TERMS OF SERVICE Terms & Conditions for Website Le Cil Pty Ltd (ACN 655 854 256) Terms and Conditions The website Lecil.com.au (‘website’ ‘site’) ’is owned and operated by Le Cil Pty Ltd ACN 655dd 854 256 (‘TBC’ ‘the Supplier’ ‘us’ ‘we’ ‘our’). By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use this site. All purchases are accepted and handled in accordance with the conditions below and you, the customer, accepts these conditions by using the website.

1 Governing law The Supplier controls and operates this site from the Supplier offices within Australia. These T&C’s are governed by the laws of the State of Victoria. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You must be over 18 years of age to use this site.

2 Revisions to T&C’s The Supplier may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised T&C’s.

3 Copyright The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the ‘Contents’) are owned or controlled, and are reserved by the Supplier and the Supplier related companies, affiliates, licensors and licensees.

4 Advertising & Links to Third Party Websites This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties (‘linked sites’). Such information or websites are not under the control of the Supplier and the Supplier is not responsible for the contents of any such information or website. The Supplier provides such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties’ products and/or services notwithstanding any summary of such information found on this website. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party websites.

5 Personal, non-commercial use Permission is granted to download and print in hard copy portions of this site solely for the proper and reasonable purposes of using this site as a shopping resource, provided that you do not modify the site and that the Supplier retain all copyright and other proprietary notices contained in its contents. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.

6 Prohibited conduct You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public including by uploading or reposting any of the site’s content to any other site on the world wide web (‘WWW’), adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.

7 Licence to use You grant the Supplier an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to the Supplier from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

8 User conduct 8.1 You must not upload, post, transmit or otherwise make available through this site any material which: a. violates or infringes the rights of others (including their privacy and intellectual property rights); b. is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; c. encourages or engages in conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; d. restricts or inhibits the Supplier or any other user from using the site; e. affects the functionality or operation of the site or the Supplier’s servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or f. breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code. 8.2 You agree to take responsibility for the safekeeping of your log in details, user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify the Supplier in connection with any such use (whether authorised or unauthorised of your user name or password).

9 Indemnity You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties.

10 Sale Process and Delivery Terms

10.1 These terms supersede all prior communication and agreements between the Supplier and you.

10.2 These terms shall apply to all purchases of goods meaning the goods that we agree to sell to you (‘Goods’).

10.3 Placing an order You will be able to order Goods on the website (‘an order’). The website will direct you on how to order Goods from us. You are ultimately responsible for selecting the options appropriate to your situation. All orders are subject to availability. Discount codes are non-compounding, if you qualify for more than one, the system will choose one for you based on the 'terms' of those particular discounts. In order to avoid any mistakes with your order, you should carefully read and check your order prior to finalising it.

10.4 Once you have placed an order with us, we will confirm receipt of such order (which to be clear is not acceptance by us) by sending you a confirmation email. Prior to confirming acceptance and posting your order, we will undertake a standard preauthorisation check on your payment card.

10.5 After we have completed the preauthorisation check on your payment method, we will confirm our acceptance of your order by sending you an email confirming that your order has been posted.

10.6 The Supplier in its absolute discretion may decide to not accept your order for any reason whatsoever. For instance, the Supplier may decide to not accept your order where payment has been declined or the Supplier is out of stock.

10.7 The Supplier will inform you by email as soon as practicable if it decides to not accept your order. If payment has been made then you will receive a refund as soon as practicable.

10.8 Payment The Supplier accepts payment by PayPal, or any other method which may be clearly indicated on the Supplier’s site from time to time (‘payment method’). Should you choose PayPal as your payment method you will be directed to the PayPal website and will be bound by PayPal’s terms and conditions. The Supplier is not responsible for any data provided by you to PayPal or any other payment platform.

10.9 Payment of the Goods and the applicable delivery charges are paid in advance, at the time of placing your order.

10.10 You are ultimately responsible for providing to the Supplier your correct payment method and ensuring that your payment method has sufficient cleared funds available for payment of your order once placed.

10.11 The Supplier will not be liable for delays in providing the Goods caused as a result of you providing incorrect payment information or as a result of your payment provider not authorising a payment to the Supplier.

10.12 Refund and returns Subject to Clause 11, the Supplier will only offer refunds to the extent permitted under the Australian Consumer Law.

10.13 To the extent that you are permitted a refund under the Australian Consumer Law, you may only return the Goods subject to the following conditions: a. The Goods must be returned unopened and in the original packaging; b. The costs of returning the Goods is your responsibility; and c. The Goods must be returned with its accompanying receipt from the Supplier.

10.131 LeCil Starter kit Money Back Guarantee

At LeCil, we stand behind the quality of our products and want you to love your experience. To give you peace of mind, we offer a Money Back Guarantee exclusively for new customers purchasing for the first time. This guarantee applies only to the following full-priced starter kits:

• Bond and Seal Starter Kit
• Full Presse Starter Kit
• Nail Starter Kit

To qualify for the Money Back Guarantee:

1. Eligibility:

   • This guarantee is only available to new customers making their first purchase with LeCil.

2. Return Requirements:

   • All products, including used lashes or nails, must be returned in full.
   • Partial or incomplete returns will not be accepted.
   • Products must be returned in good condition, with packaging included where possible. Excessively damaged items may disqualify your return.

3. Timeframe:

   • The goods must be returned to us within 14 days of receipt.

4. Return Shipping:

   • The cost of return shipping is the responsibility of the customer.
   • We strongly recommend using a tracked shipping service, as we cannot be held responsible for goods lost in transit.

5. Restocking & Handling Fee:

   • A $30 restocking and handling fee will be deducted from the refund amount.

6. Non-Refundable Items:

   • Sale items, promotional kits, or any products not included in the Bond and Seal, Presse, or Nail Starter Kits are excluded from this guarantee.

7. Return Authorization:

   • All returns must be authorized by our customer service team before being sent back to ensure proper tracking and handling.

Refunds will be processed within 5-7 business days after we receive and inspect the returned items.

10.14 You must contact the Supplier by email at contact@lecil.com.au Within 14 days of receiving the goods and before returning the Goods.

10.15 The Supplier will not offer a refund of the Goods where: a. The packaging has been opened or damaged; b. The Goods have been used in an unreasonable or unintended manner; c. You have changed your mind about the Goods; or d. We are not required to do so under our statutory obligations.

10.16 Delivery. once dispatched all delivery services are a contract between delivery service and customer. LeCil is not responsible for lost, stolen, undeliverable or damaged packages.  The COVID-19 pandemic has had a profound impact on the activities and operations of global postage service providers, which means they are experiencing significant delays. LeCil is not responsible if shipping times are longer than predicted. Ordinarily Orders will be processed between 3-5 business days from the acceptance of your order.

10.17 Shipping times for both deliveries within Australia and to international countries will be calculated on the order page. The cost for postage will be added at the checkout of the order (‘postage cost’). 1

0.18 The Supplier will use their best endeavours to comply with your reasonable delivery instructions. However, the Supplier will not be liable whatsoever in the event that the delivery instructions were not complied with.

10.19 Delivery of the Goods will have deemed to have been completed upon the leaving of the Goods at the address shown on the confirmation email referred to in Clause 10.4.

10.20 The costs of insurance on both deliveries within Australia and to international countries will be added at the checkout of the order (‘insurance cost’).

10.21 The relevant postal service provider tracking provides the most accurate information on the estimated delivery dates and of any delays while the Goods are in transit. Please be aware that the date of delivery is an estimate only and we make no representations that the Goods will be delivered by the stated date. The Supplier will not be liable for any loss or claim whatsoever relating to any such delay.

10.22 Shipping within Australia The Supplier does not deliver to PO Boxes, and we will only deliver to your residential or work address where you will be able to sign for the delivery (subject to any contrary instructions by you). Should postal worker be unable to delivery your package for any reason it will be returned to LeCil and re-delivery fees are the sole responsibility of the customer. Inability to deliver a package to address provided by customer is not grounds for refund and must be deliberated with the delivery provider.   

10.23 International Shipping The Supplier uses multiple preferred shipping partners for international orders. The Supplier upon providing the confirmation email in Clause 10 will advise of the exact preferred shipping partner to be used and provide you with a tracking number so that you may track your order on the website of the preferred shipping partner.

10.24 The Supplier is not responsible for any import taxes, customs duties, or any other additional fees levied by the destination international country. You are ultimately responsible for making payment of any import taxes, customs duties, or any other additional fees levied by the destination international country and payment of these fees is necessary so as to release the Goods from customs of the destination international country. Please check with your international country’s customs office for further information and procedure relating to these taxes and fees.

10.25 The Supplier is not responsible for any delay caused due to the customs procedures of the destination international country imposed on the Goods.

10.26 The Supplier sources the Goods, including for custom made Goods, through a Third Party Manufacturer. The Supplier will not be liable for any loss or claim whatsoever relating to any delay in production or delivery caused by the manufacturer.

10.27 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all Goods 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. In no case shall the Supplier, its 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 of the 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.

10.28 We welcome feedback at Le Cil Pty Ltd. Please feel free to contact us at contact@lecil.com.au.

11 Use of Products

11.1 The Supplier does not accept responsibility or any liability in any way for the ultimate results because of the use by you of the Goods purchased on this website. Responsibility for the use of the Goods rests solely with you.

11.2 You acknowledge that some products sold by the Supplier are sensitive to temperature changes which may result in the alteration of the consistency of the Goods and thereby compromise the quality and effectiveness of the Goods.

11.3 The Supplier endeavours to strictly provide Goods of the highest quality. However, due to sanitary, hygiene and health regulations, the Supplier is unable to accept returns on any opened packages from you.

11.4 For the sake of clarity, you agree that your use of the Goods will not violate any rights of any third party, including copy right, trademark, privacy, personality or personal or proprietary right. The Supplier takes no responsibility and assumes no liability for any use by you in violation of any third rights and you agree to indemnify the Supplier for any loss or claims arising out of any such violations.

12 Product Images The Supplier has used their best endeavours to accurately describe and depict the Goods available on this website, including (but not limited to) the colour, shape and size of the Goods (‘the Goods quality’). However, the Supplier cannot guarantee the accuracy of the Goods quality as every computer monitor is different and the appearance of the Goods quality may vary slightly depending on each individual computer monitor. Additionally, small, non substantive changes to packaging, brushes etc may be made without prior warning nor updating of imagery on the website. The Supplier in some instances on this website may use larger images of the Goods for your ease of viewing, so the Goods may therefore appear larger or smaller than their actual size.

13 Price, Taxes and Duties

13.1 The Supplier will use their best efforts to ensure that Goods are correctly priced, however, from time to time the price of a Good may be incorrect due to a system or typographical error. The Supplier reserves the right to correct any error in pricing and is not liable in any way for any pricing errors and is not required to honour any pricing errors.

13.2 Prices displayed on this site are final and nonnegotiable.

13.3 Prices and availability of items are subject to change without notice.

13.4 Deliveries within Australia For deliveries within Australia, prices displayed on this site are in Australian Dollars and inclusive of GST. The price of the Goods displayed on the website does not include any delivery charges.

13.5 Deliveries outside Australia For deliveries of the Goods to international countries, the prices of the Goods displayed in Australian Dollars and are inclusive of GST. The Supplier will refund to you the GST component if you are not liable to pay GST. You are ultimately responsible for making payment of any import taxes, customs duties, or any other additional fees levied by the destination international country and payment of these fees is necessary so as to release the Goods from customs of the destination international country. The Supplier is not responsible for ensuring your Goods clear the customs of the destination international country and has no control over the customs and associated fees of the destination international country. The Supplier will not provide a refund in the event that you do not want to or are unable to pay any import taxes, customs duties, or any other additional fees levied by the destination international country.

14 Disclaimer

14.1 To the extent permitted by law, the Supplier will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to): a. loss of use, data, or profits, arising out of or in connection with the use, copying, or display of the contents of this site, goods or services supplied by the Supplier under these T&C’s or a failure or omission on the part of the Supplier to comply with the Supplier obligations under these T&C’s; b. your acting, or failing to act, on any information contained on or referred to on the site or any linked site; c. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the site and/or any linked site or otherwise purchased by you via or as a result of this site; d. errors, defects or omissions in the site; e. delays to, interruptions of or cessation of the services provided on the site or linked sites or otherwise purchased by you on or via the site; f. defamatory, offensive or illegal conduct of any user of the site, whether caused through negligence of the Supplier, its employees or independent contractors, or through any other cause; or g. for any other reason permitted by law.

14.2 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a direct or indirect consequence of you accessing this website.

14.3 By using this website, you agree that the exclusions and limitations of liability set out in these T&C’s are reasonable and necessary.

15 Liability We exclude liability for your purchase decisions made on the basis of information included or excluded from this website and any limitation of liability and indemnity provisions in these terms survives termination.

16 Disclaimer of warranty

16.1 The Supplier is providing this site and the Supplier’s contents on an 'as is' basis and use of this site is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services) or any linked sites. To the extent permitted by law, including any non-excusable statutory obligations, we will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site and the services which may be supplied to you as a result of your use of this site. To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of reliability, suitability, merchantability or fitness for purpose.

16.2 In addition to the preceding sub clause and the terms of the T&C’s, you acknowledge that we hereby disclaim any and all warranties, express or implied, guarantees or representations that: a. the site or the server that makes the site available on the WWW are free of software viruses. It is your responsibility to protect your data whether by virus scanning or other system; b. the functions contained in any software on the site will operate uninterrupted or error free; c. errors and defects in the site will be corrected; d. the information found on the site is complete, true, accurate or non-misleading; e. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the site in any content and/or of any linked sites; f. information on this site constitutes or is meant to constitute advice of any kind.

16.3 Information provided by us is general in nature and does not take into account your financial or other situation and needs. Before acting on any information contained on this site or otherwise provided by us, you must consider whether any such action is appropriate for you.

16.4 The presence of a third party link on our site does not constitute an endorsement by us of the provider, the content of their website or other information provided by them, or the activities they engage in.

17 Rights we cannot exclude The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Competition and Consumer Act 2010.

18 Termination Your ability to access the site and or purchase services from this site may be terminated by the Supplier at any time without notice. All restrictions, licences granted by you and limitations of the Supplier's liability will survive termination and we will not be liable for any costs, losses or damages which you may incur as a direct or indirect result of our termination.

19 Frustration

19.1 In the event of a “force majeure” the Supplier shall be entitled to withhold fulfilling this agreement (without being liable for damages or to extend the time for performance) by a reasonable period of not less than the duration of such “force majeure” without any liability to you.

19.2 “Force majeure” shall include all happenings beyond the Supplier’s control or in consequence of which the Supplier cannot readily execute its performance of the services and without prejudice to the generality of the foregoing the expression shall include all strikes, lockouts, trade disputes, fires, accidents, damage or breakdown of plant and equipment, and/or components involved disabling, or adverse exchange regulations, civil disorders, outbreaks of war or any other event of contingency beyond the Supplier’s absolute control and “force majeure”.

19.3 In the event of a “force majeure” the Supplier or you will not be responsible for any failure to comply with the obligations under these T&Cs borne from the force majeure event and each party will use their best endeavours to rectify any failure under these T&Cs.

20 Privacy

20.1 Le Cil Pty Ltd is bound by the National Privacy Principles contained in the Privacy Act 1988 (“Act”) and any applicable state or territory legislation that applies in relation to any personal information collected by it.

20.2 “Personal Information” is defined in the Act as “any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion”.

20.3 Your personal information may include your name, phone numbers, address, email, date of birth and other information you choose to provide or are required to provide for the purposes of dealing with us as a customer, potential customer, supplier, job applicant, stakeholder, contractor or in some other capacity, which may identify you.

20.4 We will collect personal information from you, when you: enter any information on the site, contact us by phone, mail, email or visit our website; make an enquiry about a product or service; purchase a product or service; enter any competition or special offer.

20.5 Your personal information may also be collected by us from publicly available sources or third parties.

20.6 Should you provide us with personal information about another person, you must obtain their consent and advise them of this policy, prior to giving their information.

20.7 We will use your personal information to: a. answer your questions and to provide you with information regarding services of Le Cil Pty Ltd; b. provide you with customer service; c. process transactions for the supply and/or delivery of services as requested by you; d. offer you products and services of Le Cil Pty Ltd and/or third-party organisations offering complimentary products or services which may be of interest to you, unless you advise that you do not wish to receive such further marketing (refer to our opt out option below); e. meet our legal obligations; f. manage and resolve any complaints and issues; g. carry out internal administrative functions; h. monitor and record phone calls for the purposes of training and customer service; i. market research; j. other purposes with your consent, whether written, verbal or implied; k. operate the website, generate content and provide customer support and billing services (including updates and improvements); l. provide the services requested by you; m. research, develop and improve our services; n. to conduct surveys to determine use and satisfaction with our services; o. to generate statistics in relation to the Website; p. detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our T&Cs, this or other policies; q. enforce our T & C’s or other policies; r. verify information for accuracy or completeness (including by way of verification with third parties); s. combine or aggregate your personal information with information we collect from third parties and use it for the purposes set out in this clause; t. contact you at your contact details we have collected, by way of voice call, post, text message or email; u. aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you; v. collect fees, resolve disputes and to identify, test and resolve problems; w. notify you about the website and updates to the website from time to time; or x. supply you with generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications based on your preferences, and measure and improve our marketing, advertising and promotions based on your customisation preferences.

20.8 Your personal information may be used for the purpose of direct marketing to keep you informed about a range of services which may be of interest to you.

20.9 If your phone number is registered on the “Do Not Call Register”, by providing us with your phone number, you consent to receiving phone calls from us and acknowledge and agree that such calls will not constitute unsolicited telemarketing calls under section 11 of the Do Not Call Register Act 2006 (Cth).

20.10 Opt out At any time you may opt out of receiving any third party organisation marketing by emailing us at contact@lecil.com.au.

20.11 Access to your personal information You may request access to your personal information held by us by writing to us at the address stated below. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it, at your expense, as soon as reasonably practicable.

20.12 Access to personal information may be refused in certain circumstances, such as where it would impact the privacy of others, for legal reasons, prejudicial to an enforcement body, reveal commercially sensitive information, pose a risk to the life or safety of an individual or if the request is frivolous or vexatious.

20.13 If you believe that your personal information held by us is incorrect, incomplete, inaccurate or irrelevant, please contact us at contact@lecil.com.au.

20.14 Website a. Whilst our Website operates in a secure environment and is professionally hosted, when using the website you should be aware that no data transmission over the internet can be guaranteed as totally secure. Although we strive to protect your personal information, we do not warrant the security of any information transmitted to it over the internet. Any information transmitted to us over the internet is done so at the risk of the person or organisation transmitting the information. b. “Cookies” may be collected by our Website and used by us to improve our customer service and for statistical and marketing purposes. This information may include your personal information as well as nonpersonal data such as the server address, domain name, date and time of visiting the site, pages accessed, previous site you visited, whether you have visited our Website previously and the type of webbrowser used.

20.15 Complaint or further information required Any questions about this policy, or any complaint regarding treatment of your privacy by us, should be made in writing to contact@lecil.com.au. We will respond within 30 days. Any breach of this privacy policy will be investigated and appropriate action will be taken to prevent any further breach. 18.19 Further information on privacy legal requirements can be obtained from the Australian Information Commissioner at www.oaic.gov.au or phone 1300 359 779. 18.20 If you or someone you know wishes to use our website but needs assistance to do so please contact us by emailing us at contact@lecil.com.au. We will do our best to make your use of the site easier.

Please be  informed that the glue holding the lashes in the packaging is firm and requires careful removal by complete grasping at the base or removing adhesive with application of appropriate chemical remover. LeCil PTY LTD is not responsible for lashes damaged by rough handling or failure to head this warning. 

PLEASE READ THESE WHOLESALE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS SITE

1. Who we are and how to contact us

www.lecil.com.ais a website (“Site”) operated by Le Cil Pty Ltd and ACN 655 854 256 (we, us and our).

To contact us, please email contact@lecil.com.au

Reference to the Site, includes any goods or products we have listed for sale on the Site from time to time, which includes eyelash kits and related beauty products (“Products”).

1. Agreement

By registering as a Stockist and/or placing an order for our Products as a wholesale customer on our Site, you confirm that you accept these Terms and that you have read and agree to comply with them. If you do not agree to these Terms, you must not use our Site. You agree you are at least 18 years old to make any purchases on our Site.

We are the owner or the licensee of all intellectual property rights in our Site, our Products, and in the material published on the Site. All such rights are reserved.

1. We may make changes to these Terms

We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the Terms that apply at that time. By continuing to use our Services after the amendments take effect, you agree to be bound by the Terms as amended.

These Terms were most recently updated on 30 June 2023.  

1. Registering as a Stockist
   • To become a registered Stockist and entitled to the applicable wholesale discount, you must first register for a stockist account through the Website. Once you have completed the registration process, we will assess your application and, in our sole discretion, register you as an agreed stockist of our Products ('Stockist') and agree to be bound by the Terms.
   • In order to be approved as a Stockist you must:
     • operate an existing store with proven presences and sales;
     • operate in the beauty industry and aligned with LeCil aesthetic;
     • a registered business with an ABN or equivalent; and
     • purchase a minimum of $2,000 excluding GST per year.
   • We reserve the right to remove you as a registered Stockist if you fail to comply with clause 4.2, or otherwise in our absolute discretion.
   • As part of the registration process, or as part of your continued access of our Website, you may be required to provide personal information about yourself (such as identification or contact details). You warrant that any information you give to us in the course of completing the registration process will always be accurate, correct and up to date. Please advise us if you would like to make changes to your application details such as your contact or payment details.
   • We appoint our Stockists as a non-exclusive stockist to sell and market the Products to retail customers from the Agreed Premises as set out in these Terms.  Nothing in these Terms prevents us from selling directly to the Stockists customer base.
   • Stockist may not appoint sub-agents or sub-distributors to sell and distribute the Products without our prior written consent.
2. Placing an Order for Products
   • By placing a request to purchase Products under these Terms on the Site (“Order”), you are making an offer to enter into an agreement to purchase the Product(s) in that order. Orders will be deemed received by us at the time we send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order. Each Order you place will be a separate contract.
   • The Stockist must place orders for Products to a minimum value of $1,000, excluding GST per order. Alternative arrangements may be negotiated at the sole discretion of LeCil PTY LTD.  
   • We reserve the right to accept or reject your Order for any reason at any time. If we reject your Order you will receive a refund of any money paid.
   • Your Order becomes a sale when we have issued you a tax invoice.
3. Availability of Products
   • Where a product which is the subject of an Order has been withdrawn or suspended from sale and your payment for the product has already been processed, we will either substitute it with a suitable replacement or we may refund any money paid to us.
   • If your Order is affected by a genuine error (including in a description, an image or price), we reserve the right to cancel your Order and refund any money paid to us.
   • We reserve the right absolutely at any time and without notice or incurring any liability to the Stockist to:
     • discontinue or limit its production of any of the Products;
     • terminate or limit deliveries of such discontinued or limited Products;
     • discontinue or limit its supply (whether temporarily or permanently) of certain Products;
     • alter the design, construction, specifications, features or attributes of any of the Products; and/or
     • add new, different, modified and/or extra products or lines of products to the Products.
   • You acknowledge and agree that: a) all pictures and images of Products displayed are for illustrative purposes only; and b) any accessory featured with the product is for illustrative purposes only and may be sold separately.
   • Whilst we have made every attempt to show textures, appearances and colours of our Products as accurately as possible, product images may vary from the delivered product depending on your monitor, settings and computer equipment. Unless otherwise stated, any additional Products and accessories styled or shown in a product image are for display purposes only and are not included in the listed price. You must ensure that you carefully read the title and description before making a purchase.
4. Price and Payment
   • Unless otherwise agreed, and stipulated by us in writing, the purchase price for the Products will be as shown on Wholesale section of our Site current at the time of dispatch of the Products (“Price”).
   • Prices are subject to change.
   • All Prices are in Australian Dollars and are exclusive of GST. You will be required to pay the additional GST component upon placing the Order.
   • You will be required to pay for the cost of shipping and delivery for the Order. This cost will be calculated by us after the Order has been placed and we will invoice you separately for the shipping costs (‘Shipping Invoice’).
   • Your Order will not be dispatched until you have paid the Shipping Invoice. If a Shipping Invoice remains unpaid for more than 30 days, we have the right to cancel your Order and refund you the Price, minus any costs we have incurred as a result of your failure to pay the Shipping Invoice.
   • Dispatch times may vary according to availability. Any representations made regarding delivery times are estimates only and are subject to delays resulting from postal delays or force majeure for which we are not responsible. 
   • We may cancel, or suspend delivery of an accepted order if the Stockist is in breach of its obligations under these Terms.
5. Order Cancellation and Returns
   • Unless provided for under these Terms or as otherwise agreed by us, no cancellations or changes to Orders will be accepted, and the Product will be delivered to the delivery address in the Order. You should carefully check that your Order is accurate before you submit it.
   • Any Product you purchase can only be returned in accordance with these Terms.
   • If you are unhappy with your Order for a legitimate reason such as:
     1. the Product was missing items;
     2. the Product was damaged; or
     3. the Product did not arrive,

we will offer an appropriate refund if it can be shown that the Order you were charged for was not provided as it should have been. Depending on the circumstances, we may, in our sole discretion, provide a full or partial refund of the Price, or provide you with credits to be applied to future orders. You must contact customer service at the Contact Us page on the Site within three (3) days of receiving your Order to qualify for a refund due to faulty or damaged goods.

• If no such claim as described at clause 48.3 is made within three (3) days of delivery, the Stockist shall be deemed to have accepted the Products as supplied and be deemed to have waived any such claim.
• No change of mind refunds will be given.
• Where a refund is issued by us, we will refund all monies to the original payment method that was used to pay for the Order.

1. Title and Risk

Title in the Products passes to you on the date and time of delivery of the Products to you by the delivery agent.

Risk in the product passes to you when the sale occurs.

1. Stockist Obligations
   • The Stockist must:
     • Not share or otherwise disclose the wholesale discount to any third party;
     • use its best efforts to sell and promote the Products and the Le Cil brand generally;
     • conduct its business according to the highest business standards, including maintaining the highest standards of presentation of the Products;
     • maintain an environment of high quality which is compatible with the our brand image;
     • purchase a minimum of $2,000+GST of Products annually;
     • operate its business in a manner that promotes the best interests of us and the LeCil brand and the Products;
     • in accordance with our reasonable instructions or requirements and branding guidelines;
     • not sell or offer the Products for sale outside of Australia without our prior written consent;
     • not break up any promotional packs of Products as provided by us;
     • not repackage Products, alter the packaging of Products, apply anything to the Products other than prices and the Stockist identification, or market the Products in altered, damaged or substituted packaging;
     • only use the promotional material supplied by us to promote our Products;
     • not sell, make available for sale or use or other supply Products that have passed their expiry date;
     • maintain sufficient inventory to meet anticipated retail demand;
     • use its reasonable endeavours to notify LeCil PTY LTD of any potential shortages to ensure that an appropriate range of the Products is maintained at all times, including giving us notice in advance of any special advertising campaigns or other activities that might create unexpected demand for the Products;
     • store Products in suitable conditions, and supply only those in good condition;
     • not hold yourself out as our agent;
     • Provide us with reports as and when required by us regarding the Products that have been or have not been sold by you;
     • participate in any advertising or sales promotion programs and any customer relationship management programs that may be offered by us and on such terms and conditions which may be agreed between the parties;
     • not engage in any deceptive, misleading, or unethical or spamming practices when dealing in anyway with out Products or our branding;
     • obtain and maintain any and all licences, authorisations and approvals required for you to on-sell the Products and to be able to comply with its obligations under these Terms; and
     • comply with all applicable laws, and regulations relating to the sale of the Products and the operation of your business.
   • Where you have promoted or listed our Products for sale on your website, or your social media accounts, you will ensure that your website, your social media accounts, or any marketing materials do not contain, any material that is, in our opinion which is illegal, immoral, harmful, discriminatory, defamatory, racist, obscene, threatening, likely to incite violence, pornographic or otherwise or which is detrimental to our business or in violation of our branding guidelines.
   • If any customer complaint concerning the Products is received by the Stockist, you must:
     • promptly inform us of the details of the complaint and complainant within 5 days of receiving the complaint;
     • provide us with any documentation or Products requested by us to assist us to investigate the complaint; and
     • cooperate with and provide all reasonable assistance to us in dealing with the complaint.
   • We will not credit you for any Products that are the subject of a customer complaint and that have been returned to us without our prior written consent.
   • If there is a Product recall, the Stockist must cooperate fully with us and assist with the recall.
2. Warranties
   • We warrant to you that any Product purchased from us through the Site will, on delivery:
     1. conform with its description;
     2. be of satisfactory quality; and
     3. be reasonably fit for all the purposes for which Products of that kind are commonly supplied.
   • We exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
   • You are fully responsible for the sale and application of our Products to third parties. You should be appropriately trained and qualified to apply our Products to a person. We accept no liability for any application, or any injury or damage to a person or thing where you have used our Products.
   • The information and content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
3. Liability
   • Both parties total liability, save for your non-payment of the Price which is uncapped, arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Products to you, or the Price paid by you in the preceding 12 months.
   • Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and/or any indirect, special or consequential loss of any kind.
   • Nothing in the Agreement will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.
4. Intellectual Property
   • Each Party acknowledges that all Pre-existing IP Rights remain the sole property of the owner. Ownership of Pre-existing IP Rights remain unchanged by this Agreement, other than as expressly set out in this Agreement.
   • We grant you a worldwide, non-exclusive, royalty-free, non-transferable licence to use the our Intellectual Property us for the sole purpose of selling LeCil Products to retail customers.
   • You acknowledge and agree that all right, title and interest in our Intellectual Property and any other materials supplied to you under these Terms are, and will remain, our property.  Under no circumstances will you acquire any right, title or interest in our Intellectual Property other than the right to sell Products to retail customers as expressly provided by this Agreement.
   • In this clause the following definitions have the following meanings:
     • Intellectual Property means any copyright, registered or unregistered design, patent or trade mark rights, domain names; know-how, inventions, processes, trade secrets or Confidential Information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing; and
     • Pre-existing IP Rights: means Intellectual Property rights in all materials owned by parties independent of these Terms.

1. Confidentiality and Privacy
   • Subject to clause 14.2, you must (and must ensure that your personnel do) keep confidential, and not use or permit any unauthorised use of, all Confidential Information.
   • Clause 14.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that you ensure the adviser complies with the terms of clause 14.1.
   • You agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (as if you were an “APP entity” as defined in the Privacy Act 1988 (Cth)).
   • In this clause the following definitions have the following meanings:
     • Confidential Information includes information which:
       • is disclosed to you in connection with this Agreement at any time;
       • is prepared or produced under or in connection with this Agreement at any time;
       • relates to Our Business, assets or affairs; or
       • relates to the subject matter of, the terms of and/or any transactions contemplated by this Agreement,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the you receive that information.

1. Prohibited Uses

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

1. a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
2. b) disclosing any user identification codes, password or any other piece of information as part of our security procedures, which are confidential. You must not disclose it to any third party;
3. c) using our Site to defame, harass, threaten, menace or offend any person;
4. d) interfering with any other person using our Site;
5. e) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses piracy or programming routines ;
6. f) using our Site to send unsolicited email messages; or
7. g) facilitating or assisting a third party to do any of the above acts.

 In the event of such a breach, your right to use our Site will cease immediately.

1. Privacy

You agree to allow us to send you emails regarding our business, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.  Please see our Privacy Policy for information about our privacy practices.

1. Termination
   • Either Party may terminate these Terms at any time by giving not less than 14 days’ notice in writing to the other Party.
   • Either Party may terminate this Agreement if the other Party breaches a material term of this Agreement, and that breach has not been remedied within 5 business days of being notified by the relevant Party.
   • We may terminate this Agreement with immediate effect if you, in our absolute discretion:
     • breach clause 10.1; or
     • carry out any act that could materially harm our business.
   • Upon expiry or termination of this Agreement, you agree to:
     • immediately stop selling our Products and return to us all of our property (including any of our Confidential Information and any of our Intellectual Property) in your possession;
     • immediately pay any amounts due and payable to us by you under these Terms.
   • Termination will not affect any rights or liabilities that a party has accrued under it.
2. We are not responsible for viruses

We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Site. You should use your own antivirus software.

1. We are not responsible for websites we link to

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party websites subject to the terms and conditions for those websites.

1. We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our Products, our users' needs, changes in law and our business priorities.

1. We may suspend or withdraw our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content or Products on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site or Products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

This Site is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

1. Other terms and conditions

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these Terms.

1. General

Termination: These Terms are effective until terminated by either party, upon reasonable notice.  In the event of termination, Terms which expressly or by implication from its nature is intended to survive the termination (including limitation of liability) will survive.

Disputes: In the event of any dispute arising from, the parties must attempt to resolve the dispute in good faith.  If the parties do not resolve the dispute between themselves, they may refer the dispute to a mediator.

Force majeure: No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, including but not limited to an act of god, strike or pandemic.

Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.

Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.

Entire agreement: These Terms form the entire agreement between the parties in relation to the Products. It replaces any earlier agreements, representations or discussions. This clause survives termination of these Terms.

Jurisdiction: These Terms are governed by the laws of Victoria  You irrevocably and unconditionally submit to the exclusive jurisdiction of the Victorian courts.  Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Terms.