Terms Of Sale

Please read these terms carefully, as they contain legally binding obligations.  please print and retain a copy of these terms and your order for future reference.
Contract
These terms of sale apply to the sale of all products (‘Products’) by  MASHAKEL (‘us’, ‘we’, ‘our’) which are made either via our website WWW.MASHAKEL.WEBSITE
(our ‘Site’) or via the telephone.  Where you purchase Products as a consumer (i.e. for your own personal use and not for resale or other use in the course of business) (‘Consumer’), your statutory rights are not affected. 

1.1 Any order placed by you constitutes only an offer by you to buy the Products you have selected.  Placing an order carries with it an obligation for you to pay but places no obligation on us to provide those Products. When we receive your order, we will send you an e-mail (or emails) acknowledging that we have received your order and/or setting out the details of your order (including the applicable charges). These e-mails only confirm the details of your order and the fact that your order has been received. They do not comprise acceptance of your order.  

1.2 A contract between you and us (‘Contract’) will only be formed if/when we (i) expressly accept your order in writing or (ii) despatch the ordered Products to you (each, ‘Acceptance’ or ‘Accepted’).  Each Contract will relate only to those Products we have Accepted.  We will be under no obligation to supply any Products until Acceptance.  All orders are subject to acceptance by us in our absolute discretion.   

Your status
By placing an order with us, you warrant that you are authorised and/or entitled to enter into legally binding contracts with us and that in doing so you will not breach any law or any obligation to any third party.  If you are an individual, you represent and confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and that you will use the Products in strict accordance with all guidance and other requirements issued by us (including any set out on our Site) and (if applicable) any usage requirements or conditions specified by the Product manufacturer. We will only accept orders for any adhesives, or any Product containing any adhesives, from age 16+ (as defined in clause 7) and if you place an order for any such Product, you represent and confirm that you are Age16+
and that you will use the adhesives in strict accordance with our requirements, including those set out on our Site and in clause 7 below.

Our status
We are an Australian Home based company
Mashakel(registered no. 13926545783)

Product description and price
4.1 We have taken reasonable care to describe all Products as accurately as possible. However, slight variations in description may occur.  

4.2 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.  Our prices include GST (if applicable) but exclude delivery costs, which will be added to the total amount due in accordance with our delivery charges in force from time to time.  

4.3 Prices are liable to change at any time, but subsequent changes will not affect Accepted orders.

4.4 It is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced.  We will normally verify prices as part of our dispatch procedures, so that where a Product's correct price is less than our stated price we will charge the lower amount when dispatching the Product to you.  If a Product´s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. 

4.5 We are under no obligation to provide the Product to you at an incorrect (lower) price, even after Acceptance, if the pricing error is obvious and/or could have reasonably been recognised as a mis-pricing.

4.6 Images are for illustration purposes only and we cannot always guarantee that Products will be exactly as shown. e.g. colour variance.

Payment
5.1 Payment for all Products must be by credit or debit card, PayPal or by any of the other payment options specified on our Site.  We shall be entitled to withhold delivery and/or cancel the Contract if we do not receive full payment from you in cleared funds.

Availability and delivery
6.1 Your order will be fulfilled without undue delay and by any delivery date confirmed by us or, if no delivery date is specified, then within 30 days of our Acceptance of your order. Delivery will be made to the delivery address specified when you submit your order.

6.2 If delivery is delayed we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery, It is our aim to despatch goods within 48 hours from time they are ordered and paid. Timed delivery services maybe requested at additional costs . Delivery dates and times cannot be guaranteed as delays may be due to circumstances beyond our control.  



6.4 Upon delivery of your order you may be asked to sign for the Products received. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of the delivery then please ensure you sign for the parcel
 

Adhesives –
7.1 Adhesives are Products which carry a risk of personal injury if they are not used or applied properly 

(ii) be proficient and knowledgeable in the use and application of all eyelash extension products and
(iii) be fully insured regarding the said use and application of eyelash products and adhesives.

7.2 We will only supply adhesives to responsible persons and require anyone ordering such Products to provide proof of age (to our satisfaction) of the following:  eyelash extension, eyelash glue with all relevant as suitability to apply adhesives correctly. Should you fail to provide such information, we will not supply you with the adhesive you have ordered. If we have any reason to suspect that you are not appropriately qualified and compliant, we reserve the right to remove the adhesive Product from your order and/or cancel any order placed by you.

7.3 Without prejudice to the requirements set out in clause 7.2 above, you undertake and covenant to use any adhesive Products as follows:

(a) You will first conduct a careful patch test,
you will check for any potential contraindications.  A patch test must be completed and recorded.

(b) If any contraindications are found or indicated after Patch test
client’s should discontinue use of Product and consult with a GP   before proceeding further with the product.
This includes recent laser eye correction, eczema, dermatitis, psoriasis, recent semi-permanent make up or facial surgery.

Subject to (a) and (b) above, you will carry out a patch test 48 hours prior to any use of adhesive Products, in accordance with any recommendations set by us and in line with best industry practice. Only proceed with any treatment following a positive outcome to the patch test.

(c) You will only use adhesive Products for closed eye treatments.

By purchasing our adhesive, you are agreeing to the Terms of Sale, in particular those stated in Section 7 above.

Consumer rights
8.1 Where you contract as a Consumer, each Contract is subject to your rights of cancellation set out in this clause. 

8.2 The Regulations give you the right to cancel your Contract with us within 14 days without giving any reason. The cancellation period will expire as follows:-

(a) For Products, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the Products;

(b) In a Contract for the sale of multiple Products with different delivery dates, the period will expire after 14 days from the day you (or anyone nominated by you) receive(s) the last of the Products;

(c) In a Contract for the regular delivery of Products, the period will expire after 14 days from the day you (or anyone nominated by you) received the first delivery of Products.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. 

8.3 To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (for example, a letter sent by post, fax or e-mail). For these purposes, our contact details are:   www.mashakel.website
Email Team.mashakel@gmail
If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. e-mail) without delay.].   

8.4 Should you cancel within the above periods, you will receive a refund of the price paid for the Products in accordance with our refunds policy, set out in clause 10 below, providing that you comply with any other applicable terms.  

Risk and title
The Products will be at your risk from the time you (or anyone nominated by you) receive(s) the Products. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, inclusive of all delivery charges.

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Returns and refunds 
10.1 If you act as a Consumer and exercise your rights of cancellation under the Regulations but have received Products in connection with the Contract, you:

(a) shall send back the Products, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us – the said deadline being met if you send back the Products before the period of 14 days has expired;

(b) will have to bear the direct cost of returning the Products. If the Products cannot normally be sent by post, you will have to bear the direct cost of returning the Products via courier.

(c) must take reasonable care of the Products whilst they are in your possession. You are liable for any diminished value of the Products resulting from the handling of the Products other than as required to establish the nature, characteristics and functioning of the Products. 

10.2 If you cancel the Contract in accordance with your cancellation rights under the Regulations, we will reimburse all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We will make the reimbursement without undue delay, and not later than (a) 14 days after the day we receive back from you the Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products.  We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

10.3 When you return a Product to us for any other reason (e.g. because you claim that the Product is defective), and whether or not you are a Consumer, we will examine the returned Product and will notify you of your refund or replacement via e-mail within a reasonable period of time.  We will usually process the refund or replacement due to you as soon as possible and, in any case, within 30 days of the day we confirm to you via e-mail that you were entitled to a refund or replacement for the defective Product. Products returned by you because of a defect will be refunded in full when we have verified the defect, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us by the most cost-efficient route reasonably available.  You agree to return all Products by first class recorded delivery to ensure the tracking of all items.

10.4 When making any return(s) to us, you agree to comply with any returns process notified by us. 

10.5 We will refund any money received from you using the same method originally used by you to pay for your purchase unless you expressly agree otherwise.  In some circumstance you may incur a 10% handling fee,  we may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of handling of the Products other than as required to establish their nature, characteristics and function. 

10.6 Refunds are carried out by our finance department and while we will endeavour to ensure refunds are paid in accordance with the timescales set out above, we will not be liable for any delays outside our control.

The returned item must be in perfect resalable condition.
A request must be made to the company within 14 days of receipt of goods
No returned goods will be accepted unless a returns authorisation has been given. The appropriate reference number must be quoted on accompanying documentation.
For you own protection please obtain a proof of postage/receipt from the carrier as the company accepts no responsibility for lost parcels sent by you.
For Hygiene reasons the seller is unable to accept return of some tools/accessories if used.
All electrical items should be returned for testing in a hygienic condition.
Faulty products returned within 30 days of purchase and accompanied by proof of purchase will be exchanged or refunded once tested and found to be faulty. Any returns outside of this period will be replaced or refunded at our sole discretion.
All electrical items are covered by a 12 month guarantee. Should you experience any problems with your electrical items please contact Customer Service
11. Our Liability
11.1 We are under a legal duty to provide Products which comply with the terms of the Contract. You should also be aware that consumer sales in the Australia are subject to
government guidelines in accordance with the LAW

11.2 The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, officers, agents, suppliers or contractors) to you in respect of (a) any breach of these terms of sale or the terms of any Contract, (b) any use made or resale by you of any Products, or of any product incorporating any of the Products, and/or (c) any representation, statement or tortious act or omission including negligence arising under or in connection with any Contract.


11.5 Subject to clauses 11.3 and 11.4, we are not responsible for (i) indirect losses which happen as a side effect or indirect consequence of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or waste of management or office time; in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, or (ii) for any liability which arises from your misuse of the Products or your failure to comply with any Product guidelines or requirements provided by us, including (without limitation) any recommended pre-tests or patch tests before using the Products.

11.6 Subject to clauses 11.2-11.5 above, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price (inclusive of any delivery charges).

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Data protection & security checks 
12.1 The collection, processing, storage and protection of any personal data you provide is of key importance to us and it will be treated securely in accordance with the Data Protection Act 1998.   Full details of how we use and protect your personal data are set out in our Privacy Policy [Insert link], which is hereby incorporated and forms part of these terms. 

12.2 To ensure that your credit, debit or charge cards are not being used without your consent, we validate your name, address and other personal data against information held on appropriate third party databases.  This is done only to confirm your identity; a credit check is not performed and your credit rating will not be affected. By accepting these terms, you consent to us carrying out such checks, whereby registered credit reference agencies may retain a record of the data disclosed to them.  

Written communications
Applicable laws require that some of the information or communications we send to you should be in writing.  When using our Site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

Notices
All notices given by you to us must be given to Mashakel by Email
We may give notice to you at either the e-mail or postal address you provide to us when submitting your order.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control

Waiver
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3 No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13. 
18. Severability

If any of these terms or any other 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.

Entire agreement
19.1 These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms.

Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms from time to time, including to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.  

20.2 You will be subject to the terms and policies in force at the time that you order Products from us, unless any change to the terms and/or the policies is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these terms or the policies before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the changes unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and jurisdiction
These terms of use and/or any Contract(s) for the purchase of Products and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the same will be governed by and construed in accordance with Australian law. 

Discount Codes

From time to time we may have exclusive discount codes for specific customers.

The Promotion Code entitles you to selected percentage or amount off selected items available for  Promotion Code will be valid as stated on the graphics relating (inclusive).
The Promotion Code is valid exclusively for trade and professional customers only.
The Promotion Code will enable one discount per transaction. When the amount given is a monetary sum, this will be taken from one product only.
If sent via email, this code is an online exclusive.
Promotion Codes are only valid for limited frames
This offer is subject to stock availability.
Mashakel  reserves the right to decline orders where the Promotion Code is misused.
In the event of product returns, a refund will be offered for value of original purchased, once the discount has been applied. This excludes delivery charge.
In the event of a product exchange, the Promotional Code will not be applied to replacement items. If the offer is still valid, you will be able to place the order using the original Promotion Code.
Mashakel reserves the right to withdraw or amend this offer at any time without prior notification.
The promotion is operated by  Mashakel

Children under the age of 16 are not insurable for this treatment, they are classified as minors and not permitted to use eyelash products
Children aged under 16yrs need to have full parental supervision and both their own and parental sign off to attend.


This product is not recommended for
Pregnant or breastfeeding women,
A recent operation or scar tissue in the immediate area of treatment
Cuts, abrasions and swelling in the immediate area
Newly applied semi-permanent make-up or piercings around the eye area. Semi-permanent make-up takes around 12 weeks in total to heal, tattoos can take 6 weeks and
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