Terms & Conditions
MECCA Brands Pty Ltd (“MECCA”, “we”, “us” or “our”) provides the MECCA website at www.meccacosmetica.com (the “Site”). These terms and conditions, our Privacy Notice, any other terms and conditions and policies that you may find on the Site and any applicable laws or regulations (collectively, the “Terms”) govern your use of, and access to, the Site, and social media channels, and the products and services provided therein, regardless of your means of access.
If you access and use any part of the Site on someone else's behalf, you represent that you have the authority to do so, and accept the Terms, on their behalf. To the extent you do not have such authority, you agree to be bound to the Terms and to accept liability for any harm or loss caused by any wrongful use of the Site or Content (as defined below) resulting from such access or use.
The Terms are governed by the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England. As this site can be accessed throughout the UK and overseas, MECCA does not represent that the content complies with the laws of any country outside the UK. If you access this site from outside the UK, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located.
We may modify or remove any part of these Terms, or content of the Site, at any time without notice. Any changes are effective immediately upon posting to, or removal from, the Site. Your continued use of the Site thereafter constitutes your acceptance of any changes to the Site or Terms. If you do not agree to any change, then you must immediately stop using the Site.
You should read the Terms before placing an order online and check back often for any changes. Any changes made after you have placed an order will not affect that order, unless we are required to make the change by law.
We do not promise to continue to offer or maintain the Site. We may, at any time and without prior notice to you, withdraw the Site from use and terminate any or all of the rights granted by the Terms.
Currently, you may only place an order via the Site.
To place an order, you must:
- meet the eligibility criteria (see below); and
- provide your personal and payment details, including your full name, phone number, e-mail address and any other requested information. By providing these details, you represent and warrant that they are valid and correct and that you are the person specified in the ‘Billing information’ section. MECCA is not liable if we are given an incorrect delivery address at the time of purchase. Any additional expenses in correcting the order are your responsibility.
You will meet the eligibility criteria if:
- you hold a valid credit or debit card issued by a bank that is acceptable to MECCA or you hold another means of payment that is acceptable to MECCA, such as a valid Paypal account (an “Alternative Payment Method”);
- you have authorised MECCA to process one or more charges on your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the goods or services that are the subject of the order.
We may use your personal information (e.g. your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions.
ACCEPTANCE OF YOUR ORDER
When you place an order via the Site, you make an offer to purchase the selected goods or services from us in accordance with these Terms. Unless you cancel your order, your offer is accepted, and the contract for the supply of the goods completed, when an email is sent from us (or our authorised agent) confirming that the goods have been dispatched and handed over to the designated carrier.
For the avoidance of doubt, your offer has not been accepted when:
- you add one or more items to your cart; and / or
- following the placement of your order, you receive an email acknowledging details of your order. This email confirm that we have received notice of, but not accepted, your order.
At the time your order is placed, your credit or debit card or Alternative Payment Method will be charged in the amount equivalent to the total price for the goods or services that are the subject of the order. The transaction may appear as ‘authorisation only’ or ‘pending’ on your bank statement until your order is fulfilled.
We have a responsibility to provide you with a secure payment gateway. To protect the interests of you and your financial institution, we conduct and implement fraud detection processes, including monitoring suspicious transactions and verifying the authenticity of orders. If your order (or your nominated payment method) triggers our fraud prevention protocols, we may contact you to confirm additional details. Your order must pass our fraud prevention protocols before it will be fulfilled. If we are unable to obtain authorisation for payment, or you do not provide the requested information within the required timeframe, your order may be cancelled and payment returned, if applicable, via the original payment method. In those circumstances, your bank may take 3 to 5 working days to clear the funds back into your account.
We reserve the right to:
- reject your offer at any time at our discretion, including in the event that we are unable to obtain authorisation for payment, the goods are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms. Customers will be immediately contacted in these cases. MECCA is not liable to compensate for any loss, expense or inconvenience customers may face as a result of cancellation; and
- restrict or limit the quantity of particular goods being shipped to any one customer or postal address.
The contract for the supply of goods is completed in England.
MECCA BEAUTY LOOP
Unfortunately, customers who reside outside of Australia or New Zealand are not currently eligible to participate in MECCA’s customer rewards program, Beauty Loop.
Prices are inclusive of VAT and are displayed in pounds sterling (GBP).
Prices are subject to change, effective immediately upon posting to the Site or other form of notification.
Shipping of orders is governed by our Shipping Policy.
REFUNDS AND FAULTY GOODS
It is important to us that you have the best possible experience using our Mecca Cosmetica products. If for some reason this isn’t the case, please contact us at firstname.lastname@example.org.
Our returns policy is simple…
Change of mind
You are welcome to return your product for a refund within 30 days of the date you received it, so long as the product is unused, in original packaging and in saleable condition.
To arrange this, please contact us at email@example.com and we will work through the process with you. We will give you a full refund by way of the original payment method. Your refund will include standard delivery costs, but we will not refund you any additional amounts you have paid for express delivery. We will refund you as soon as possible and within 14 days of receiving the item back from you.
Damaged or faulty product
In the unlikely event that your product is damaged in transit, faulty upon arrival or otherwise not as described, please contact us at firstname.lastname@example.org to provide the relevant details and photographs (where applicable).
By placing an order with us, you agree to use the products only for their intended purpose. If you use the products for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.
INTELLECTUAL PROPERTY RIGHTS
In these Terms:
- “Content” means any materials or content that contribute to the existence and the ‘look and feel’ of the Site, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and
- “Intellectual Property Rights” includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
The Site, Content and all Intellectual Property Rights comprised in the Site and Content are owned by MECCA, or in some cases, our affiliates, partners, related bodies corporate or licensors. The Intellectual Property Rights may be protected by Australian, UK and international laws.
You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Site, other than as expressly authorised by us, our third party licensors or applicable laws, such as the Copyright, Designs and Patents Act 1988 (as amended).
Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Site or Content is prohibited. Without limiting the foregoing, you are permitted to make one copy of the Content for your personal use, provided that any copy has attached to it the relevant proprietary notices and terms and conditions. Our status (and that of any identified contributors) as the authors of the content on the Website must always be acknowledged (except where the content is user-generated). If you print off, copy, download, share or repost any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
MECCA makes no representations or warranties about whether your use of the Site or Content will, or will not, infringe any Intellectual Property Rights, including those of MECCA or any third party.
We grant you a limited, revocable, and non-exclusive licence to access the Site for your personal use. This limited licence does not permit, and you are, therefore, restricted from:
- impersonating, or misrepresenting your affiliation with any other person or entity;
- framing or utilising framing techniques to enclose the whole or any part of the Site;
- publishing, distributing, transmitting, selling, licensing or downloading the whole or any part of the Site or Content (except caching or as necessary to view the Site);
- making any use of the Site or Content other than for personal use;
- modifying, reverse engineering or creating any derivative works based upon the Site or Content;
- collecting account information for the benefit of yourself or another party;
- using any meta tags or any other "hidden text" utilising any Content;
- submitting any information which is likely to prejudice any active legal proceedings of which you are aware; or
- using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.
You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
Any unauthorised use by you of the Site or Content automatically terminates the limited licence set forth in this section without prejudice to any other right or remedy available to MECCA under applicable laws or the Terms.
REPRESENTATIONS AND WARRANTIES
We attempt to provide accurate information on the Sites. However, the information contained on the Site is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law, we do not warrant that information contained on the Site or in the Content, including any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free.
Nothing in the Terms excludes, restricts or modifies any rights or remedies under the Consumer Rights Act 2015 that cannot be excluded, restricted or modified. Subject to the preceding sentence, and to the fullest extent permitted by applicable law, our liability under the Terms will be limited, at our option (a) replacing the goods or supplying equivalent goods; (b) repairing the goods; (c) paying the cost of replacing the goods or of acquiring equivalent goods; or (d) paying the cost of having the goods repaired.
LIMITATION OF LIABILITY
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including clicking any hyperlink to or from a third party website; (e) any inaccuracies or omissions in the Site or Content; or (f) events beyond our reasonable control; or (g) any loss or damage arising from the use of any User Content or the CRR Service (as defined below) by any person in contravention of these Terms.
Further, to the fullest extent permitted by applicable law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site or its Content, or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed GBP £100.
You indemnify us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of the Terms;
- any breach or inaccuracy in any of your representations or warranties; or
- your use of the Site or Content.
NO COMMERCIAL USE
The Site (and any goods or services purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Site. You may not use the Site (and any goods or services purchased on or via the Site), or any of its Content, to further any commercial purpose, including, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
USE OF INFORMATION
If you upload or otherwise provide any information or content (“User Content”) in the course of accessing or using the Site, you:
- agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and licence to exercise, use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute the User Content (and all intellectual property rights contained therein) and/or incorporate such Content into any form, medium or technology throughout the world without compensation to you or anyone else;
- in relation to any moral rights you may have in respect of the Content, you:
- consent to the Company doing any of the following:
- not attributing the author of any copyright works or subject matter;
- falsely attributing authorship of any copyright works or subject matter; and
- subjecting the copyright works or subject matter to treatment that would, without the author's consent, infringe the author's rights in the Copyright Act 1988 (Cth), the UK Copyright, Designs and Patents Act 1988 or any equivalent law of any jurisdiction; and
- waive these rights, to the extent legally possible, for the benefit of MECCA (and its affiliates, partners, subsidiaries, related bodies corporate and licensors); and
- agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.
The above licence survives the termination of these Terms and your use of the Site.
You agree that you will not upload or otherwise provide any User Content that:
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the sites or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the sites or otherwise breaches or encourages other users to breach the terms;
- violates any law, statute or regulation;
- forges information to disguise the origin of any user content; or
- encourages or incites any other person to engage in any of the above behaviour.
THIRD PARTY SITES
We may include hyperlinks on the Site to other websites, platforms or resources operated by third parties (“Third Party Sites”). MECCA is not responsible for the content or accuracy of any Third Party Sites linked to or from the Sites, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You should make your own reasonable enquires regarding the content of Third Party Sites. Your linking to or from the Third Party Sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MECCA.
You may link to MECCA’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you and nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
CUSTOMER RATINGS AND REVIEWS
By submitting any User Content to MECCA as part of the Customer Ratings and Review service (“CRR Service”) you accept, and agree to abide by, all of these Terms.
You also represent and warrant, in relation to any User Content submitted as part of the CRR Service, that:
- you are the sole author and owner of the intellectual property rights contained in any User Content;
- all User Content that you post is relevant and accurate (where it states facts) and genuinely held (where it states opinion);
- you understand you are participating in a public forum and that your User Content will be available to others;
- you are at least 16 years old, and if you are a minor, that you have obtained the consent of your parent or legal guardian to submit the User Content and agree to these Terms;
- use of the User Content you supply does not violate these Terms and will not cause any damage, loss or injury to anyone; and
- you will not submit any User Content:
- that includes inappropriate language, profanities or racist or sexual slurs;
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that includes unsupported health claims, medical information or medical advice;
- that relates to a legal claim;
- that is, or may reasonably be considered to be, obscene, aggressive, defamatory, libelous, hateful, racially or religiously biased, offensive, unlawfully threatening or unlawfully harassing to anyone;
- for which you were compensated or granted any consideration by any third party;
- that is likely to harass, upset, embarrass, alarm or annoy any other person;
- that impersonates any person, or misrepresents your identity or affiliation with any person;
- that includes any information that references names, addresses, email addresses, contact information, phone numbers or other personally identifiable information in respect of any individual;
- that mentions other websites, companies, businesses or persons;
- that does not relate specifically to the product, including delivery or availability of a product, careers or customer service;
- that is not in English;
- that relates to a product you have not used;
- that contains, or may be reasonably considered to contain, excessive random characters or false or meaningless word strings;
- that has been duplicated in multiple reviews; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You must be a registered user of our website to post any User Content as part of the CRR Service.
You acknowledge and agree, in relation to any User Content submitted as part of the CRR Service, that:
- none of the User Content that you submit is confidential;
- the User Content that you submit will not be subject to any obligation of confidence or other restriction on use and publication on the part of MECCA, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees (“Relevant Parties”); and
- MECCA and the Relevant Parties will have full and unimpeded authority and ability to publish, communicate, use and disseminate the User Content in any manner, form, medium or technology, at their sole discretion.
You further acknowledge and agree, in relation to any User Content submitted as part of the CRR Service, that:
- although User Content may be moderated by MECCA, it is under no obligation to anyone to oversee, monitor or moderate the User Content and it may stop doing so at any time;
- MECCA and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, reject, change, condense or delete any content on the MECCA websites (including, without limitation, the User Content) that MECCA deems, in its sole discretion, to violate its content guidelines or any other provision of these Terms, or is otherwise objectionable;
- MECCA will try to publish as many User Content submissions as possible but it does not guarantee that all User Content submissions will be published;
- MECCA does not guarantee that you will be able to edit or delete any User Content you have submitted;
- ratings and written comments (based on your User Content) are generally posted within two to four business days, but this is only an estimate and MECCA cannot guarantee how quickly User Content will be posted;
- MECCA reserves the right to edit, remove or to refuse to post any submission of the User Content or part thereof for any reason;
- you, not MECCA are solely responsible for the contents of the submitted User Content (whether edited by MECCA or not); and
BREACH AND TERMINATION
If, in our reasonable opinion, you breach any provision of the Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Site. In any event, we may terminate the Terms (and your right to use the Site) at any time and for any reason, without prior notice to you.
No agency, partnership, joint venture, employment or franchisor-franchisee relationship is intended or created between you and us by the Terms.
We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.
All terms of an offer must be met.
Offers are valid only for the period specified and will end at 11:59pm GMT on the end date, unless stated otherwise in the offer terms.
Items on sale during a MECCA pre-sale offer will be subject to an order quantity limit per customer, per order, which we may determine or amend (in our absolute discretion) at any time.
Please note offer periods are subject to product availability and will terminate early if stocks run out.
We reserve the right to vary, withdraw or cancel offers for any reason at any time.
Any failure to enforce any of our rights does not constitute a waiver of those rights.
Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
From time to time, our brands refresh their products and the ingredients they use may change slightly. We always aim to update our digital platforms with any changes as soon as we can, but you’re best to check the product packaging for the most up-to-date ingredient list. If you’re shopping online and want to double check an ingredient, our customer care team are happy to help at email@example.com.
If you have any questions regarding these Terms and Conditions, please contact us at firstname.lastname@example.org.