Terms of service

TERMS OF SERVICE

Overview

Welcome to The Lash Store HQ!

This website is operated by The Lash Store Pty Ltd, trading as The Lash Store HQ. Throughout these Terms of Service, the terms "we", "us" and "our" refer to The Lash Store HQ.

We operate this website and online store, including all associated content, products, services, features and tools (collectively, the "Services"). Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and services to customers.

These Terms of Service, together with our Privacy Policy, Shipping Policy and Returns & Refund Policy, outline the conditions governing your access to and use of our Services.

By accessing our website, creating an account or placing an order, you agree to these Terms of Service and our Privacy Policy.

Please read these terms carefully before using our Services. If you do not agree, you should not continue using the website.

Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, including rights under Australian Consumer Law.

1. Access and Account

By using our Services, you confirm that you are at least the age of majority in your state or country of residence, or that you have the appropriate consent of a parent or legal guardian.

When creating an account or placing an order, you agree to provide accurate, complete and current information, including your contact details, billing information and delivery address.

You are responsible for maintaining the confidentiality of your account credentials and any activities carried out through your account.

You must notify us promptly if you suspect unauthorised access to your account.

Accounts may not be transferred, sold or assigned to another person without our written consent.

2. Our Products

Professional Use & Product Safety

Certain products sold by The Lash Store HQ are intended strictly for professional use by appropriately trained and experienced beauty professionals.

By purchasing and using these products, you acknowledge and accept responsibility for:

  • Ensuring you have the appropriate training, knowledge and experience to use the products safely and correctly.

  • Reading and understanding all product ingredients, instructions, warnings and safety information before use.

  • Checking for known allergies, sensitivities and contraindications before applying products to yourself or clients.

  • Performing patch testing where recommended or required by the product instructions.

  • Following all recommended application procedures, processing times, storage conditions and safety precautions.

  • Ensuring products are suitable for their intended purpose and are not used beyond their recommended shelf life or expiry date.

Customer Responsibility & Liability

The Lash Store HQ is not responsible for injury, damage or loss to the extent caused by improper application, product misuse, incorrect storage, failure to follow supplied instructions or use by individuals without appropriate training, where permitted by law.

Professional products must only be used for their intended purpose and in accordance with the instructions and safety precautions provided.

Nothing in this policy excludes, restricts or modifies any rights or remedies available under Australian Consumer Law, including liability arising from defective or unsafe products.

We make every effort to ensure that product descriptions, specifications, photographs, pricing and availability are accurate and up to date.

However, product colours and appearances may vary slightly depending on your device, screen settings and lighting conditions.

Where products are handmade, including our lash extensions, minor variations in appearance or finish may occur. These variations do not necessarily constitute a manufacturing defect, provided the products meet their advertised specifications and applicable consumer guarantees.

We reserve the right to update product descriptions, specifications, packaging and availability, or discontinue products, without prior notice, subject to applicable law.

Certain products are intended for professional use only. Customers are responsible for following product instructions, safety warnings, recommended storage conditions and applicable professional requirements.

Nothing in this section limits your rights regarding products that are faulty, unsafe, incorrectly described or otherwise fail to meet applicable consumer guarantees.

3. Orders

By placing an order through our website, you are submitting an offer to purchase the selected products or services.

All orders are subject to payment authorisation, stock availability and acceptance by The Lash Store HQ.

We reserve the right to decline or cancel orders where there are reasonable grounds to do so, including suspected fraud, payment issues, stock discrepancies or genuine pricing errors, subject to applicable law.

We may contact you using the email address or telephone number provided at checkout if clarification is required.

Please review your order carefully before completing your purchase, as our team begins processing orders promptly.

Requests to cancel or amend an order must be submitted as soon as possible and are subject to our Returns & Refund Policy.

A 25% cancellation fee may apply to customer-requested cancellations before dispatch, where lawful and reasonable, as outlined in that policy.

Once an order has been dispatched, it cannot be cancelled under our change-of-mind policy.

We supply products to both individual customers and professional beauty businesses. Products purchased for professional use or resale must be used, handled and represented in accordance with applicable laws and any relevant product conditions.

4. Prices and Billing

All prices displayed on our website are subject to change without notice.

Australian retail prices include GST where applicable, unless expressly stated otherwise. International pricing and applicable taxes may vary depending on the delivery destination.

Shipping fees and any applicable charges collected by us will be displayed before checkout is completed.

For international orders, customs duties, import taxes or other destination-related charges may apply. These may be collected at checkout or separately by the relevant authorities or delivery provider, depending on the destination.

Customers are responsible for applicable import charges not collected by us at checkout.

We reserve the right to offer promotional discounts, special pricing and limited-time offers. Such promotions may be governed by additional terms and conditions.

Promotional discounts cannot be combined unless expressly stated.

You agree to provide accurate and current payment information and confirm that you are authorised to use your selected payment method.

Where a genuine pricing or billing error is identified, we will contact you where appropriate and resolve the matter in accordance with applicable law.

5. Shipping and Delivery

We aim to process and dispatch orders within the timeframes outlined in our Shipping Policy.

All delivery estimates are provided as a guide and may be affected by courier operations, customs processing, public holidays, severe weather or circumstances outside our reasonable control.

Customers are responsible for providing accurate and complete delivery information at checkout.

If a parcel is returned to us due to an incorrect address, failed delivery or unclaimed collection, additional shipping charges may apply for redelivery.

Where an order is returned and remains unclaimed, cancellation and restocking conditions may apply as outlined in our Shipping Policy, subject to applicable law.

If an order is delayed, missing or damaged during transit, please contact us so we can assist with an investigation and any applicable remedy.

Our responsibility for delivery issues will be assessed in accordance with Australian Consumer Law and any other applicable mandatory consumer protections.

For full details, please review our Shipping Policy.

6. Intellectual Property

All content featured on our website, including our branding, logos, product descriptions, original photographs, graphics, website designs, educational content and marketing materials, is owned by The Lash Store HQ or used with permission from the relevant rights holders.

This content is protected by applicable Australian and international intellectual property laws.

You may not reproduce, copy, distribute, modify, republish, commercially exploit or otherwise use our protected materials without prior written consent, except where permitted by law.

The purchase of a product does not transfer ownership of any intellectual property associated with that product, its branding, design or related materials.

Our business name, logos, product names, slogans and original branding may not be used in a manner that falsely suggests endorsement, sponsorship or affiliation.

All rights not expressly granted are reserved by their respective owners.

7. Optional Tools

Our website may provide access to third-party applications, features or tools to enhance the shopping experience.

These tools may operate under their own terms, conditions and privacy policies.

While we aim to work with reputable providers, we do not control all aspects of third-party services and cannot guarantee their uninterrupted availability.

Your use of optional third-party tools is subject to the relevant provider's terms and any rights available under applicable law.

We may introduce, modify or discontinue optional tools and website features from time to time.

8. Third-Party Links

Our website may contain links to external websites, platforms or resources operated by third parties.

These links are provided for convenience or additional information and do not necessarily indicate endorsement.

We are not responsible for the content, security, accuracy or practices of third-party websites outside our control.

We recommend reviewing their terms and privacy policies before providing personal information or making purchases.

Nothing in this section excludes liability that cannot lawfully be excluded.

9. Relationship with Shopify

Our online store is powered by Shopify, which provides the technology and infrastructure used to operate our e-commerce Services.

When you interact with our website, certain information may be processed through Shopify's systems to facilitate browsing, checkout, payments and other store functions.

All purchases made through our store are transactions between you and The Lash Store Pty Ltd, trading as The Lash Store HQ.

Shopify is not the seller of the products purchased from our store and is not responsible for fulfilling our obligations as the retailer.

Your statutory rights in relation to purchases remain enforceable against the responsible parties in accordance with applicable law.

10. Privacy Policy

We respect your privacy and are committed to handling personal information in accordance with our Privacy Policy and applicable privacy laws.

When using our website, certain personal information may be collected and processed by us, Shopify and authorised service providers for purposes including order fulfilment, payment processing, customer support, website functionality, security and fraud prevention.

Information may be processed or stored in locations outside Australia where permitted by applicable law.

For more information, please review:

11. Customer Feedback and Reviews

We welcome genuine customer feedback, reviews, photographs and suggestions.

By submitting content to our website or other designated review channels, you confirm that the content is accurate to the best of your knowledge and that you have the necessary rights to share it.

You grant The Lash Store HQ a non-exclusive, worldwide, royalty-free licence to display, reproduce, share and use submitted feedback and reviews for business, customer information and promotional purposes, subject to applicable law.

You retain ownership of any intellectual property rights you hold in your original content.

We reserve the right to moderate or remove reviews and submissions that are unlawful, fraudulent, misleading, offensive, abusive or otherwise breach these Terms, subject to applicable law.

We do not permit fake reviews, impersonation, undisclosed incentivised endorsements or content that infringes another person's rights.

12. Errors, Inaccuracies and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, stock availability or shipping details.

We reserve the right to correct such information and update website content when necessary.

Where an error affects an order already placed, we will contact the customer where appropriate and manage any changes, cancellations or refunds in accordance with applicable law.

We are committed to displaying accurate and transparent product and pricing information.

13. Prohibited Uses

You agree to use our website and Services lawfully and responsibly.

You must not:

  • Use our Services for fraudulent, unlawful or malicious activities.
  • Infringe the intellectual property or privacy rights of others.
  • Submit false, misleading or deceptive information.
  • Harass, threaten, abuse or impersonate another person.
  • Upload or distribute viruses, malware or harmful software.
  • Attempt to gain unauthorised access to accounts, systems or protected information.
  • Interfere with website security, functionality or the experience of other customers.
  • Use our website to distribute unsolicited advertising or spam.
  • Copy, extract or commercially exploit protected website content without authorisation or another lawful basis.
  • Use automated systems to overload, disrupt or improperly extract information from our Services.

Legitimate search engine indexing and authorised automated access may be permitted, provided they comply with applicable law and our website's technical access restrictions.

We reserve the right to restrict or suspend access where there are reasonable grounds to believe these Terms have been breached.

14. Automated Agents and AI Tools

Automated systems, including software agents and AI-powered tools, may interact with our website where such access is permitted.

Automated access must comply with applicable laws, website security measures and relevant technical restrictions.

Automated tools must not:

  • Misrepresent their identity or purpose.
  • Circumvent security measures, access restrictions or CAPTCHAs.
  • Attempt to access restricted customer or business information without authorisation.
  • Interfere with website functionality or performance.
  • Conduct fraudulent transactions or unauthorised activities.

We reserve the right to monitor, limit or restrict automated access where reasonably necessary to protect website security, customer information and our business operations.

Automated access does not grant ownership or licensing rights over our protected intellectual property.

15. Termination

We may suspend or terminate access to our Services where there are reasonable grounds to do so, including serious breaches of these Terms, fraudulent activity, security risks or unlawful conduct.

Where appropriate and reasonably practicable, we may provide notice before taking such action.

Termination of website access does not automatically cancel an existing order or remove rights and obligations relating to completed transactions.

Any outstanding obligations, lawful payment requirements or provisions intended to survive termination will remain effective.

Nothing in this section limits rights available under applicable consumer protection laws.

16. Disclaimer of Warranties

We make reasonable efforts to ensure our website operates securely and that the information provided is accurate.

However, we cannot guarantee uninterrupted website access or that the Services will always be free from technical errors, maintenance interruptions or external disruptions.

Customers should follow all product directions, safety warnings, storage recommendations and applicable professional-use requirements.

To the extent permitted by law, we do not accept responsibility for losses resulting from misuse of products, failure to follow applicable instructions or circumstances outside our reasonable control.

Nothing in these Terms excludes or limits any guarantee, warranty, right or remedy that cannot lawfully be excluded, including those provided under Australian Consumer Law.

17. Limitation of Liability

To the maximum extent permitted by applicable law, The Lash Store HQ, its directors, employees, contractors and service providers will not be liable for losses or damages arising from circumstances beyond our reasonable control or from unauthorised or improper use of our Services.

We do not seek to exclude liability for losses that cannot legally be excluded, including liability arising from failures to comply with applicable consumer guarantees.

Where the law permits a limitation of liability, any such limitation will apply only to the extent permitted by that law.

Nothing in these Terms limits your entitlement to a refund, replacement, repair, compensation or other remedy where required under applicable consumer protection legislation.

18. Indemnification

To the extent permitted by law, you agree to indemnify The Lash Store HQ against reasonable losses, liabilities, costs or claims arising from your unlawful conduct, infringement of third-party rights or material breach of these Terms.

This obligation applies only to the extent that such losses are caused by your conduct and does not extend to losses caused by our negligence, unlawful conduct or failure to comply with applicable legal obligations.

Nothing in this section restricts rights or remedies available under Australian Consumer Law.

19. Severability

If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision will be severed to the extent required by law.

The remaining provisions will continue to apply, provided they can operate lawfully and independently.

Any applicable statutory consumer rights will prevail over conflicting contractual terms.

20. Waiver and Entire Agreement

Our failure to enforce any provision of these Terms at a particular time does not constitute a waiver of our right to enforce that provision in the future.

These Terms of Service, together with the policies and conditions referenced within them, form the agreement governing your use of our website and Services.

They supersede previous versions relating to website use, without retrospectively removing rights or obligations arising under an existing purchase agreement.

Nothing in this section excludes representations or obligations that cannot lawfully be excluded.

21. Assignment

You may not transfer or assign your account or obligations under these Terms without our prior written consent, except where permitted by law.

We may transfer our rights and obligations in connection with a legitimate sale, restructure or transfer of the business, provided that doing so does not unlawfully reduce your rights or remedies.

Any such transfer will be handled in accordance with applicable law.

22. Governing Law

These Terms of Service are governed by the laws of New South Wales, Australia, and applicable Commonwealth laws.

Any disputes arising from these Terms will be subject to the jurisdiction of the courts and tribunals of New South Wales, except where mandatory laws provide otherwise.

For international customers, nothing in these Terms removes any mandatory consumer protections that apply in the customer's country of residence.

23. Translations

These Terms of Service may be made available in languages other than English.

Where translations differ, the English-language version will be used as the primary reference to the extent permitted by applicable law.

Nothing in this section overrides mandatory language or consumer protection requirements.

24. Headings

Section headings are included for convenience and ease of reference only.

They do not alter or affect the interpretation of these Terms of Service.

25. Electronic Communications

By using our website or placing an order, you acknowledge that we may communicate electronically regarding your purchases and use of our Services.

Such communications may include order confirmations, invoices, shipping updates, customer service enquiries, returns information and important policy notifications.

Marketing communications will be sent in accordance with applicable consent and electronic marketing laws.

You are responsible for keeping your contact information accurate and up to date.

26. Changes to Terms of Service

We may update or amend these Terms of Service from time to time to reflect changes in our business operations, website features, legal obligations or policies.

The most current version will be available on this page.

Where required by law, we will provide notice of material changes.

Changes will generally apply from their stated effective date and will not retrospectively alter the terms of completed purchases unless permitted by law or agreed with the customer.

Your continued use of the Services following the effective date of updated terms constitutes acceptance to the extent permitted by applicable law.

27. Contact Information

For enquiries regarding these Terms of Service, please contact:

The Lash Store Pty Ltd

Trading as The Lash Store HQ or The Lash Store

Email: info@thelashstore.com.au

Website: www.thelashstore.com.au

Address: 24B Kiewarra Street, Kingsgrove NSW 2208, Australia

For additional contact details, please visit our Contact Information page.

Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.

Nothing contained in these Terms of Service, or any other policy published by The Lash Store HQ, excludes, restricts or modifies statutory consumer rights or remedies where doing so would be unlawful.