Terms of service

Terms & Conditions

Last updated: 9 December 2024

Colour on the Run Australia ABN: 58724200279


Terms and Conditions

Welcome to Colour on the Run!

In these terms, “Colour on the Run” is also referred to as “our,” “we,” or “us.” By using our website, you agree to these terms. If you don’t agree, please refrain from using our website or purchasing our products.

What These Terms Cover

These Terms and Conditions govern:

  • Your use of our website (www.colourontherun.com.au) (“Website”).
  • Your purchase of products (“Products”) through our Website. Our Privacy Policy (available here) is incorporated into these terms, and by using our Website, you also agree to it.


Reading These Terms

To make this easy to navigate, the terms are divided into three sections:

  1. Part A: Terms for when you buy products.
  2. Part B: Terms for when you browse or interact with our website.
  3. Part C: Liability, warranties, and general terms (applicable to both buying and browsing).


Part A: Terms for When You Buy Products

1. Accounts and Subscriptions

1.1 Account Registration

  • To purchase Products or set up a Subscription, you may need to create an account. When creating an account, you agree to provide accurate, complete, and current information.

1.2 Account Management

  • You are responsible for maintaining the confidentiality of your account credentials. Any unauthorised use of your account should be reported to us immediately.

1.3 Subscription Details

  • Subscriptions involve recurring deliveries of Products at intervals selected during setup.
  • Subscriptions renew automatically until cancelled by you or us in accordance with these terms.
  • You may adjust the interval or product selection by notifying us at least 48 hours before the next scheduled renewal.

1.4 Suspension or Termination

  • We reserve the right to suspend or cancel accounts or subscriptions at our discretion, including for breaches of these terms or suspicious activity.


2. Submitting an Order


2.1 Order Process

  • By placing an order, you confirm that you are of legal age, authorised to use the payment method provided, and entering into a binding agreement.

2.2 Acceptance of Orders

  • Orders are not accepted until we confirm them via email. We reserve the right to cancel or refuse any order at our discretion.


3. Product Use Disclaimers


3.1 Proper Use

  • Products must be used strictly in accordance with the instructions provided on packaging and the Website. Improper use may result in harm or injury.

3.2 Patch Testing

  • A patch test must be performed 48 hours before using any hair colour product, even if you have used similar products before.

3.3 Warnings

  • Do not use Products if:
    • You have a rash on your face or a sensitive, irritated, or damaged scalp.
    • You have previously experienced an allergic reaction to hair colouring products.
    • You have experienced an adverse reaction to temporary henna tattoos.

3.4 Results Disclaimer

  • Results may vary depending on factors such as hair type, application technique, and prior treatments. We do not guarantee specific results.


4. Pricing and Payment

4.1 Pricing

  • All prices are in AUD and include GST unless stated otherwise. Prices are subject to change without prior notice.

4.2 Payment Methods

  • Payments must be completed at checkout. For subscriptions, recurring charges will apply unless cancelled 48 hours before the next renewal date.

4.3 Direct Debit Payments

  • By subscribing to our Products, you authorise us to deduct subscription fees automatically from your nominated bank account or credit card before each renewal.
  • Direct debit payments will continue until you cancel your subscription in accordance with these terms.

4.4 Payment Details Storage

  • Payment details provided at checkout are securely stored by our third-party payment provider in compliance with PCI DSS (Payment Card Industry Data Security Standard) regulations. We do not store full payment details directly on our servers.
  • By subscribing, you consent to the storage of your payment details for recurring charges.

4.5 Insufficient Funds

  • It is your responsibility to ensure sufficient funds are available in your nominated account at the time of each debit. If a payment fails, we may attempt to reprocess the payment, and you may be charged fees by your financial institution.

4.6 Changes to Payment Method

  • You may update your payment details at any time by logging into your account on the Website. Changes must be made at least 48 hours before the next scheduled payment.

 

5. Refunds, Returns, and Exchanges

5.1 Satisfaction Guarantee

  • If you are unsatisfied with a Product, contact us within 30 days of purchase. Refunds or exchanges will be assessed on a case-by-case basis.

5.2 Faulty Products

  • If a Product is faulty, we may offer a replacement, refund, or store credit. Proof of purchase is required.

 

6. Delivery

6.1 Shipping Times

  • Orders are shipped within 24 hours of confirmation (excluding weekends and public holidays). Estimated delivery times may vary.

6.2 International Shipping

  • We currently ship to Australia and New Zealand. Any customs duties or taxes for NZ orders are your responsibility.


Part B: Terms for When You Use Our Website


7. Access and Use of the Website

7.1 Permitted Use

  • You may use the Website solely for lawful purposes, such as browsing, selecting, and purchasing Products.

7.2 Prohibited Activities

  • You agree not to:
    • Copy, reproduce, or reverse-engineer any part of the Website without prior written consent.
    • Use the Website in any manner that disrupts its operation, compromises its security, or infringes on the rights of others.
    • Introduce viruses, malware, or other harmful code.
    • Engage in fraudulent, deceptive, or illegal activity through the Website.


8. Website Information

8.1 Accuracy and Reliability

  • While we strive to provide accurate and up-to-date information, you acknowledge and agree that, to the maximum extent permitted by law, we do not guarantee:
    • The Website will be free of errors, defects, or bugs.
    • Continuous accessibility or availability of the Website.
    • Timely delivery or receipt of communications sent through the Website.
    • The security or confidentiality of information transmitted to or from the Website.
    • The accuracy, completeness, or reliability of any content or information on the Website, including product descriptions, pricing, or advice.

8.2 Changes to Website Content

  • We reserve the right to modify, update, or remove any content, features, or functionality on the Website at any time without notice. This includes changes to product descriptions, prices, promotions, and other Website content.

8.3 Third-Party Content

  • The Website may contain links to third-party websites or incorporate third-party content. These are provided for your convenience, and we are not responsible for the accuracy, quality, or reliability of such content.

 

9. Intellectual Property

9.1 Ownership of Content

  • Colour on the Run owns all intellectual property rights in the Website and its content, including text, graphics, logos, images, videos, and software. You are granted a limited, non-exclusive, and revocable license to view and use the Website for its intended purposes.

9.2 Restrictions

  • You must not:
    • Use any Website content for commercial purposes without prior written consent.
    • Modify, adapt, or create derivative works from the Website or its content.


10. Security

10.1 Your Responsibility

  • You are responsible for implementing your own precautions to protect your devices from viruses, malware, or other threats when accessing the Website.

10.2 Disclaimer of Liability

  • We are not liable for any loss or damage to your devices or data arising from your use of the Website.


Part C: Liability, Warranties, and General Terms

 

11. Liability

11.1 Claims for Loss or Damage in Transit

  • Claims for loss or damage to Products during transit must be made directly to the carrier. While we will assist you in resolving these claims where possible, responsibility for compensation lies with the carrier.

11.2 Manufacturer Warranties

  • Products sold by Colour on the Run carry only the benefit of any warranty provided by the manufacturer. We do not independently offer warranties on Products.

11.3 Exclusions of Warranties

  • To the maximum extent permitted by law, all express or implied representations, guarantees, conditions, and warranties in relation to Products and any associated services provided by Colour on the Run are excluded, except as outlined in these terms or as required by the Australian Consumer Law.

11.4 Australian Consumer Law

  • Nothing in these terms is intended to exclude, restrict, or modify your rights under the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth). Under the Australian Consumer Law, you may be entitled to remedies such as repair, replacement, or refund if the goods or services fail to meet acceptable quality standards.

11.5 Indemnity

  • You indemnify Colour on the Run, its employees, and agents against all liability for loss, damage, or injury (including death) caused to any person arising from:
    • Your breach of these terms;
    • Your use of our Website or Products, including improper use or failure to follow safety instructions; or
    • Any reliance on advice provided through the Website or by our personnel.

11.6 Limitation of Liability

  • To the maximum extent permitted by law, Colour on the Run’s liability for any claim relating to these terms, the Website, or the Products is limited to the greater of:
    • The amount paid by you for the Product(s) giving rise to the claim; or
    • $100 AUD.

11.7 Consequential Loss

  • To the maximum extent permitted by law, Colour on the Run is not liable for any indirect, special, or consequential damages, including but not limited to:
    • Loss of business, revenue, or profit;
    • Loss of goodwill, data, or anticipated savings;
    • Costs incurred as a result of interrupted services or damage to property;
    • Any other economic or intangible loss.


12. General Legal Terms

12.1 Governing Law and Jurisdiction

  • These terms are governed by the laws of New South Wales, Australia. Any disputes arising under these terms will be resolved in the courts of New South Wales.

12.2 Waiver

  • Failure to enforce any part of these terms does not constitute a waiver of our rights. Any waiver must be provided in writing.

12.3 Severability

  • If any provision of these terms is deemed invalid or unenforceable, the remainder of these terms will continue in full force and effect.

12.4 Assignment

  • You may not assign or transfer any rights or obligations under these terms without our prior written consent.

12.5 Entire Agreement

  • These terms, along with our Privacy Policy, constitute the entire agreement between you and Colour on the Run. They supersede any prior agreements or representations related to the use of the Website or purchase of Products.

12.6 Notices

  • Notices or communications under these terms must be sent to the email addresses most recently provided by you or us. Notices will be deemed received:
    • 24 hours after sending, unless a failure to deliver notice is received; or
    • When acknowledged by the recipient.

For questions or concerns about these terms, please contact us at: Email: enquiry@colourontherun.com.au OR HERE to complete our enquiry form

Thank you for choosing Colour on the Run—live life in full colour!