This website is owned and operated by Virtuate Pty Ltd (ACN 644 078 544) trading as Top Masks (Owner) under the domain name “www.topmasks.com.au” (Website). You acknowledge that by accessing and using this Website or Products provided by Top Masks, you agree to be bound by the following terms and conditions (Terms). We reserve the right to change the Terms at any time. By continuing to use the Website you agree to be bound by any amended terms and conditions. You should check from time to time to see if the Terms have been amended. The terms “we”, “us”, “our”, ” Top Masks”, “Virtuate Pty Ltd” and the “Website” refers to the Owner. The term Website includes any other website owned and operated by the Owner.
You acknowledge and agree that you will only use the Website on a personal and non-commercial basis and information obtained from the Website:
- must not be used, or permitted to be used, for any commercial or non-personal purpose;
- must not be removed, copied or reproduced, unless express permission is given by Top Masks;
- must only be used lawfully and in accordance with these Terms; and
- must not be disrupted in any way, by for example interfering with the software of the Website.
Top Masks, including but not limited to its directors, officers, employees, agents, representatives and third-party content providers, does not under any circumstances make any warranty or representation that the Website will be uninterrupted or error-free.
Top Masks makes every effort to ensure that the Website is running efficiently and smoothly, however we take no responsibility and will not be liable for the Website being unavailable for any reason whatsoever.
In order to access some of the features of the Website you will need to become a member.
If during the process of becoming a member you provide any information which is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete we may suspend, terminate or refuse both your current and future access to and use of the Website.
When you place an order with Top Masks, it is an offer by you to purchase a particular Product or Products for the specified price shown on the Website at the time of the order and in accordance with these Terms.
Top Masks reserves the right to reject your offer to purchase Products for any reason whatsoever, including but not limited to, errors in pricing, errors in Product descriptions, you trying to purchase more than normal retail quantities and Product unavailability. Under such circumstances, Top Masks may contact you to make alternative arrangements.
Prices and availability of Products are subject to change without notice.
Top Masks will not be held liable or responsible for lack of stock or sold out items due to third party supplier or manufacturer issues. In the event of this occurring, Top Masks may contact you in order to offer an alternative item, refund or credit.
Top Masks reserves the right to limit purchases to normal retail quantities.
Do you need to cancel an order and request a refund? We will happily cancel your order and refund your money if you contact us within 12 hours of placing your order. We are not able to offer refunds or cancellations after 12 hours has elapsed. We apologise if this causes you any inconvenience.
You acknowledge that all material published or appearing on the Website, including but not limited to designs, logos, graphics, images, icons, photographs, typefaces, software, data, information, pictures, and other materials, including all third party content and user generated content (collectively, Content) is the sole property of the Owner. The Content may not be reproduced, published or transmitted without prior written consent from the Owner. Infringement of copyright, trademark and/or other intellectual property rights may result in civil and/or criminal penalties.
All rights not expressly granted herein are reserved.
Privacy and Personal Information
In the event that a Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Top Masks reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Such occurrences may warrant a refund or store credit and will be assessed on an ad hoc basis.
If there is any inconsistency between the prices shown in Top Masks catalogues, emails or other promotional material and the prices shown on the Website due to human or typographical error, Top Masks reserves the right to nominate which price the Product will be sold for and Top Masks will not be held liable or responsible in any way.
You acknowledge and accept that:
- The information provided on the Website or any other material accessed via the Website is general information and should not be construed or used as advice.
- The content of the Website is subject to change without notice. Top Masks reserves the right to update and make changes to the Website without any notice to users of the Website.
- While Top Masks makes every effort to ensure that the information and other material provided on the Website is current, reliable, accurate and complete, all information and material on the Website is provided in good faith on an “as is” basis and to the extent permitted by law, we do not warrant or make any representations as to the currency, accuracy, reliability or completeness of information and material provided on the Website.
- Top Masks, including but not limited to its directors, officers, employees, agents, representatives and third party content providers, does not accept any responsibility arising in any way (including negligence), and is not liable for any loss (whether direct or indirect), resulting from any reliance or action taken by you on any information or material accessed through the Website or for errors, or omissions from, the information provided on the Website.
- Photographs, illustrations and packaging images shown on the Website are a representation of the Products advertised and the appearance of actual Products may vary.
- You will make your own inquiries and seek independent advice before acting or relying on any information or material provided on the Website.
Third Party Links
The Website may contain links to other sites on the internet that are owned and operated by third parties (Third Party Website). Those links are provided to you as a free service for your convenience only.
Any dealing between you and a Third Party Website is solely between you and the owner of that website and you use and access any Third Party Website at your own risk. You may not make any claim against Top Masks in relation to your use and access to any Third Party Website. Any link from the Website directing you to a Third Party Website does not imply our endorsement or approval of that Third Party Website, or any product or service being offered, provided, advertised or promoted on that Third Party Website. To the extent permitted by law, we do not make or give any representation or warranty, whether express or implied, as to any matter relating to any Third Party Website, including but not limited to the currency, reliability, accuracy and completeness of information provided on that Third Party Website.
Third Party Information
Information about the Products that are sold on the Website have been largely sourced from third parties, who are the manufacturers, suppliers and/ or retailers of those Products (Third Party Information).
You agree and acknowledge that where the Website sets out Third Party Information, that Third Party Information is being made available by us to you as a free service for your convenience only. Whilst we will not knowingly provide incorrect information, any reliance on Third Party Information is entirely at your own risk. To the extent permitted by law, Top Masks does not give any representation or warranty, whether express, implied or otherwise, as to the accuracy, currency, reliability or completeness of Third Party Information provided on the Website and we are not responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.
Consumer Guarantees – Your Right to a Refund, Replacement or Credit
The Australian Consumer Law (ACL) is the national law for fair trading and consumer protection. Nothing in these Terms excludes, restricts, or modifies any right, remedy or consumer guarantee available to you under the ACL.
You are entitled to a refund, replacement or credit from Top Masks when a product fails to meet one of the automatic consumer guarantees provided under the ACL, including that:
- The product is faulty or of unacceptable quality;
- The product does not match the product description; and
- The product is unfit for the intended purpose (does not do what it is meant to);
The consumer guarantees will not apply where you have:
- caused the product to become damaged (such as using the product in a way that it is not intended to be used);
- have mistreated or abused the product (intentionally or unintentionally);
- received what you asked for but changed your mind, found it cheaper elsewhere or decided you do not like the product; or
- knew of or were made aware of the faults before you bought the product.
You will be required to provide proof of purchase if you wish to claim a refund, replacement or credit from Top Masks.
To be eligible for a return, the product(s) must be unopened, unused and in its original packaging. If you wish to apply for a refund, please contact us and will we provide instructions for where to send the item(s).
Please note that we do not cover the cost of shipping associated with sending the goods back to us for a refund. If your refund is approved, the initial cost that we incurred with shipping will be deducted from the amount initially paid. We will notify you via email if/when your refund has been processed. The funds will be returned via the original method of payment (i.e. whatever method you used to pay for the order). The refund, if applicable, may take a few days to process or appear back on your card/funding account.
If your item gets lost in transit when being mailed back to us, we will not be liable for the cost of your loss. You may want to consider purchasing tracking/insurance for your item in case this happens.
Limitation of Liability
Where an Act of Parliament suggests any term, condition or warranty in the Terms and liability cannot be excluded, the liability of Top Masks will be limited.
Top Masks’s total liability shall in no circumstances exceed:
- in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
Coupons and Discount Codes
Top Masks may issue coupons or discount codes from time to time for use on the Website (Discount Codes).
- Cannot be applied to previously placed orders;
- Cannot be used in conjunction with other offers, unless otherwise specified on the Discount Code;
- Are not transferrable (unless otherwise specified on the Discount Code) or redeemable for cash or credit; and
- Must be entered prior to completing your order.
- Modify the terms of, cancel or restrict the use of Discount Codes at any time for whatever reason;
- Exclude certain Products from Discount Codes.
We try to ensure that all products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Top Masks does not accept any liability for loss or damage suffered by anyone as a result of any such delays and we shall not be liable for any inaccuracy of information provided in relation to the date and time of delivery.
We stock products both locally and internationally. All products are shipped individually regardless of whether the products are part of the same order, so items may arrive at different times because of this. Due to the time it takes for international deliveries to arrive, our shipping policy/time-frame is 3-6 business days for local products and 13-20 business days for international products. If for whatever reason the item(s) are not delivered, get lost, or are damaged during delivery, we will offer a full refund. Where damage occurs during transit, the customer must supply photographic evidence of damage and must alert us of the damage on the same day that the delivery is marked as complete by the courier.
Top Masks reserves the right not to ship to remote or rural locations.
If any portion of the Terms deemed to be invalid, illegal or unenforceable, that will not affect or impair the validity, legality or enforceability of the remaining terms and those remaining terms shall remain in full force and effect.
You must be over the age of 18 years and/or able to enter into a legally binding contract to use the Website.
These Terms, and your use of the Website shall be governed by the laws in existence in Australia. Any claim(s) related to BambooCollection.com.au, its constituents, and/or services provided by Top Masks shall be governed by the laws of the state of Queensland and you agree to submit to having the matter dealt with in a court within Queensland, Australia.
If you have any questions or concerns in relation to the Website or the Terms please contact us.
- Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
- Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
- References to includes or including or like words or expressions shall mean without limitation.
“Product” means the goods and/or services being offered by us and promoted through the Website.