Terms of service

Yvearay Website Terms of Use  and Terms of Sale

Welcome to the website of Yvearay Pty Ltd (ABN 51 640 123 922) trading as “Yvearay” ("we", "us" or the "Company"), an Australian beauty, fashion and lifestyle luxury brand supplier.

This website is located on the web via the domain https://www.yvearay.com and includes all of the files located in that domain ("this site").

 

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Terms of Use"). These Terms constitute a binding agreement between you and us and govern your use of this site.

Privacy Policy and Returns Policy

As part of these Terms, your use of this site is also subject to our Privacy Policy (located at https://www.yvearay.com/policies/privacy-policy) and our Returns Policy (located at https://www.yvearay.com/policies/refund-policy), which are incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to us that you are over the age of 18 years. Should we suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

 

Restrictions on use

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available us at law or in equity, we reserve the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products to you if:

  • you breach any provision of these Terms of Use;

  • we are unable to verify or authenticate any information that you provide to us; or

  • we believe that your actions may cause damage and/or legal liability to us, any of our customers or suppliers or any other person; and

  • remove or block access to any information and/or materials (in whole or in part) we at our sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms of Use.

Indemnity

You indemnify and hold harmless us and our officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;

  • your use of, or connection to, this site; or

  • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person.

 

Orders

By placing an order through this site, you agree to be bound by these Terms as they apply to the sale of Products.

By making an order, you expressly authorise us, before accepting your order, to perform credit and security checks and, where we feel necessary, to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.  

Our Products are listed for sale for purchase by end users and not for resale.  If you wish to purchase products for the purposes of resale you must contact us before you place an order.

We reserve the right at our discretion to not accept all or part of your order; and at any time refuse to provide products to you, terminate your access to this site; and/or remove or edit any content on this site.

Acceptance of each order will take place if and when we, send the items to you and title to, and risk in, the items will pass from us to you at that time.

 

Gift Cards, Vouchers and Certificates

Yvearay Gift Vouchers may only be redeemed for products sold by Yvearay.  Currency of Gift Voucher is in Australian dollars (AUD). Any applicable service/delivery and credit card fees may apply when a Gift Voucher is redeemed. Expiry date will vary depending on the Gift Voucher promotion, offer or purchased item, voucher must be redeemed within that period. With offers and promotions can be only used once per person. Only one Gift Voucher or certificate can be used at a time. 

Any unused balance will not be refunded. Gift Vouchers are not redeemable for cash and cannot be resold or exchanged, and are non-refundable and cannot be replaced if lost, damaged or expired. Treat the Gift Voucher as if it were cash. This voucher is not legal tender and cannot be deposited into any bank account. 

Note: Gift Cards purchased on the website will be valid for 12 month from date of issue. Should your purchase be to a lesser value than the Gift Voucher, any remaining balance must be used within the 3 month period. 

Yvearay reserves the right to amend the privileges or terms and conditions without prior notice. If you have further queries or issues with your Gift Voucher please email our Customer Relations Team info@yvearay.com

 

Memberships

Membership activation may take 24 hours. If you login to your account your discount will be automatically added, otherwise use the code provided in your verification email. If you are unable to find your code please email us at info@yvearay.com


With our '1 Year Membership Introduction Offer' customers will be required to purchase a product online within the first three months to keep their membership active. If no purchases are made within this time frame the account will be automatically deactivated.

Gift Vouchers, certificates and special promotions cannot be used in conjunction with our Membership and or used multiple times with any other promotional offers.

Prices

The prices of the products are set out online and will be shown in your shopping cart.

Shipping costs

Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout. We charge the shipping rate as below:

Ship to

Order Price

Shipping rate

Australia

Less than $100

$10

$100 or more

Free

Overseas

Less than $300

$20

$300 - $500

 Free

$500 or more

Special order to be reviewed

 

 

Payment

Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told at the checkout the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.

You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.   

We will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any third party.

We may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

 

Registration and account security

Requirement for registration

We reserve the right to make any parts of this site accessible only to users who have registered.

Username and password

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. We will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that we will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this site, you must agree to these Terms and provide us with:

  • a valid email address;

  • accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and

  • any other information that may be required by us during the registration process.

You must promptly update this information to maintain its accuracy at all times.

You represent and warrant to us that all information provided to us, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

Multiple accounts and automated account opening

One person may not maintain more than one account with this site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

We reserve the right to accept or reject any application for registration of an account with this site at its discretion.

 

Intellectual property

Copyright

In these Terms, the term "Proprietary Content" means:

  • this site;

  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and

  • all software, systems and other information owned or used by us in connection with the products offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is our property or the property of our licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Terms or with our prior written consent or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

Our logo and the phrase "YVEARAY" are trademarks. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or our trade dress. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our prior written consent.

User Content

In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. We reserve the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

  • represent and warranty to us that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and

  • grant to the us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at our sole discretion.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

 

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

  • this site will meet your requirements or expectations;

  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;

  • the quality of any products, information or other material purchased or obtained through this site will meet any particular requirements or expectations;

  • errors or defects will be corrected; or

  • this site or the servers that make it available are free of viruses or other harmful components.

 

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these   or the use of this site by you or any other person.

Remedies limited

To the maximum extent permitted by law, we and our officers, employees, agents, consultants, licensors, partners and affiliates expressly limit our liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion), to any of the following:

  • the replacement of the goods or the supply of equivalent goods; or

  • the payment of the cost of replacing the goods or of acquiring equivalent goods.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release the us and our officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have arising from these Terms or the use of this site by you or any other person. We may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Terms, we exclude liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond our reasonable control..

 

General

Interpretation

In these Terms, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;

  • these Terms may not be construed adversely against us solely because we prepared them;

  • the singular includes the plural and vice-versa;

  • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

  • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

We may provide any notification for the purposes of these Terms by email and/or by website pop up.

Assignment

We may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.

Severability

The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

We reserve the right to amend these Terms and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products offered through this site.

Governing law

These Terms will be governed by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of that state.

 

Schedule 1 – Prohibited conduct

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;

  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;

  • use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;

  • use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;

  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;

  • use this site by any automated means;

  • use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;

  • access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;

  • interfere with the display of any advertisements appearing on or in connection with this site;

  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;

  • reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;

  • falsely imply that any other website is associated with this site;

  • do anything that leads, or may lead, to a decrease in the value of ourintellectual property rights in this site;

  • use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;

  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to us without our prior written consent; or

  • use this site to transmit any information or material that is, or may reasonably be considered to be:

  • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

  • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

  • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

  • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

  • in breach of any person’s privacy or publicity rights;

  • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

  • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

  • containing any political campaigning material, advertisements or solicitations; or

  • likely to bring us or any of our staff into disrepute.