Terms & Conditions

Welcome to the website of Trulux Pty Ltd (ABN 16 116 093 460) ("we", "us" or "Trulux"), a leading Australian manufacturer and distributor of cosmetics, raw materials, ingredients and packaging and provider of R&D services.

This website is located on the web via the domain http://www.thecosmeticsfactory.com.au and includes all the files located in that domain ("this site").

Agreement to these Website Terms of Use

By accessing this site or purchasing products via it, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and Trulux and govern your use of this site and your purchase of goods from us.

Raw Materials and Ingredients can be purchased offline however these Website Terms of Use apply to all supplies of goods made by Trulux to you. Where a purchase order purports to be made on or subject to terms and conditions other than these Website Terms of Use, you agree that such other terms and conditions are disregarded and form no part of the agreement, unless we expressly agree otherwise in writing.

Privacy Policy and Returns Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://thecosmeticfactory.com.au/privacy-policy/) and our Returns/Refunds Policy (located at https://thecosmeticfactory.com.au/returns-policy/), which are incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site. By using this site, you represent and warrant to the Company that you are over the age of 18 years. Should Trulux suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on use

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to Trulux at law or in equity, Trulux reserves the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:

            - you breach any provision of these Website Terms of Use;

            - Trulux is unable to verify or authenticate any information that you provide to us; or

            - Trulux believes that your actions may cause damage and/or legal liability to the Trulux of its customers or suppliers or any other person; and

  • remove or block access to any information and/or materials (in whole or in part) that Trulux, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.

Indemnity

You indemnify and hold harmless Trulux and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;
  • your use of, or connection to, this site subject to the Remedies Trulux provide; or
  • your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Orders

Order constitutes offer

By placing an order through this site or to Trulux directly, you make an irrevocable offer to us to purchase the goods that you have selected pursuant to these Website Terms of Use. Information contained in this site constitutes an invitation to treat only. No information in this site or a quotation constitutes an offer by us to supply any products to you until accepted by us. This acceptance may be made and communicated by Trulux in writing or by an overt act of acceptance as set out below.  

We will not commence processing any order made through this site or directly to us unless and until:

  • payment for the order has been received by us in full; and
  • the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.

We reserve the right at our discretion to:

  • at any time prior to your order being accepted in accordance with these Website Terms of Use, cancel all or part of your order; and
  • at any time:

            - refuse to provide goods to you;

            - terminate your access to this site; and/or

            - remove or edit any content on this site.

Acceptance of orders

Acceptance of each order will take place if and when the payment for the order has been made in full and Trulux:

  • sends the requested products to you. The title to, and risk in, the products will pass from Trulux to you when the products are despatched by Trulux. When the products have been sent, we will send you an email confirming that shipment has taken place;
  • provides you the requested products if you have opted to collect the ordered products from our premises. The title to, and risk in, the products will pass from Trulux to you when you collect them.

Prices

All prices are listed in AUD (Australian Dollars). Trulux reserves the right to change the prices for goods displayed in this site at any time before you place an order. The current prices will be displayed on the site in relation to the type of goods you require or provided to you by Trulux.Unless otherwise agreed our prices include standard packaging but do not include GST or any other similar applicable taxes, duties, levies or charges in any jurisdictions levied in relation to the goods or the delivery thereof (Taxes). Unless the Price has been indicated as firm by us, we are entitled to increase the Price of the goods still to be delivered if the cost price determining factors have been subject to increase. These factors include, but are not limited to raw and auxiliary materials, energy, goods obtained by us from third parties, wages salary, governmental charges, freight costs and insurance premiums.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). GST is applied to all order in Australia on taxable items including freight. International orders do not incur GST, however there may be import taxes and duties applicable to the destination of shipment that Trulux is not responsible for.

You remain liable for all taxes, customs and import charges. If you have questions, please contact your local customs office. Goods being held, stored or penalties incurred in processing international orders will be passed to you before the order is despatched

Shipping costs

All prices are quoted ex- works and do not include shipping & transportation costs. Shipping costs will depend upon the location for delivery and the items purchased and are shown separately during checkout[KM1]  and in our Shipping Conditions [https://thecosmeticfactory.com.au/shipping-returns/]. Trulux can only ship to a limited number of countries that are listed in the Shipping Conditions. If delivery of the goods is suspended or delayed because of your actions, inaction, instructions, lack of instructions, or failure to supply any required information additional charges may be made by us. We will not be liable for any losses incurred by you because of any delay as referred to above.

Delivery

If you request delivery by means other than normally used by us, then you must pay all additional costs associated with the means chosen. If you are unable or unwilling to accept delivery on or before the nominated delivery date, or if no delivery date is nominated and you are unable to accept delivery when we give notice that the goods are available for delivery, then unless otherwise agreed we will hold the goods in stock for 7 days after which time we may, at our discretion: (i)store the goods either at our own premises or elsewhere, at your expense (including any insurance premiums payable); (ii) invoice you and deliver the goods in accordance with prior arrangements, notwithstanding that your representative or agent is not present or is unwilling to accept the goods; or (iii) treat the contract as having been repudiated by you and invoice you for the full price of the goods and any other costs incurred by us less any amounts received by us from a bona fide sale of the goods to a third party.

The Cosmetic Factory Subscription Terms

In our absolute discretion, we may offer certain goods/services to be ordered on a recurring subscription basis on a certain number of specified weeks including “Off the Bench” or “Lab Access” (Subscription), whereby you agree to purchase a certain number of goods at a certain price. The details of the goods, services and price will be set out on the site in relation to the applicable Subscription. In this case Trulux will take payment from your credit card or nominated PayPal account after every 30 days (“Subscribe Period”) and then dispatch the goods to you, until such time as we, or you, cancel the Subscription.

You can cancel your Subscription by logging into your account and either cancelling it at least 10 days before your next delivery in Australia and 21 days if your order is being shipped overseas to ensure your order is not processed and your account is not charged. If we do not receive the cancel request within 3 business days prior to your next payment date, we reserve the right to dispatch the goods in accordance with your original subscribe request and take payment form your nominated credit card PayPal account., and then cancel your subscription. We may cancel your Subscription at any stage, including without limitation, when we no longer sell the goods or provide the services, or we reasonably believe you have not complied with these Subscription Terms or we wish to change the price for those goods with your subscription, or we may attempt to take payment from your nominated financial institution and it is refused in more than one occasion, or we notify you of a change to these Subscription Terms and you notify us with a 14 Business day period that you do not accept the new these Subscription Terms .

It is your responsibility to ensure your details are correct, including email, shipping delivery and payment details. We take not responsibility if goods are delivered to the wrong address or payment is not accepted, because you failed to update your details. In addition to these Subscription Terms all other Website Terms of Use apply.

Payment methods

Payment for orders placed through this site may be made:

  • by credit card (including Visa, Mastercard, American Express) and PayPal processed online.; or
  • via direct bank deposit by electronic funds transfer (EFT). You will be required to email your official direct deposit receipt so your order can be dispatched promptly. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.

Third party payment gateways

Trulux may use third party payment gateways such as SecurePay and Stripe to facilitate secure online payment transactions. Payments made through such payment gateways are subject to the terms and conditions and privacy policy of the relevant third-party providers. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to such third party payment gateway providers, other than information that is required in order to process your order and deliver your purchased items to you (e.g., your name, email address and billing/postal address).While our third party payment gateway and website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Trulux.

Refunds and other Remedies

Except as expressly provided otherwise in these Website Terms of Use and Refunds Policy, all amounts paid through this site are non-refundable. Further information on the steps that Trulux will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies " in these Website Terms of Use below.

Intellectual property

Copyright

In these Website Terms of Use, the term "Proprietary Content" means:

  • this site;
  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by Trulux in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of Trulux or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of Trulux or other copyright owner (as applicable).

Trademarks

The phrase "TRULUX" is a trademark of Trulux. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Trulux. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Trulux.

User Content

In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. Trulux reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

  • represent and warranty to Trulux that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
  • grant to Trulux a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Trulux’s absolute discretion.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRULUX AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an "as is" basis. The content is believed to be accurate, complete current and reliable at the date the information was placed on the site however to the maximum extent permitted by law, Trulux and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this site will meet your requirements or expectations;
  • anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up to date;
  • the advice and information on the site can replace professional advice for individual or specific conditions;
  • the quality of any goods, services, information or other material purchased or obtained through this site will meet any requirements or expectations other than the specifications we provide;
  • that your use of the goods is compliant with requirements or limitations under any statute, ordinance, code or standard (Law and Standards). You will be exclusively responsible for ensuring compliance with all Laws and Standards associated with your intended use of the goods and obtaining all necessary approvals, permits or clearances for such use.
  • errors or defects will be corrected; or
  • this site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, Trulux and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Remedies

Nothing in these Website Terms of Use is to be interpreted as having the effect of excluding, restricting or modifying any condition or warranty, or right or liability implied by any applicable legislation (including the Competition and Consumer Act 2010 (Cth) (the Act) into the Website Terms of Use if such exclusion, restriction or modification would be void or prohibited by the legislation. To the extent that Trulux breach any condition or warranty implied into the Website Terms of Use which cannot be excluded, or breach any condition or warranty expressly included in the Website Terms of Use, then Trulux’s liability is limited to, and completely discharged by, either: (i) replacement of the goods that are the subject of the breach, or the supply of equivalent goods; (ii) payment of the cost of replacing the goods or acquiring equivalent goods; (iii) repair of the goods; or (iv) payment of the cost of having the goods repaired or repair of the goods. Subject to the above, Trulux is not liable to you (or to any third party claiming through You) for any loss caused by any act or omission of Trulux, its employees or agent, and whether based on negligence or other tort, contract or otherwise. You agree that if you are acquiring the goods for business purposes and that the Act does not apply to you. If you are a Consumer as defined in section 4B of the Act and you have not contracted out of the Act under this clause, nothing in these Website Terms of Use will limit any rights you have under the Act.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Trulux excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of Trulux, and Trulux shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
  • these Website Terms of Use may not be construed adversely against Trulux solely because the Trulux prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

Trulux may provide any notification for the purposes of these Website Terms of Use by email.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Trulux 's prior written consent.

Trulux may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Trulux to act with respect to a breach by you or others does not waive the Trulux's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

Variation

Trulux reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.

You may only vary or amend these Website Terms of Use by written agreement with Trulux.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them without application of conflict of law.

 

Schedule 1 – Prohibited conduct

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
  • use this site by any automated means;
  • use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with this site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
  • reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
  • falsely imply that any other website is associated with this site;
  • do anything that leads, or may lead, to a decrease in the value of Trulux 's intellectual property rights in this site;
  • use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Trulux without Trulux 's prior written consent; or
  • use this site to transmit any information or material that is, or may reasonably be considered to be:

              - abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;

              - libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;

              - infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;

              - in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;

              - in breach of any person’s privacy or publicity rights;

              - a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);

             - in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;

             - containing any political campaigning material, advertisements or solicitations; or

             - likely to bring Trulux or any of its staff into disrepute.