Terms of Service

Overview

This website is operated by Atelier Cosmetics Design Pty Ltd (ABN 650267708). Throughout the site, the terms "we", "us", "our", and "company" refer to Atelier Cosmetics Design Pty Ltd. Atelier Cosmetics Design Pty Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Wix Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence (18 years in Australia), or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the terms will result in an immediate termination of your services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any content on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Section 5 - Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products and services available via our service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable law, in no case shall Atelier Cosmetics Design Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar state or territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability for breach of a non-excludable right is limited to the supply of the services again or the payment of the cost of having the services supplied again.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Atelier Cosmetics Design Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Victoria, Australia, and the Commonwealth of Australia, including the Competition and Consumer Act 2010 (Cth). Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Product and Usage Warnings

Important Health and Safety Information:

Please be aware of any skin allergies you may have before using our products. If you have a history of sensitivities or allergies, it is strongly recommended that you perform a patch test on a small area of skin before full use.

If you are pregnant or breastfeeding, please consult your physician before using any products containing essential oils, as there are many herbs and essential oils that are not recommended for use by pregnant and nursing women, infants, and children.

Our products and the information on these pages are not intended to treat, cure, prevent, or diagnose any medical condition and are not a substitute for the medical advice of a trained physician. Always seek professional medical advice for any health concerns.

For external use only. Avoid contact with eyes. If irritation occurs, discontinue use immediately and consult a healthcare professional if necessary.

Section 21 - International Shipping and Customs

For international orders, customers are responsible for any customs duties, taxes, or additional fees imposed by their country's customs authorities. We are not responsible for delays caused by customs processes or any additional costs incurred.

International customers should be aware that delivery times may vary significantly due to customs processing and local postal services. We cannot guarantee delivery times for international shipments.

Some products may be restricted or prohibited in certain countries. It is the customer's responsibility to ensure that ordered products can be legally imported into their country.

Section 22 - Subscription Services and Recurring Billing

If you purchase any subscription services or products with recurring billing:

Billing Cycle: You will be charged on a recurring basis according to the subscription terms you select (monthly, quarterly, or annually).

Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

Cancellation: You may cancel your subscription at any time by contacting us at ask@ateliercd.com or through your account settings. Cancellation will take effect at the end of your current billing period.

Changes to Subscription: We reserve the right to modify subscription terms, including pricing, with at least 30 days' notice. Continued use of the subscription service after such changes constitutes acceptance of the new terms.

Refunds: Subscription fees are generally non-refundable, except as required by Australian Consumer Law.

Failed Payments: If payment for a subscription fails, we may suspend or terminate your subscription access until payment is resolved.

Section 23 - Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to an event beyond our reasonable control, including but not limited to:

• Natural disasters (floods, earthquakes, fires, storms)

• Pandemics, epidemics, or government-imposed health restrictions

• War, terrorism, civil unrest, or government actions

• Labour strikes or disputes

• Internet, telecommunications, or utility failures

• Supplier failures or shortages

• Acts of government or regulatory authorities

During such events, we will make reasonable efforts to minimize disruption and resume normal operations as soon as reasonably possible. We may need to temporarily suspend services, delay shipments, or modify our operations to comply with government directives or ensure safety.

If a force majeure event continues for more than 60 days, either party may terminate affected orders or services with written notice.

Section 24 - Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict or modify rights you may have under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified by agreement.

Section 25 - Contact Information

Questions about the Terms of Service should be sent to us at:

Atelier Cosmetics Design Pty Ltd Email: ask@ateliercd.com Phone: 0490349360 Address: PO BOX 3067, Mornington, 3931 VIC Australia

Last Updated: 07/08/2025

For customers purchasing from www.soniaorts.net

Effective Date: Thursday, 7 August 2025

Returns & Refunds Policy

Our Commitment

At Atelier Cosmetics Design PTY Ltd, we want you to love your products. Due to the handmade, fresh nature of our cosmetics, we have specific policies to ensure product quality and safety while protecting your consumer rights under Australian law.

Order Cancellations and Modifications

Before Processing:

• Orders can be cancelled or modified free of charge if they have not yet been processed for shipping

• To cancel or modify an order, contact us immediately at orders@soniaorts.net

• We typically process orders within 1-2 business days

After Processing:

• Once an order has been processed and prepared for shipping, cancellations may incur a 15% restocking fee

Returns and Exchanges

General Policy: Due to the handmade, fresh nature of our products and for hygiene reasons, we generally cannot accept returns or exchanges of opened or used products. This policy ensures the freshness, potency, and safety of our products for all customers.

Returns and Exchanges

General Policy: Due to the handmade, fresh nature of our products and for hygiene reasons, we generally cannot accept returns or exchanges of opened or used products. This policy ensures the freshness, potency, and safety of our products for all customers.

When We Will Accept Returns:

• Products that are damaged, defective, or do not meet our quality standards

• Products damaged during transit

• Incorrect products sent due to our error

• Manufacturing defects or contamination issues

Allergic Reactions: We are not responsible for allergic reactions to ingredients when:

• All ingredients are properly listed (INCI)

• Products meet Australian safety standards

• Proper warnings and patch test advice are provided

• Customers choose to use products containing known allergens

We may consider returns for allergic reactions only in exceptional circumstances where products contain unlisted ingredients or manufacturing contamination.

Return Process:

• Contact us within 7 days of receiving your order

• Email : orders@soniaorts.net with your order number and photos of the issue

• Return authorisation required - do not return products without prior approval

• We cover return shipping for defective/incorrect products

Refund Processing:

• Refunds processed within 5-10 business days after receiving returned products

• Refunds issued to original payment method

• Full refund for defective, incorrect, or damaged products

Non-Returnable Items

• Opened or used cosmetic products (except for defects)

• Products without original packaging

• Gift cards

• Custom or personalised products (unless defective)

Australian Consumer Law

Your rights under Australian Consumer Law are not affected by this policy. You are entitled to refunds or replacements for products that are not of acceptable quality or don't match their description.

Shipping Policy

Domestic Australia Shipping

FREE SHIPPING: We offer FREE shipping within Australia on all orders over $150! This will be calculated automatically at checkout.

Shipping Method: Australia Post Parcel service

Processing Time: Orders dispatched within 1-2 business days of payment receipt

Delivery Times:

• Standard shipping: 3-6 business days from dispatch

• Express shipping: Next business day (Metro areas only)

Dispatch Location: All Australian orders dispatched from Melbourne Metro (3934)

Special Considerations:

• WA, NT, certain QLD areas, and remote rural areas: Allow a few extra days for delivery

• Sale and holiday periods: Delivery may take longer than estimated timeframes

• Remote areas: Additional delivery time may apply

International Shipping

Shipping Calculation: International shipping costs calculated at checkout

Shipping Partners:

• Australia Post (Standard international)

• TNT/FedEx (Courier service - selected at checkout)

Special Products: All Alchemic Perfumes sent via TNT due to specific shipping requirements

Delivery Information:

• Delivery times vary by destination

• Check Australia Post delivery calculator: auspost.com.au/parcels-mail/calculate-postage-delivery-times

• Times do not include customs processing

Customer Responsibilities:

• Customs and Import Charges: Customer responsible for any import duties, taxes, or customs charges

• Customs Information: Check your country's customs service for requirements

• Delivery Address: Provide complete and accurate delivery information

Delivery Issues

Damaged Packages:

• Report immediately upon delivery

• Take photos of packaging and products

• We will arrange replacement or refund

Lost Packages:

• Contact us if marked as delivered but not received

• We will investigate with shipping carrier

Tracking:

• Tracking information provided via email once shipped

• Track packages through Australia Post or international carrier websites

Contact Information

For shipping and returns inquiries: Atelier Cosmetics Design Pty Ltd Email: orders@soniaorts.net Phone: +61 0490 349 360 Address: PO BOX 3067, Mornington 3931 VIC Australia

Last Updated: 07/08/2025

Effective Date: 07/08/2025 About This Policy This Privacy Policy explains how Atelier Cosmetics Design Pty Ltd (ABN 65 026 770 8) collects, uses, and protects your personal information when you visit our websites (www.ateliercd.com and www.soniaorts.net) or purchase our products. We are committed to protecting your privacy and complying with the Privacy Act 1988 (Cth) and Australian Privacy Principles. What Information We Collect When You Shop With Us

• Your name, email address, phone number, and delivery address

• Payment details (processed securely through our payment provider)

• Order history and preferences

When You Contact Us

• Your name, email address, and any information in your message

• Records of our communications

When You Visit Our Website

• Basic technical information like your browser type and IP address

• Which pages you visit and how you navigate our site

• This helps us improve our website and understand what customers are looking for

Note: We use Wix as our website platform, and they may collect additional technical information as outlined in their privacy policy. How We Use Your Information We only use your information for essential business purposes: Order Processing:

• Fulfilling and shipping your orders

• Sending order confirmations and shipping updates

• Processing payments securely

• Handling returns or exchanges

Customer Service:

• Responding to your questions and requests

• Providing product support and advice

• Improving our products and services

Legal Requirements:

• Keeping records as required by Australian business law

• Protecting against fraud

Optional Marketing (with your permission):

• Sending newsletters and product updates

• You can unsubscribe at any time

Who We Share Information With We do not sell your personal information to anyone. We only share your information when necessary: Essential Service Providers:

• Wix (our website platform)

• Payment processors (for secure payment handling)

• Australia Post or other shipping companies (for delivery)

• Google Analytics (if we use it for basic website statistics)

Legal Requirements:

• If required by law or to protect our business rights

All service providers are required to protect your information and only use it for the specific services they provide to us. Your Rights Under Australian privacy law, you can:

• Access your personal information we hold

• Correct any incorrect information

• Request deletion of your information (where legally possible)

• Unsubscribe from marketing emails at any time

• Ask questions about how we handle your information

To exercise these rights, simply contact us at ask@ateliercd.com Data Security We take reasonable steps to protect your information:

• Secure website encryption (SSL)

• Secure payment processing

• Limited access to your information

• Regular security updates

While we work hard to protect your information, no internet transmission is 100% secure. How Long We Keep Information

• Order records: 7 years (required by Australian tax law)

• Marketing lists: Until you unsubscribe

• Website analytics: 2 years maximum

• Customer service records: 3 years

Marketing Communications If you provide your email address, we may send you:

• Order confirmations and shipping updates (essential communications)

• Product newsletters and special offers (only with your permission)

You can unsubscribe from marketing emails at any time by:

• Clicking "unsubscribe" in any marketing email

• Emailing us at ask@ateliercd.com

• We'll process your request within 5 business days

Cookies and Website Analytics Cookies: Our website uses essential cookies to function properly (like remembering items in your shopping cart). Analytics: We may use Google Analytics to understand how visitors use our website. This helps us improve the customer experience. Google Analytics collects anonymous information about page visits and user behaviour. You can control cookies through your browser settings. International Information Some of our service providers (like Wix and payment processors) may process your information overseas. We ensure they provide adequate protection for your information. Changes to This Policy We may update this policy occasionally. If we make significant changes, we'll notify you by email or through our website. Questions or Complaints If you have questions about this privacy policy or want to make a complaint about how we've handled your information: Contact us first: Atelier Cosmetics Design Pty Ltd Email: ask@ateliercd.com Phone: +61 0490 349 360 Address: PO BOX 3067, Mornington 3931 VIC Australia We'll respond to your inquiry within 7 days and resolve any issues within 30 days. If you're not satisfied with our response: You can contact the Office of the Australian Information Commissioner:

• Website: www.oaic.gov.au

• Phone: 1300 363 992

Contact Information Atelier Cosmetics Design Pty Ltd ABN: 65 026 770 8 Email: ask@ateliercd.com Phone: +61 0490 349 360 Address: PO BOX 3067, Mornington 3931 VIC Australia Last Updated: 07/08/2025

For businesses commissioning custom formulations and wholesale services

Effective Date: Thursday, 7 August 2025

Overview

Atelier Cosmetics Design Pty Ltd (ABN 65 026 770 8) provides custom cosmetic formulation and wholesale manufacturing services to businesses. This policy outlines the terms and conditions for commission work and wholesale arrangements.

Scope of Services

What We Provide

• Custom cosmetic formulation design

• Product manufacturing on commission

• INCI (International Nomenclature of Cosmetic Ingredients) documentation

• Agreed quantities of commissioned products

• Storage and usage recommendations

• Quality assurance and compliance guidance

Exclusivity Arrangements

Client Obligations:

• Clients may not engage third parties for the same formula in Australia that directly competes with our commissioned products

• Exclusive use rights within agreed territory

Our Obligations:

• We will not provide the same formula to directly competitive businesses

• Formula exclusivity maintained during active partnership

Intellectual Property

Ownership:

• Atelier Cosmetics Design Pty Ltd retains exclusive ownership of all formula intellectual property

• Clients receive usage rights, not ownership rights

Client Rights:

• Licensed use of products for agreed purposes within specified territory

• Right to use commissioned products for business operations as agreed

Restrictions:

• Clients cannot challenge our intellectual property ownership

• Cannot use formulas for purposes beyond agreed scope without written consent

• Cannot reverse engineer or attempt to replicate formulas

Transfer Clause: If we become unable to continue providing commissioned products, clients may acquire the intellectual property rights. Valuation will be determined at time of acquisition.

Order Process

Quotations

• Prices and details valid for 30 days unless otherwise specified

• Written quotations provided for all commission work

Orders

• Custom orders may require special manufacturing

• Order variations or cancellations subject to compensation for incurred losses

• Written order confirmation required

Pricing

• Prices confirmed at order placement

• Price increases possible if costs rise between order and delivery dates

• Clients may cancel if prices increase, but we're not liable for resulting losses

Returns and Quality Assurance

No Returns Policy

Commission work does NOT accept returns once samples are approved

Quality Inspection

• Clients must inspect goods within 14 days of receipt

• Check quality and specification compliance immediately

• Report any issues within inspection period

Client Responsibilities

• Proper storage according to our recommendations

• Compliance with usage guidelines

• Immediate notification of quality concerns

Defective Products

Products may be returned if they:

• Are not of acceptable quality (Australian Consumer Law)

• Do not conform to agreed specifications

• Are damaged during transit

Return Process:

• Notify within 14 days of receipt

• Provide detailed quality assessment

• Return authorization required

• We cover return costs for genuinely defective products

Payment Terms

Standard Terms

• Payment terms specified in individual agreements

• GST exclusive pricing unless stated otherwise

• Tax invoices provided showing applicable GST

Credit Assessment

• Credit worthiness evaluation at our discretion

• May require full payment on receipt if credit concerns exist

Late Payment

• Interest charges apply to overdue payments

• Daily calculation on outstanding amounts

• Annual interest rate as specified in agreement

Delivery and Risk

Delivery

• Reasonable efforts made to meet requested delivery dates

• Not liable for losses due to delivery delays

• Risk transfers to client upon taking possession

Title Retention

• We retain ownership until full payment received

• Goods held as fiduciary bailee until payment

• Right to reclaim unpaid goods

• Proceeds from sale held in trust until payment

Personal Property Securities Act (PPSA)

Security Interests

• Agreement constitutes security agreement under PPSA

• Purchase money security interest granted in goods and proceeds

• May register financing statement on PPSR

Client Obligations

• Provide information for PPSA registration and maintenance

• Cooperation with security interest enforcement

Waived Requirements

Clients waive rights to:

• Verification statements (section 157)

• Various notification requirements (section 144)

• Information about security interests (section 275)

Warranties and Liability

Our Warranties

We warrant commissioned products will:

• Match description and agreed specifications

• Be free of third-party claims

• Meet acceptable quality standards under Australian Consumer Law

Liability Limitations

Our liability limited to:

• Replacing or repairing defective goods

• Refunding cost of replacement or repair

• Not liable for indirect, incidental, or consequential losses

• No liability for loss of business opportunity, production, or profits

Exception: Limitations don't apply where they would breach Australian Consumer Law

Confidentiality

Confidential Information

• Use only as directed and for our mutual benefit

• No disclosure without written permission

• Notify immediately if legal disclosure required

• Opportunity provided to oppose disclosure where possible

Protection Requirements

• Maintain confidentiality of all proprietary information

• Secure handling of formulas and business information

• No unauthorized use or disclosure

Legal Framework

Governing Law

• Agreement governed by Australian law

• Victorian state jurisdiction for disputes

• Federal court jurisdiction where applicable

Modifications

• Policy variations require written notice

• Changes affect future orders only

• Continued engagement constitutes acceptance

Dispute Resolution

• Victorian courts have jurisdiction

• Alternative dispute resolution available

• Legal costs recoverable for enforcement

Wholesale Arrangements

Wholesale Purchasing

• Confirmation of wholesale basis required

• On-selling or re-supply to end customers

• Limited consumer guarantee entitlements

• Bulk pricing and terms available

Territory Rights

• Wholesale territories defined in individual agreements

• Exclusive or non-exclusive arrangements available

• Geographic and market segment specifications

Contact Information

For wholesale and commission inquiries:

Atelier Cosmetics Design Pty Ltd ABN: 65 026 770 8 Email: ask@ateliercd.com Phone: +61 0490 349 360 Address: PO BOX 3067, Mornington 3931 VIC Australia

For Commission Services: Please include "Commission Inquiry" in email subject line

For Wholesale Services: Please include "Wholesale Inquiry" in email subject line

Last Updated: 7/08/25