MBI Jessica Cosmetics Established 2013

General Terms & Conditions

Terms and Conditions relating to the products and services provided by Masters Beauty International Pty Ltd, trading as MBI Jessica Cosmetics or Jessica Cosmetics Australia and subsequently referred to as “MBI”.

Product Shipping, Returns & Storage

  1. Product Returns
     

    • Products will only be accepted for return or exchange (unless faulty or damaged) if they are in “As New” condition, are current inventory and are deemed fit for re-sale. Any decision to accept a return and the value assigned to a returned product is at the sole discretion of MBI.
    • “As New” is defined as unopened, unmarked and with the original product packaging which must also be undamaged and unmarked. The item must be fit for re-sale by every measure.
    • Products returned for any reason whether faulty, damaged or serviceable will only be accepted if the return is initiated within seven (7) days of receipt of product. Where the damage or fault could not be reasonably identified on receipt of a product, MBI will accept returns beyond the seven (7) day deadline at our discretion.  In all cases where a return is accepted, products are normally exchanged on a like for like basis.
    • Re-Stocking Fee – A handling and re-stocking fee of $20 per return invoice will be applied with the exception of those products deemed as faulty or damaged.
    • Freight – Shipping costs associated with returning products are the responsibility of the purchaser. Where a product is deemed faulty or damaged, MBI will pay for or re-imburse shipping costs, provided proof of such costs is supplied.
    • Account Management – Clients and Consumers will be credited with an exchange or return only when the product/s have been receipted and processed at our warehouse. Confirmation of a return will be provided by issuing a new invoice which will provide details of the return, all associated credits and charges and any amounts owing.
    • Products must be returned to: 4/4 Pambalong Drive, MAYFIELD WEST, NSW 2304.
  2. Shipping
    • Shipping Times – MBI utilises 3rd party courier services for the delivery of orders. Orders are generally shipped on the day of order or the following business day. Delivery times vary depending on your location. Generally this varies between 1 – 5 business days but may be longer to regional areas, Western Australia, Northern Territory & Tasmania. You can refer to the following website to obtain an estimated delivery date: ESTIMATE OF DELIVERY TIME
    • Couriers & Delivery of Orders – MBI takes no responsibility for shipments once they leave our warehouse. Orders that are shipped by 3rd party couriers or delivery services such as Australia Post become the sole responsibility of the courier/delivery service that is engaged to ship the order.
    • A tracking number and estimated delivery date will be forwarded to the client on shipment of orders. It is the responsibility of the client to ensure their order arrives in the stated time period.  Where an order is late, the client must immediately notify both the courier service and MBI.
    • Whilst MBI will assist in tracking lost goods, replacement is at the discretion of the provider of the courier service. Note that an excess may apply to claims for lost goods which must be paid by the customer before a replacement order will be shipped.
    • MBI cannot be held liable for any loss or damage caused by the non-delivery of orders.
    • Orders cannot be delivered to PO boxes.
    • You may request express shipping by contacting: EMAIL TO UPGRADE SHIPPING however additional charges will apply.
    • Back Order Items – Items shown on your invoice as Back-Order are generally not included in the invoice total (unless payment was received in advance).
    • Back-order items will be sent to you and invoiced when they become available. The Client or Consumer must ensure any back-order item is cancelled if you no longer wish to receive it.
  3. Product Storage
    • The useful life and performance of products is directly related to the conditions by which they are stored and/or handled. In general all products should be stored in a manner that prevents exposure to the following conditions; heat, ultraviolet radiation, humidity, freezing temperatures, cross contamination with other products and dust contamination.
    • For ultraviolet (UV) sensitive products such as GELeration system products, it is extremely important to ensure that products are not exposed to levels of UV light greater than a typical internal room. This includes direct or reflected sunlight, extremely bright or unshaded areas and within close proximity to UV or LED Lamps
    • In addition, once opened or in service, products and/or containers should be cleaned after each use paying particular attention to ensuring bottle tops and lid threads are free from product and will form a proper seal when replaced on the container.
    • Many consumable products are marked with a “Shelf Life” symbol which provides an indication of the expected shelf life of the product once opened. This is not a guarantee of shelf life and is entirely dependent on many factors including, but not limited to, those mentioned in this clause.  MBI will not warrant any product based on the indicated shelf life.
    • To be eligible for exchange or return, consumable products must be stored in accordance with the requirements of this clause and will undergo an inspection on return to verify these requirements have been met.
  4. Testers
    • MBI offers testers for some products at a discounted rate to salon and professional clients. Testers are provided under a “fair go” policy whereby the client must purchase at least 1 full price unit to receive 1 discounted tester.
    • Tester stock is supplied without the retail packaging.
    • Testers are NOT to be sold as retail open stock. Any client found to be re-selling testers will be barred from purchasing testers in the future.
    • MBI reserves the right to limit the number of testers purchased at any time and by any client.

Business Credit Accounts

  1. Privacy Notice
    • We collect your personal information so we can assess your application for a Business Credit Account. We will be unable to assess your application or provide you with access to a Business Credit Account without this information.  Your details will not be disclosed to third parties unless otherwise stated in the Business Credit Account – Terms and Conditions for the purposes of assessing your application.
  2. The Contract
    • The Professional Client (hereon in called the “Client”) has read and understood, and agrees to these terms and conditions for the establishment, operation and use of a business credit account (“Account”). The execution of the application for an Account (“Application”) constitutes an offer for the Client to acquire and use an Account under the terms and conditions set out in this document.  If Masters Beauty International Pty Ltd (MBI) approves the Application, such approval will constitute acceptance of the offer and will create a contract between MBI and the Client under these terms and conditions (“Contract”).
  3. Credit Enquiries
    • For the purposes of considering the Application, and at any time during the term of the Contract, the Client authorises MBI to make such enquiries as MBI may require to be satisfied as to the credit worthiness of the Client. The Client agrees to provide signed written authorities addressed to the Client’s banker or other credit providers, credit bureaus or mercantile agencies as MBI requires from time to time.
  4. Governing Law
    • The Contract is made in the state in which the Client operates their business and is governed by the laws in force in that state.
  5. Credit Limit
    • MBI specifies the maximum (GST inclusive) amount that may be charged to the account at any given time (“Credit Limit”). The Client’s Credit Limit is subject to review at any time by MBI.  MBI may, on request in writing by the Client, agree in writing to increase or decrease the Credit Limit.  MBI is not responsible for any loss or damage whatsoever or howsoever caused arising from the refusal by MBI to supply the Client with any products or services on credit because the Credit Limit has been exceeded.  The Client agrees to immediately pay the amounts charged to the Account for any products or services supplied by MBI in excess of the Credit Limit, whether or not demand has been made by MBI.  The parties agree that if prior to formally approving credit, MBI grants the Client time to pay for any goods or services supplied, it does so on these terms and conditions.
  6. Terms of Payment
    • The Client agrees to pay MBI according to the terms of credit (e.g. Cash On Delivery, 7, 14, 21 or 30 Days) as specified on the tax invoice, for the amounts set out in the tax invoice.
    • Payment for the amount set out in all invoices shall be in Australian Dollars (AUD) unless specifically noted otherwise on the invoice.
    • Tax invoices are posted with the shipment of goods, and by email notification, to the Client at the addresses specified by the Client. This is sufficient notice of the amount due under the Account.
    • Where the Client has defaulted on their payment obligations under this Contract, any amounts owing by the Client to MBI in connection with this Contract may be deducted from any fee payable by MBI under any other contract.
    • Late Payment Fee – where the Client has defaulted on their payment obligations under this contract for a period not less than 14 days (past the agreed payment term), a late payment fee of $20 may be charged to the Clients account balance.
    • Interest on Overdue Balances – following the application of a Late Payment Fee, MBI reserves the right to charge interest on outstanding balances that exceed the payment terms specified in the Account at the rate of 24% per annum and calculated daily.
    • Timely Payment Obligation – MBI can only offer credit if Account payments are made on time. If payment cannot be made on time, you MUST contact us to arrange resolution as soon as practicable.
    • Debt Recovery – Costs associated with recovery of unpaid debts will be passed onto the client. This can be as much as 45% (or higher) of the outstanding amount depending on the age of the debt.
  7. Professional Account Operation
    • Opening a Credit Account – A Client may elect to operate a Credit Account once the following conditions have been met:
      • An opening order of greater than $500 is purchased and paid, or
      • The Client purchases at least $1,500 in any 3 month period, and
      • The Client completes a Credit Account Application.
    • Clients that do not meet the conditions of the clause above and/or have their application for a credit account rejected will be required to pre-pay all orders before shipment.
    • Cash On Delivery (COD) Terms – If your payment terms are COD, the tax invoice falls due on receipt of the goods despite the invoice date being recorded as the date of shipment.
    • Overdue Invoices – In the event any amount remains outstanding beyond 30 days of the Due Date, MBI reserves the right to take any and all reasonable action to recover the outstanding amount and insist that ALL future orders are pre-paid before shipment.
    • Transaction Errors – Any complaints made by the Client that a transaction recorded on the Client’s tax invoice or Account statement is incorrect, must be advised to MBI in writing within seven days of the issue of the tax invoice/Account statement. If this does not occur, the transaction recorded in the tax invoice/Account statement is taken to be correct.  If part of the amount set out in the tax invoice/Account statement is in dispute, the Client agrees to pay the undisputed amount within the time period specified on the tax invoice.
  8. Security for Performance of the Contract
    • Bank Guarantee – The Client may be required to provide MBI (either prior to the approval of the Account or during the term of the Contract), a bank guarantee in a form acceptable to MBI, to secure the Client’s performance of the Account.
    • Other Forms of Security – As a term of its approval of the Account (or at any time during the term of the Contract), MBI may require the Client to provide other security for performance under these terms and conditions.
  9. Client Account Termination/Suspension
    • MBI may, in its sole discretion and without requiring any reason to do so, at any time, suspend or terminate the Client’s Account on seven days written notice to the Client.
    • The Client acknowledges that MBI may suspend or terminate the Contract immediately (with or without written notice) if:
      • MBI was induced by fraudulent misrepresentation on the Client’s part to approve an application for any account with the Client, or
      • the amount charged to a Client’s Account exceeds the Credit Limit at any time without prior written approval of MBI, or
      • any amount charged to the Account is due and unpaid (amounts disputed in accordance with clause 6.4 are not considered due until the dispute is rectified), or
      • in the opinion of MBI any change in circumstances, including without limitation, changes in the Client’s constitution, ownership, membership, control status or ability to provide security for payment of amounts which have or are likely to be charged to the Account, makes the continuance of the Contract undesirable or unsatisfactory, or
      • the Client becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; the Client being a partnership dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;  the Client being a natural person, dies;  or the Client ceases or threatens to cease conducting business in the normal manner, or
      • the Client uses the Account for any non-commercial purposes including, without limitation, for personal, domestic or household purposes, or
      • the Client is otherwise in default under this Contract.
    • If MBI suspends or terminates the Account under either clauses above, the balance of the Account and any amounts incurred but not then billed are immediately due and payable by the Client to MBI. The Client must pay to MBI any amounts reasonably incurred or expended by MBI in exercising its right under the Contract as a result of default by the Client or as a result of any circumstance referred to in clause 9.
  10. Client Account Due Definitions
    • CURRENT – amounts owing fall into the agreed credit period of COD, 7, 14, 21 or 30 days.
    • 30 DAYS OVERDUE – amounts owing are between 0 & 30 days overdue.
    • 60 DAYS OVERDUE – amounts owing are between 30 & 60 days overdue. Payment must be made as soon as possible.  Accounts may be put on CREDIT HOLD after 60 days.
    • 60+ DAYS OVERDUE – amounts owing are seriously in arrears and MUST be paid immediately. Failure to do so WILL result in temporary or permanent CREDIT HOLD AND/OR Account cancellation.
  11. Hire Purchase Agreements
    • Hire Purchase may be offered to the Client in the following circumstances:
      • Where a purchase amount exceeds $1,000.
      • Where the Account Credit Limit will be exceeded.
    • Only 1 Hire Purchase Agreement can be in force per client at any one time.
    • Specific terms and conditions may be applied to individual Hire Purchase Agreements. These additional terms and conditions will be documented on the Hire Purchase Agreement.
    • A deposit of approximately 40% (or otherwise determined by MBI) will be payable before a specific agreement comes into force.
    • Orders will not be processed until such time as the deposit has been received by MBI.
    • All and any overdue amounts will attract interest charges of 24% p.a. calculated daily and charged to the account each month end.
    • In the event any amount remains outstanding beyond 30 days after the Final Payment Date, MBI reserves the right to take any and all reasonable action to recover the outstanding amount or repossess products.
    • Weekly payments must be done via scheduled bank transfer or by providing MBI with a valid credit card number that will be billed on each payment date.
    • This agreement is ONLY VALID for the Invoice numbers stated in the agreement. Any additional purchases shall be paid under normal trading terms unless a new Hire Purchase Agreement is issued by MBI.
  12. Indemnity
    • The Client indemnifies MBI against any liability, loss, costs, charges and expenses MBI suffers in connection with the Contract or the Account.
  13. Warranties
    • The Client warrants that:
      • all statements made and documents provided in connection with the Application and all representations that the Client has made or may make during the term of the Contract to MBI are true and correct, and
      • the Account is required for the Client’s business or commercial purposes and will not be used for personal, domestic or household purposes.
    • The Client acknowledges that MBI relies on the correctness of these warranties in approving the Application and continues to rely on these warranties in its dealings with the Client.
  14. Notice
    • Notices served under the contract of Account may be delivered by post or by email to:
      • The Client – at the postal or email address provided in the Application or notified in writing by the Client to MBI in accordance with clause 15.
      • Masters Beauty International Pty Ltd – at the postal or email address as advised to the Client in the approval.
    • Notice is taken to be given:
      • In the case of ordinary post, in accordance with Australia Post’s published delivery standards for postal articles between the place of posting and the place of receipt, or
      • In the case of email, the business day following the date of transmission provided that the sender has received a receipt confirmation.
  15. Changes in Address and Other Particulars
    • The Client must notify MBI within seven days of any change in the constitution, ownership, membership or control of the Client, or any change or proposed change in the Client’s address. Despite the occurrence of any of these changes, the Clients obligations under the Contract and Account
    • Nothing in this clause affects MBI’s right to terminate or suspend the Account under clause 9 or to refuse the Client (or successor) approval to operate a new Account.
  16. Variation
    • MBI may vary the terms and conditions of the Account with respect to future transactions between MBI and the Client:
      • By agreement between MBI and the Client, or
      • Unilaterally by MBI giving to the Client not less than seven days prior written notice specifying the variation and the date on which the variation becomes effective.
    • Notice of the variation under this clause need not be sent separately and may be sent with the Client’s statement of account or as part of any other correspondence.
  17. Client Account Assignment
    • The Client must not assign the Account without the consent in writing of MBI which it may withhold in its absolute discretion.
  18. Waiver
    • Failure by MBI to enforce its obligations under the Contract does not constitute waiver of MBI’s rights unless it is in writing, nor does it affect the obligation of the Client to make any further payments as and when they fall due.
  19. Authority to Execute Contract
    • The person/s signing a Business Credit Account Application warrants that he/she is duly authorised by the Client to apply for credit and execute the Application on the Client’s behalf.

Gift Vouchers

  1. Gift Voucher Terms and Conditions
      • The following terms and conditions are in place for the issue and use of Gift Vouchers issued by MBI.
      • Gift Vouchers:
        • Can be redeemed by presenting to a company representative, by contacting us at admin@jessicacosmetics.com.au or over the phone on 1300 470 648.
        • May only be used to redeem goods from the current MBI inventory.
        • Are not valid for goods on sale or otherwise discounted, such as package deals.
        • Can only be redeemed by the person shown on the front of the voucher or an authorised representative of the organisation shown.
        • Are NOT TRANSFERRABLE to any other individual or organisation.
        • Must be redeemed on or before the “valid until date” shown on the front.
        • Cannot be redeemed for cash or services.
        • Are redeemable in whole or part. Any remaining balance on your gift voucher may be used again within the original validity period.
        • With any unused balance will not be refunded or credited when the gift voucher expires.
        • Can only be redeemed when making an order and can only be redeemed up to 50% of the order value for Professional Clients.
        • Value includes GST.
        • Which are lost or stolen may not be replaced or refunded.
        • Products or services obtained through a Gift Voucher are subject to all other MBI terms and conditions.

Online e-Commerce Promotions & Sales Discounts

  1. Promotional Codes Terms and Conditions
    • The following terms and conditions are in place for the issue and use of E-Commerce Promotional Codes issued by MBI.
    • E-Commerce Promotional Codes:
      • Can be redeemed by entering the published promotional code during check out at www.jessicacosmetics.com.au.
      • Are not valid for goods on sale or otherwise discounted unless specifically configured as such.
      • Can only be redeemed during the promotional period.
      • Cannot be redeemed for cash or services.
      • Are not redeemable in part.
      • May be subject to minimum order value or quantity as published.
      • Lost or stolen promotional codes may not be replaced or refunded.
      • Products and services obtained through an e-commerce promotion are subject to all other Masters Beauty International Pty Ltd terms and conditions.
  2. Sales Discounts Terms and Conditions
    • The following terms and conditions are in place to cover online sales discounting used by MBI on our e-Commerce platforms.
    • From time to time MBI will discount products displayed in our e-Commerce store.
    • Sales prices are only valid whilst displayed in our e-Commerce store.
    • Sale prices are only valid on stock currently held on inventory and nil stock or “sold out” items cannot be back-ordered at the sale price.
    • Sale prices displayed in our e-Commerce store are ONLY valid through online purchases. MBI will not transfer discount prices to orders placed directly with us through other sales channels.
    • All pricing, regardless of sales channel, is at the discretion of MBI and where any doubt exists the published price in the current MBI price list will prevail. A current price list is available from MBI at any time.
    • Where a mistake is made with online pricing due to errors or other causes reasonably beyond our control, MBI cannot be held responsible for any inconvenience or loss and the published MBI price list will prevail.

Specific Discount Coupons

From time to time, MBI will release discount coupons or codes that can be redeemed during e-commerce purchases on our website.

For every coupon or code released by MBI, the following information will be provided in the associated promotional and marketing materials and will constitute the applicable terms and conditions:

  • Coupon Name or Code – the unique name by which the promotion is identified and the specific code, where one is issued.
  • Coupon Value – the dollar value, percentage discount or added value specific to that coupon or code.
  • Dates Valid – the start and end date of the promotion.
  • Limiting Conditions – what limits apply such as number per customer or minimum order value etc.
  • Other Conditions – any additional conditions that relate specifically to the promotion.

All other MBI terms and conditions apply, even where not explicitly stated in the promotion and marketing materials.

Online Reward Points

  1. Earning Reward Points
    • Online purchases will earn Reward Points based on the following actions:
    • Account Sign-up – new account holders will be awarded a set number of points.
    • Product Purchase – points will be awarded during checkout based on the combined cart total,but excluding shipping charges, at the current earning rate.
    • Product Review – each product review will be awarded a set number of points provided the review is 3, 4 or 5 stars. Any points awarded for reviews of 1 or 2 stars will be subsequently deleted from the users account.
    • Multiple Reviews – although a user may submit multiple reviews against a single product, MBI reserves the right to approve and accept each review. In particular, mutliple reviews submitted on a single product over a short time-frame will not be viewed favourably and are likely to be rejected.
    • Product Review Limit – although there is no limit to the number of product reviews an account holder can submit, any points awarded after more than 5 reviews in any given calendar month will be subsequently deleted from the users account. Therefore the maximum points you can earn for product reviews in any calendar month is 5 x points per review.
    • Product Review Approval – product reviews are subject to approval before being displayed. MBI reserves the unconditional right to remove or delete reviews that are inappropriate, biased, incorrect, duplicated or otherwise unfairly discredit MBI or our products and services.
    • Points per Action – the number of points awarded will be set from time to time as determined by MBI and will be displayed during the relevant action i.e. Sign-up, Purchase, Birthday or Review.
    • Birthday – To receive Reward Points on your birthday, you will need to enter this information via the Reward Points Launcher located at the bottom left of screen (GOLD BUTTON). The date you enter is stored securely and we CANNOT see this information, as such your birthday remains a secret.
    • Fair Go & Foul Play – Any attempt to “game” the Reward Points system by manipulating data will result in cancellation of your account and removal of your Reward Points balance.
  2. Redeeming Reward Points
    • Standard freight charges will apply when redeeming reward points. Freight charges cannot be redeemed using reward points.
    • The account holder has the option to choose the amount of points to redeem from their balance. A user may redeem from 0 points up to their account balance, AND ONLY up to a maximum of 50% (half of) the cart total (not including shipping charges).
  3. General Conditions
    • Points expire 12 months after they are awarded. You will be notified via the email address in your account information approx. 4 weeks prior to any points expiry.
    • Products obtained through this promotion are subject to all other MBI terms and conditions.
My Reward Points