Terms & Conditions
TM By Tamara
Terms and Conditions
These terms and conditions ("Terms") govern your use of our website and the purchase of our products. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.
1. Definitions
- "TM By Tamara," "we," "us," or "our" refers to TM By Tamara, the owner and operator of this website.
- "You" or "your" refers to the user or customer accessing our website or purchasing our products.
- "Products" refers to the fashion and beauty items offered for sale on our website.
2. Use of the Website
2.1. Eligibility: We recommend you be at least 16 years old, or adult supervision, to use our website and purchase our products.
2.2. Account: You may be required to create an account to access certain features of our website. You are responsible for providing us with correct personal information for your account and for all activities that occur under your account.
2.3. Prohibited Activities: You agree not to use our website for any unlawful purpose or in a way that may harm us or any third party.
3. Products
3.1. Product Information: We strive to provide accurate product descriptions and images. However, we do not guarantee that the product descriptions, images, or other content on our website are accurate, complete, reliable, current, or error-free.
3.2. Pricing: All prices are listed in Australian dollars (AUD) and include applicable taxes unless otherwise stated. We reserve the right to change prices at any time without notice.
3.3. Availability: Our products are subject to availability. We reserve the right to limit the quantities of any products we offer and to discontinue any product at any time.
4. Orders and Payment
4.1. Order Acceptance: Your order is an offer to purchase our products. We reserve the right to accept or reject your order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraud.
4.2. Payment: You agree to provide current, complete, and accurate purchase and account information for all purchases made through our website. We accept various payment methods, and by placing an order, you authorize us to charge your payment method for the total amount of your order.
4.3. Order Confirmation: Once your order is accepted, we will send you an order confirmation email. This email confirms our acceptance of your order and includes details of the products purchased, pricing, and estimated delivery time.
5. Shipping and Delivery
5.1. Shipping: We ship our products to various locations. Shipping fees and delivery times may vary based on your location and the shipping method chosen.
5.2. Delivery: Delivery times are estimates and not guaranteed. We are not responsible for delays caused by external factors beyond our control, such as customs processing, postal delays, or natural disasters.
5.3. Risk of Loss: The risk of loss and title for products pass to you upon our delivery of the products to the carrier.
6. Returns and Refunds
6.1. Returns: If you are not satisfied with your purchase, you may return the products within 30 days of receipt for a refund or exchange, provided that the products are unused, in their original condition, and accompanied by proof of purchase. Return shipping costs are your responsibility unless the return is due to a defect or error on our part.
6.2. Refunds: Refunds will be processed within 14 days of our receipt of the returned products. Refunds will be issued to the original payment method used for the purchase.
7. Intellectual Property
7.1. Ownership: All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of TM By Tamara or its content suppliers and is protected by Australian and international intellectual property laws.
7.2. License: We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, or otherwise exploit any content on our website without our prior written consent.
8. Limitation of Liability
To the fullest extent permitted by law, TM By Tamara shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of our website or purchase of our products.
9. Indemnification
You agree to indemnify, defend, and hold harmless TM By Tamara and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our website or breach of these Terms.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.
11. Dispute Resolution
Any disputes arising out of or related to these Terms or your use of our website shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration. The arbitration shall take place in Sydney, New South Wales, Australia, and the language of the arbitration shall be English.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
13. Privacy Policy
13.1. Data Collection: We collect personal information from you when you use our website, including but not limited to your name, email address, shipping address, and payment information.
13.2. Data Use: We use your personal information to process your orders, improve our services, and communicate with you. We do not sell, trade, or otherwise transfer your personal information to outside parties without your consent, except as required by law.
13.3. Cookies: Our website uses cookies to enhance your user experience. You can choose to disable cookies through your browser settings, but this may affect the functionality of our website.
14. User Content
14.1. Submissions: You may submit reviews, comments, and other content ("User Content") to our website. By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
14.2. Prohibited Content: You agree not to submit any User Content that is unlawful, defamatory, obscene, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable.
15. Third-Party Links
Our website may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that your use of any third-party websites is at your own risk.
16. Electronic Communications
By using our website, you consent to receive electronic communications from us. These communications may include notices about your account, order confirmations, and other transactional information. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
17. Force Majeure
We shall not be liable for any failure to perform any of our obligations under these Terms if such failure is caused by an event beyond our reasonable control, including but not limited to acts of God, war, civil unrest, government action, labor disputes, or technical failures.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
19. Entire Agreement
These Terms constitute the entire agreement between you and TM By Tamara regarding your use of our website and the purchase of our products and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, regarding such subject matter.
20. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
21. Termination
We reserve the right, in our sole discretion, to terminate or suspend your access to our website or your account at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of our website, us, or third parties, or for any other reason.
22. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
4/10 Pioneer Avenue, Thornleigh, NSW, 2120
TM By Tamara
DISCLAIMER
1. Product Use and Allergic Reactions
1.1 Client Responsibility: By purchasing or using any products from TM by Tamara, you agree to thoroughly review the list of ingredients provided on the product packaging, our website, or any related materials before application. It is your sole responsibility to ensure that you are not allergic to any of the ingredients contained in the products.
1.2 Allergic Reactions: TM by Tamara strongly recommends conducting a patch test prior to the full application of any beauty product. If you experience any discomfort, irritation, or adverse reaction during or after applying the product, you should immediately discontinue use.
1.3 Medical Advice: Should any reaction occur, you are advised to seek medical advice promptly from a qualified healthcare provider. TM by Tamara does not provide medical advice or diagnosis, and the use of our products is at your own risk.
1.4 Limitation of Liability: TM by Tamara shall not be held liable for any adverse effects, allergic reactions, or injuries resulting from the use or misuse of our products. By using our products, you agree to waive any and all claims against TM by Tamara related to such reactions or injuries.