Website and Ecommerce
Website and Ecommerce
Tribe Lifestyle is home to our Tribe Lifestyle website (the “Tribe Lifestyle Site” or the “Site”). Tribe Lifestyle (“Tribe Lifestyle Online”, “we”, “us” or “our”) 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. Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you consult such terms and conditions.
2. ABOUT Tribe Lifestyle SITE
Tribe Lifestyle Online in Australia is operated by Tribe Lifestyle Salons and Luc Espace (ABN 57722067868)
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under Australian law you must: (a) be aged 18 or older; and (b) register on the Site; and (c) be the holder of a valid debit/credit card or Paypal account.’
This contract shall be conducted in English.
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.
6. PRODUCTS AND SERVICES FOR PERSONAL USE
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. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
7. PURCHASE RELATED POLICIES AND PROCEDURES
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), view our Customer Service web page.
8. ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
9. 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 Site by clicking on the Submit button at the end of the online order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card or Afterpay account. This is not an order acceptance from Tribe Lifestyle Online.
Unless we have notified you that we do not accept your order or you have cancelled your order, 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 return policy and procedure.
If you require any information regarding your order(s) please contact Customer Service on the following number (open 9am – 5pm, Monday to Friday) (02) 9410 1033.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
You may pay using any of the methods specified in the payment section of the Site. You confirm that the credit or debit card, Paypal or Afterpay account that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
11. ONLINE RETURNS & EXCHANGES
We hope that you are delighted with your order. However, if for any reason you are not entirely satisfied, you may return any item in its original condition and at your own expense, to exchange products or for a refund less the original cost of shipping. Returns and exchanges must be made within 14 business days of delivery.
Refunds and Exchanges will be processed within 2-3 business days upon receipt. Refunds (excluding the initial delivery charge) will be made against the original debit/credit card, PayPal or Afterpay account used.
We cannot accept returned goods that we reasonably believe have been used or damaged. In such circumstances, we will notify you that no refund will be available and will return such goods to you within 28 days of our notification.
The Returns Process
STEP 1. – Please email our Customer Service team – email@example.com.
Please forward us your order number or order confirmation email and include the reasons for your return or exchange and indicate whether you require a refund, exchange or replacement. Please note that we cannot accept returned goods that we reasonably believe have been used or damaged by you.
STEP 2. – Return the Product
Goods must be returned to us in their original condition within 14 working days of delivery. Please ensure that the returned parcel is properly sealed, and that you have included your Delivery Note.
STEP 3. – Processing the Refund
Refunds and exchanges will be processed within 2-3 days of receipt. Exchanges will be sent via standard shipping. Please allow 7-10 business days for delivery. You will receive a confirmation email notification or phone call from our Customer Service Team.
We reserve the right to cancel any order due to unauthorised, altered or ineligible use of offer, and to modify or cancel any promotion due to system error or unforeseen problems. Other restrictions may apply.
12. DAMAGED / FAULTY / INCORRECT ITEMS
If the goods you receive are damaged or faulty in any way, or not what you originally ordered we will be happy to exchange the items or offer you a refund.
Please follow the returns procedure above.
This policy is only applicable to purchases made online; we are unable to process returns for purchases made within a partnered retail location.
Returns for purchases made online will not be accepted for return or exchange at an Tribe Lifestyle salon or store. Your statutory rights remain unaffected.
13. TITLE TO GOODS
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
14. 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. Please note we are only shipping to addresses inside Australia at present. See Shipping information section of the Site.
Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party. As a guide please allow 7-10 days for delivery. If you haven’t received your order within 14 days of placing it – please contact us at firstname.lastname@example.org so we can follow it up. If you fail to contact us within 40 days of placing your order, we will not be able to follow this up with the appropriate third party carrier.
If mail is uncollected by the recipient or the address is incorrectly supplied by you and the order is returned to us, you will be liable to pay the full postage fee including the return to sender cost, for us to resend your order. If you wish to have your order refunded and not re-sent, we will refund you the cost of the goods minus postage paid plus the return to sender cost.
16. 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, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
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 (open 9am – 5pm, Monday to Friday) (02) 9410 1033 or email email@example.com
17. INTELLECTUAL PROPERTY
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organisation thereof (collectively, the “Content”) is the property of Tribe Lifestyle Online, our affiliates, partners or licensors, and is protected by Australia and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 18 below, or as required under applicable law, neither the Content nor any 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 express, prior written consent.
18. LIMITED LICENSES
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: (a) frame or utilise framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilising any and/or all Content; or (g) 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. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of 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 controversial or illegal or inappropriate for any 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; and (vi) 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 and cease any linking unless separately and expressly authorised in writing by us to resume linking.
Any unauthorised use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions .
19. YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Tribe Lifestyle Online, our affiliates, partners or licensors.
20. YOUR ACCOUNT
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Service on the following number (open 9am – 5pm, Monday to Friday) (02) 9410 1033 or email firstname.lastname@example.org
Alternatively, you can update your details through the “my account” page. You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.
Your account can be cancelled at any time by contacting Customer Services on the following number (open 9am – 5pm, Monday to Friday) (02) 9410 1033 or email@example.com
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Tribe Lifestyle Online’s best interests to do so.
21. THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites 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-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites 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 websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
22. SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
If you make a Submission, you represent and warrant 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 email 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 any claims to any rights in any Submission or any damages arising from any Submission.
24. USER CONTENT
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 11 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
25. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
THE SITE IS PRESENTED “AS IS.” 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, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT 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. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING 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. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED STERLING AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED WHICHEVER IS GREATER. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If you wish to complain about any matter in respect of the goods please contact Customer Service on the following number (open 9am – 5pm, Monday to Friday) (02) 9410 1033 or email firstname.lastname@example.org.
Your use of this Site and any purchase by you of any goods from Tribe Lifestyle Online shall be governed by Australian law and the parties hereto submit to the exclusive jurisdiction of the Australian courts.