Privacy

PRIVACY

We are committed to protecting the privacy of any information provided by you as our customer and will take all reasonable precautions to protect personally identifiable information from loss, misuse or unauthorised access.

From time to time it may be necessary for us to revise and update our privacy policy. We reserve the right to change our privacy policy at any time without prior notice. We will notify you, our customer, of any significant changes by posting an updated version of the policy on our website. You are required to familiarise yourself with our policies and terms before placing an order with us.

Please note, by using the Phorm Beauty website you are consenting to the collection of information online at www.phormbeauty.com in accordance with our privacy policy.

Details We Require From You

In order to process your order, we require information such as your name, email address, contact number, billing and delivery address and payment details to fulfil the order and deliver it to you.

We will not sell your personal information to any third party we engage with. We will not disclose your details to any third parties without your prior consent except in the following circumstances:

For delivery purposes; and
If necessary to comply with applicable laws, investigations, or legal proceedings where Phorm Beauty is obliged to disclose your information

An example of an instance where you have provided us with consent is when you subscribe to our email newsletter and we engage a third party platform or provider to send you emails, or where you allow notifications from us for marketing purposes and we send you these notifications via a third party provider.

For your security when checking out online with us (ie. during the transaction process), we use Shopify Plus certified partner Stripe to securely accept credit card payments. No intervention by us is required to complete this credit card transaction and credit card details are discarded securely once processed at point of purchase. This is why we may request to see a photocopy of the front of your credit card if our bank request further verification from you to process your order.

We do not require you to register an account or subscribe to our database in order to access our website, but we reserve the right to do so in the future. Should we implement a registration process, we will commit to comply with any privacy legislation applicable at the time in respect of your user information.

Our Use Of Your Information

When signing up to our email database or or placing an order with us via any of our platforms, we take this to mean that you have read our privacy policy and all terms, and that you consent to the use of your information and our policies and processes. Further, when you subscribe to our database and provide us with your personal information, you consent to our use of your personal information, such as your name, email address and phone number for marketing purposes. This includes, but is not limited to, sending you correspondence such as newsletters, competitions and promotions via email, SMS, social media and mail.

You can opt out of receiving any these direct marketing communications at any time by clicking the 'unsubscribe' link at the bottom of every email we send you from our mailing list (this does not include emails relating to your order or any customer queries you send us) or SMS 'STOP' to opt-out of our mobile marketing list. You can opt out of any marketing displayed to you via social media platforms such as Facebook by amending your Facebook settings to exclude marketing activity via its channels.

Cookies

We use browser cookies to recognise you when you return to our site after your first visit. Cookies are also used to measure website traffic and on-site behaviour for the purposes of marketing. You can at any time disable this feature on your browser if you do not want your website activity to be identified as your own.

Contacting Us

If you have any queries about our privacy policy or terms of use, you can contact us via email at info@phormbeauty.com

TERMS & CONDITIONS

General
All contracts and dealings between Phorm Beauty (the 'Company') and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘Phorm Beauty’) and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by Phorm Beauty to the Customer through the website www.phormbeauty.com (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).

By using the Website, the Customer agrees to be bound by these Terms, as may be amended by the company from time to time.

Variation
The Company has the right to amend, remove or vary these Terms at any time without notice. It is the Customer’s responsibility to be aware of any changes made to these Terms and by continuing to use and visit the Website the Customer agrees to be governed by these Terms as the case may be from time to time.

Access
Access to the Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the Services without notice. The Company will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts or all of the Website without notice.

Intellectual Property

All intellectual property rights in all software and content made available to the Customer on or through the Website remains the property of the Company.
The Customer is authorised to download, view, copy and print any content on the Website for personal, informational and non-commercial purposes only. Such content must not be modified or altered in any way.
The Customer is not permitted to copy, reproduce, alter, distribute, publish or use in any manner any content on the Website other than as permitted under these Terms without the written express consent of the Company. Such consent may be withheld by the Company at its absolute discretion.
The Customer must not remove any copyright or trade mark notices from the content found on the Website.
The Company makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.

Terms of Sale

By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and the Company with respect to the supply of the Goods in accordance with these Terms.
All Orders are subject to availability of the Goods and confirmation of the Order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 15) for which the Company will not be responsible.
The Customer acknowledges that all Orders through the Website are with respect to goods intended for personal and domestic use only and non-commercial use.
In order to contract with the Company the Customer must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to the Company.
The Company reserves the right to accept or reject an Order for any reason at any time.
When placing an Order the Customer undertakes that all details that are provided to the Company are true and accurate, that the Customer is an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.
The Company reserves the right to hold an order pending credit card verification. Our Customer Care team will contact you requesting a photocopy of the front of your driver's licence and the credit card used to make a purchase. If a response is not received within 24 hours, your order will be cancelled and your card refunded. If our merchant bank is not satisfied with the information provided, your order will also be cancelled.
No amendments to shipping name, addresses or items on an order can be made once an order is processed processed. This is due to the fast nature at which the warehouse team dispatch orders. Once dispatched, any changes to shipping addresses are the customer's responsibility to follow up with their local shipping courier.

Price Paid

The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).
Unless otherwise stated, all Prices quoted are in different currency and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.
The Company reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer, unless the Customer has submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.
The Company will issue the Customer with a tax invoice once payment in respect of the Order has been processed.

Cancellation & Return Policy

Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated delivery address in accordance with these Terms. Therefore, the Customer should carefully check that its Order is accurate before the Customer submits it to the Company. The Customer will, however, be able to return Goods in accordance with the returns policy as stated on www.phormbeauty.com.
The Company may accept returns within 14 days for customers from the date of delivery. Goods must be unwashed, unused and in its original purchase condition with the tags still attached.
The customer must include their Tax Invoice & completed returns form within their return parcel.
Any Goods which the Company has elected to accept for either return shall be returned at the Customer’s expense. The Customer will not be refunded for the original postage cost unless the garment is deemed faulty by the Phorm Beauty returns department, or there was a dispatch error by Phorm Beauty.
Upon accepting the goods, the Company will issue the customer with a Gift Voucher in order for the customer to purchase their alternate size/style.
Items purchased during promotional sale periods will NOT be eligible for a return/exchange/credit note. For any queries on this please contact us at info@phormbeauty.com

Damaged Or Faulty Goods

All Goods are thoroughly inspected to ensure that they are in the best condition prior being sent to the Customer.
If the Customer discovers that a Good is faulty or damaged, the Customer must notify the Company within 14 days of purchase by contacting the Company via email at info@phormbeauty.com along with a description of the fault and the Customer’s preference for a refund or replacement. If the returns department inspects the Good and confirms there is a minor fault, the Customer will be entitled to a replacement.
The Company will meet the packaging and postage costs associated with the Customer returning faulty or damaged Goods.
Customers are liable for any delivery costs if the Good is found not to be faulty.

Delivery

Any period or date for delivery of Goods stated by the Company is intended as an estimate only and is not a contractual commitment. The Company will use its best endeavours to meet any estimate delivery dates but the Company will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.
The Company reserves the right to amend delivery methods without notice.

INTERNATIONAL DELIVERY*

International deliveries will be made by Registered Post, Bring, UPS and DHL Express.
Orders will be dispatched within 2 days from the date of the Order. Estimated delivery time for international orders is between 3-15 business days.
In the event the Customer does not receive their Order within 15 business days of placement, the Customer should contact customercare@nickistudios.com to obtain their tracking number.
International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient. The Company has no control and will not be responsible for any duties or taxes.

Pre-Orders

A Pre-Order is the term used when a Good is currently out of stock but will be ordered from suppliers once the Customer places the Order. The Order will then arrive to the Customer within a certain time frame after the Order is placed. The estimated date of delivery will be displayed under the description in each Good.

Linking To The Website

The Website may provide links to websites and access to content from third parties, including users and affiliates of www.phormbeauty.com.
The Customer agrees that the Company is not responsible for the availability of, and content provided on, third party websites. The Customer should refer to the policies posted by other websites regarding privacy and other topics before they use them.
To the fullest extent permitted by law in no way will the Company, its officers, agents and employees be held liable for any remedy at law or in equity for any loss or damage incurred from dealing with any third party.

Waiver

The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
Any waiver of a breach of these Terms shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.

Force Majeure

If the performance of the Company's obligations under these Terms is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Company, the Company will not be liable for any loss or damage suffered by the Customer or any other person and the Company will give the Customer written notice if the force majeure event has continued unabated for 30 days.

Severability

The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.

Entire Agreement
These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.