Terms & Conditions

Malia Hair Pty Ltd (ABN 82 170 083 264) (“Malia Hair”) owns and operates this website (“the Website”).

Access to and use of the Website and the purchase of or use of products and services available through the Website is subject to these terms and conditions (“the T&Cs”). By accessing or using the Website or placing an order through the Website you are agreeing to all of the T&Cs, as amended from time to time. 

If you do not agree with any of the T&Cs, then you must stop using the Website immediately and you must not place an order for Malia Hair products or services.

Amendments to T&Cs

Malia Hair reserves the right to amend these T&Cs from time to time at our discretion. Amendments will be effective immediately upon publication on the Website. You should check this page regularly to take notice of any changes we may have made to the T&Cs. Your continued use of the Website and/or placing an order following such change will represent an agreement by you to be bound by the T&Cs as amended.

The T&Cs (together with any additional Malia Hair terms of use, privacy policy or policies on cookies, shipping and delivery) constitute the whole agreement between you and Malia Hair. The T&Cs are governed by the laws of Victoria, Australia.

Terms of Product Use

Malia Hair operates solely as an online store for the perusal, distribution and sale of products. Malia Hair’s products are for general personal use only. Please follow the instructions and guidelines for use contained on the products.

Any advice contained on our Website or on the products is not to be taken as professional medical advice. If you have any medical conditions you should speak with your doctor prior to using any Malia Hair products. To the extent permitted by law, Malia Hair is not liable for any damage or loss resulting from use of products.

Malia Hair makes no guarantees about the results of the products. Any reviews of products or testimonials published on the Website, or any other website or public forum are opinions only and are not to be taken as guarantees.

Intellectual Property

The Website, the content on the Website, the Malia Hair brand and the Malia Hair products are the intellectual property of Malia Hair and cannot be used, reproduced or copied in part or in full without the prior written consent of Malia Hair.

Disclaimer of Liability

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Malia Hair makes no guarantees as to the availability or continued operation of the Website.

By accessing the Website, creating an account or placing an order through the Website, you assume all associated risk, including but not limited to the risk that your computer, tablet, mobile device, software or data may be damaged by any virus or malicious bug transmitted by the Website or any third-party website.

By browsing the Website or creating an account, you assume all responsibility for the security and use of your account. Malia Hair reserves the right to terminate your account without notice at its discretion.

Malia Hair disclaims all liability to the fullest extent permitted by law for any injury, allergic reaction, adverse side effects, loss, or damage suffered in relation to or arising from use or misuse of a product or the Website. In the event of such injury, allergic reaction, adverse side effects, loss or damage, the maximum aggregate liability of Malia Hair will be the value of the product purchased.

You acknowledge that Malia Hair do not manufacture the products, we simply distribute the products through our Website.

Indemnity

To the extent permitted by law you agree to indemnify, defend and hold harmless Malia Hair, its directors, officers, employees, consultants, agents, and affiliates, from and against any and all third party claims, liability, damages or costs arising from or in relation to:

- Your breach or non-observance of the T&Cs

- Any inaccuracy in any of your representations, warranties or information provided to Malia Hair; or

- Your use or misuse of the Website or Malia Hair’s products or services.

Our estimated delivery date for products ordered through the Website is our best estimate only and is not a promise that the order will be delivered by that time. While Malia Hair endeavours to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay or non-delivery caused by any delivery service or carrier or by any event which is out of our reasonable control including but not limited to any delay caused by an incorrect delivery address being provided to us, war, pandemics, epidemics, labour strikes or natural disasters.

Malia Hair accepts no responsibility for lost or unclaimed packages. We encourage you to use the tracking codes provided to ensure that you are aware of your estimated delivery date and any delays. 

Malia Hair hopes that you will be happy with your purchase. If you change your mind, you are welcome to return your product to us with proof or purchase within 14 days of your purchase date for replacement or a refund. For a refund to be processed, the product must not have been used, not show any signs of wear and tear, and the packaging must not have been opened or damaged. If the product has been used or damaged in any way, you will not be entitled to a refund or a replacement.

You are not entitled to use the Website for any unlawful or unauthorised purpose. You cannot use the Website to transmit any material that is offensive, constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.

You indemnify Malia Hair for any loss or damage suffered as a result of your unauthorised use of the Website.

Malia Hair is committed to observing the ‘Australian Privacy Principles’ and complying with the Privacy Act 1988 (Cth), which sets out standards and guidelines for the collections, access, storage and use of Personal Information.

Any information collected through the Website will remain the sole property of Malia Hair, and will not be sold to or shared with any other party except as required by law. You authorise Malia Hair to use the information you provide to us for the purpose of supplying you with your order and/or marketing our products and services to you.

Malia Hair will not store any credit card information. We cannot view, access or store your credit card details however cannot guarantee the strength or effectiveness of these third-party providers.

The Website may contain links to other websites of interest. Malia Hair does not endorse these websites and is not responsible for the security practices, availability, privacy policies or content of any external or affiliate sites.

If you have any questions regarding these T&Cs, please contact us at hello@maliahairaus.com.