Terms & Conditions

Companies

Aphelia Cosmetology Pty Ltd (AUST), Aphelia Cosmetology LLC (USA), Aphelia Cosmetology Limited (UK)

Welcome to the www.Apheliacosmetology.com (the “web site” )

Aphelia (“Aphelia Cosmetology”) provide the content and services available on the web site to you subject to the following terms and conditions, (collectively, "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.

 The following terms and conditions, along with site policies such as the Privacy Policy and other customer service policies, govern the use of the website or any other owned websites by TCM Cosmetology LLC (the “owner”) and constitute the entire agreement between the contracting parties. By browsing the site or placing an order, you agree to be bound by the conditions listed below as amended from time to time.

All products available on the website, and any samples we may provide to you, are for personal use only. You may not sell or resell any of the products or samples that 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 provided to you that we believe may result in the violation of our Terms and Conditions.

You’re Licence to Use this site (or referred to as website) owned by TCM Cosmetology LLC (further referred to as “owner’)

Aphelia Cosmetology and its website owner grant you a personal, limited, non-exclusive and revocable license to access and make personal use of this site. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of TCM Cosmetology LLC.

Applicable Law & Jurisdiction

The Aphelia Cosmetology websites are created and controlled in Queensland, Australia by Aphelia Cosmetology Pty Ltd under license granted by the owner. All purchases are subject to the laws of the Commonwealth of Australia, United States of America and United Kingdom. By using this site you submit to the jurisdiction of the courts of the mentioned countries and agree that any legal action will only be commenced in these forums by choice of any Aphelia Cosmetology company or the websites owner.

Capacity to Contract

Orders can only be placed with the website by persons who are over the age of either 18 or 21 as legislated in your state of residence.

Review of Terms

All terms and conditions are subject to change from time to time without notice. Each order or transaction will be governed by the terms and conditions in force upon the date of that transaction.

Copyright

All content included on this site (including look and Feel), such as text, graphics, logos, button icons, images, video clips, and audio clips, digital downloads, data compilations, and software, is the property of the owner or its content suppliers and protected by Australian, United States , United Kingdom and International copyright laws. The compilation (meaning the selection, coordination and arrangement) of all content on this site is the exclusive property of the owner and is also protected by Australia, United States, and United Kingdom and International copyright laws. The content on this website may be used by you as a shopping and/or information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this website is strictly prohibited. TCM Cosmetology maintains a copyright piracy surveillance program and vigorously prosecutes copyright infringement.

Trade Marks

Aphelia, associated trademarks and logos and logo are trademarks of Nemesis Biotechnology Ltd fully licensed to TCM Cosmetology LLC. Nemesis Biotechnology Limited has registered and filed applications to register its trademarks in many countries worldwide. Aphelia trademarks and trade dress may not be used in connection with any product or service that is not Aphelia Cosmetology or TCM Cosmetology approved, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aphelia. All other trademarks not owned by Aphelia Cosmetology, TCM Cosmetology or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name

We do not allow third parties to use the Aphelia Brand Elements unless they have either received prior written permission from us.

If permission is granted you must ensure that you adhere to these Trade Mark Guidelines or any other guidelines issued by us from time to time, for example, in relation to the size, color scheme, typeface and prominence of the Aphelia Brand Elements.

 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. 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 others to engage in , uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

You acknowledge that should you or any third party create such user content on the website or its related websites it is a violation of the terms and conditions of the website which will cause immediate termination of accounts without prior notice.

 Shipping

The Aphelia can only ship to a limited number of countries that are listed on the site under shipping information. To discuss shipping to a country not listed here please email us at customerservice@apheliacosmetology.com Aphelia, the website or its owners are not responsible for customs charges and restrictions that vary from country to country and result from the importation or certain products. The purchaser remains responsible for all charges and fees incurred.

Confirmation of Order

All orders placed are an offer of purchase and are subject to acceptance by Aphelia Cosmetology and its owner. If an order is not accepted, a full refund will occur at the earliest possible convenience. The website or its owner reserves the right to refuse an offer for any reason.

Payment

The website or its owner is under no obligation to ship any goods ordered until payment for those goods has been received. In the event of the requested goods being unavailable Aphelia Cosmetology may cancel the transaction and affect a full refund.

Purpose of Goods

Upon purchase of goods, the buyer agrees to use the products only for their intended purpose. Any other use will cause the buyer to assume full responsibility for any loss or damage arising out of their use. Questions as to use can be directed to customerservice@apheliacosmetology.com  

Advice and Information

The advice and information contained within this website is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. While we make every effort to ensure that the information contained within this website is correct, we take no responsibility for any loss or damage arising from its use. The owners of this site will make reasonable efforts to include up-to-date and accurate information, but make no representations, warranties or assurances as to the accuracy, currency or completeness of the information provide

Links to other sites

 Aphelia Cosmetology maintains links to other websites but makes no representations as to the accuracy of the material therein, and is not responsible for the content and conduct of these sites.

Conclusion of Transaction

The agreement for sale is concluded only when goods are handled over to the designated carrier.

Disclaimer or warranties and limitation of liability

THIS WEBSITE IS PROVIDED BY ITS OWNER ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE WEBSITE OR ITS OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

THE WEBSITE OR ITS OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM APHELIA.COM.AU, APHELIA .US  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APHELIA.COM.AU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF 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 AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

THE WEBSITE OR ITS OWNER, PARTNERS, AGENTS AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYBODY ELSE FOR ANY MISTAKES, MISPRINTS OR MISSPELLINGS THAT MAY OCCUR IN ITS DATABASES AND ON THE WEBSITE ITSELF, OR IF THE SUPPLIED INFORMATION WAS DISTORTED IN ANY OTHER WAY.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

 General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior agreements.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time and providing notice of such change via postings on the website. Any changes are effective immediately upon posting to the web site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions.