Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by MK Beauty Bed, a trading name operated by MK LASH FAN PTY LTD (ABN 37 666 046 322).

Throughout these Terms of Service, “we”, “us” and “our” refer to MK Beauty Bed and MK LASH FAN PTY LTD. “You” and “your” refer to any person who accesses our website, places an order, uses our services or purchases our products.

By visiting our website or purchasing from us, you agree to these Terms of Service, together with our Privacy Policy, Shipping and Delivery Policy, and Return and Refund Policy.

Please read these Terms carefully before using our website. If you do not agree with them, you should not use the website or place an order.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, including rights under the Australian Consumer Law.

1. ELIGIBILITY AND WEBSITE USE

You must be at least 18 years old, or have the permission and supervision of a parent or legal guardian, to place an order through our website.

You agree not to use our website or products for any unlawful, fraudulent or unauthorised purpose.

You must not:

• Interfere with the security or operation of the website.
• Introduce malicious code, viruses or harmful technology.
• Attempt to gain unauthorised access to our systems or customer information.
• Copy, reproduce or exploit website content without permission.
• Use false information or impersonate another person.
• Use the website in a way that infringes another person’s rights.

We may suspend or restrict access where we reasonably believe these Terms have been breached.

2. PRODUCT INFORMATION

We aim to ensure that product descriptions, photographs, measurements, materials, colours, features and specifications are accurate.

However:

• Colours may vary depending on lighting, screen settings, photography and production batches.
• Natural or textured materials may have minor variations.
• Measurements may have reasonable manufacturing tolerances.
• Product packaging, controls, components or details may change without materially affecting the product’s intended function.
• Lifestyle images may include accessories or styling items that are not included unless specifically stated.

Please review the product description carefully before ordering and contact us if you need confirmation about dimensions, colours, access requirements or suitability.

3. PRODUCT SUITABILITY AND PROFESSIONAL USE

Our products are designed for professional beauty, salon, clinic, studio and related environments unless otherwise stated.

You are responsible for deciding whether a product is suitable for your intended use, treatment type, premises, access conditions and clients.

You must use, assemble, move, clean and maintain products in accordance with the supplied instructions and safety information.

Unless expressly confirmed in writing, our products are not medical devices and are not represented as suitable for medical diagnosis or treatment.

4. PRICES AND GST

All prices are displayed in Australian dollars unless otherwise stated.

Prices include GST where applicable.

Shipping, delivery, installation, assembly, finance fees or other charges may be added where disclosed at checkout or agreed before fulfilment.

We may change prices at any time, but price changes will not affect an order already accepted by us unless there was an obvious pricing error.

5. ORDERS AND CONTRACT FORMATION

Submitting an order is an offer to purchase the selected products.

An automated order confirmation acknowledges that we have received your order but does not necessarily mean that the order has been accepted.

We may accept the order when payment is approved and we confirm fulfilment or dispatch.

We may refuse or cancel an order before fulfilment where reasonably necessary, including if:

• A product is unavailable.
• There is an obvious pricing, description or technical error.
• Payment is declined or suspected to be unauthorised.
• Fraud or misuse is suspected.
• Delivery cannot reasonably be completed to the supplied address.
• The order breaches these Terms or applicable law.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled item or order.

6. PRODUCT AVAILABILITY AND PREORDERS

Stock availability shown online is intended as a guide and may occasionally be inaccurate because of simultaneous purchases, stock adjustments or delays.

Products marked as preorder, backorder, made to order or special order may have longer lead times.

Any lead time provided is an estimate unless a guaranteed date is expressly agreed in writing.

If availability changes significantly after you order, we will contact you to discuss an updated timeframe, suitable alternative or refund.

7. PAYMENT

You agree to provide current, complete and accurate billing and payment information.

Orders will not be fulfilled until payment has been successfully received or an approved payment arrangement is in place.

Payment services may be provided by third parties such as Shopify Payments, PayPal, Afterpay or other displayed providers. Your use of those services may also be subject to the provider’s terms.

We do not control whether a third-party payment provider approves, declines, delays or reverses a payment.

8. DISCOUNTS, PROMOTIONS AND BUNDLES

Discounts and promotions are subject to their stated terms, eligibility criteria and validity dates.

Unless expressly stated otherwise:

• Discounts cannot be exchanged for cash.
• Discounts apply only to eligible products.
• Only one promotional discount may apply per order.
• Discounts cannot be applied retrospectively.
• Promotions may end or change at any time before an eligible order is placed.

Our advertised salon bundle provides a $100 discount when an eligible order includes:

• Any one eligible beauty bed;
• Any one eligible stool; and
• Any one eligible LED light.

The bundle discount applies once per eligible order unless another offer expressly states otherwise.

If an item forming part of a discounted bundle is returned for change of mind, any refund may be recalculated to reflect the removal of the bundle discount, in addition to any valid restocking fee and return costs under our Return and Refund Policy.

This does not limit rights under Australian Consumer Law for faulty or non-compliant products.

9. SHIPPING, DELIVERY AND ACCESS

Shipping and delivery are governed by our Shipping and Delivery Policy.

Orders are dispatched from our Melbourne warehouse using an approved delivery or freight carrier appropriate for the product, destination and delivery requirements. Delivery timeframes vary depending on the destination, order size, product availability and site access.

Beauty beds and other bulky items may require specialist freight or arranged local delivery.

You are responsible for:

• Providing a correct delivery address and contact details.
• Disclosing stairs, lifts, narrow access, loading restrictions and other access issues.
• Checking that large products fit through all required access points.
• Ensuring that the delivery area is safe and ready.

Additional charges may apply for failed delivery, redelivery, storage, difficult access or services outside an agreed delivery scope.

10. ASSEMBLY AND INSTALLATION

Where assembly or installation is included or purchased, the service covers only the agreed work.

You must provide safe, clear and suitable access to the installation area.

Additional work, waiting time, difficult access, electrical work, removal of existing furniture, packaging removal or return visits may incur an additional charge if not included in the original agreement.

You must not use an assembled product if it appears unstable, damaged or incorrectly installed. Contact us promptly if you have concerns.

11. BUNDLE AND PROMOTIONAL OFFERS

Promotional offers are subject to the terms displayed with the offer.

For the MK Beauty Bed salon bundle, where active and advertised, customers receive a $100 discount when one eligible beauty bed, one eligible stool and one eligible LED light are purchased in the same order.

Unless otherwise stated:

• The bundle discount applies once per order.
• All required items must remain in the order.
• The offer applies only to eligible products and collections.
• The discount cannot be exchanged for cash.
• If an item is returned under an approved change-of-mind return, the refund may be recalculated to reflect the remaining eligible items and the removed discount.
• Statutory remedies for faulty goods are not reduced by promotional conditions.

We may end or change a promotion prospectively, but changes will not affect an order already accepted under the advertised terms.

12. TITLE AND RISK

Ownership of products passes to you once we have received full payment.

Risk passes when the product is delivered to the address supplied, collected by you, or left under an authorised safe-drop instruction, subject to your rights under Australian Consumer Law.

13. RETURNS, REFUNDS AND WARRANTIES

Returns, refunds and voluntary warranty claims are governed by our Return and Refund Policy.

Our voluntary warranty currently includes:

• Motors and structural frame: 2 years.
• Upholstery and vinyl: 1 year.

The voluntary warranty covers manufacturing defects and is additional to rights under Australian Consumer Law.

Consumer guarantees cannot be excluded, restricted or modified. Depending on the nature of a failure, you may be entitled to a repair, replacement, refund, cancellation or compensation.

14. CANCELLATIONS AND ORDER CHANGES

Contact us promptly if you need to request an order change or cancellation.

We may be unable to change or cancel an order once it has been processed, dispatched, ordered from a supplier, customised or made to order.

Approved cancellations for custom, special-order or already processed products may be subject to reasonable costs actually incurred, provided this does not limit rights under Australian Consumer Law.

15. INTELLECTUAL PROPERTY

All website content, including text, product descriptions, photographs, graphics, videos, logos, branding, layouts and code, is owned by or licensed to us and is protected by intellectual property laws.

You may view and use the website for personal or legitimate business purchasing purposes.

You must not reproduce, distribute, modify, republish, sell, scrape or commercially exploit our content without prior written permission.

16. CUSTOMER CONTENT AND REVIEWS

If you submit a review, photograph, video, testimonial or other content, you confirm that:

• The content is genuine and based on your experience.
• You own the content or have permission to submit it.
• It does not infringe another person’s rights.
• It is not unlawful, misleading, defamatory, abusive or fraudulent.

You grant us a non-exclusive, royalty-free licence to display, reproduce and use submitted content for our website, social media and marketing, unless otherwise agreed.

We may moderate or remove content that breaches these Terms, but we are not required to publish every submission.

17. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to or integrations with third-party services.

We are not responsible for the content, security, availability, practices or terms of third-party websites or services.

Your use of a third-party service is at your discretion and may be subject to separate terms and privacy policies.

18. WEBSITE AVAILABILITY AND ERRORS

We aim to keep the website available and accurate but do not guarantee uninterrupted or error-free access.

We may correct errors, update information, suspend features or perform maintenance at any time.

If a website error affects an order, we will contact you and provide an appropriate solution.

19. LIABILITY

Nothing in these Terms excludes, restricts or modifies liability, rights or remedies that cannot lawfully be excluded, including under the Australian Consumer Law.

To the maximum extent permitted by law, we are not liable for indirect or consequential loss that was not reasonably foreseeable, or for loss caused by:

• Misuse or unauthorised modification of a product.
• Failure to follow instructions or maintenance requirements.
• Inaccurate access, delivery or customer information.
• Events outside our reasonable control.
• Third-party platforms, carriers or payment providers, except where we remain responsible under law.

Where the law permits us to limit a remedy, our liability may be limited to resupplying the goods or services, repairing or replacing the goods, or paying the reasonable cost of doing so.

20. INDEMNITY

To the extent permitted by law, you agree to indemnify us against claims, loss or damage arising from your unlawful use of the website, infringement of another person’s rights, or breach of these Terms.

This clause does not apply to the extent that loss was caused by our negligence, breach of contract or unlawful conduct.

21. PRIVACY

Our collection and handling of personal information are governed by our Privacy Policy.

By using the website, you acknowledge that personal information may be processed by service providers needed to operate the store, process payments, communicate with you and fulfil orders.

22. FORCE MAJEURE

We are not responsible for delay or failure caused by events outside our reasonable control, such as severe weather, natural disasters, industrial action, carrier disruption, supply-chain interruption, government action, telecommunications failure or public-health emergencies.

We will take reasonable steps to minimise the impact and keep you informed.

23. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The current version will be published on our website and will apply from the date of publication.

Changes will not retrospectively remove rights relating to an order already accepted.

24. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.

25. WAIVER

If we do not immediately enforce a right under these Terms, that does not mean we waive that right.

26. GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia.

You and we submit to the jurisdiction of the courts and tribunals of Victoria and any courts entitled to hear appeals from them, subject to any rights you have to bring a claim in another jurisdiction under applicable consumer law.

27. CONTACT INFORMATION

MK Beauty Bed
Operated by MK LASH FAN PTY LTD
ABN: 37 666 046 322

Email: info@mkbeautybed.com.au

Address:
7 Penfold Place
Albanvale VIC 3021
Australia