Lèkura Terms and Conditions
Lèkura is a registered trade mark of Absolute Beauty Concepts. www.lekura.com.au is owned and operated by Absolute Beauty Concepts (ABN:44526252730). By accessing, browsing or using this website, you agree to the terms, conditions and disclaimers herein. By purchasing an item advertised on our website and / or by completing the application form to join our mailing list or become a stockist you agree to be bound by these Terms and Conditions. Absolute Beauty Concepts may amend these Terms and Conditions from time to time and any amendment will become effective immediately.
The use of our website and these conditions shall be governed by and construed in accordance with the laws of Australia. Any legal action arising out of its use shall be brought and enforced under the laws of Australia. By using this site, you agree to submit to the jurisdiction of the courts of Australia and any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Australia.
Absolute Beauty Concepts do not provide products online for the purchase of persons under the age of 18. If you are under the age of 18 you are not permitted to make purchases through our website without the involvement of a parent or legal guardian.
By using our website and any of its associated services and functionality (the “website”), you agree to be bound by these terms and conditions (“agreement”) as amended from time to time. Please read this agreement carefully before using our website.
This agreement is formed between you and Absolute Beauty Concepts, ABN 44526252730 (“Lèkura”, “we”, “our” and “us”). Anyone who uses our website is referred to in this Agreement as “you” and “your”.
If you do not agree to any terms and conditions of this agreement, you must not use our website
We may cease, change, suspend or discontinue any aspect of our website, including the availability of any features of our website, at any time in its sole discretion. We do not guarantee that you will be able to access our website in the same way or with the same equipment or software you used prior to any changes.
At our sole discretion, we may also impose limits on certain features and services or restrict your access to parts or all of our website either temporarily or permanently without prior notice or liability to you or any third party.
Purchases and your account
You must create an online account with Lèkura in order to access the professional features of our website. It is possible to purchase retail products from our website without creating an account.
In order to create your account, you will be required to provide us with personal information, such as your name, email address, phone number, postal address and credit card information. You must ensure that this information is accurate and current.
Absolute Beauty Concepts may terminate your account with Lèkura without prior notice or liability to you or any third party. If we terminate your account, you may be prevented from accessing all or parts of our website, your account details and/or any other content contained in your account.
It is your sole responsibility to find out and adhere to all applicable local, state, federal and international law (including minimum age requirements) in regard to the possession, use and sale of any products purchased from our website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
In order to create and account or make any purchases through our website, you represent and confirm that you are over the age of 18 and possess the legal rights and ability to enter into a legally binding agreement with us. That you will use our website in accordance with this agreement.
To the extent permitted by law (including the Australian Consumer Law), Absolute Beauty Concepts reserves the right, without obligation or liability to you or any third party, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend or cease your access to all or any part of our website temporarily or permanently.
- Cease your account or prevent you from accessing all or parts of your account details or other content contained in your account temporarily or permanently;
- Establish general rules concerning use of our website.
Your use of our website
You agree to use our website only for purposes that are permitted by:
- This agreement;
- Any applicable law or regulations; and/or
- Generally accepted practice or guidelines
You are prohibited from violating or attempting to violate the security of the website, including but not limited to:;
- Accessing data not intended for your use or logging onto a server or an account which you are not authorised to access;
- Accessing any part of our website by any means other than through the interface provided by us or from an access point other than the authorised access point lekura.com.au.
We will not be responsible in any way for access from outside this interface or access point
- Engaging in any activity that interferes with, disrupts or attempts to interfere with or disrupt our website or the servers and networks that host our website.
- Interfering or attempting to interfere with security-related features of our website or any of our website features that prevent or restrict use or copying of any content or enforce limitations on the use of our website or the content on our website; or using, copying or distributing content except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any violations of system or network security or fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities and may result in civil or criminal liability. Absolute Beauty Concepts will investigate occurrences that may involve such violations or activity and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations or activity.
You are solely responsible for the activity that occurs on your account. This Includes orders placed using your account. You must keep your account login and password secure and you are not permitted to share your log in details with anyone outside of your business. We are not responsible for any unauthorised activity on your account if you fail to keep your account login and password information secure.
You are not permitted to use any other account other than your own. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately so we can change and re secure your account log in and password.
Information on our website
Information about treatments and products on our website are extracted from documents created by Absolute Beauty Concepts or our business partners, manufacturers or suppliers.
To the extent permitted by law (including the Australian Consumer Law), you acknowledge that any reliance on information contained on our website shall be at your own risk. We reserve the right to correct any errors or omissions in any portion of our website.
You understand and agree that except as required by law (including the Australian Consumer Law), Absolute Beauty Concepts will not be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by our business partners, manufacturers or suppliers changing product specifications without notice to us.
You agree to make your own enquiries to verify information provided and to assess the suitability of products before you order the products.
Images of products and their external packaging displayed on our website may differ to the product packaging you receive.
The inclusion of any products on our website at a particular time does not imply or warrant that these products will be available at any time. We reserve the right to notify you that products for which you placed orders have become unavailable. Products displayed on our website do not constitute an offer to sell. It is an invitation for an offer from you only.
Orders placed by you are offers to purchase particular products in accordance with the terms and conditions in this agreement at the price specified, plus delivery and any other charges.
To the extent permitted by law (including the Australian Consumer Law), we reserve the right to accept or reject your offer for any reason (or no reason), including without limitation the unavailability of any product, limitations on quantities available for purchase, an error in the price or product description, problems identified by our credit department, or an error in your order.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order you are to contact us in writing via email to email@example.com.
In the event that we cancel or are unable to fulfil your order we will provide a full refund of any payment received. Except as required by law (including the Australian Consumer Law), we will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price (including delivery and other charges).
In the unlikely case we may be out of stock of a certain product, we will contact you via email or phone, notifying you of a delay in the shipment of the order and your options.
Price, payment and use of discounts or vouchers
The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
Prices are current at the time of display but are subject to change without notice. All payments must be received in full prior to dispatch. Payment options will be provided at the point of purchase.
If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product against your order. In such instances we do not guarantee that the product will be available should you try to order it again.
Where offered, and unless otherwise specified, a discount or voucher may only be redeemed once per person, business or household for orders, and may not be used in conjunction with any other discounts. Unless otherwise specified, only one discount or voucher may be used per person, business or household.
Title and risk
We retain ownership of products you order until payment is received in full for those products together with delivery and any other applicable charges. Risk in the products you order, such as loss or damage, passes to you upon delivery.
Supply and delivery of products
Subject to your provision of full payment and compliance with this agreement, we will supply the products shown on your order confirmation.
Estimated delivery times are an estimate only and we cannot guarantee that your order will arrive in these time frames. We do not take any responsibility for late arrival of orders. We do not allow personal pick up.
Please order carefully as we do not refund or exchange simply because you changed your mind or you have made a mistake in finalising your order.
Repairs and refunds
Your statutory rights
The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides certain statutory guarantees in respect of the products we supply to you if those products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you. These statutory guarantees give you certain rights that we cannot exclude, restrict or modify, except in the limited circumstances set out below.
As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a “major failure”, subject to the provisions of the Australian Consumer Law, you are entitled to return the good to Absolute Beauty Concepts and receive a full refund or replacement (at your election). Alternatively, you may (at your election) choose to keep the good and recover from us the difference between the price you paid for the good and the value of the good.
As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a “major failure”, subject to the provisions of the Australian Consumer Law, you are entitled to ask us to remedy the failure. We are entitled to choose how we remedy the failure, including by either:
- Repairing the goods;
- Replacing the goods; or
- Providing a full refund including the delivery fee.
The statutory guarantees referred to in this clause may not apply to all products sold on the Website. You accept and acknowledge that the provisions of the Australian Consumer Law will determine:
- Which products are covered by such statutory guarantees; and
- Our liability to you for any failure of a good to meet a statutory guarantee
The statutory guarantees are in addition to any rights you may have under any voluntary or express warranties offered by Absolute Beauty Concepts or any other manufacturer or supplier of the products. Except as expressly set out below nothing in this Agreement excludes, restricts or modifies your rights under the Australian Consumer Law.
Replacement products are subject to the same warranties as the original.
You must notify us of the relevant fault or failure within a reasonable time of supply of the goods or the time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of the goods.
Goods that develop a defect may also be covered by a manufacturer warranty. You may also wish to contact the manufacturer regarding returns and repairs. You must retain your proof of order for any manufacturer warranty claims.
Limitation of liability for statutory guarantees: Where the products we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election):
In the case of goods:
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or acquiring equivalent goods; or
- The payment of the cost of having the goods repaired; and
In the case of services:
- The supply of the services again; or
- The payment of the cost of having the services supplied again.
We cannot limit our liability in this way if you establish that it would not be fair or reasonable for us to do so.
Process for returns and refunds
If you wish to return one or more products, you will need to contact us within 48 hours of receiving your order.
Once contacted, we will advise you of the best way to return the product(s) and we will provide you with the appropriate forms to be completed before any returns will be accepted.
Replacement of products, refunds and or repairs will not be made until the original product is received by us and your is claim verified. All pieces and parts of the product and printed materials must be in their original packaging.
You must include a copy of your invoice and all requested document with your return. Please retain your postal receipt from Australia Post.
Refunds will be issued using the original method of payment and will not include delivery charges.
We aim to process returns within 5 business days of receipt by us of the original product and any other required information from you.
Subject to your rights under the statutory guarantees in the Australian Consumer Law, we will not refund a purchase or replace a product where the product has been lost, destroyed or disposed of by you, or where in our reasonable opinion the product has following sale to you been damaged or become of unacceptable quality due to misuse, failure to use it in accordance with the manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.
Disclaimer and liability
We do not warrant that our website will be available at all times or that it will be provided without fault or disruption.
To the full extent permitted by applicable law (including the Australian Consumer Law):
Absolute Beauty Concepts makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, services or materials included on our website; and
Absolute Beauty Concepts disclaims all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. You acknowledge by your use of the Website that such use is at your sole risk. This disclaimer does not apply to any manufacturer’s warranty offered in relation to a product. This disclaimer constitutes an essential part of this agreement.
Limitation of liability
Unless we are not permitted to do so by law (including under the Australian Consumer Law), we exclude all liability to you or any other person for loss or damage of any kind or nature relating in any way to our website, including without limitation loss or damage you or any other person might suffer as a result of:
- Errors, mistakes or inaccuracies on our website.
- Acting or not acting on any information contained on or referred to on the Website and/or any linked website.
- Personal injury or property damage of any nature resulting from your access to or use of our website.
- Any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers.
- Any interruption or cessation of transmission to or from the website.
- Any bugs, viruses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
- The quality of any product or service of any linked website.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through our website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
Except as required by law (including the Australian Consumer Law), in no event shall we or any of our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers be liable to you or any other person for any loss or any special, incidental, indirect or consequential damages arising out of or in connection with our website, the use or inability to use our website or its contents, or this agreement (however arising, including negligence), including without limitation damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results or computer failure or malfunction, even if we have been advised of / or should have known of the possibility of such damages. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our employees, directors, officers, agents, affiliates, related entities, vendors or suppliers have no responsibility for the legality of your actions.
To the extent permitted by law (including the Australian Consumer Law), you will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this Agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
Other trade marks used on our website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not:
- Modify or copy the layout or appearance of our website nor any computer software or code contained in our website; and/or
- Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to our website.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
You may choose not to provide certain information, but then you may not be able to purchase products, open or hold an account with us or take advantage of the features we offer.
While we do not need to collect health information from you in order to provide you with our products and services, sometimes information about the identity and nature of products you purchase may constitute health information or you may choose to disclose health information as part of your participation in product review forums, discussion groups, bulletin boards, chat rooms or messaging or other interactive services. If you share individually identifiable health information, it is not shared with third parties. However, information you may share in a public forum is considered public information if you choose to share it.