CONDITIONS OF SALE

1. GENERAL

These Conditions of Sale apply to any sales of CHIKA BELLA products that you (the “Customer” or “you”) may order from CHIKA BELLA, a division of Lumasa Six Ltd, (“Chika Bella”, or referred to herein as “us”, “our” or “we”) using the Website and/or any associated mobile or digital applications that refer to these Conditions of Sale (together, the “Platforms”) or by e-mail or other electronic means or telephone or our client relations centre (the “Client Relations Center”).

CHIKA BELLA, a division of Lumasa Six Ltd, has its registered offices at PO Box 480 Main Street Charlestown Nevis (CHIKA BELLA and “we”, “us” and “our”).

Lumasa Six Ltd which owns and edits the Platforms pursuant to the Terms of Use, is responsible for our information collection practices pursuant to the terms of the Privacy Policy. By placing an order, you agree to be bound by the Terms of Use and Privacy Policy, the terms of which are incorporated into these Conditions of Sale.

Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platforms, Client Relations Center (together the “Sales Channels”), and include an agreement to arbitrate any disputes on an individual basis. By using the Platform, you signify your assent and agreement to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you are not authorised to continue use of the Platform. The Conditions of Sale, Terms of Use and Privacy Policy may be updated at any time by us without notice.

2. PURCHASING ELIGIBILITY

Only individuals (and legal entities) who (a) have reached the age of eighteen (18), (b) have legal capacity to enter into contracts and (c) have a shipping address in the Commonwealth of Australia may order products through the Client Relations Centre or on the Website. If you are under the age of eighteen (18) or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale.

Legal entities excepted, by placing an order through the Client Relations Centre or on the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Chika Bella products or purchase Chika Bella products for commercial purposes or any other commercial benefit.

3. PRODUCT AVAILABILITY AND QUANTITY

All orders placed through on the Website are subject to availability and acceptance by Chika Bella.
Quantity limits may apply in relation to certain products. Chika Bella further reserves the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorised products.

4. ACCOUNT REGISTRATION AND GUEST CHECKOUT

In order to place an order, you are not required to create an account, though this is an available option at checkout.

5. ORDERS

If you are ordering on the Website, orders will be processed as follows: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout”. You may also remove one or several products you have selected from the Shopping Bag. Once on the payment page, review your order details and personal information (including email, shipping address, billing address and payment information), check the box next to “I have read and I accept the Conditions”. Then, place your order.

Notwithstanding anything to the contrary provided for herein, Chika Bella reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Chika Bella may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Chika Bella suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Conditions of Sale or the policies incorporated herein by reference.

6. PRICES, TAX AND SHIPPING COSTS

All prices shown on the product pages of the Website or quoted by the Client Relations Centre are in Australian Dollars.

Chika Bella reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Website or quoted by the Client Relations Centre, at the time Chika Bella provides you with a Confirmation of Order, will be honoured by Chika Bella.

Actual shipping costs and applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a Website order) and will also be reflected in the Confirmation of Order. Delivery costs, if any, are described in Clause 14 Shipping Policy set out below and specified on the Website. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs are not stated on the product pages but will be added to the product price, if applicable, after you have chosen your delivery location and options.

7. PAYMENT

We accept the methods of payment offered on the Website or through the Client Relations Centre.

When ordering on the Website, you will need to enter your payment details on the appropriate form. In the case of an order placed by email, you will need to communicate to the Client Relations Centre your credit/debit card number and your three or four digit security code that is printed on the back or the front of your card (CVV2/CVC2/CID).

All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Chika Bella, you will need to contact your card issuer directly to solve this problem.

In order to process your order, we may perform security checks on your credit card. The full amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Chika Bella, at which point in time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Chika Bella products on the Website or through the Client Relations Centre, you expressly authorise Chika Bella to perform security checks, where Chika Bella deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Where we offer various payment platforms as a payment method, the full amount of your purchase may be taken immediately following the placement of your order. Pre-payment shall not impact any of your legal rights under these Conditions of Sale (including for example any right of refund). If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay.

8. PAYMENT BY BANK TRANSFER

Wire transfer payment is available through the Client Relations Centre. All customers must provide proper form of identification when making a purchase by bank transfer. Chika Bella does not charge a fee for bank wire transfers; however, some financial institutions will charge a fee for using a bank transfer.

Chika Bella requires that all bank transfer orders by email be confirmed through an order approval process. Chika Bella may acknowledge a bank transfer order, but the order will not be processed until the payment has been received and confirmed by Chika Bella by email. If your bank transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be cancelled.

9. REVIEW AND CONFIRMATION

You should carefully check and confirm all details on the payment page before placing your order. In the case of an order being placed through the Client Relations Centre, we will contact you and verbally ask you to confirm the details of your order.

10. ACKNOWLEDGMENT OF ORDER

Once you have made your choice and your order has been placed on the Website, you will receive an Acknowledgment of Order in writing (by email or otherwise), acknowledging the details of your order. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Chika Bella will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order.

These Conditions of Sale will be provided to you with the Acknowledgment of Order. Please carefully review these Conditions of Sale upon receipt.

11. CONFIRMATION OF ORDER

Upon shipment of your order, following completion by Chika Bella of its anti-fraud, security and related legal checks, Chika Bella will send you in writing (by email or otherwise) a written Confirmation of Order. The Written Confirmation of Order constitutes the acceptance of your order by Chika Bella and indicates the existence of a binding sales contract.

12. PROOF OF AGREEMENT

The Acknowledgment of Order and Confirmation of Order that are sent to you are deemed to be received when you are able to access them.

The Acknowledgment of Order, Confirmation of Order and any automatic recording systems used by the Client Relations Centre or the Website will be proof of a binding agreement between you and Chika Bella.

13. SHIPPING POLICY

Please note that Chika Bella does not ship to military or certain restricted areas, PO boxes, Parcel Lockers or hotels.

Please refer to the Website or email the Client Relations Centre for more information. Chika Bella will inform you by email or by telephone when the product is ready for delivery.

If you order several products, Chika Bella will ship the order only once all products are available (no partial shipments).

We will use commercially reasonable efforts to deliver the products, or to ensure the delivery by our third party shipping provider, on the estimated delivery date mentioned in your order.

Orders are usually dispatched the next working day, and delivery usually takes from 2-5 business days.

Once your package has been processed, we’ll send you a tracking code by email. Please note that Pending status indicates that your order is being prepared for dispatch. Scanning events will update as soon as your order is collected by the Courier.

When estimating package delivery time, please allow time for credit approval, address verification and order processing. Please note that it is always subject to receiving your full payment.

14. DELIVERY

Unless you choose otherwise, we will not require a handwritten or electronic signature by you, or an adult acting on your behalf, to confirm the delivery of each Chika Bella product, at which point responsibility for your purchased goods passes to you.

15. INVOICES

When ordering products on the Website or Client Relations Centre, you will receive, as the buyer, an invoice that will be sent to you in writing (to your email address as a .pdf attachment or otherwise). You may also at any time later request an invoice by emailing the Client Relations Centre. Chika Bella may request that you provide proper identification as a condition to comply with such request.

16. RETURN POLICY

In order to ensure your satisfaction, you may return Chika Bella products delivered in accordance with the return and exchange policy set out below. Returns of Chika Bella products that are not in compliance with the conditions and timeframes set forth below will be rejected by Chika Bella and will be sent back to you.

16.1. Return Period

Chika Bella allows you to return Chika Bella products purchased on the Website or though the Client Relations Centre within fourteen (14) days from the day you received your product, subject to the further terms and conditions set out below.

16.2. Return Process

Products that have been purchased on the Website or through the Client Relations Centre may only be returned to the Chika Bella distribution centre at the address of the Chika Bella Returns Department, as provided by the Chika Bella Client Relations Centre in accordance with these Conditions of Sale.

Products that have not been purchased on the Website or through the Client Relations Centre may NOT be returned to the Chika Bella distribution centre.

To return a product to the Chika Bella boutique distribution centre, you must follow the steps mentioned below:

i)      Please email the Client Relations Centre (sales@chickabella.com) with your request for return. At this stage, you will be required to provide photos of the product for us to make a first assessment of its condition;

ii)     The Client Relations Centre will request that you return the product in its original packaging, after an initial assessment based on the photos of the product;

iii)    Please fill out the required information on the Return Form and sign it;

iv)    You must include in the delivery package, the completed Return Form along with the product, all its accessories and all other documents, in their original box (if possible);

v)     Please seal the delivery package and send to the address provided; and

vi)    Please deposit the sealed delivery package at your closest Australia Post for shipping to us.

You must keep a proof of return shipment, and Chika Bella accepts no liability in the event that such proof cannot be produced. Only merchandise received by the Chika Bella distribution centre will be eligible for a refund or exchange.

16.3. Condition of Returned Products

Chika Bella will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.

Chika Bella products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), as well as with the original Chika Bella box and delivery package, including all accessories and documents. Chika Bella will not accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way. Perfume bottles, balms, cleanser, scrubs, creams, lotions, masks, Shea butter, oils, shampoo, conditioner, mask, serum, protein, smoothing treatment products and the like that have been used or opened cannot be returned and no refund is payable.

Personalised products cannot be returned to Chika Bella for refund or exchange.

If you have received free items as part of your order, they must be returned with the products.

All returns will be subject to strict Quality Control (QC) by Chika Bella to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Chika Bella will refuse the return, and the products will be sent back to you. If the returned product satisfies QC, Chika Bella will proceed with the applicable refund or exchange.

Failure to comply with the return process above or the return conditions will entitle Chika Bella to refuse the returned product and send it back to you, at your own cost.

16.4. Refunds

You may return a product purchased on the Website or through the Client Relations Centre for refund, provided that the return complies with these Conditions of Sale.

Should a product be returned to the Chika Bella distribution centre, only the buyer will be entitled to receive a refund of the purchase price. In no event will a person who has received the Chika Bella Product as a gift (i.e. “the gift recipient”) be entitled to receive a refund.

If the return complies with these Conditions of Sale, Chika Bella will use commercially reasonable efforts to refund the purchase price to the buyer using the same means of payment as used by the buyer for the initial transaction, within thirty (30) days after receipt of the returned item by the Chika Bella distribution centre. Except for delivery of an originally defective product (as defined below), initial shipping charges will not be refunded.

16.5.     Exchanges

You may return a product purchased on the Website or through the Client Relations Centre for exchange with another Chika Bella product, provided that the return complies with these Conditions of Sale.

In any event, the sale of the returned product will be cancelled and a new order for the product ordered must be placed.

Should a product be returned to the Chika Bella distribution centre for exchange with a less expensive product, only the original buyer of the returned product will be entitled to receive a refund of the price difference.

If a product is returned for exchange with a more expensive product, you will have to pay the price difference.

17. MANUFACTURER’S GUARANTEE

Chika Bella is extremely cautious in ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.

Unless stated otherwise, all products are covered by the Chika Bella Guarantee. If you wish to exchange a product, please refer email our Client Relations Centre (sales@chikabella.com) for more information.

If you receive a product that seems to have defects originally caused by Chika Bella (originally defective), please return it to Chika Bella in accordance with the return process above.

18. LEGAL GUARANTEE

The rights contained in these Conditions of Sale are in addition to other rights and remedies available to you under law, which may not be excluded. In addition to your rights under these Conditions of Sale, all Chika Bella products come with guarantees that cannot be excluded under the Australian Consumer Law. If your Chika Bella products are defective, you are entitled to a replacement or refund for a major failure or may be entitled to recover costs for an amount for the reduction in the product’s value and in some cases compensation for damages or loss. You are also entitled to have the goods repaired if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

19. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS

While Chika Bella endeavours to verify the accuracy of any information it places on the Website, in advertisements or catalogues or as provided by the Client Relations Centre, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. Chika Bella does not confirm the price of a Chika Bella product until an Order Confirmation has been issued by Chika Bella, indicating the existence of a binding sales contract. If a Chika Bella product’s correct price is higher than the price posted on our Website, then Chika Bella will either contact the Customer for instructions before shipping the order or, if Chika Bella cannot obtain your instructions, reject the order and notify you of such rejection. If the order is rejected and you have already paid for the product, you will receive a full refund.

We try to ensure that any information, including product descriptions, provided on the platforms, in advertisements and catalogues, or supplied by the Client Relations Centre, is accurate and complete. However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability or completeness of such information. In particular, any product description and related information concerning the product.

20. FINAL PROVISIONS

Information and complaints. In case of any inquiry or complaint please contact our Client Relations Centre on the email address indicated on the Website.

Entire Agreement. The Conditions of Sale, including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and Chika Bella regarding your purchase of Chika Bella products through the Client Relations Centre or the Website, and supersede any prior conditions of sale.

Severability. In the event that any provision of the Conditions of Sale shall be determined to be partially void or unenforceable by any court having jurisdiction and for any reason whatsoever, it shall be void or unenforceable to that extent only and no further and the validity and enforceability of any of the other provisions of the Conditions of Sale shall not be affected.

21. GOVERNING LAW

These Conditions of Sale shall be governed by and construed in accordance with the laws of Nevis.

22. JURISDICTION

The courts of Nevis shall have exclusive jurisdiction over any disputes arising out of or in connection with these Conditions of Sale.

Without any restriction to bring proceedings before a court, you and Chika Bella will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.