Terms and Condtions

Terms and Condtions

Black Magic Concepts Pty Ltd  ABN 67 127 466 148

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Policy

Our privacy policy, which sets out how we will use your personal information, can be found at Privacy Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate.

Confidentiality

We are registered under the Privacy and Personal Information Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s  literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits  (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All items purchased on this website are done so in the understanding that all items are fully paid for before being collected or shipped.

Terms of Sale

By placing any order on our website you are offering (agreeing) to purchase the item or goods and subject to the following terms and conditions. All orders are subject to availability and on confirmation of the order price.

Dispatch times may vary according to availability and any guarantees made or representations made in respect to delivery times are limited to Australia and subject to any delays resulting from Postal delays or Forcet Majeure for which we will not be responsible.

When placing an order you will undertake that all information provided by you will be true and correct, that you are the authorised user of the Credit Card/Debit Card and that you will have sufficient funds to complete your order.

Our Contract

When you place an order online you will receive a receipt email confirming your order. This email is simply an acknowledgment and is not an acceptance of your order. A contract will not be formed until your payment has been confirmed.

Pricing and availability

Whilst we will try and endeavour that all details, descriptions and pricings that appear on this website are correct some errors may occur. If we discover an error in the price of any item that you have ordered we will inform you as soon as possible and offer you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel the order you will receive a full refund. We will not be responsible for any bank charged incurred by your bank.

Discounts and Special Offer Codes

From time to time discount and special offer codes may be made available to clients of this website, these codes can and only may be used in accordance to the terms set out at the time of the offer.

Returning Goods

Do not send back any items that you consider faulty until you have spoken to a representative of Black Magic, most faults can be rectified by talking to one of our staff members. If you have purchased our equipment from one of our distributors you need to return it to them for repair.

If your item is faulty within the first 14 days we will replace it for you or offer you a refund. After this time your item will need to be sent back to our HQ for repair. If anything happens to any equipment within the first 30 days we will pay for the cost of the postage back Australia ONLY. Overseas orders please email info@spraytanning.com.au

You are responsible for the cost of returning goods to us. All goods returned remain your responsibility until they reach our warehouse. Please ensure that your item is packed correctly, items that are damaged will be photographed and an estimate supplied to you for repair. We are not responsible for any goods returned to us in error.

Black Magic will not be held liable for any form of compensation due to equipment or product failure. All items are sold for their intended use(s) however should an item be deemed faulty and causes loss of any income to the customer Black Magic will and cannot be held liable other than rectifying the issue either by refund, repair or replacement. 

Images - All images on this website are intended to be as close as possible to the item for sale, and are classed as Illustration Purposes Only, and items may differ slightly from time to time. 

Black Magic Concepts Pty Ltd reserve the right to administer a restocking fee on any item that is returned, this amount is calculated at 15% of the value or $55.00 which ever is the lowest amount. This covers the cost of inspection and testing  and repacking of any opened or returned stock items.

For a complete list of returning goods please click here returns

Cancellation Policy

You may cancel your order however you must do everything to let us know that you wish to cancel the order. We advise that calling and speaking to us is the most effective way to cancel an order, please note that we are only open 9 – 5 Mon to Friday EST. If your order has been shipped prior to your notification our other returns policy remains.

Availability

Unless otherwise stated, the services featured on this website are only available in Australia, All advertising is intended solely for the Australian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused

 

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s name is a registered trademark of this Company in Australia and other countries. The brand names and specific services of this Company featured on this web site are trade marked and mis use of these trade marks is completely forbidden. 

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Australia govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis


These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© Black Magic Concepts  2013  All Rights Reserved