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Beachwaver.com.au Term and Conditions of Sale
These Terms and Conditions tell you the legal basis on which we sell all of our products (“Products”) listed on our website to you. Please read these terms carefully.  The terms detail both of our rights and obligations, and include certain limits to our liability to you. Before ordering any product from our site, you will be asked to confirm your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Site. The purchase of Products through the Site is strictly limited to parties who can lawfully enter and form such contracts on the Site in accordance with New South Wales law.

1. Who We Are
Beachwaver.com.au (“Site”) is operated by the THE BEACHWAVER CO. AUSTRALIA PTY LTD ACN 611 641 288  (“the Company,” “Beachwaver,” “us” or “we”), an affiliate of The Beachwaver Co., a U.S. corporation located at 850 Technology Way, Libertyville, IL 60048.We can be reached by email at:  customerservice@beachwaver.com or by phone at: +1 201.751.5625.

2.Use of Our Site
Please read our Terms of Website Use Policy. This policy includes important terms which apply to you.

3. Your Personal Information, and How We Use It
Please see our Privacy Policy to fully understand how we use your personal information and strive to maintain your privacy.

4. Are You a Consumer?
Consumers are those people purchasing for a purpose that is wholly or mainly outside of their 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 purchase primarily for their personal purposes. If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

5. Are You a Business Customer?
If yes, this paragraph applies to you. This paragraph does not apply to individual consumers.  If you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.  These terms and any document expressly referred to herein constitute the entire agreement between your business and us, and supersedes and extinguishes all previous agreements, promises, warranties, representations between us, whether written or oral, relating to its subject matter.  You acknowledge that in entering into this Contract you and your business do not rely on any statement, or representation that is not set out in these terms or any documents expressly referred to in them, regardless of whether such statement was made innocently or negligently. Any contract formed will be between Beachwaver and your business entity, not you personally.

6. Our Contract
After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted.

How We Will Accept Your Order
We will confirm our acceptance to you by sending you an email that confirms that the Products have been shipped (Shipping or Dispatch Confirmation).  The Contract between us will only be formed when we send you the Shipping Confirmation.

Order Number
When you place your order, you will be given an order number for reference purposes only. This Order Number does not mean your order is accepted, but is only an identifier.

If We Cannot Accept Your Order
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our Site, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.  All Products are subject to availability. Validly stated prices on our Site remain in effect for so long as the Products are available or as otherwise stated on our Site.  We will inform you as soon as possible if the Products you have ordered are not available.

Changes To Your Order By You
Once your order has been placed and an order number issued, changes cannot be made.

Changes To Your Order By Us
We reserve the right to cancel an order due to availability, error, or other circumstances beyond our control such as shipping delays.

Where we sell: Products are sold by the Company in Australia but are manufactured in the United States, Republic of Korea, and People’s Republic of China and shipped from our warehouse in Australia.

Dispatch Confirmation: We will confirm our acceptance to you by sending you an email that confirms that the Products have been shipped (Dispatch Confirmation).

7. Delivery
We are not responsible for delivery delays outside our control. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Additionally, if you fail to take delivery, it is our right to cancel the contract.

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
In the event your Product does not work properly, please see the details in our Guarantee Policy. The terms of our Guarantee Policy form part of this Contract.

10. Pricing
We have made every effort to ensure that all details, prices, and descriptions on the Site are correct. However, we will only accept orders if there are no material errors in the description of the products or the prices as advertised on this Site. All prices are displayed including GST and exclusive of delivery charges. The total cost of your order is the price of the Products ordered (inclusive of GST at the current rate) and plus the delivery charges as set out during the checkout process. If we have made a mistake in pricing, we are not obligated to fulfill the order at the incorrect price. You will be given the right to terminate your order if you do not agree to the revised price.

11. Payment by Consumers
Payment must be made by one of the following: Mastercard, Visa, or Paypal.

12. Payment by Businesses
Payment must be made by one of the following: Mastercard, Visa, or Paypal. There is no right to set-off, counterclaim, deduct or withhold.

13. Cancellations / Returns / Refunds

A. Your Consumer Right to Cancel
To cancel a Contract, you just need to let us know that you have decided to cancel.The easiest way to do this is to email us at customerservice@beachwaver.com. In any such email or written communication, you must include details of your order, including your order number, to enable us to identify it.Your cancellation is effective form the date you send us the email.

B. Your Consumer Right to Return and Refund - You Just Changed Your Mind
You may from the date of the Dispatch Confirmation until the date which is 14 days after you receive the Product cancel your order and/or return the Product.This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the order, return the Product, and receive a refund.All returned items should be shipped exactly as they are packaged, with all accessories included. You need to return the item to us (at your cost) within thirty (30) days of your first receiving the item.We will refund the original delivery costs you paid to receive the item, but only standard delivery rates apply.We will not reimburse for priority or expedited shipping, only standard shipping for the original delivery.You will be responsible for the difference.The refund return processing period is approximately 5 business days, but in no event more than 14 days after your returned Product is received by us.Please note, we are permitted by law to reduce your refund to reflect any reduction in value of the goods if this has been caused by your handling them in a way which would not be permitted in a store.If we receive returned goods absent original packaging or in damaged original packaging or in a condition that indicates use or wear and tear, there will be a deduction of fifteen per cent of the purchase amount in the amount returned.If we refund you the price paid before we are able to inspect the goods and later discover that you have handled them in an unacceptable way, you will be liable to pay to us an appropriate amount.

C. Your Consumer Right to Return and Refund - The Goods are Faulty

      • Within 30 days from date of receipt: If you discover the item is faulty you must return the item to us for a refund.  We will provide a prepaid shipping label and issue a full refund, including your original shipping charges up to and including standard delivery.  You will be responsible for the difference between standard and expedited delivery.  Or you may opt for a warranty replacement.
      • After 30 days from date of receipt but less than 6 months:  If you discover the item is faulty, we will provide a warranty replacement and will provide a prepaid shipping label for the faulty item to be returned to us.  Please see our Warranty/Guarantee Policy for further instructions.
      • After 6 months from date of receipt, but less than 1 year:  If you discover the item is faulty, we will provide a warranty replacement.  Please see our Warranty/Guarantee Policy for further instructions.
      • After 6 months from date of receipt, but less than 1 year: We reserve the right to deduct a reasonable amount from any refund issued after 6 months from the date of receipt, as a result of use and enjoyment by the customer of the product.

D. Items That Cannot Be Returned

      • Items made to your specification.
      • Items which have been personalized.
      • Items which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
      • Items which are supplied as sealed goods and are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery.
      • Due to their personal nature, all Wrap Ups, Half Ups, brushes and combs are not refundable and are excluded from any return or warranty policy.

E. Our Obligations
We have a duty to supply goods that conform with the Contract.  If you believe we have not done so or if you have questions or are unhappy with your iron, please contact us and we will be happy to answer your questions or to arrange a Stylist call. If within 30 days, you need to return your iron, please contact Customer Service so we can assist you. No returns will be processed after 30 days. The 30 days is calculated from the date of receipt which is based on the trackable delivery date.

Please contact customerservice@beachwaver.com for further return instructions.

14. Our Liability if You Are a Consumer

  • What we ARE liable for:
    If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
  • What we are NOT liable for:
    We are NOT responsible for any loss or damage that is not foreseeable. We only supply the Products for domestic or private use. You agree not to use the Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • Legal Terms:
    Our Products come with guarantees that cannot be excluded under Australian Consumer Law (as outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other laws in Australia that cannot be excluded (the Consumer Laws). Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Consumer Laws that cannot be excluded. Any and all other warranties or conditions are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

    To the extent permitted by law (including but not limited to the Consumer Laws) and subject to these terms and conditions:
  • Beachwaver will not be liable to you for any damages resulting from your use of the Products;
  • In no circumstance will Beachwaver be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, consequential or other damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if Beachwaver knows or should have known that there is a possibility of such damage; and
  • Beachwaver limits its liability in relation to the supply of the Products to the following at Beachwaver’s discretion:
    • The replacement of the Products or the supply of the equivalent products;
    • The repair of the Products;
    • The payment of the cost of replacing the Products or of acquiring equivalent products; or
    • The payment of having the Products repaired; and
    • The refund of the cost of the Products.

15. Our Liability if You Are a Business
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.

Our Products come with guarantees that cannot be excluded under Australian Consumer Law (as outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or other laws in Australia that cannot be excluded (the Consumer Laws). Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Consumer Laws that cannot be excluded. Any and all other warranties or conditions are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

To the extent permitted by law (including but not limited to the Consumer Laws) and subject to these terms and conditions:

  • Beachwaver will not be liable to you for any damages resulting from your use of the Products;
  • in no circumstance will Beachwaver be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, consequential or other damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if Beachwaver knows or should have known that there is a possibility of such damage; and
  • Beachwaver limits its liability in relation to the supply of the Products to the following at Beachwaver’s discretion:
    • The replacement of the Products or the supply of the equivalent products;
    • The repair of the Products;
    • The payment of the cost of replacing the Products or of acquiring equivalent products; or
    • The payment of having the Products repaired; and
    • The refund of the cost of the Products.

Except as expressly stated in these terms, we do not give any representation, warranties or undertaking in relation to the Products.  We will not be responsible for ensuring that the Products are suitable for your purposes.  Any representation, condition or warranty that might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

16. 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 an Event Outside Our Control. An Event Outside Out Control is any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for ware, explosion, flood, earthquake, fire, storm, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract we will contact you as soon as reasonably possible to notify you and our obligations under a Contract will be suspended and the time for performance extended for the duration of the Event Outside Our Control.

Additionally, if you fail to take delivery, it is our right to cancel the contract.

17. Communications Between Us if You Are a Consumer
To cancel a Contract, or contact us for any reason you may:

Email (preferred): customerservice@beachwaver.com

Send us a letter: THE BEACHWAVER CO AUSTRALIA PTY LTD, Floor 1, Nexus, Unit 104, 4 Columbia Court Baulkham Hills, NSW, 2153.

In the case of a cancellation, it is effective from the date you send it.  

18. Communication Between Us if You Are a Business
To cancel a Contract, or contact us for any reason, please contact us in writing (in writing includes email) to tell us by sending an email to: customerservice@beachwaver.com or by sending a letter to us at: THE BEACHWAVER CO AUSTRALIA PTY LTD, Floor 1, Nexus, Unit 104, 4 Columbia Court Baulkham Hills, NSW, 2153. Your cancellation is effective from the date you send it.  

19. Other Important Terms
This contract is between you the consumer and us. No other person shall have any rights to enforce any of its terms.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

We may transfer our rights and obligations to another organization, but this will not affect your rights or our obligations under these terms.

Each of these paragraphs of the terms operates separately. If any one of them is determined by a court or relevant authority to be unlawful or unenforceable, the remaining paragraphs will still be in full force and effect.

If we do not require that you perform your obligations under these Terms, that does not release you from your obligations.

Any waiver of your obligations by us will be in writing only and will not pertain to any later default.

If you are a Consumer, a contract for the purchase of Products through our site and everything to do with that purchase will be governed by New South Wales law.  You and we agree that the courts of New South Wales will have exclusive jurisdiction.  

If you are a Business, any purchase you make will occur in New South Wales and will be governed by these terms and the laws of New South Wales.   You have chosen to visit the Site in Australia in order to purchase our Products. As a consequence, irrespective of your place of residence, the courts of New South Wales will have exclusive jurisdiction.

This Agreement constitutes the entire agreement and understanding between you and the Company and governs your purchase of Products, superseding any prior agreements between you and the Company. The section titles in this Contract are for convenience purposes only and have no legal or contractual effect. The Company retains the right to modify or amend these terms  at any time.

We reserve the right to withdraw or suspend a product from availability due to legal compliance or safety issues.