Terms & Conditions

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.

We are: Hospital Glamour Pty Ltd
Our address is: P.O. Box 136 Richmond Vic Australia 3121
You are: A visitor to Our Website / Our customer

  1. Definitions
    1. In this agreement:”Carrier” means any person or business contracted by us to carry Goods from us to you.
      “Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
      “Content” means any content in any form published on Our Website by us or any third party with our consent.
      “Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
      “Our Website” means any website of ours, and includes all web pages controlled by us.
      “Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
  2. Interpretation
    1. In this agreement unless the context otherwise requires:
    2. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
    3. These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
    4. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
    5. Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
    6. In this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
    7. The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
    8. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
    9. In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, [such cost calculated $50 per hour].
    10. These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
    11. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
  3. Our contract with you
    1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
    2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
    3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
    4. We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
    5. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
    6. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
    7. We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.
  4. Acceptance of your order
    1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
    2. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
    3. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
      a) accept the alternatives we offer;
      b) cancel all or part of your order.
  5. Price and Payment
    1. The price payable for the Goods that you order is clearly set out on Our Website.
    2. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
    3. If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
    4. The price of the Goods does not include the delivery charge.  Applicable delivery charges will be displayed on a page of Our Website before we ask you to pay.
    5. In the event of a refund, funds will be credited to the account used in the original transaction, 5 days from the date when we accept that a refund is due.
  6. Security of your credit card
    1. We take care to make Our Website safe for you to use.
    2. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
  7. Delivery and pick up
    1. Goods are delivered within 1-5 days from the day you place an order to purchase the Goods, depending on your state or territory.
    2. Deliveries will be made by the Carrier to the address stipulated in your order.
    3. If we are not able to deliver your Goods within 5 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
    4. Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
    5. Transit times given are not to be treated as contractual. We are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
  8. Foreign taxes and duties
    1. If you are not in the Commonwealth of Australia, we have no knowledge of, and no responsibility for, the laws in your country.
    2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
  9. Liability for subsequent defects
    1. We will repair or replace Goods which fail to comply with the provisions of the Competition and Consumer Act 2010 or which show a defect. If you claim that the item is defective, the following conditions apply:
      a) the defect must be reported to us within 14 days of becoming apparent;
      b) the defect results only from faulty design or manufacture;
      c) you have returned the defective Goods to us if we have so requested.
    2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
    3. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
  10. Goods returned
    1. These provisions apply in the event that you return any Goods to us for any reason:
    2. You must tell us by email to customercare@hospitalglamour.com.au  you that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
    3. Refund request must be advised within 14 days of purchase
    4. Item must be in original condition, unwashed, unmarked and unused. Original tags must be attached.
    5. In the event of a refund, funds will be credited to the account used in the original transaction, 5 days from the date when we accept that a refund is due.
  11. Disclaimers
    1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
    2. All the conditions, warranties or other terms implied by the law of any county other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
    3. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
    4. You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.
    5. You expressly agree that your use of, or inability to use, Our Website at your sole risk. Our Website and all Goods and services delivered to you through Our Website are 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.
    6. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
    7. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.
  12. User comments, feedback, images and other submissions
    1. If, at our request, you send certain specific submissions (for example contest entries, and award nominations) 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.
    2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
    3. 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.
  13. Security of Our Website
    1. If you violate Our Website we shall take legal action against you.
    2. You now agree that you will not, and will not allow any other person to:
    3. Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
    4. Link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
    5. Download any part of Our Website, without our express written consent;
    6. Collect or use any product listings, descriptions, or prices;
    7. Collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
    8. Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
    9. Despite the above terms, we now grant a licence to you to:Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

     

  14. Indemnity
    1. You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
    2. your failure to comply with the law of any country;
    3. your breach of this agreement;
    4. any act, neglect or default by any agent, employee, licensee or customer of yours;
    5. a contractual claim arising from your use of the Goods;
    6. a breach of the intellectual property rights of any person.
  15. Intellectual Property
    1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
    2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
    3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
  16. Miscellaneous matters
    1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
    2. Where we provide goods or without specific charge to you, then it is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
    3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
    5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    6. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail. It shall be deemed to have been delivered if sent by post to the correct address within 72 hours of posting.
    7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
    8. This agreement does not give any right to any third party.
    9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
    10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
    11. The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria.