Curlwave Terms and Conditions of Sale
These Terms and Conditions set out the legal basis on which we sell all of our products (“Products”) listed on our website. Please read these terms carefully as they detail the rights and obligations of both parties, including certain limits to our liability to you. By ordering any product from our site, you agree to these Terms. If you do not accept these Terms, you will not be able to order any Products.
1. Who We Are
Curlwave (the “Site”) is operated by Curlwave Pty Ltd, ABN 63 659 938 379 (“the Company,” “Curlwave,” “us,” or “we”). We are located at 1 Grant Avenue, Hope Island, QLD, 4212. You can contact us by email at support@thecurlwave.com.
2. Use of Our Site
Please refer to our Terms of Website Use Policy, which includes important terms that apply to you.
3. Your Personal Information and How We Use It
Please see our Privacy Policy to fully understand how we use and protect your personal information.
4. Are You a Consumer?
You are considered a consumer if you purchase products for personal use, outside of your trade, business, craft, or profession, and either:
- The goods or services cost less than $40,000, or
- The goods or services cost more than $40,000 but are of a kind ordinarily acquired for domestic, household, or personal use or consumption.
Consumers must be at least 18 years old to purchase products from our site.
5. Are You a Business Customer?
If you are purchasing on behalf of a business, you confirm that you have the authority to bind that business to these Terms. This agreement constitutes the entire agreement between your business and us, superseding all previous agreements, promises, warranties, and representations. The contract will be between Curlwave and your business, not you personally.
6. Our Contract
After placing an order, you will receive an email acknowledging receipt of your order. This does not mean your order has been accepted. The contract between us will only be formed when we send you a Shipping Confirmation email.
If we are unable to supply a product, we will notify you by email and will not process your order. If you have already paid, we will refund you as soon as possible.
7. Delivery
We are not liable for any delivery delays that are beyond our control. If there is a significant delay, you may reach out to us to cancel your order and receive store credit for any products that have not been delivered.
8. Inspection
You should inspect the products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us otherwise and return the products in accordance with your cancellation rights.
9. Guarantee
For details on what to do if your product does not work properly, please refer to our Guarantee Policy, which forms part of this contract.
10. Pricing
We make every effort to ensure all details, prices, and descriptions on the site are accurate. However, we are not obligated to fulfill orders where there are material errors in pricing or descriptions. All prices include GST and include delivery charges.
11. Payment by Consumers
Payment can be made using Mastercard, Visa, or PayPal.
12. Payment by Businesses
Payment can be made using Mastercard, Visa, or PayPal. Business customers have no right to set-off, counterclaim, deduct, or withhold payments.
13. Cancellations, Returns, and Refunds
A. Your Right to Cancel
To cancel a contract, email us at support@thecurlwave.com with your order details. Cancellations are effective from the date you send the email.
B. Return and Refund for Change of Mind
You can return products within 14 days of receiving them if you change your mind. However, please note that this policy does not apply to final sale items or any sale items, which cannot be returned or exchanged.
Products must be returned in their original packaging and condition. You will be responsible for return shipping costs.
C. Return and Refund for Faulty Products
If you receive a faulty item, please contact us within 30 days of purchase. We will gladly accept the return of faulty items and provide you with a full store credit.
D. Items That Cannot Be Returned
All sales of final sale items and any sale items are final. We do not accept returns, exchanges, or refunds on these items. Please carefully review your order before completing your purchase.
If you have any questions about our products or your order, please contact our customer service team for assistance.
Thank you for your understanding!
E. Our Obligations
We are responsible for supplying goods that conform to the contract. If you believe we have not done so, please contact us for assistance.
14. Our Liability if You Are a Consumer
We are liable for foreseeable loss or damage caused by our breach of these terms or negligence. We are not liable for any loss or damage that is not foreseeable. Our products come with guarantees that cannot be excluded under Australian Consumer Law.
15. Our Liability if You Are a Business
We only supply products for internal use by your business and not for resale. Our liability is limited as described under Australian Consumer Law.
16. Events Outside Our Control
We will not be liable for any failure to perform, or delay in performance of, any of our obligations under a contract caused by an event outside our control. If such an event occurs, we will notify you as soon as possible and our obligations will be suspended for the duration of the event.
17. Communications Between Us
For cancellations or any other communication, please email us at support@thecurlwave.com or send a letter to Curlwave Pty Ltd, 1 Grant Avenue, Hope Island, QLD, 4212.
18. Other Important Terms
This contract is between you and us. No other person has any rights to enforce any of its terms. You may only transfer your rights or obligations under these terms with our written consent. We may transfer our rights and obligations to another organization, but this will not affect your rights.