Welcome to our MAC Australia web site (the " MAC Australia Site" or the “Site”). MAC Australia ("MAC Australia Online", "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "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. Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you consult such terms and conditions.
2. About MAC Australia Online
"MAC" (Make-Up Art Cosmetics) business in Australia is operated by Estee Lauder Pty. Limited (ACN 008 444 719).
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) register on the Site; and (b) be the holder of a valid debit/credit card.
This contract shall be concluded in English.
5. Product Descriptions
Products may not be available or as described. We endeavour to ensure that details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Information may be out of date. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not alwaysreflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 8 below.
6. Purchase Related Policies
Personal use only
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.
Our right to cancel your order
If we reasonably believe, in our sole discretion, that your completion of your order may result in the violation of our Terms and Conditions we may, with or without notice, to cancel or reduce the quantity of your order.
Our policies form part of these terms and conditions
All prices indicated for products available via the Site are inclusive of GST (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site.
8. Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the MAC Australia Site by clicking on the Submit button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from MAC Australia Online.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
If you require any information regarding your order(s) please contact Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays ) or contact us.
If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See Cancellation section of the Site by clicking here.
You many pay using any of the methods specified in the Payment section of this Site. You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Your CCV or sometimes called CVC number ( Credit Card Verification number ) is requested during your payment processing application form online as this number is only found on the physical card, not any receipts or imprints from manual 'click clack' machines. Although this doesn't guarantee the card has not been stolen it does assure us that the person placing the order has the card with them at the time of the order and is an additional security feature required for your safety.
10. Title to Goods
We will retain the legal ownership of the goods until the later of dispatch of the goods to you and full payment for the goods being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
11. Risk of Loss
Risk in the goods will pass to you upon delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. See Delivery section of our Site. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third party.
13. Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure.
If no such action is taken, to the extent permitted by law, we shall not be obliged to accept any rejection of the goods at a later date. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays ) or contact us.
14. Intellectual Property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property MAC Pty Ltd, its affiliates, our partners or our licensors, and is protected by United States, Australian and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of MAC Pty Ltd, its affiliates, licensors or partners, in Australia and other countries, and are protected by United States, Australian and international trademark laws. All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited license in Section 15 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
15. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this Section 15 without prejudice to any other remedy provided by applicable law.
16. Your Obligations and Responsibilities
17. Your Account
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes, then please notify us immediately by contacting Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays ) or contact us. Alternatively, you can update your details through the “my account” page.
You must protect your password
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account.
You agree to accept responsibility for all activities that occur under your account or password.
Report any loss of password to us
If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.
How to cancel your account
Your account can be cancelled at any time by contacting Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday) (excluding public holidays) or contact us.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Our right to cancel your account
If you violate these Terms and Conditions or if we reasonably decide it would be in MAC Australia Online's best interests to do so. We reserve the right to refuse service and/or terminate accounts without prior notice.
18. Third Party Links We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
Submissions not confidential
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential.
Rights you give us by making a submission
Representations and warranties by you in relation to the Submission
If you make a Submission, you represent and warrant that it is true and accurate and that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
20. Limitation of Liability
No representations or warranties
THE SITE IS PRESENTED "AS IS."
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of loss caused by certain things
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;
(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE;
(e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES;
(f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR
(g) EVENTS BEYOND OUR REASONABLE CONTROL.
Exclusion of certain types of loss
TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (OR ANY LOST PROFITS) RELATED TO THE SITE 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.
Cap on Liability
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you wish to complain about any matter in respect of the goods please contact Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays ) or contact us.
Your use of this Website and any purchase by you of any goods from MAC Australia shall be governed by Australian law and the parties hereto submit to the exclusive jurisdiction of the Australian courts.
We may amend these Terms and conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site.
Your continued use of the Site constitutes your agreement to all such terms and conditions.. You agree to comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
No Agency or partnership with you
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
A failure to enforce is not a release of rights
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Rights are cumulative
The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.
Time not of the essence
Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
If a term is unenforceable
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact us.
RETURNS AND EXCHANGES
We are committed to offering our Customers the finest cosmetic products available. If you feel the products you received from our Online Store do not meet this expectation, simply return the unused portion and we will be happy to remit your account for the full amount of the purchase. If you prefer, you may exchange your purchase for other MAC products.
When returning or exchanging any part of your order, please include the original packing slip, noting the items being returned/exchanged and listing any items that should be sent in exchange.
Regrettably, except as required by law shipping and handling fees are not refundable. If you purchased your item at a store, please understand that each store has its own return policy. We're sorry, but returns or exchanges for purchases made in a MAC store or partnered retail location may not be returned or exchanged to MAC Cosmetics Online.
To arrange a return for products purchased on MAC Cosmetics Online please contact Customer Services on the following number 1800 613 828 (open 9am - 5pm, Monday to Friday)(excluding public holidays).
If your package was damaged in shipment by the carrier, save the box and the merchandise and notify us immediately at 1800 613 828.
The carrier will inspect and pick up the damaged package and the damaged items will be replaced.
M-A-CNIFICENT ME CONTEST
NO PURCHASE NECESSARY TO ENTER.
HOW TO ENTER:
Europe: France Germany, Italy, Spain and the United Kingdom (defined as Great Britain, Northern Ireland, Scotland and Wales).
Asia Pacific: Australia, Japan, Korea, Malaysia and Thailand.
Photograph submitted in this Contest must be owned by you and not a third party and uploaded in compliance with these Official Rules. Entries that contain Photographs that do not comply with the requirements stated herein may be disqualified at Promoter’s sole discretion. Use of automated processes and devices to submit electronic entries are not permitted. Contest Entities are not responsible for any changes or effects caused to contestant’s computer system as a result of submitting electronic entries. The Contest Entities are not responsible for lost, late, misdirected or otherwise undeliverable Entries, or Entries that cannot be processed due to phone, network, electronic or computer hardware or software failure, or technical failures of any kind. The Promoter reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest or website and/or violates the Official Rules. All eligible Mantras may be posted on the Website for public viewing. The Promoter reserves the rights to prescreen the submitted Entries and/or remove any Entry posted on the Website. Limit: Only one (1) Entry per person. All Entries will not be returned or acknowledged. In the event of a dispute over the identity of an online contestant, or ownership of or rights to the Entry the disputed Entry will be disqualified, in the sole discretion of the Promoter.
The content of each Entry must comply with the following content guidelines in order for the Entry to be eligible. Entries cannot:
By entering you represent and warrant and agree that: you have all rights to the Photograph submitted in this Contest. The Photograph is a picture of you and you own all rights to the Photograph and that all elements, including the Statement, the Entry submitted by you is original and not copied from any other work and do not infringe upon the rights of any third party and you own all right, title and interest of said elements which is part of your Entry to enable you to grant the rights granted herein. You retain ownership of the Entry you submit, however, by entering the Contest, you, on behalf of yourself, grant the public the right to share the Entry on social media sites for non-commercial use and grant Contest Entities and/or any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, the perpetual, fully-paid, irrevocable, non-exclusive license to publish, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Photograph and Entry in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Contest Entities and Contest all without further consent from or payment or notification to you. By submitting your Entry, you agree the Promoter has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Promoter’s sole discretion and that the posting or publication of an Entry does not guarantee the Entry will be selected as a Winner (defined below).
By submitting an Entry, each contestant understands and grants to Promoter permission for his/her Entry to be posted on the Website, M-A-C locations, Facebook, Instagram and Pinterest, in perpetuity and throughout the world for viewing by any visitors to the Website. Contest Entities are not responsible for any unauthorized third party use of any Entry. Entries will not be acknowledged and will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and the Promoter or any of its affiliates.
For any member of the public who shares the Entry: by sharing the Entry, you agree to post the Entry to promote this Contest only and not for any commercial purposes.
Promoter reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Promoter is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules. Furthermore, the Promoter reserves the right to not award a prize for a given region if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and qualified Entries.
A panel of judges consisting of M-A-C’s creative director and/or marketing personnel from the Promoter(“Judges”) will determine the top six scoring entries that will each be declared a Grand Prize Winner (each, a “Winner”). All Winners will be determined on or about December 19, 2014. The Promoter reserves the right to determine fewer than six (6) Winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
The decisions of the Judges are final and binding on all matters relating to selection of all Winners.
PRIZES AND THEIR CORRESPONDING APPROXIMATE RETAIL VALUE (“ARV”): Six (6) Grand Prizes: Each Winner will receive a three (3) days/ two (2) nights trip (for Winner only) to attend a photo shoot in New York City, New York, USA (ARV: $3,000.00 each, depending on location of Winner and fares at time of booking). Each trip includes: round-trip coach airfare to and from major commercial airport to/from the Winner’s primary residence, single occupancy hotel accommodations, selected meals and makeover as determined by the Promoter. All meals other than those provided by Promoter, ground transportation, taxes, gratuities, incidentals, upgrades, service charges or other expenses not specified herein are not included and are each Winner’s sole responsibility. Travel arrangements must be made through Promoter’s agent on a carrier of Promoter’s choice. Winners must comply with any security procedure or measures imposed by the Promoter and/or photo shoot coordinator(s) and/or its representatives. If the photo shoot is postponed or canceled or has occurred, no compensation or substitution will be provided and the Promoter shall have no further obligation to the Winner other than to provide the remaining portion of prize. If, for any reason whatsoever, a Winner is unable to attend the photo shoot after all travel arrangements have been made and paid, the Promoter shall have no further obligation to the Winner. If a Grand Prize is forfeited prior to Promoter finalizing and paying for travel, and there is sufficient time to notify an alternate Winner, the prize will be awarded to the contestant with the next highest score from the regions the disqualified Winner originated. Each Winner is responsible for obtaining the proper travel documentation (e.g., valid photo ID, passport or Visa) prior to travel. Winners must travel on dates (currently scheduled for February 2015) specified by Promoter or forfeit all rights to the trip. If actual value of each Grand Prize trip is less than the ARV stated herein, the difference will not be awarded in cash. All prize values are in US Dollars (“USD”). The following applies to each Prize: Prize details are at Promoter’s sole discretion. Arrangements for the fulfillment of each Prize will be made by Promoter or Promoter’s designated agent. All federal, state, territory and other taxes, costs and expenses relating to the use, acceptance and possession of any Prize is the sole responsibility of each Winner. Prizes are non-transferable and no substitution by Winner or cash equivalent is allowed. A Winner from the United States will be issued a 1099 tax form for the actual value of the Grand Prize. The Promoter reserves the right to substitute a Prize or portion of a Prize for one of equal or greater value in its sole discretion.