Terms and Conditions
This website is operated by Brow Code Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Brow Code Pty Ltd. Brow Code Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Brow Code Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brow Code Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - PRICING AND TAXATION
All pricing is stated in New Zealand Dollars (NZD$) and is GST exclusive. The prices of our products are subject to change without notice. The current price of each product is shown on the website at the time you place your order.
Products labelled as ‘Online Only Special’ are only available for purchase from the website and are not available for purchase in store or by phone order.
Brow Code will not match any prices for any products that are available through the Brow Code website or Brow Code stores or vice versa.
SECTION 21 - RETAIL & PROFESSIONAL WEBSITES
We are not your average Retail Store, nor the usual Trade Store. We sell to both the public, and Beauty Professionals, and for this reason, there are certain processes involved. Due to Manufacturer requirements, there are some products that are exclusive to Trade Only. If you are qualified, or in training, within the Hair and Beauty Industry, you will need to register with the Wholesale Site, to be able to purchase these products.
The Brow Code Trade Account is your key to receiving trade pricing, quantity break deals, special trade offers and exclusive new release product updates. This is done by email, SMS alerts or distribution of Brow Code trade catalogues to your designated address.
In addition to this, we would like to offer you the services of our Brow Code Sales & Technical Representatives, who can provide specialist advice such as in-depth product knowledge and training as well communicate any special offers that Brow Code may have available.
The Brow Code wholesale is absolutely free of charge, there are no contracts in place and should you wish to no longer receive correspondence from Brow Code, you can OPT OUT by return confirmation to Brow Code via SMS or email.
By receiving access to a Trade Account, you must:
Have supplied evidence of trade qualification
Fully understand the potential risks and side effects associated with professional products
Use bleach, peroxide, colourants and wax products ONLY if you’re a qualified beauty professional
Use the products in accordance with the products/manufacturers guidelines. No responsibility will be accepted for misuse, incorrect selection or recommendation of product.
SECTION 22 - ORDERING AND DELIVERY
Receipt of order confirmation does not signify our acceptance of your order, and it does not constitute confirmation of our offer to sell. Brow Code reserves the right to accept or decline an order, for any reason, even if an Order Confirmation has been sent.
Brow Code has the right to supply less than the ordered quantity, without providing notice, even if an Order Confirmation has been sent. Your payment will be adjusted accordingly to the amended total.
Order must obtain pre-approval with an acceptable method of payment prior to shipping. Brow Code reserves the right to request additional verifications and information before accepting any order.
If you wish to cancel your order, we will be happy to accommodate only if the order has not been shipped. If payment has already been made, we will gladly refund the amount charged by the method in which it was originally paid.
Brow Code reserves the right to refuse order cancellation, or a cancellation fee will be charged equal to the actual cost of shipping to and from the original order destination, in the event that the order has already been dispatched, and only if we are able to request the return of the package from the courier company.
Once the order has been released, you are responsible to check the order and inform Brow Code of any damages or faults within two working days of receiving your order.
Orders will be delivered to the Shipping Address that is stated in the Order Process. Please check this information is correct, as Brow Code will take no responsibility for delivery to an incorrect address and/or any losses that may occur as a result.
Please note that the delivery of your Brow Code products may be impacted by delays during the end-of-year peak period leading up to Christmas and New Years. We recommend placing your order well in advance to receive your shipment before Christmas, however, delivery time frames may be longer than advised depending on carrier schedules and transit times.
SECTION 23 - PAYMENT
Payments can be made by Credit Card. Credit Card options include Visa and MasterCard. All payments made by Credit Card will have a pre-authorisation check to ensure sufficient funds are accessible and to confirm legitimacy of payment method. These funds will be frozen and the full amount charged will be taken out once the order has been dispatched.
All Credit Card Payments will state ‘Brow Code Australia’ as the receiver of monies taken from this site on your Bank Statement.
SECTION 24 - INTERNATIONAL SHIPPING CHARGES
When placing an order on Brow Code, you accept all freight charges and associated return costs if your parcel is returned to our Australian warehouse. This includes if delivery is denied due to any local customs charges or you are unable to receive the delivery.
Some international orders may incur a custom or import duty charge. We understand how frustrating this can be, however, please note Brow Code does not have any control over these charges. Any international customs charges are based on your country’s regulations and compliances. For further information, please contact your local customs office. Unfortunately, if you refuse to pay these charges your parcel may be abandoned, and Brow Code will not be held responsible for any loss of funds as a result of this occurrence.
Please note that we are unable to mark international orders as a gift to bypass or reduce any customs fees.
IMPORTANT: We do not deliver to PO Boxes.
SECTION 25 - RETURNS AND REFUNDS
Please choose your products carefully. We do not normally give refunds if you simply change your mind or make a wrong selection. You can choose between a refund or exchange where goods are faulty and cannot be repaired, wrongly described, different from a sample shown to you or don’t do what they are supposed to do.
Please retain your original receipt as proof of purchase. All returns must be in original condition, unopened and unused (unless faulty).Returns must be made within 14 days of delivery, except when an item is faulty and covered by a warranty period. Brow Code reserves the right to request further photographic and process evidence to verify faulty items should a refund be requested due to fault. Failure to provide requested information will result in Brow Code rejecting your refund claim
It is the customer’s responsibility to retrieve any items that Brow Code deem to be in unacceptable condition (unless faulty) or outside of the mentioned time frame. Brow Code will not pay to return items in unacceptable condition.
Once Brow Code receives your returned item and deem it to be in an acceptable condition (unless faulty), we will happily refund or exchange it.
Brow Code takes no responsibility for lost items when sending returns, so we suggest that you send them via registered post.
Gift cards and promotional codes cannot be returned or exchanged and cannot be applied to exchanges.
SECTION 26 - PROMOTION OFFERS AND TERMS
By using a promotional code, you agree to understanding the terms and conditions stated below.
All promotional codes, offers and discounts advertised online are for online use only and are valid for the specified time frame only. All promotional codes are one time use only unless otherwise stated. All promotional one time only codes must be used in their entirety in a single purchase.
For promotions where one or more items are required to be purchased to receive a discount on a second item, the discount will be applied to the equal or lesser valued item. Promotions requiring a minimum order amount will not include charges for shipping and credits for gift cards in the overall order amount.
Brow Code reserves the right to terminate or continue any promotions at its sole discretion. Promotional codes cannot be applied to shipping, for purchase of eGift cards, GST or any other such duties.
If you have reason to exchange or return an item where a promotional code was attached, the promotional code (if expired) can not be reused for replacement of future orders. A credit/refund will be applied for the promotional price charged only.
Promotional items are only valid while stocks last. Brow Code will not provide rain checks on items that have sold out.
Brow Code will not be held responsible for any incorrect entry of promotional codes and will not be accountable for incorrect charges or incorrect items ordered. Brow Code has no obligation to advise the customer that incorrect or incomplete entry has taken place and is not required to return or exchange an item when this has occurred. Please read over orders carefully before submitting.
SECTION 27 - TRADEMARKS AND COPYRIGHT
This site is owned and controlled by Brow Code Pty Ltd. All operations and content have been Trademarked and copyrighted. All text, site design, logos, images etc are the exclusive property of Brow Code and cannot be reproduced, modified, copied, uploaded etc for any purposes, unless specified in writing, signed by Brow Code Pty Ltd.
Any unlawful use of material from this site may breach any copyright, trademark or other related laws and may result in criminal charges.
SECTION 28 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org