Terms of Service
The use of this site is governed by the Terms and Conditions Agreement of Sale as set forth below. Your use of this site or purchase from MUSQ Pty Ltd confirms your acceptance of these terms and conditions. MUSQ Pty Ltd reserves the right to make changes to this web site and these terms and conditions at any time without any prior notice. MUSQ is the service provider; it is also referred to as “us” and “we”. Customer is the person or organization who purchases or seeks services from Musq; it is also referred to as “you” and “your”.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Free P. & H. charge (Nation wide registered post sent via Australia Post)
$10 P. & H. charge (Express & registered post within Australia sent via Australia Post)
$20 P. & H. charge (International sent via Australia Post)
FREE Shipping* for orders within Australia AUD$50+ and above.
FREE Shipping* for orders outside Australia (international) AUD$150+ and above.
All express options (Australia only) including orders over AUD$50 will be charged a fee of $10 shipping.
All orders will automatically shipped via registered post unless stated otherwise at checkout.
Orders placed in Australia of minimum AUD $50.00+ will receive free shipping automatically at checkout. All orders under this amount will be charged $10.00 shipping fee.
Orders placed outside Australia (international) of minimum AUD $150.00+ will receive free shipping automatically at checkout. All orders under this amount will be charged AUD $20.00 shipping fee.
International Order Insurance/Tracking Orders placed outside Australia (international) of minimum AUD $150.00+ will receive free insurance and tracking or their order. All orders under AUD $150.00 will not receive a tracking number or insurance unless you (the customer) personally email MUSQ to arrange an insurance invoice & tracking number. The fee for tracking will be an extra $15.00 on top of a $20.00 shipping fee. If you (the customer) do not email us to arrange insurance/tacking we will automatically NOT apply it and your order will be sent via economy post.
For insurance on international parcels please email firstname.lastname@example.org to arrange.
INTERNATIONAL CUSTOMERS Please note it is the responsibility of you, the consumer to be accountable for all custom rates and taxes that are within your own country. MUSQ takes no responsibility for international orders customs and duties as you the receiver are liable for all import duties, customs and local sales taxes relevant to your country you are shipping to. Orders that have been shipped cannot be refunded for unexpected import duties, customs and local sales taxes that you may incur upon collection of your ordered.
As we are unable to advise the amount that your import duties, customs and local sales taxes may be we recommend contacting your custom office for further details to avoid any unexpected charges on your order.
PayPal*. You can even pay securely by PayPal without even having a PayPal account, just by using your credit card.
Make a direct deposit into Musq’s bank account. Westpac Bank BSB 035041 ACCOUNT 246664 ACCOUNT NAME Musq Pty Ltd (Please make sure you include your name so we can see who has made the payment. For Westpac branches visit westpac.com.au )
Australian customers can pay by phoning Musq on (08) 8333 1070 between 10am and 5pm Monday – Friday with your Visa or Mastercard details.
* RE PAYPAL – All order will be shipped to current address as it appears on your Musq account/invoice. Items will not be shipped to paypal address. Please check you have up to date shipping address.
We try our hardest to dispatch all orders asap. Occasionally orders may be delayed for a specific reason and in this case you will be notified. If your order is placed before 12pm (monday-friday) we aim to dispatch your order the same day. Any order placed after 12pm may be dispatched the following business day. All orders placed over the weekend will be dispatched the following Monday.
We aim to dispatch items within 12-48 hours, but may take up to 4 weeks if we are out of stock. Although rear this can happen in peak demand times with popular items and a new batch will need to be made. We ask for your patience. If it will take longer than a week we will advise you. Please remember there may also be many orders ahead of yours!
If you pay by Direct Deposit it may take up to 3 days for payment to clear, and for your order to be eligible for dispatch until all monies have cleared. Paypal and credit card payments are instant! We aim to process and post your order as soon as possible.
All items shipped will automatically be left at the address provided at checkout WITH authority to leave. If you require a signature upon delivery it is the reasonability of you to contact MUSQ at www.musq.com.au with your order number and request or you can leave a note in the comment section during checkout.Once the order is dispatched ownership transfers to the customer. Accurately enter and check your full postal details and phone number; returned undeliverable mail will attract a re-delivery fee. Express Post is via Startrack only within Australia. Even when out of the Express Post network your delivery will be faster than regular post. Startrack may use sub-contractors to deliver parcels and we cannot direct them where to leave a parcel if you are out. If you work part / full time please consider having the order sent to you at your work address. While it may seem unlikely, letters and parcels do get stolen, and MUSQ accepts no responsibility for this or any liability to replace lost or stolen items although we will do our best to assist in tracing the missing item. We cannot guarantee that your package goes into the right letterbox or that your package isn’t stolen from your letterbox. If you are not prepared to take the risk, select the”sign for” option at the checkout. It requires a signature in order to receive parcel. Depending on your location in Australia this may take around 3 -10 business days delivery.
SALE/DISCOUNT CODES/FREE PRODUCT
Any sale, discount code or free product (ie. gift with purchase) that is from MUSQ and for our online store means that it is only valid on the MUSQ website and at no other sites or retailers. The special (discount, add on, free product etc) is only valid between the date stated or whilst stocks last. If there is a end date stated this means that the offer will expire at 11:59:59 pm on that day ACST.
Shipping is not included. If your order becomes under $50 after discount has been applied you will then be charged for shipping (the same applies to international shipping rates). For offers that are only valid when a certain price of purchase is required to receive offer means that shipping is not included in total price. I.e If offer is for purchases over $50 and you purchase one item for $40 and pay $10 on shipping you will not qualify for offer.
Only one discount code can be used per order. That means if you have two different codes you can only use one on your order. The discount is only valid whilst stocks last and if product sold/sells out the discount is not applicable then or at a later date. Not in conjunction with any other offer and cannot be altered. All discount codes must be entered on the checkout page where you enter all your shipping information etc. Entry of code at a later date may result in not receiving offer. You will see a box saying: Gift card or discount code. Simply enter your code here, then click apply.
Please note that you may only order one sample per product in your order. If you order more than one of a particular product sample we have the right to refund you for the extra samples and only send you one out.
SAMPLE PACK DISCOUNT OFFER
Once you have ordered & paid for samples on our online store we will create a unique code just for you for the exact amount of your sample purchase. If you are only purchasing samples we will also include the shipping price (if applicable) in your discount amount. If you are order full size product/s and samples you will only be given a discount on the samples purchased with no shipping included. You will receive a card with your sample pack with your details for your sample discount/code etc (this will be in hard copy in your order). All sample pack discounts are only valid from the date specified on your sample voucher. Code can only be used once off, Shipping not included, only whilst stocks available, not in conjunction with any other offer, only can be used at our online store.
Once you order has been placed and payment has been made we cannot cancel your order/s.
Cancellations attempted after payment and / or dispatch that will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back. MUSQ also reserves the right to reject and cancel an order to any reason.
PRODUCT APPLICATION / WARNINGS
We try to provide extensive application tips and full ingredient disclosure on this website, devoting a whole page to ingredients. It is the customers’ responsibility to read this information, especially when known allergies exist. If you do have any concerns we always recommend contacting your doctor for further advice or a second opinion.
Oil/serums are not recommended if pregnant or breastfeeding. Always consult a doctor before use and
Always apply a product such as our oil/serum to a small area of your skin (patch test) prior to use.
Use all MUSQ products as directed. External use only. Avoid eye area. If irritation occurs stop use immediately. Consult doctor if irritation persists. Keep out of reach of children and pets. Store below 21°C
Common sense perhaps, but a little care avoids most problems. After 7 days we cannot reasonably ascertain if ‘faulty’ products are faulty or have in fact been spoiled by the customer’s unintentional misuse. We suggest you keep your Creme Foundations, Lipsticks, Lipgloss and Lip / Eyeliners out of direct sunlight and store in a cool place – temperatures 21 degrees and above will spoil the longevity and appearance of these products. Regardless of the brand or their ingredients, heat will adversely effect them. In extreme heat, store in the fridge to prevent breakage, melting, separation or oozing! If separation does occur with glosses shake well. The very feature that makes lipsticks soft and pliable (regardless of brand) means they are vulnerable to breakage particularly when wound up higher than necessary for application – only the tip should be extended – and especially when in warm / hot environments. If not prepared to take the risk a lipstick may break then please do not buy as no guarantee can ever be made that a lipstick is breakproof. The same applies to Lip / Eyeliners and thus they should be sharpened with care. As our mascaras contain no plastic they are NOT waterproof; adhesion time may vary on the individual especially of lashes contain traces of moisturiser or when is skin is very oily. Do not dip wet or moist applicators directly into powder jars. Do not put fingers into the creme compacts; a sponge may be provided and it should be washed regularly. All products are checked and dispatched in top condition and we do not accept back any products consequently effected by temperatures that we cannot control.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
While we have tried to display the colours as accurately as possible, all computers display colours slightly differently, and slightly differently from the actual item. If you’re not prepared to take the risk of being disappointed by this variation, do not order. Similarly, all lip products will vary on individuals’ lips because of the differences in people’s natural lip colour and condition which influences the final colour and texture result, and we do not refund because you do not like how a product looks on you.
Our return for refund policy is not applicable for a change of mind, lack of expertise in using the product, subjective personal taste, wrong colour choice or texture preferences as we are happy to provide samples of any product where possible. please email email@example.com to request samples. We provide all weights / measurements of products so there is complete clarity about what to expect and thus no risk of disappointment. Nor will we replace or refund products which after 1 month or 10% usage become ‘off” as we cannot reasonably ascertain what various contributing factors may have adversely influenced the product.
Any incorrect, missing or damaged items received must be reported to Musq within 24 hours of you receiving the delivery. This can only be done by email or phone. If item(s) received is not what was ordered do not open the product seal or use the product. Any attempt to remove the seal or use of the item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered, and no further claim can be raised thereafter.
There will be no credit given on an order price difference, due to a price reduction on specials. Please select carefully when placing your order.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
After speaking with MUSQ regarding the return protocols, the product must be returned in its original and unused state within 7 days of you receiving the goods for an exchange or refund to be considered on a faulty item.
A products’ restocking fee of up to 15% of the purchase price, PLUS PayPal or credit card charges may be deducted from the refund. Shipping and handling cost are not refundable.
After evaluation faulty goods will be replaced by Musq PLUS reimbursement for the customer’s cost of returning the faulty item.
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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) 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.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
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.
In no case shall MUSQ, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless MUSQ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of MUSQ Pty Ltd.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
If there is a problem with your order or products please speak to us promptly so we can quickly resolve the concern.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Phone:+61 8 8333 1070
Mon – Fri 10.00am – 5.00pm (ACST)
PO Box 998, Kensington Gardens, SA, Australia, 5068
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