Bella Brazilian Terms & Conditions

We, our, us, bellabrazilian.com and Bella Brazilian means  THE TRUSTEE FOR JENMARIE FAMILY TRUST Jenmarie Pty Ltd trading as Bella Brazilian ABN 92 780 796 487 and includes related companies, directors, employees and agents. You, your, customer and visitor means the person or customers using the website;

• These Terms and Conditions and our Privacy Policy consist of the entire agreement between us and you as regards the subject matter.
• Bella Brazilian provides access to the website bellabrazilian.com subject to the following terms and conditions. If you visit, login to, access or shop on bellabrazilian.com, you accept these terms and conditions. Please read them carefully and contact us if you have any questions.
• We reserve the right to revise these Terms and Conditions, our Privacy Policy and any other website terms and conditions (including but not limited to delivery/returns terms and conditions ) simply by publishing amended Terms and Conditions (or relevant material) online. We are under no obligation to provide you with notice of updated materials.
• These terms shall be governed by and construed in accordance with the laws of Queensland, Australia. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Queensland, and you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
• Any failure by Bella Brazilian to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
• These Terms and Conditions will be interpreted so they do not infringe any law or are not invalid. If any term infringes any law or is invalid, it will be read down so that it does not infringe any such or is not invalid. If this is not possible, the term will be severed from these Terms and Conditions without affecting the validity of the remaining terms.
• By using our website, you agree that you will only use the Site for lawful purposes and you must comply with all laws, statutes, ordinances and regulations which apply to you in relation to your use of our website.
• If you have any questions regarding our Terms and Conditions, Privacy Policy, or other policy-related material can be directed to our team by sending an email to salon@bellabrazilian.com

1. Privacy

Use of this website is subject to our Privacy Policy. Our Privacy Policy can be viewed here.

2. Electronic Communications

1. By placing an order online, you consent to receiving emails from us to complete the ordering process, e.g. to confirm your order and to provide fulfilment and delivery updates.
2. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Your Account

1. You must provide accurate and complete information about yourself when requested by a relevant form on this website.
2. You are responsible for maintaining the confidentiality and security of your account, password and computer. All activity made under your account is your responsibility.
3. Persons under the age of 18 may only use our website only with involvement of a parent or guardian.
4. You agree to indemnify Bella Brazilian from any loss or damage to Bella Brazilian arising from your use of bellabrazilian.com, any breach by you of these terms and conditions of use, or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory.

4. Medical information

1. This website contains information about common medical conditions and general treatments. This information is designed to provide general beauty information and is not exhaustive.
2. Information available on this site should not be used for diagnosing or treating a health problem or disease. Please see a healthcare practitioner and read the label before following any medical or health regime or before taking any medication or supplement. In the event of illness or the persistence of symptoms, the advice of your health care professional should be sought.

5. Reviews and Comments

1. We may allow visitors from time to time to post reviews, comments or other content, make suggestions or comments, providing always that such material must be posted from your genuine email address, may not be (in Bella Brazilian’s sole opinion) impersonating another person or entity, spam, political, illegal, offensive, obscene, threatening, defamatory, invasive of privacy, a breach of intellectual property rights, or otherwise damaging to any party. We reserve the right (but not the obligation) to remove or edit such content.
2. If you do post content or submit material, and unless we indicate otherwise, you grant bellabrazilian.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
3. You grant bellabrazilian.com and its associates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify bellabrazilian.com or its associates for all claims resulting from content you supply. bellabrazilian.com has the right but not the obligation to monitor and edit or remove any activity or content. bellabrazilian.com takes no responsibility and assumes no liability for any content posted by you or any third party.

6. Placing orders

1. In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on our website.
2. If we reject an order placed through our website, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
3. Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and send you an email confirmation of that order.
4. In certain circumstances, we may need to cancel your order after it has been processed and provide you with a full refund. This includes (but is not limited to) where we suspect the transaction has been made without the authority of the credit card holder.

7. Delivery of Products

1. After ordering online, you will receive an email confirmation from Bella Brazilian containing your order number, details of your order and a link to track its progress. However, on account of the nature of the internet we cannot guarantee receipt. Please add the Bella Brazilian email address to your email/device address book/contact list to ensure emails are not sent to junk mail or quarantined/rejected by spam software.
2. We use Australia Post to deliver our products. Australia Post will only deliver products ordered through our website, to locations within Australia.
3. All items purchased will be shipped to you in one parcel.
4. The delivery fee for your order depends on the option chosen at checkout.
5. You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order. If no-one is available to collect your order at the time that is delivered, Australia Post will leave written instructions on how you can collect your order from the nearest Post Office.

8. Payment Methods

1. We accept most major credit cards including Visa, MasterCard and American Express through PayPal. Please note that we do not accept other or international credit cards online.
2. Please provide your correct and exact billing address and telephone number – the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order.
3. Your payment will be processed as soon as your order is placed and you will be emailed a tax invoice as soon as you complete your online order. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfill your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.

9. Access and Restrictions on Use

1. We grant you a limited license to access this site for personal use. You may not modify, copy or otherwise deal with it without our express written consent.
2. We reserve the right to suspend or deny your access to any or all of the pages on bellabrazilian.com. We will not be liable to you or any other party for termination of access to our website.
3. We reserve the right to temporarily or permanently interrupt or disable some or all services on bellabrazilian.com at any time.
4. When accessing or using our website you must not use any device, software or routine to interfere or attempt to interfere with or disrupt the proper working of our website, servers or networks connected to our website, any information or material on our website or any activity conducted via our website;
5. When accessing or using our website you must not take any action which imposes an unreasonable or disproportionately large load on our website’s infrastructure; attempt to gain unauthorised access to our website or computer systems or networks connected to our website through any means.
6. When accessing or using our website you must not access or attempt to access personal data about other users, including e-mail addresses.

9. Links

1. You must not establish links on any other site to the www.bellabrazilian.com URL or any other part or parts of our website without Bella Brazilian’s prior written consent. Bella Brazilian may withhold its written consent at its discretion.
2. If you would like to link to our website, or be linked from our website, please contact our team at salon@bellabrazilian.com and request a Linking Agreement.

10. Intellectual Property

1. All material on site and that subsisting under it (including but not limited to text, images, data and software) is our property, or that of our suppliers, and is protected by intellectual property laws.
2. You may not use our trade marks in connection with any product or service that is not our, in any manner that is likely to cause confusion, or in any way that disparages or discredits us.
3. All other trademarks not owned by Bella Brazilian or its related companies that appear on this site are the property of their respective owners.
4. You may not frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
5. You may not in any way commercially exploit any material obtained from bellabrazilian.com.
6. The content of our website may be viewed online by you and may be reproduced in hard copy only for your own personal, non-commercial and non-public use. You must not modify, copy, reproduce, republish, frame, distribute or otherwise communicate any text, images or software other than as expressly provided in these terms and conditions or by the Copyright Act 1968 (Commonwealth).

11. Third Party Websites

The Bella Brazilian website contains links to other websites controlled by third parties (Third Party Websites). Bella Brazilian is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third-Party Websites.

Bella Brazilian makes no representations about the quality or accuracy of material available on Third Party Websites or that such material does not infringe the intellectual property rights of a third party.

Updates of pricing on Google search results for Bella Brazilian products may be delayed, call us for current pricing.

12. Warranties and limitations of liability

1. This website is provided ‘as is’ and Bella Brazilian excludes all warranties of any kind to the fullest extent permissible by law. Bella Brazilian does not guarantee the accuracy or completeness of the website, any information or content on it, or that it is free of defects or viruses.
2. To the extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of this website or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you.
3. Nothing in this clause is intended to modify any non-excludable statutory rights associated with the sale of products to consumers.

13. Limitation of Liability

You use any information provided on our website, and any other linked to it, at your own risk. All information is provided ‘as is’ without any express warranties of any kind. Except for liability under the Trade Practices Act 1974 (Commonwealth) and any other legislation dealing with similar issues, Bella Brazilian expressly disclaims any warranties or representations as to the accuracy or completeness of the contents of our website, and expressly disclaims any implied warranties of merchantability or fitness for a particular purpose; and Bella Brazilian will not be liable for loss or damages of any kind, including direct, indirect, consequential or special damages, lost profits, lost data, or loss of management time which may arise out of, or result from, reliance on or use of this information, whether or not caused by any negligent act or omission.

To the extent that Bella Brazilian is able to limit the remedies available, this document expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (at Bella Brazilian’s option):

1. in the case of goods: the replacement or repair of the goods, the supply of equivalent goods; the payment of the costs of replacing or repairing the goods or acquiring equivalent goods; and
2. in the case of services: resupply of the services; or the payment of the cost of having the services resupplied.

14. Indemnity

You must continually indemnify Bella Brazilian against any action, liability, claim, loss, damage, proceeding, expense and cost (including legal costs) (‘Claim’) suffered or incurred by Bella Brazilian arising from, or which is directly or indirectly, related to your:

1. breach or non-observance of any term or condition in this document; or
2. violation of any applicable law.

This includes all Claims arising from any information which you provide to Bella Brazilian in connection with your use of our website. In relation to a Claim, Bella Brazilian may require you to conduct the defence, at your cost, including negotiations for settlement or compromise prior to the institution of legal proceedings. You must comply with any requirement notified to you in accordance with this clause.

15. Queries

If you have any queries regarding our Terms and Conditions, Privacy Policy, or other policy-related material can be directed to our support staff by sending an email to salon@bellabrazilian.com