Welcome to the Melissa Sassine website. Melissa Sassine provides the services available on the Site to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
- About Melissa Sassine cosmetics Online
Melissa Sassine The Academy business in Australia is operated by Melsas Australia Pty. Ltd. (ACN 602 413 847).
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) register on the Site; and (b) be the holder of a valid debit/credit card.
This contract shall be concluded in English.
- Product Descriptions
Products may not be available or as described. We endeavour to ensure that details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Information may be out of date. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.
- Gift Vouchers
Gift vouchers are available for purchase in store only. We provide gift vouchers redeemable in store only. Vouchers are valid for 12 months from date of purchase.
- Purchase Related Policies
Personal use only
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.
Our right to cancel your order
If we reasonably believe, in our sole discretion, that your completion of your order may result in the violation of our Terms and Conditions we may, with or without notice, to cancel or reduce the quantity of your order.
Our policies form part of these terms and conditions
All prices indicated for products available via the Site are inclusive of GST (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site.
- Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Melissa Sassine website by clicking on the Submit button at the end of the on-line order process.
Once you have placed your order, we will send you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Melissa Sassine online.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
If you require any information regarding your order(s) please contact Customer Service on the following number 02 9728 2077 or email email@example.com (open 9am – 5pm, Monday to Friday)(excluding public holidays ).
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See Cancellation section of the Site by clicking here.
You may pay using PAYPAL or credit card.
- Title to Goods
We will retain the legal ownership of the goods until the later of dispatch of the goods to you and full payment for the goods being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
- Risk of Loss
Risk in the goods will pass to you upon delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third party.
- Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure.
If no such action is taken, to the extent permitted by law, we shall not be obliged to accept any rejection of the goods at a later date. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services on the following number 02 9728 2077 (open 9am – 5pm, Monday to Friday)(excluding public holidays ) or contact us.
- Intellectual Property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property Melsas Australia Pty Ltd, its affiliates, our partners or our licensors, and is protected by United States, Australian and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Melsas Australia Pty Ltd, its affiliates, licensors or partners, in Australia and other countries, and are protected by United States, Australian and international trademark laws. All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited license in Section 15 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
- Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other “hidden text” utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this Section 15 without prejudice to any other remedy provided by applicable law.
- Your Obligations and Responsibilities
We may sell, trade, or otherwise transfer to outside parties your user identifiable information. This include website hosting partners and other parties for marketing, advertising, or other uses who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
- Third Party Links
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
Submissions not confidential
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.
Rights you give us by making a submission
Representations and warranties by you in relation to the Submission
If you make a Submission, you represent and warrant that it is true and accurate and that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
20. Limitation of Liability
No representations or warranties
THE SITE IS PRESENTED “AS IS.”
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of loss caused by certain things
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;
(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE;
(e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES;
(f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR
(g) EVENTS BEYOND OUR REASONABLE CONTROL.
Exclusion of certain types of loss
TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (OR ANY LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you wish to complain about any matter in respect of the goods please contact Customer Services on the following number 02 9728 2077 (open 9am – 5pm, Monday to Friday)(excluding public holidays )
Your use of this Website and any purchase by you of any goods from Melissa Sassine shall be governed by Australian law and the parties hereto submit to the exclusive jurisdiction of the Australian courts.
We may amend these Terms and conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site.
Your continued use of the Site constitutes your agreement to all such terms and conditions.. You agree to comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
No Agency or partnership with you
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
A failure to enforce is not a release of rights
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Rights are cumulative
The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.
Time not of the essence
Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
If a term is unenforceable
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact us.
RETURNS AND EXCHANGES
We are committed to offering our Customers the finest cosmetic products available. If you feel the products you received from our Online Store are faulty, simply return the unused portion and we will be happy to remit your account for the full amount of the purchase. If you prefer, you may exchange your purchase for other Melissa Sassine products.
When returning or exchanging any part of your order, please include the original packing slip, noting the items being returned/exchanged and listing any items that should be sent in exchange.
Regrettably, except as required by law shipping and handling fees are not refundable. If you purchased your item at a store, please understand that each store has its own return policy. We’re sorry, but returns or exchanges for purchases made in a Melissasassine stockists may not be returned or exchanged to Melissa Sassine Online.
To arrange a return for products purchased on Melissa Sassine Online please contact Customer Services on the following number 02 9728 2077 (open 9am – 5pm, Monday to Friday)(excluding public holidays).
If your package was damaged in shipment by the carrier, save the box and the merchandise and notify us immediately at 02 9728 2077.
The carrier will inspect and pick up the damaged package and the damaged items will be replaced