TERM & CONDITIONS

Welcome to Kaloneo Beauty and our website and shop at www.kaloneobeauty.com. These Terms of Sale (these “Terms”) (together with the documents referred to on it) tells you the terms and conditions on which we sell you the products shown on our website (Products).

Please read these Terms carefully before ordering any Products. Please understand that by ordering any of our Products, you agree to be bound by these Terms and that if you refuse to accept these Terms, you will not be able to order any Products from us.

1) ABOUT US

1.1. We are Kaloneo Beauty Pty Ltd (ABN: 98 683 546 769) of Suite 2169, 8 Hughes Street, Gateshead NSW 2290, Australia (“Kaloneo Beauty”, “we”, “us”, “our”).

1.2. We operate the website and shop at www.kaloneobeauty.com (our “website”).

1.3. To contact us, please email hello@kaloneobeauty.com.

1.4. These Terms were last updated on Thursday, 16th of January, 2025.

1.5. The following also apply to these Terms and form an integral part of these Terms:

• 1.5.1. our Privacy Policy;
• 1.5.2. our Cookie Policy;
• 1.5.3. our Payment Info Policy; and
• 1.5.4. our Shipping, Refund, Return and Cancellation Policy.

2) ELIGIBILITY

By placing an order through our website, you warrant that:

2.1. you are legally capable of entering into binding contracts; and

2.2. you are at least 18 years old.

3) HOW THE CONTRACT IS FORMED

3.1. Your order constitutes an offer to us to buy a Product.

3.2. After placing an order, you will receive an email from us acknowledging that we have received your order (“Order”). This does not mean that your Order has been accepted.

3.3. All orders are subject to acceptance by us.

3.4. The contract between us (“Contract”) will only be formed when we dispatch the Product.

4) WHEN ORDERS ARE NOT ACCEPTED

4.1. While we do our best to always accept Orders, we can refuse an Order if:

• 4.1.1. you provide us with incomplete, incorrect, or fraudulent information regarding your identity, age, payment details, billing information, and shipping address;
• 4.1.2. we discover that there was an error on our website relating to the Products you ordered, such as an incorrect price or description, or the Products are out of stock or no longer available.

4.2. If we cannot accept your Order we will contact you and refund you any money you have already paid for such Products.

4.3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

5) PRODUCTS DESCRIPTIONS

5.1. We do our best to ensure that the information about our Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order.

5.2. We also reserve the right to modify the information about the Products including their prices, description and availability. However, such changes will not affect Orders accepted by us.

5.3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the inaccuracy of any Product description, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

6) PRICE AND PAYMENT

6.1. The price of the Products and our delivery charges will be as quoted on our website, except in cases of obvious error.

6.2. Product prices and delivery charges are liable to change at any time, but changes will not affect already dispatched Orders.

6.3. We are under no obligation to provide the Product to you at the incorrect lower price, even after we have dispatched the Product, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.

6.4. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

6.5. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

7) SUBSCRIPTION SERVICE

7.1. Our Subscripption Services requires payment of subscription fees before you can access or use them (“Fees”).

7.2. If you purchase a recurring subscription from us, the subscription period shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:

• 7.2.1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
• 7.2.2. on the renewal date of the subscription period thereafter, without any further action by you.

7.3. Any Fees due in relation to your account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your account and/or our website or any of the Services. 7.4. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.

7.5. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.

7.6. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

7.7. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off, or counterclaim whatsoever.

8) CANCELLATION

When canceling a monthly subscription, all future charges associated with future months of your subscription will be canceled. You may notify us of your intent to cancel at any time with a minimum of 5 days prior to the end of your current subscription period; your cancellation will become effective at the end of your current subscription period. You will not receive a refund; however your subscription access will continue for the remainder of the current subscription period.

9) CHARGEBACKS

You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any transaction. If you make a card payment through our website, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and/or pursue legal action as the case may be.

10) CANCELLATION

10.1. We reserve the right to cancel, at any time before delivery and for whatever reason, any Order that we have previously accepted, such as if there is an event beyond our control, or we are unable to supply the Products.

10.2. If we cancel your Order we will contact you and refund you any money you have already paid for such Products.

10.3. Except we are required by law, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise.

11) DAMAGED OR DEFECTIVE PRODUCTS

 11.1. If you have received a damaged or defective Product, please email hello@kaloneobeauty.com within 7 days of delivery and attach pictures of the damaged item so that the damage can be checked.

11.2. Please do not dispose of the item until you have heard back from us. No complaint can be considered unless clear proof can be given that the Product(s) are faulty or damaged.

11.3. We will respond to all complaints within 5 working days.

12) RISK AND TITLE

12.1. The Products will be at your risk from the time of delivery.

12.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

13) SPECIAL OFFERS, DISCOUNTS AND PROMOTIONS

13.1. We reserve the right to change, limit, or terminate any special offers, discounts, and promotions at any time without notice.

13.2. All special offers, discounts, and promotions are subject to availability and may require you to accept additional terms and conditions which are hereby expressly incorporated into this Agreement.

13.3. We reserve the right to limit certain special offers, discounts, and promotions to one order per customer as defined by their email address and/or credit card address and/or delivery address.

14) OUR RIGHT TO VARY THESE TERMS

We reserve the right to revise these Terms at any time. Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and amending the relevant date at the top of this page.

15) WARRANTY

15.1. We warrant to you that any Product purchased from us through our website will, on delivery conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

15.2. We will at our option replace or refund the price of Products which you notify us are defective.

15.3. This warranty shall not apply to defects caused by misuse, neglect, accident, improper storage, installation or handling, frost damage, repair or alteration not carried out or authorised by us.

16) OUR LIABILITY

 16.1. If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

16.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 16.3.      We do not in any way exclude or limit our liability for:

• 16.3.1. death or personal injury caused by our negligence;
• 16.3.2. any breach of terms implied by consumer rights law as to title and quiet possession;
• 16.3.3. any breach of terms implied by consumer rights law as to satisfactory quality, fitness for purpose and description; and
• 16.3.4. defective products.

17) COMMUNICATIONS BETWEEN US

17.1. When we refer, in these Terms, to “in writing”, this will include email.

17.2. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email. We will confirm receipt of this by contacting you in writing, normally by email.

17.3. If we have to contact you or give you notice in writing, we will do so by email to the address you provide to us in your Order.

17.4. Please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, or 24 (twenty-four) hours after an email is sent.

17.5. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

18) EVENTS OUTSIDE OUR CONTROL

18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

18.2. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:

• 18.2.1. strikes, lockouts, or other industrial action;
• 18.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• 18.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster;
• 18.2.4. impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
• 18.2.5. impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations, or restrictions of any government.

18.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

19) DISCLAIMERS

19.1. Kaloneo Beauty is not liable for any individual reaction to any particular ingredient. Prior purchasing and using any product from us, remember to carefully read all instructions, labels, and ingredient lists, and follow the appropriate directions for use. If you have a specific skin condition, allergy, or sensitivity, do not use ingredients that may trigger a reaction.

19.2. If you are not sure about your skin being compatible with our ingredients, please consult your healthcare provider or dermatologist prior to ordering or using any Kaloneo Beauty products. An allergy patch test is recommended if there is any doubt or history of skin reactions. Discontinue use if a reaction occurs.

19.3. Kaloneo Beauty accepts no responsibility or liability for any adverse consequences resulting directly or indirectly from the use of our products. Contact your doctor immediately if you suspect that you have a medical problem or emergency. Please follow the product's storage instructions carefully. Kaloneo Beauty is not liable for any individual reaction caused by a spoilt, destroyed, or defective product due to being improperly stored while in the customer's possession. Please consult a healthcare provider if you have any questions about a particular health condition. Do not disregard professional medical advice or delay in seeking it because of any information you have read on this website.

19.4. There are sometimes unknown individual risks and circumstances that can arise during the use of our products that can influence or reduce results. We are not responsible for your personal actions or choices before, during, or after using any of our products. You understand that any use of any product, suggestion, recommendation, or information is at your own risk, with no liability on our part. You accept full responsibility for your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you or any other person, may incur from your or their use or non-use of the Kaloneo Beauty products or information provided by Kaloneo Beauty. If you have any concern, please consult a physician or any other medical specialist.

20) OTHER IMPORTANT TERMS

20.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

20.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

20.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.6. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.

20.7. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.

20.8. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

20.9. These terms and conditions and the relationship between you and us shall be governed by and construed in accordance with the law of Australia. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Lake Macquarie, NSW.