold, stolen or is counterfeit.
11.4 Product Claim Process
To make a claim under the Consumer Warranty you must fill in the form on the Returns Page “In Warranty Returns Form” follow the instructions written to you via our email. We will send you a returns label for you to return your product to us via Australia Post All paperwork must be included in the parcel for the warranty to be actioned. We will not be liable for any claim made under the Consumer Warranty, until we receive the Products safely and securely to the delivery address stated on the returns label.
- b)Consumer Warranty Remedies.If you make a claim under the Consumer Warranty during the relevant Consumer Warranty period, we will (at our option):
- i.replace the Product;
repair the Product, using new or previously used parts that are equivalent to new in
performance and reliability; or
iii. provide you with a refurbished product, which will be the same age/model/condition of
the Product that you originally purchased; or
if your claim is in respect of a Limited Edition or Discontinued Product, we will
provide a suitable replacement of equal value. However, the colour of the replacement product may differ to the original Product.
- c)Replacement Irons.In the event that we provide replacement irons (in accordance with Clause 11.4 b), the Consumer Warranty will apply to the replacement irons for the remainder of the Consumer Warranty period, as calculated from the date of purchase of the original Product that we have replaced.
- d)Out of Warranty Repair Service.In addition to our Consumer Warranty, we offer a Product repair service for any Products which are not covered by our Consumer Warranty (for example, because the defect occurs outside of the Consumer Warranty period or because the defect is caused by accidental damage). Please email us at firstname.lastname@example.org for information about the repair service and prices. We may offer a like-for-like replacement or refurbished Product instead of repairing your Product, but we do not guarantee that the replacement or refurbished Product will be the same colour as the original Product.
11.5 Summary of your legal rights under consumer law.
- a)Our 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 and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- b) These terms are not intended to exclude or limit the application of any statute (including but not limited to the Competition and Consumer Act 2010 (Cth) (CCA) as amended from time to time and its Schedule 2, the Australian Consumer Law), where to do so would contravene that statute or cause a provision of these terms to be void. Any stated exclusion or limitation in these terms is only to the full extent permitted at law.
c) If you wish to exercise your legal right to have Products refunded,repaired or replaced, you must contact us and arrange for the Products to be returned to us as set out in clause 9. We will ask you to post the Product back to us and we will pay the costs of postage. For a return label, please email us at email@example.com.
PRICE AND PAYMENT
12.1 Where to find the price for the Product. The price of the Product (which includes GST) will be the price indicated on the Site when you placed your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 12.2 for what happens if we discover an error in the price of the Product you Order. We reserve the right to change our prices at our discretion.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced on our Site. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product’s correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract, require you to return any Products provided to you and (following our safe receipt of such Products) refund you any sums you have paid.
12.3 When you must pay and how you must pay. We accept payment with all major credit and debit cards, PayPal and AfterPay. You must pay for the Products at the time of submitting your Order and before we dispatch them. For AfterPay terms and conditions please refer to this link here.
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 11.5; and for defective products under the Australian Consumer Law.
13.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
VOUCHERS AND PROMO CODES
14.1 You can only use our Gift Cards for purchasing Products via our Site.
Gift Cards are redeemable exclusively for Products on our Site. Gift Cards are not refundable and cannot be exchanged for cash or used to purchase additional Gift Cards. Gift Cards purchased on the Australia Site may only be used to purchase Products on the Australia Site (and cannot be used on Cloud Nine websites in other countries outside of Australia).
14.2 When a purchase is made using a Gift Card, no change will be given. Any remaining balance on the Gift Card may be redeemed against future purchases.
14.3 Where a Product is purchased using a Gift Card and is later returned (in accordance with these Terms), the price of the returned Product will be credited to the Gift Card balance. If the Product is exchanged for a cheaper Product (in accordance with these Terms), the difference in the price between the two Products will be credited to the Gift Card balance.
14.4 Gift Cards are valid for 3 years following the date of purchase. Upon expiry, any remaining balance on the Gift Card will be lost.
PROMOTIONS, DISCOUNT OFFERS & VOUCHER CODES
15.1 Promotions, discounts and voucher codes redeemable on the Site are not valid in conjunction with any other offer or promotion. Only one promotional, discount or voucher code can be used per Order.
15.2 Minimum spends may apply for certain promotions, discount or voucher codes.
15.3 It is not possible to apply a promotional code, discount code or voucher code to an Order after the Order has been submitted.
15.4 The length of time a promotion, discount code or voucher code is available, is set at our discretion and we have the right to remove or amend this at any time.
15.5 Promotions may be limited to one per product and not all products may be included in each promotion. These promotions may only be available to redeem from the Site directly and may not be available from our third party stockists.
YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
17.1 We may transfer the Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract. If you are unhappy with the transfer you may contact us to end the Contract within seven (7) days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person, if we agree to this in writing. Where you purchase a Product as a gift, you may transfer our Consumer Warranty to the recipient of the gift, provided that the recipient can comply with the steps set out in Clause 11.3b).
17.3 Nobody else has any rights under this Contract (except someone you pass your Consumer Warranty on to in accordance with Clause 17.2). This Contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 17.2 in respect of our Consumer Warranty. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
17.4 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
17.6 Which laws apply to this Contract and where you may bring legal proceedings. These terms are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia. Both you and Us agree to bring any claims in the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect to any proceedings in connection with these terms.
Using AfterPay to try before you buy? Some different terms apply – see here for more details.