CUSTOMER TERMS & CONDITIONS

Welcome to BY KIRRA. Please take some time to read the following conditions applicable to booking appointments and purchasing products through this website.

The following terms and conditions, privacy policy as well as the terms on ordering, shipping, payment, returns, security and currency found in our Help section and other customer service policies (‘Customer Policies’) and the website terms and conditions govern your purchases through BY KIRRA and constitute the entire agreement between the contracting parties (‘Agreement’). By placing an order, you agree to be bound by the Agreement as amended from time to time.

If you are uncertain about any of the terms of the Agreement, please contact BY KIRRA before the completion of any purchase.

REVIEW OF TERMS

The Agreement is subject to change from time to time without notice. Past terms and conditions and Customer Policies can be accessed on request by written notice to BY KIRRA. Contact details can be found here. Each order or transaction will be governed by the Agreement in force upon the date of that transaction.

Your continued use of the site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the site. For this reason, you should frequently review these terms and conditions and any other applicable Customer Policies, including their dates, to understand the Agreement that applies to your purchases through the site.

Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. BY KIRRA reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).

SHIPPING

BY KIRRA can only ship to Australia.

PRODUCTS & ORDERS

The products available on the website, including any samples provided by BY KIRRA, are intended for personal use only. It is not permitted to sell or resell any products purchased or received from BY KIRRA.

All orders placed are considered an offer to purchase and are subject to acceptance by BY KIRRA. If an order is not accepted, a full refund will be issued at the earliest convenience. BY KIRRA reserves the right to decline an offer for any reason.

Additionally, BY KIRRA retains the right to refuse or decrease the quantity of any orders that are reasonably believed to be intended for resale or may potentially violate these terms and conditions, as determined solely by BY KIRRA. As part of the order processing procedures, all received orders will be screened by BY KIRRA to detect fraud or other unauthorised or illegal activities. In the event of suspected fraud or unauthorised or illegal activity, BY KIRRA may reject the order or contact you through the provided phone number or email address to verify the order. BY KIRRA also reserves the right to cancel accounts or decline shipping to specific addresses if there are suspicions of fraud or unauthorised or illegal activity. These measures are in place to safeguard both our customers and ourselves against fraudulent or other unauthorised or illegal activities.

Due to the high demand for our products, BY KIRRA reserves the right to restrict the number of items that can be purchased by an individual customer, unless prohibited by law. This measure is implemented to ensure that a larger number of customers can have the opportunity to enjoy BY KIRRA's products. If, for any reason, the requested products are not available, BY KIRRA will promptly cancel the transaction and issue a full refund.

PRICES & PAYMENT

All prices listed on the website are in Australian dollars and include the applicable Australian Goods and Services Tax. The prices displayed are subject to change without prior notice. However, the products will be charged at the rate in effect when the customer's order is validated.

If the customer chooses to pay by payment card, they affirm that they possess the necessary rights to use the payment card and are fully authorised to use it for the order. The customer also assures that the card holds sufficient funds to cover the order amount. Failure to meet these conditions gives BY KIRRA the right to cancel the sale. BY KIRRA is not obligated to ship any goods ordered until payment for those goods has been received.

GIFT CARDS / VOUCHERS

All BY KIRRA gift cards are non-refundable and non-transferable and can only be used exclusively for treatments and products. If you’re wanting to use a voucher - please present your voucher in salon at the time of your appointment.

USE OF PRODUCTS

By purchasing products, the buyer acknowledges and agrees to utilise them solely for their designated purpose and strictly follow the provided instructions, precautions, and guidelines. Any alternative use will result in the buyer assuming complete responsibility for any resulting loss or damage. Inquiries regarding product usage can be directed to BY KIRRA through their provided contact details.

To prevent potential allergic reactions, it is advisable to consistently check the ingredients of products before use.

In the event that a minor utilises any product acquired through the website, it should only be done after the parent or legal guardian has consulted with the minor's doctor about the product.

LIMITATION OF LIABILITY

To the full extent permitted by law, BY KIRRA makes no representations or warranties, express or implied, regarding any matter including merchantability, fitness for a particular purpose or use in relation to any product supplied by BY KIRRA.

Where legislation implies into this agreement any condition or warranty that cannot be restricted or modified, BY KIRRA’s liability for any breach of such conditions or warranties will (to the full extent permitted by law) be limited to, at the option of BY KIRRA, one or more of the following: (a) replacement of the products, the repair of the products, or the supply of equivalent products; (b) repayment of any part of the price of the products supplied; or (c) payment of the costs of replacing or repairing the products, or acquiring equivalent products.

This Agreement will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any products pursuant to these terms of all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or the provisions of any other statute, act or law of any State or Territory of the Commonwealth of Australia, or any other applicable territory, which by law cannot be excluded, restricted or modified.

BREACH AND TERMINATION

If, in our reasonable opinion, you breach any provision of the Agreement BY KIRRA may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the site. In any event, we may terminate the Agreement (and your rights to use the site) at any time and for any reason without prior notice to you.

CONCLUSION OF TRANSACTION

The agreement for sale is concluded only when goods are handled over to the designated carrier.

CREDIT CARD STORAGE

The website offers a feature for storing credit card information, utilising a secure external storage service. Consequently, your credit card details are not retained on or via the BY KIRRA site, and there is no possibility for us or our staff to access and retrieve this information. Nevertheless, if you have any concerns regarding the security of this storage process, we advise against using this feature.

APPLICABLE LAW AND JURISDICTION

BY KIRRA (www.bykirra.com.au) is created and controlled in New South Wales Australia. All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of New South Wales. By purchasing products through this site you submit to the jurisdiction of the courts of New South Wales, Australia and Australia and agree that any legal action will only be commenced in these forums.

GENERAL

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and BY KIRRA’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

GENERAL UNIQUE PROMO CODE TERMS

To redeem promotional codes, please apply the code during the cart or checkout process of your order. Promo codes cannot be added to finalised orders, and no refunds or bonus items will be provided if the promo code was not applied correctly. Excluded brands are not included in meeting any minimum order value requirements. Promo codes cannot be combined with other promotional discount codes or used for purchasing gift cards. Each promo code can be redeemed once per customer only. BY KIRRA retains the right to modify or withdraw any promo code offers and these terms and conditions at any given time.

WEBSITE TERMS & CONDITIONS

We kindly request that you take a moment to familiarise yourself with the terms and conditions that apply to the use of our site.

The terms and conditions outlined here, in conjunction with our Privacy Policy and other customer service policies, govern your use of BY KIRRA and serve as the comprehensive agreement between both parties involved. By exploring our site, you acknowledge your consent to abide by the following conditions, which may be updated periodically.

At BY KIRRA, we greatly value our interaction with you through platforms such as Facebook and Instagram. These terms and conditions establish the guidelines for our engagement with you on social media sites.

REVIEW OF TERMS

Please note that these terms and conditions are subject to change without prior notice. When you use the site, the terms and conditions in effect at the time of your transaction will govern your usage.

By continuing to use the site after any changes or modifications have been posted, you indicate your acceptance of those changes or modifications. If you do not agree with these changes or modifications, please refrain from using the site. It is advisable to regularly review these terms and conditions, as well as any other relevant policies, including their dates, to understand the applicable terms and conditions for your site usage.

Occasionally, there may be information on the site that contains typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, and availability. BY KIRRA reserves the right to correct such errors, inaccuracies, or omissions, and to modify or update information, or cancel orders if any information on the site is found to be inaccurate, without prior notice (even after you have submitted your order).

CAPACITY TO CREATE A MEMBER PROFILE

A member profile can only be created with BY KIRRA by persons with capacity to contract, who are over the age of 18, unless they have the permission or consent of their parent or guardian.

SECURITY

When creating a member profile, you must also set a password for that profile. It is your responsibility to keep your password and account information confidential. You are fully accountable for all activities conducted under your password and profile. BY KIRRA cannot be held liable for any breach of confidentiality or damages resulting from your failure to adhere to these security measures. BY KIRRA kindly asks you to immediately report any unauthorised use of your password.

INTELLECTUAL PROPERTY

All content on this site, including without limitation text, icons and graphics are the property of BY KIRRA or its suppliers and are protected by Australian and International intellectual property laws. No part or portion of this site may be copied, sold or used in any manner for any commercial purpose without written consent. Nothing in these terms and conditions constitutes a transfer any intellectual property rights.

ADVICE AND INFORMATION

The advice and information contained within or provided through this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions.

The statements made about products have not been evaluated by the Australian Therapeutic Goods Administration or any other regulator, and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease.

Use of the site is not meant to serve as a substitute for professional medical advice. The site is an online store for specialty beauty products and beauty clinic services. Please consult with BY KIRRA regarding the use of any goods, products or information received from the site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. BY KIRRA does not give or intend to give any answers to medical related questions. No prescription medications or medical treatments are intentionally provided on the site.

While we make every effort to ensure that the information contained within this website is correct, to the extent permitted by applicable law, we do not warrant that the product or service descriptions, colours, ingredients, information or other content available on or via the site is accurate, complete, reliable, current, available or error-free. We take no responsibility for any loss or damage arising from use of information or reliance on advice.

While BY KIRRA has tried to accurately display the colours of products, the actual colours you see will depend on your device, ambient lighting and other factors beyond BY KIRRA’s reasonable control, and may not accurately reflect the colour of the product.

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BY KIRRA.

REVIEWS AND COMMENTS

Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give BY KIRRA permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit BY KIRRA to publish your first name and State or Town in association with any Content provided by you.

By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise BY KIRRA to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any BY KIRRA personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.

BY KIRRA reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.

User reviews of products in no way represent the views or opinions of BY KIRRA or its owners, shareholders, employees or others, but are the sole product of its creator. BY KIRRA disclaims all liability with respect to the Content.

SOCIAL MEDIA

Our general policy is not to delete your comments on BY KIRRA’s social media pages, even if they are very critical of us, but there are a few reasons we may take down your posts. These are: (a) if your post may offend anyone; (b) if your post attacks another contributor or BY KIRRA personnel; (c) if you flood our feed, making it difficult for others to get a word in; (d) if you post information that may endanger your privacy; (e) if your post is off topic.

While we support lively, open discussion, we reserve the right to block any users who don't comply with our rules, or who are otherwise deemed to be behaving inappropriately.

LIMITATION OF LIABILITY

You agree that, to the fullest extent permitted by law, BY KIRRA will not be reasonable 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 modifications; (d) 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 websites; (e) any inaccuracies or omissions in Content, or (f) events beyond our reasonable control.

You agree to defend, indemnify and hold harmless BY KIRRA (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of: (a) your use of and access to the site; (b) your violation of any term of these terms and conditions; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these terms and conditions and your misuse of the site.

Further, to the fullest extent permitted by law, we will not be liable for any indirect or consequential loss of any kind or loss of profits, revenue, loss of data, loss of goodwill, arising out of or related to the site or your use (or non-use) thereof, 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 and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

COMPETITIONS

BY KIRRA may run competitions through its site, or through social media. Your participation in those competitions will be subject to these terms and conditions and any terms and conditions of the competition. The laws of New South Wales will govern all competitions run by BY KIRRA.

LINKS TO OTHER SITES

BY KIRRA maintains links to other websites but makes no representations as to the accuracy of the material therein, and is not responsible for the content and conduct of these sites. Further, where users or BY KIRRA personnel link other websites on our site or on our social media pages does not mean that BY KIRRA endorses them or takes any responsibility for the accuracy of the content on those sites.

GENERAL

Effective as at May 2023