To the extent permitted by law, all contracts and dealings between ProLash (‘ProLash’) (and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns) and any person (‘Customer’) relating to any products (‘Products’) or services (‘Services’) provided and supplied by ProLash to the Customer are subject to the terms and conditions of trade set out below (‘these Terms’).
These Terms shall be deemed to be incorporated into all contracts for the supply of Products or Services by ProLash to the Customer. These Terms supersede all prior understandings, arrangements and agreements relating to such supply. In the event that there is any inconsistency between these Terms and any other communication from ProLash, these Terms shall prevail unless specified otherwise in writing by ProLash.
In these Terms:
“Delivery” or “delivered” means the time when the Products are transported from the premises of ProLash by whatever means or when ProLash advises the Customer the Products were available for collection.
“Intellectual Property Rights” means all intellectual property rights (whether created before, on or after the date of this Agreement and whether registered or unregistered) in respect of copyright, any patents, trademarks, logos, designs, software, domain names, business or trade name, together with marketing concepts and designs, product knowledge, training systems and materials, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts, details of product development, and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise or any similar industrial property right or any right to, or application for registration of, any of them;
“Licence” means the personal non-exclusive licence granted by ProLash to the Customer to use the Intellectual Property Rights for their personal use, and includes the rights specified under clause 7;
“Products” includes but is not limited to lashes, glue, glue remover, primer, protein remover and other products provided by ProLash.
“Services” includes but is not limited to Training Courses, consulting, and eyelash extension application.
“Training Course” means training and support provided to the Customers and trainees.
Pricing may be subject to change without notice.
3. Payment Terms
The Customer agrees that:
(i) All payments for Products and Services must be made to ProLash in accordance with the method of payment outlined on ProLash’s website at the time of purchase.
(ii) Any dispute regarding payment must be advised to ProLash within seven (7) days of purchase.
The Customer agrees and acknowledges that:
(i) ProLash reserves the right to refuse sale of Products to any Customer without reason.
(ii) The Customer is aware that Products supplied by ProLash including eyelash extensions are to be used with care and the application of eyelash extensions is to be done with caution and by trained professionals only.
(iii) By purchasing a eye lash extensions from ProLash’s website the Customer represents to ProLash that the Customer has obtained the appropriate qualifications and skills necessary to apply individual eyelash extensions (excluding a ProLash Trainee please refer to the Trainee Terms and Conditions).
(iv) ProLash reserves the right to refuse the sale of Products to Customers understood to be misusing ProLash Products, or to be using them in a manner deemed to be unsafe.
(v) The Customer is aware that Products must be stored at room temperature, as exposure to high or low temperatures may cause significant change to the Product, rendering it unsuitable for its intended use.
(vi) ProLash their officers, directors, employees, affiliates, or agents do not make any warranty as to the results that may be obtained from the use of the Products and/or Services or as to the accuracy, reliability, suitability or content of the Products and/or Services.
(vii) ProLash eyelash extensions may not be suitable for all persons:
a. ProLash recommends conducting a patch test of the proposed ProLash eyelash extension Products on Customers, especially in the event that the Customer is a first time user of ProLash Products;
b. If it is known that a Customer suffers from sensitive skin it is advised that the professional eyelash technician and their customer undertake a patch test/
(viii) Misuse of any Product may cause harm or serious injury.
5. Returns of Product
The customer agrees that:
(i) ProLash will not accept returns for change of mind.
(ii) If faulty where the item is in its original condition and returned within seven (7) days of purchase, or fourteen (14) days in the case of international deliveries, for a full refund of purchase price less postage and handling.
ProLash will provide a full refund of purchase price, including postage and handling, where the Product supplied is not in accordance with the purchase,
where the item is in its original condition and returned within seven (7) days of purchase, or fourteen (14) days in the case of international deliveries, for a full refund of purchase price less postage and handling.
(iii) Refunds will be received by the Customer within four (4) weeks of the date ProLash receives the returned Product.
(iv) ProLash reserves the right to amend Return methods without notice.
(v) Any custom made, custom processed or custom acquired Products will not be returnable at all.
6. Shipping of Product
6.1 In no circumstances will ProLash be held responsible for Products that fail to reach their intended destination due to an error on the part of the Customer including failure to supply the correct postal address.
6.2 ProLash will not be liable for delay, failure or inability to deliver.
6.3 A Product will be shipped within one (1) day of ProLash receiving a cleared payment of entire purchase price, including postage and handling.
6.4 The Customer acknowledges that there are restrictions on some Products, and some Products cannot be shipped to international destinations.
6.5 ProLash reserves the right to amend Shipping methods without notice.
7. Intellectual Property Rights
7.1 The Customer’s purchase of Products or Services does not confer on the Customer any assignment of any Intellectual Property Rights that subsists in the Products or Services, and the Customer agrees that it will not assert any rights in, or challenge ProLash’s title to, those Intellectual Property Rights.
7.2 ProLash makes no representation or warranty to the Customer of any kind, express or implied that the Products or Services will not infringe any intellectual property rights of a third party.
7.3 The Customer acknowledges that ProLash retains ownership of all rights, title, interest and goodwill in the Intellectual Property Rights.
7.4 ProLash grants to the Customer, and the Customer accepts, a personal non- exclusive licence to use the Intellectual Property Rights for the purposes of the Terms.
7.5 The Customer shall not be permitted to assign, transfer or sub-licence any of the rights granted to it by ProLash to any related party or any unrelated third party without the express consent in writing of ProLash. ProLash may withhold such consent in its absolute discretion or may grant consent on such terms as it considers fit.
7.6 The Customer shall not re-publish, transfer, copy, reproduce or post on the internet any of Prolash’s materials without Prolash’s prior written consent.
7.7 In addition to any other remedies available to ProLash under these Terms or otherwise, any unauthorised use, alteration, modification, reproduction, publication, disclosure or transfer of the Intellectual Property Rights will entitle ProLash to any available equitable remedy against the Customer.
8. Risk in the Products
8.1 ProLash does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to the Customer.
8.2 Further to clause 8.1, the Customer accepts upon delivery or collection of the Products all risk for loss or damage to the Products whether caused by the Customer or not, and the Customer indemnifies ProLash against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the Products after the Customer has taken possession of the Products. Risk in the Products will remain with the Customer at all times unless ProLash retakes possession of the Products in accordance with clause 5.
9. Limitation of Liability
The Customer agrees:
(i) To the extent permitted by law, ProLash will not be liable to the Customer or any other person under any circumstances for any loss of use, profit, revenue or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:
a. any negligent act or omission or willful misconduct of ProLash or its employees or agents;
b. the supply, performance or use of any Products (including but not limited to operation and servicing issues that may arise from limitations or errors on client technical environment and infrastructure); or
(ii) No other term, condition, agreement, warranty, representation or understanding (whether express or implied) in any way binding upon ProLash, other than these Terms, is made or given by or on behalf of ProLash.
(iii) The Customer is solely responsible in making an assessment that any Training Course, Products and/or Services are reasonably fit for the Customer’s intended purpose and are in accordance with all applicable laws.
(iv) The Customer agrees that it will not make any claim against ProLash for any loss or damage whatsoever or howsoever suffered as a result of the Customer’s acceptance of, or participation in, ProLash’s Products or Services, including Training Courses.
The Customer agrees that it will rely on its own knowledge and expertise in selecting any Training Course, Products and/or Services for any purpose and any advice or assistance given for or on behalf of ProLash shall be accepted at the Customer’s risk and shall not be deemed as expert advice nor is such advice or assistance to be relied upon by the Customer.
In the interest of continued improvement, ProLash reserves the right at any time to alter the specification in respect of the Products or Services without giving notice to the Customer. An alteration does not entitle the Customer to return Products, cancel an order or otherwise avoid its obligations and liabilities pursuant to these Terms.
12. Force Majeure
If the performance of ProLash’s obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of ProLash, ProLash will not be liable for any loss or damage suffered by the Customer or any other person and ProLash will give the Customer written notice if the force majeure event has continued unabated for thirty (30) days.
The Customer agrees that all contracts made with ProLash shall be deemed to be made in the State of Victoria and these Terms are governed by the laws of the State of Victoria and the parties unconditionally submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.
ProLash may amend these Terms at any time, by posting a notice on ProLash’s website. By continuing to place orders for Products and/or Services, the Customer will be deemed to have accepted the revised terms.
Please report any breach of these Terms to ProLash.
8/148 Wattletree Road