Terms of Service

Terms Of Use & Sale

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• Our liability under these terms is limited as set out under the heading 'Limitations';
• We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.

Nothing in these terms limit your rights under the Australian Consumer Law. 

Any information contained on the Site and in any materials provided with our products is provided for general information purposes only and does not take into account your personal circumstances. This information is not intended to be advice or a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition. If you have an existing health condition, we recommend you consult a medical professional before using our products.

Introduction:

This website (Site) is operated by MCo Beauty Pty Ltd (ACN 605 552 234) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up to date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.

Our Site is provided in English. If you require assistance in another language or information in an accessible format, please contact us using the details above.

Use of the Site:

You accept these Terms by placing an order via the Site or accessing and using our Site.

You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old, or have the consent of a parent or guardian to use our Site and to make purchases.By using our Site, you confirm that you meet these requirements. We recommend that you print a copy of these terms for future reference.

When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including: 

• anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
• using the Site to defame, harass, threaten, menace or offend any person;
• using the Site for unlawful purposes;
• interfering with any user of the Site;
• tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
• using the Site to send unsolicited electronic messages; 
• using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
• facilitating or assisting a third party to do any of the above acts.

We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site. Our Site is made available free of charge. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms, and that they comply with them.

Accounts:

You may purchase products through an account with us and we may allow you to register for an account using a social media account. An account allows you to make purchases from our Site, review your order history, save your wish list and leave feedback and reviews for the products you purchase. If you log in through your social media account, you authorise us to access certain basic information in accordance with your privacy settings within your social media account.

You must ensure that any personal information you give to us when creating an account is accurate and up to date. All personal information that you give to us will be treated in accordance with our Privacy Policy, available on our Site.

It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

If you know or suspect that anyone other than you knows your user identification code or password, or that there has been any unauthorised use of your account or any other breach of security, you must promptly notify us at the email at the bottom of these Terms.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

Shade Matching:

We have a shade matching feature on our Site which is powered by a third party, ‘Match My Makeup’ (Match My Makeup), and which allows you to seek recommendations for makeup products that complement your skin tone and features. Your use of Match My Makeup may be subject to additional terms and conditions of the Match My Makeup provider.

Match My Makeup works by utilising your answers to a number of questions relating to your existing foundation shade and skin tone and uses scientific colour analysis to find your match.

Whilst Match My Makeup is intended to be as accurate as possible, any recommendations made by Match My Makeup are for guidance only and may not be perfect matches in all lighting conditions or for all skin types. We do not guarantee that recommended products from Match My Makeup will be suitable for your skin type or free from allergens.

Orders:

You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Reasons for rejecting an order can vary, some examples of why we may cancel an order include: 

• there is a considerable delay in dispatching your order;
• for any reason we cannot supply the products you order (for example due to an event beyond our reasonable control);
• the products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image); or
• there is a problem with authorisation of your method of payment.

In such case, we will contact you using the details you provided when you placed your order and refund the applicable amounts paid upfront by you to us.

Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.

You may cancel your order at any stage before the products you purchased are dispatched to you. To cancel your order prior to receiving the shipping notification, please contact customer care through live chat or email the email at the bottom of these Terms, or by replying to your order confirmation email and our team will arrange this for you. For further details, please see our Returns policy (below). Your right to cancel as set out in this clause is in addition to your rights under the Australian Consumer Law.

We make every effort to display as accurately as possible the colours, images, specifications, and details of the products available on our Site. However, we cannot guarantee that your device's display of any colour, texture, or detail of the product will be accurate. Your product may vary slightly from those images. The packaging of the product may also vary from that shown on images on our website.

Price & Payments:

You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in local currency and applicable taxes (where applicable) will be set out separately. You must pay any customs duties or taxes charged on the Price.

You must pay the Price upfront using one of the methods set out on the Site.

You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

Our prices may vary over time due to promotional events or other factors. The Site contains a large number of products, and it is always possible that, despite our best efforts, some of the products listed on the Site may be incorrectly priced. If that happens, we will contact you to confirm the price, and you will have the choice of completing your purchase at the correct price or cancelling your order. We will rectify any such errors as soon as possible once we become aware of them.

Where you order the products for delivery outside of Australia, you may need to pay custom charges, import duties or taxes in addition to the Price, which may be imposed by the destination country or any intermediary countries through which the products may transit (Additional Charges). These Additional Charges are not included in the Price and are your sole responsibility. We have no control over the assessment or collection of Additional Charges and cannot predict their amount. You are responsible for complying with all applicable laws and regulations of the destination country regarding the import of the products, and it is your responsibility to check with your local customs office for more information before placing your order.

Promotions & Gift Cards:

We may from time to time issue promotional discount codes for certain products on the Site.

To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

eGift cards: eGift cards issued by us can be used to purchase products on the Site. eGift cards are valid for 3 years from the date of purchase.

• eGift cards cannot be redeemed for cash, resold, or used to purchase additional eGift cards.
• Any unused balance will remain on the eGift card and can be applied to future purchases during the validity period.
• If your purchase exceeds the amount on your eGift card, you must pay the difference using another payment method.
• Refunds for products purchased using an eGift card will be made to the original eGift card.
• We are not responsible for lost, stolen, or damaged eGift cards or unauthorised use (except where caused by our negligence or wrongdoing).
• Please treat your eGift card like cash and keep it secure.

Birthday/Promotional Vouchers: We may also offer birthday/promotional vouchers which have separate validity periods and are subject to additional terms and conditions as specified on or provided with the birthday/promotional voucher.

Delivery, title and risk:

If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We are not responsible for delays caused by events outside our control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not yet received.

We deliver the products using a range of delivery methods. You may need to sign for some deliveries and you may have the choice for our delivery partner to leave the products in a safe place or to leave the products at your nearest post office for pick up.

Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. We are not responsible for the loss, damage or destruction of products after they have been delivered.

Australian Consumer Law:

Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new replacement product or refund you the Price of the relevant product. Please contact us for further information.

Limitations:

Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

• neither Party will be liable for whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data; 
• each Party’s liability for any liability including expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise (Liability) will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses;
• our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; 
• we only supply the products for domestic and private use to consumers;
• without limiting your rights under the Australian Consumer Law, as set out under the heading ‘Australian Consumer Law’ above: 
  • we are not responsible for any damage to products which is caused by your failure to follow any advice we give you to keep products safe (including any instructions or product manuals provided with the products); and
  • we are not responsible for, and shall not be liable for any harm suffered by any person as a result of, any allergic reaction, skin sensitivity, irritation or other adverse effects which results from your failure:
    • to check the ingredients list for our products; or
    • follow our instructions for use” (provided that a copy of, or information on how to access, such instructions is provided on or with the relevant product when it is delivered).

Intellectual Property:

You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

You must not, without our prior written consent:

• copy, in whole or in part, any of Our Intellectual Property; 
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

• breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

• you do not assert that you are the owner of Our Intellectual Property;
• unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us; 
• you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and 
• you comply with all other provisions of these Terms.

User Content:

Posting Content: Users may have the opportunity to upload or post content, including text, images, videos, and other multimedia files to the Site (User Content), subject to our approval and these Terms. We reserve the right, at our sole discretion, to allow or prohibit the posting and hosting of User Content on our Site.

Licence to Use User Content: By uploading or posting User Content on this Site, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and perform the User Content in connection with the Site and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.

User Responsibilities: You are solely responsible for your User Content and the consequences of posting or publishing it. You confirm that you own or have the necessary licences, rights, consents, and permissions to publish the User Content you submit and it will not breach any law or infringe the rights of any third party, including copyright, trademark, privacy, and data protection laws.

Removal Rights: We reserve the right to edit or remove any User Content at any time without prior notice, for any reason, and without liability to you or any other party.

User Generated content is not approved by us: Our Site may include information and materials uploaded by other users. This information and these materials have not been verified, endorsed or approved by us, and we are not responsible for any User Content. The views expressed by other users on our Site do not represent our views or values.

Reviews:

We welcome and encourage customers to leave reviews of our products. However:

• your review must comply with the standards set out in these Terms;
• your review must be based on your personal experience with the product;
• your review must not name any of our competitors;
• you may not post a review if you have any personal or business relationship with us that might influence your review; and
• f you are reviewing a product you received from us free of charge, or you received any other benefit from us in exchange for writing a review, your review must say so.

General:

Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by any event or circumstance which is beyond a Party’s reasonable control (Force Majure Event), provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 

Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

Assignment:You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 

Amendment:We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

Rules about linking to our Site: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Site other than that set out above, please contact us at the email set out at the bottom of these Terms.

AI use notice: Our Site may incorporate or make use of a general purpose artificial intelligence model or system (AI System) that relies on machine-based processing for generating outputs that include text, suggestions, recommendations, or other forms of content. This serves varied objectives and is designed to operate with different levels of autonomy, occasionally learning from data to adapt or improve its performance over time. While we implement policies and procedures to minimise risks arising from the use of this AI System, your use of any content or functionality produced by the AI System remains subject to all the disclaimers and limitations set out in these Terms.

We aim to be transparent about the nature and purposes of the AI System. In particular, that we will make reasonable efforts to: inform you when you are interacting with, or receiving outputs from, a general purpose AI model, explain the general logic and functionality behind it, clarify how the AI System’s outputs are generated, any known limitations of the AI System (for example, the risk of so-called “hallucinations,” misclassifications, or inaccuracies), as well as the types of data sources it may rely upon.

We do not warrant the factual correctness, completeness, or reliability of the outputs generated by the AI System. While we incorporate technical and organisational safeguards to mitigate potential risks, AI technology fundamentally produces content based on probability and patterns identified in data, including public and proprietary sources. It may consequently generate inaccurate or outdated information.

You should use your own judgement before relying on any information provided by the AI System and seek professional or independent advice where necessary. Where the AI System operates using personal data (e.g. through user prompts or the model’s training data), we handle such data in accordance with our Privacy Policy and applicable data protection legislation. If you have concerns about our AI System’s processing of your personal data, including any right you may have to correction or erasure of personal data memorised by this technology, please contact us using the details provided in our Privacy Policy.

We remind you that certain content displayed or generated by the AI System could derive from external sources. We do not claim intellectual property rights over third-party material or user input. Where required by law or contract, we respect opt-outs asserted by rights-holders who wish to exclude their content from AI System training data or usage. We endeavour to identify the source or status of training data whenever feasible. If you believe that your intellectual property rights are infringed by the AI System’s outputs, please write to us at the contact address stated in these Terms.

The AI System may evolve, be modified or updated from time to time, reflecting technological progress, improvements in training data, or the deployment of additional safeguards. We reserve the right to enhance, suspend, or discontinue the AI System’s features or outputs, with or without prior notice, and without liability to you.

By using our website and any functionality underpinned by the AI System, you acknowledge that you understand the inherent limitations and potential risks associated with AI. You further accept that we provide the AI System “as is,” without any guarantee of its uninterrupted availability, infallibility, or suitability for your particular needs. You agree to comply with all applicable rules when interacting with our AI System, including any references to restricted or prohibited uses set out in these Terms.

If you have additional questions or concerns about this AI transparency notice, or if you wish to exercise any rights you may hold under the law in relation to your data used by the AI System, kindly contact us using the details provided in these Terms. We will make reasonable endeavours to address or mitigate any legitimate concerns regarding data handling or the accuracy, reliability, or compliance of the AI System.

 

For any questions and notices, please contact us at:
MCo Beauty Pty Ltd (ACN 605 552 234)
Email: info@mcobeauty.com.au