Terms & Condition

Preliminary

These terms and conditions as well as our privacy policy, shipping, delivery, returns & refunds policies, constitute an agreement between Cherry Lash ( Cherry Lash, we, our, us) and you, the visitor and/or customer, governing your access and use of the Cherry Lash website accessed through the URL www.cherrylashstore.com (our website). By accessing or using our website or registering with us, you acknowledge that you have read, understood and agree, without limitation, to be bound by these terms and conditions and other related policies mentioned above. At the outset, you should be aware that your use of our website is at your sole risk and you agree that you will be personally responsible for your use of our website and for all of your communication and activity on our website.

Liability

Cherry Lash is not liable for any losses or damages whatsoever (including, without limitation, damages for loss or profits, business interruption, loss of information) caused by or arising out of the use or inability to use the material or information available on this website or any website linked to or from this website. We reserve the right to refuse any order without giving reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received for online purchases.

Orders

We will only accept orders via our website from customers with a billing and delivery address located in the US (including Puerto Rico), UK, Canada, Mexico, Portugal, and Ireland. Unfortunately we are unable to accept orders from, or deliver to, other overseas locations outside of these countries. Our secure online ordering system is a live transaction processing system. This means that when you place an order for an item, you will be automatically charged. We verify all your details via electronic means, and may also contact you for a verbal confirmation before any goods are sent to you.

For high dollar value purchases over $500, sometimes we may ask you to confirm certain details about your order and/or provide copies/photos of relevant identity documentation (ie. driver's licence, credit card, etc) first before we ship the products out to you. This is a necessary security step to mitigate the risk of potentially fraudulent or unauthorised credit/debit card transactions (ie. card not present transactions) and helps to provide us with a level of satisfaction that these orders are in fact from legitimate people.

Delivery

The delivery times provided by Cherry Lash are estimates only. Cherry Lash will not be held accountable for late deliveries or loss or damage relating to late deliveries. In the event that multiple items are ordered, part deliveries may be made where stock is not available. All reasonable attempts to notify you will be made using the details you provided. Please ensure you enter the correct delivery address. Cherry Lash cannot be held responsible for incorrectly entered delivery addresses. Please refer to our Shipping & Delivery Policy for further information.

Acceptance of goods

The buyer is responsible for inspecting the goods for fault and notifying us within 7 days of receiving the goods should there be a fault or any damage incurred during transit.

Pricing

Prices on this website are subject to change without notice. All orders and transactions, regardless of whether payment is made via credit card, debit card, direct deposit, PayPal or in cash, are charged only in US Dollars (USD) unless otherwise stated. A Good & Services Tax (GST) of 10% is charged on all orders.

Returns

Returns must be in 'as new' condition and unopened in their original packaging unless faulty. Please refer to our Returns & Refund Policy for further information.

Order cancellations

If notified before goods have been dispatched, Cherry Lash can accommodate order cancellations. But regardless of whether or not items have already been shipped, Cherry Lash reserves the right to refuse order cancellation or charge a cancellation fee.

Privacy Policy

Cherry Lash recognises that your privacy is very important to you and we value the relationship we have with you. For this reason, your visit to this website is subject to our Privacy Policy and we encourage you to read our Privacy Policy prior to purchasing our products or further using our website.

Copyright

You acknowledge and agree that any and all trade marks, copyright, designs, the ‘look and feel’ of our website, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, software and all HTML and other code contained in our website and all other intellectual property remains at all times vested in Cherry Lash and/or are the property of their respective third party owner and must not be used, published or reproduced in any manner without the prior written consent of Cherry Lash or the relevant third party. In relation to any third party intellectual property rights, you acknowledge that nothing in these terms and conditions or on our website purports to demonstrate that any third party rights are owned or licensed to Cherry Lash from the relevant third party.

Content

Cherry Lash will not be held responsible in the event that you encounter material that you deem offensive, indecent or otherwise objectionable.

Errors, Mistakes and Missing Information

Despite our tireless efforts, Cherry Lash cannot guarantee that our website will be completely free of errors and misleading information. In the event of an error or other content related issue, Cherry Lash reserves the right to correct such error without notification. Cherry Lash also reserves the right to cancel any order that may have been made under the pretense of such error. In the event where an order is canceled, but has been paid for, the user will receive a full refund.

Customer Feedback

Please note that all customer feedback given to Cherry Lash shall be considered the property of Cherry Lash. This includes all customer communication, testimonials and contact information. By releasing this information to Cherry Lash, you are hereby giving Cherry Lash the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute such material in any way deemed appropriate by the management of Cherry Lash.

Your obligations and responsibilities

In the access or use of our website, you agree to comply with these terms and conditions and the special warnings or instructions for access or use posted on our website from time to time. You will always act in accordance with the law, custom and in good faith. You may not make any change or alteration to our website or any content or services that may appear on our website and may not impair in any way the integrity or operation of our website.

Third party advertising and links to external websites

The Cherry Lash website may, from time to time, contain links to other websites, including links to other websites or resources operated by third parties, including advertisers. Cherry Lash has not reviewed all of the websites linked to its website and does not necessarily sponsor, endorse or approve of any of the advertising, products, services or other materials on, or available from, such websites. Furthermore, Cherry Lash makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any advertising, products, services or other materials on external websites to which its website is linked. Cherry Lash also makes no warranties or representations that the advertising, products, services or other materials on the websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world and Cherry Lash is not authorising infringement of any such rights by linking to such websites.

Changes to the terms and conditions

You acknowledge and agree that Cherry Lash reserves the right to, and may make changes to, these terms and conditions from time to time to reflect its changing business. However, Cherry Lash will not vary these terms and conditions so as to retrospectively increase your liability to Cherry Lash. Once changes are made to the terms and conditions, Cherry Lash will make a new copy of the terms and conditions available on its website as soon as possible after the changes are made. The amended terms and conditions will apply from the date the new terms and conditions are posted on our website. You agree that Cherry Lash is under no obligation to provide you with notice about changes to the terms and conditions and you further agree that it is your responsibility to check the terms and conditions for any changes. If you do not agree to any change to the terms and conditions, then you must immediately stop using our website.

Force majeure

If by reason of any fact, circumstance, matter or thing beyond the reasonable control of us or you either is unable to perform, in whole or in part, any obligation under these terms and conditions, then that party is relieved of that obligation to the extent and for the period of time that it is so unable to perform and is not to be liable to the other party in respect of such inability.

These terms and conditions are independent of one another

If any provision of these terms and conditions offends any applicable law and, as a consequence is illegal, invalid or unenforceable then where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result. In any other case, the offending term must be removed from these terms and conditions, in which event the remaining provisions of these terms and conditions will continue to operate and be valid and enforceable.

The law that applies to these terms and conditions

Unless otherwise agreed in writing by Cherry Lash, the Courts of any State or Territory in the US will have exclusive jurisdiction in relation to all matters whatsoever concerning these terms and conditions. The customer irrevocably waives any objection to the venue selected by Cherry Lash in relation to any legal proceedings concerning these terms and conditions. The laws of the State or Territory chosen by Cherry Lash for any such legal proceedings, will govern these terms and conditions.