Terms and Conditions
Love Cosmetics T/A Loving Tan Pty Ltd ABN 651 346 017 91 (“Loving Tan”) maintains the websites and associated features and mobile applications located at lovingtan.com, us.lovingtan.com, au.lovingtan.com, int.lovingtan.com (collectively the "Site").
Please read these Terms carefully. We may change these Terms at any time, and the revised version will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.
Your use of the website and these Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
ACCEPTANCE OF TERMS
If you do not agree to these terms, you must not use the site. Although you may bookmark a particular portion of the Site and bypass these Terms, your use of the Site still binds you to these Terms. If you have a question about these Terms, please email us at firstname.lastname@example.org.
Subject to your compliance with these Terms, Loving Tan grants to you a personal, non-exclusive, non-transferable, limited, revocable right to enter and use the Site. Any unauthorised use of the Site terminates the permission granted by Loving Tan to enter and use the Site.
If you are under 18 years of age, you should consult your parents about what portions of the Site are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of any services conflicts with any applicable law, rule or regulation.
You are solely responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse access to the Site to any person or entity and change our eligibility criteria at any time.
If you would like any further information about our privacy policies or practices, please contact us at email@example.com.
PLACING AN ORDER
You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
You must pay the price stated on our website as being the purchase price for the relevant products for an order to be made. It is your responsibility to confirm what is in your cart prior to making a purchase. We do not provide refunds for products that are mistakenly purchased. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. By placing an order with us, you warrant and represent to us that:
- You understand the nature and effect of the Terms and agree to be bound by them;
- You are authorised and legally permitted to purchase the products being ordered;
- You are authorised and legally permitted to effect payment for the products being ordered using the payment method selected; and
- The information provided to us in connection with your purchase is accurate and complete.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Due to the nature of our business, Loving Tan is unable to cancel your order after it has been placed. Please contact our customer care team at firstname.lastname@example.org if you need assistance with your order.
PRICES AND FEES
The prices of our products and shipping fees displayed on the Site are current at the time of order confirmation, however, we reserve the right to change prices at any time before order acceptance (i.e. sending out an order confirmation email).
All prices shown in our store Site will be subject to different currencies outlined below:
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We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
- the purchase price of each product that is ordered inclusive of GST (unless otherwise indicated).
- the shipping fees for delivering the products to you; and
- all other fees and charges identified in these Terms.
Payment may only be made in the methods provided on our website, located in our footer. Unless otherwise stated on our Site, the purchase price of the product does not include third party shipping fees (“Shipping Fees”) of our transport or shipping providers (e.g FedEx, DHL, Australia Post). We will not dispatch any orders until the purchase price, shipping fees and any other applicable fees or charges have been received.
When, or after delivery of your order is made, there may be additional fees, duties or excise taxes (“Import Charges”) assessed or levied by government, postal or customs authorities in relation to your order. Import Charges are not included in our Shipping Fees, and must be paid by you separately to the relevant government or customs authorities.
You will not be entitled to reimbursement from us for Import Charges payable in relation to your order. If you fail to pay the Import Charges and your order is returned to us undamaged and in saleable condition, we will provide you with a refund of your order excluding applicable Shipping Fees. In the event delivery of your order is rejected by government, portal or customs authorities for unpaid Import Fees and is not promptly returned to us, we will deem your order delivered and will not send another parcel or make a refund.
AVAILABILITY OF GOODS
After ordering online, you will receive an email confirmation from Loving Tan containing your order details to the email address used to place the order.
Your product will be considered delivered under the Terms when your parcel is scanned as delivered to your nominated shipping address by the applicable shipping or local transport provider. Unless requested by you during the order process, all risk in the product, including its title, shall pass to you upon delivery.
Incorrect Delivery Address
Please carefully read the following terms:
We cannot make changes to your shipping addresses or redirect your parcel once the Order Confirmation has been emailed to you.
We cannot send you a replacement product, or process a refund for a parcel sent to the incorrect shipping address due your own error during the order process.
Please contact the shipping or local transport provider if you have any parcel redirection requests.
Delayed, Lost or Stolen Parcels
Please carefully read the following terms:
If delivery of your parcel is delayed, the title and risk shall pass to you at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or damage of the product.
In the event that your parcel is lost or stolen, you should contact your shipping or local transport provider for resolution. We cannot send you a replacement product or process a refund. Any further replacement orders will be at your own expense.
Damaged or Wrong Product Delivered
In the event that you are delivered a damaged product, the wrong product, or only part of your order has been delivered you are to notify our customer care team at email@example.com within 7 days of delivery and provide photographic evidence. Subject to relevant consumer law, we reserve the right to refuse any customer requests for replacement products made outside this timeframe.
Loving Tan will not replace or provide a refund for any products ordered by the customer by mistake. Customers must notify Loving Tan if they have received an incorrect product in their order or are missing any items within 7 days of delivery by emailing. Failure to comply with these policies will result in no refund or credit.
Additionally, Loving Tan will not be responsible for any correspondence or business dealings with third parties, such as distributors or third-party shipping services, found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that third party. You agree that Loving Tan is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such third party on the Site.
We hope that you love your Loving Tan products as much as we do. If you change your mind about your purchase, you are welcome to return your unopened, unused, undamaged, original packaging products to us within 30 days from date of delivery, in exchange for a store credit.
To return an item, please:
Send an email to our customer care team at firstname.lastname@example.org with the following details regarding your return:
- Order number
- Reason for return
Photos help us understand your issue. We recommend that you include these in your email so we will be able to assist you faster.
Once approved, our customer care team will reply to you with a Return Authorisation Form, which will include the Return Authorisation number and the return address to send your parcel to.
2. Return the items to us together with your Return Authorization Form. We recommend using a registered tracking delivery service to ensure your parcel reaches us safely. We are not liable for returns that are lost in transit without parcel tracking. We cannot accept return parcels that do not include the Return Authorisation Form.
3. Once received by our warehouse, your return will be processed within 7 business days*. Once we have received your return, you will be entitled to a store credit, which will not include the cost of the return or delivery postage. Please note, Loving Tan is unable to refund any additional costs incurred by you, in receiving your order (such as taxes and/or duties).
We cannot refund or exchange items that appear to have been used, opened, or are not in original condition. If you send damaged items to our warehouse and want these returned to you, we may request that you cover the delivery cost.
If you have purchased a gift set, or received a complimentary product with your order - all items must be returned to us. In the event that products are missing from your return, the RRP of the missing products will be deducted from any store credit.
Any return shipping costs are the sole cost of the customer. You will not be liable to any reimbursement for any shipping relating to returns.
We cannot cover products purchased from Loving Tan stockists. All items purchased from authorised retail partners must be returned to the retailer from which the products were purchased in accordance with their return policies.*Return processing times are a guideline and subject to change. We may experience slightly longer processing times during holiday and peak periods, adverse weather, or other postal service delivery issues that are unforeseen or unavoidable events beyond Loving Tan’s reasonable control.
We take immense pride to ensure all items are shipped correctly and in perfect condition. However, occasionally items may become damaged in transit. If you are concerned you have received a damaged or defective item, please contact us within 7 days of delivery, via email at email@example.com providing photographic evidence of the damage or defect. If the product is deemed damaged/defective, you will be issued with a full refund. Your bank may take a further 3 to 5 days to clear the funds back into your account.
In the rare instance, you have received the incorrect product, or an item is missing from your order, please contact us within 7 days of delivery, via email at firstname.lastname@example.org Please include with your email photographic evidence of the incorrect product you received. We will contact you regarding returning the unopened incorrect item and providing a replacement.
Packages undeliverable by shipping partners and returned back to Loving Tan, will be refunded once received and processed at our warehouse.
If you reside in the EU or UK, under the EU Directive on Consumer Rights 83/2011 and the Consumer Contracts Regulations 2013, you may cancel your contract if you so wish provided you exercise your right no longer than 14 days after the day you receive your order and the products are unused, unopened and in original packaging.
ALLERGIES AND PREGNANCY RELATED
Loving Tan strongly suggests that you consult your Doctor or Dermatologist prior to using any Loving Tan products. It is the customer's responsibility to refer to the ingredients list of each product before purchase. Loving Tan accepts no liability whatsoever should a Customer experience any issues as a result of using a Loving Tan product - this also applies to expecting mothers.
PRICE AND PAYMENT
The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error. We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation email.
All accepted forms of payment are listed in the footer below, and may be updated from time to time.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties.
In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
USER GENERATED CONTENT
You represent and warrant that all content you upload or provide to the Site or associated social media pages, such as submissions, comments, likes, dislikes, feedback, photos, information, videos, concepts or ideas (collectively “User Content”) does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
You agree to hold Loving Tan harmless from any damages suffered or claims asserted by a third party as a result of any information you submit through the Site. You may be held legally responsible for damages suffered by Loving Tan or third parties as a result of legally actionable content that you submit through the Site. Loving Tan is not legally responsible for any comments, information, or other content posted or made available on the Site by you or a third party, even if such information is defamatory or otherwise legally actionable.
If, at our request, you send certain specific submissions (for example contest entries, reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
All submitted reviews are subject to our review guidelines and Terms and Conditions. We aim to make your reviews visible within 24 hours however please be aware that it could take up to 7 days for your review to appear on lovingtan.com. Loving Tan reserves the right to remove or refuse to post any customer review or management response at any time for any reason. The reviews posted on lovingtan.com are individual and highly subjective opinions. Please remember that they are those of Loving Tan customers and not of Loving Tan.
LINKS TO EXTERNAL SITES
We may provide links on the Site or connected blog, to independent websites owned and operated by third parties not under the control of Loving Tan. These links are not intended as an endorsement by Loving Tan of the entity or individual operating the website or a warranty of any type regarding the website or the information on the website. By using the Site or connected blog, you acknowledge that Loving Tan is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
We love our customers. As such, we often run promotions and giveaways. For certain campaigns, promotions or contests, additional terms and conditions may apply.
If you want to participate in such a campaign, promotion or contest, you must agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these terms, those terms and conditions will prevail.
Loving Tan exercises the right to end promotions at any time with no prior warning. Promotions and offers generally end at 11.59pm AEST unless otherwise specified, or the offer has reached its cap prior to this time.
One entrant will be selected and be deemed the winner each month and notified by the email address provided. The winner’s name and the winning entry may be published on the Promoter’s Instagram, Snapchat, Twitter, TikTok and Facebook platforms, and in any other Promotional Material, the Promoter deems relevant. Entrants consent to their details and entry being published in these circumstances.
The prize must be redeemed within 10 days of the winner's announcement and redemption is subject to product availability. If a winner does not claim their prize within the prescribed time, then they will forfeit their prize and the prize will be awarded to the next eligible entry submitted in accordance with these Terms and Conditions.
The winner will receive a Loving Tan prize pack containing a range of Loving Tan tanning products valued at AUD $250.00 (inclusive of GST). Prizes, or any unused portion of a prize, or any part thereof, are not transferable, saleable or exchangeable and cannot be taken or redeemed as cash or equivalent. Prizes must be taken as offered and cannot be varied. It is a condition of accepting the prizes that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. The prize will be delivered to the nominated mailing address of the winner in worldwide.
Any rewards, gifts, benefits or offers communicated as part of the Loving Tan Loyalty Program may include specific offer terms and conditions, including expiry dates and redemption conditions. All offers, gifts, benefits or rewards are not transferable and cannot be redeemed for cash or equivalent.
All Loving Tan Reward gifts, benefits or offers are subject to availability. Loving Tan is not liable for any rewards, gifts, benefits or offers not being available for any reason.
DISCOUNT CODE USAGE
All discount codes are based on the applicable currency of each website.
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Discount code usage is 1 code per order per customer, and cannot be combined with other discount codes, promotional offers, bundles or value packs.
To redeem a promotional offer during an offer period, enter the advertised redemption code into the promo code box during the checkout process. Your final purchase total is shown during the checkout before you make payment.
Please take note of discount code expiry dates and any other terms (e.g. new customers only; minimum spends). Loving Tan will assess expired discount codes on a case-by-case basis.
Loving Tan does not refund the difference in cases of forgetting to use a discount code. Loving Tan does not refund the difference is any cases of incorrectly used discount codes.
Any purchased Loving Tan Gift Cards have an expiry of 3 years. We do not renew gift cards. It is at the customer's own responsibility to ensure a gift card is used appropriately.
WARRANTIES AND DISCLAIMERS
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
All disputes to be lodged at email@example.com in writing, explaining the details of the dispute.
CHANGES TO THESE TERMS
Loving Tan may modify, add, or delete portions of these Terms without prior notice. Although Loving Tan will post a notice of any material change to the Terms on the Site for 30 days, you are responsible for checking the Site periodically for changes to these Terms. By continuing to use the Site, you agree to be bound by these Terms, as modified. Your access and use of the Site is subject to the most current version of these Terms, which were last updated on June, 2021.