Product Search
All Brands  Help  FAQ Search Join Us   Login  

Terms and Conditions of Use

General Terms and Conditions

1.1. This website is owned and operated by Blue Mamba Internet Marketing Pty Ltd (Blue Mamba) - an Australian registered company with offices at Suite 41b/ 200 Jells Rd Wheelers Hill VIC 3150 Australia.

1.2. The terms and conditions listed below apply to your usage of the website at cosmeticsclub.com (the website) including all sub domain names and ccTLD domain names listed in but not limited to schedule one as well as your membership of the Cosmetics Club cashback program. Please read these terms and conditions thoroughly before accessing or using the information and services available on the website. By accessing or using the website and/or participating as a member in the cashback program you agree to be bound by the terms and conditions detailed in this agreement.

1.3. You agree these terms and conditions may be modified from time to time and published on the website at www.cosmeticsclub.com and that your continued usage of the website and its services constitutes your agreement and consent to the terms and conditions and to any and all modifications made to them.

1.4. The website is only intended for individuals over 18 years of age with whom it is possible to enter into binding contracts. Corporate entities are not permitted to open member accounts. Please do not use the website if you are not eligible to do so according to those criteria.

1.5. Blue Mamba reserves the right to deny you access to, or usage of, all or part of the website without prior notice for any reason at its sole discretion.

1.6. Blue Mamba does not sell or resell any of the products listed on the website, nor does it act as an agent or a distributor of any products. Neither Blue Mamba nor its officers, directors or employees recommend or endorse any of the products or claims of any third parties listed on the website or linked to from the website. You agree that you enter third party websites at your own risk and that Blue Mamba is not responsible for the content of those websites.

1.7. You agree that you will not modify, copy, reproduce, republish or upload to a third party the contents of the website.

1.8. If you believe that any item on the website breaches your intellectual property rights please send a notification by email via the contact form on the website. Our acknowledgement of your notification does not constitute an admission by Blue Mamba that your rights have been infringed or that Blue Mamba is liable for any infringement. We will investigate your notification but do not guarantee that will take any action in relation to it.

1.9. The product information and prices listed on the website are supplied by third parties (the merchants), are subject to change, and are provided strictly without warranty. The products listed on the website may be out of stock on merchant's websites and/or the prices listed may be different to that listed on the merchant's websites. We make no representation as to the accuracy, currency or completeness of the product and/or pricing information detailed on the website and we cannot guarantee that the listing of prices will be error free. Furthermore the listing of product and price information by Blue Mamba does NOT under any circumstances constitute an offer of sale of the products detailed by Blue Mamba on the website or its affiliated merchants.

1.10. User reviews and/or ratings of products (or merchants) are routinely made by Cosmetics Club members and other third party site visitors and do not reflect the views or opinions of Blue Mamba.

1.11. You agree to indemnify and hold harmless Blue Mamba and its officers, directors, shareholders and employees from any and all claims, liabilities, demands, suits, actions or proceedings of any kind or nature, losses or damages including legal fees and costs of defence, which the indemnified parties may incur arising out of the use of the website. The website is provided by Blue Mamba on an "as is" basis without any express or implied warranty of any kind.

1.12. Blue Mamba does not warrant that access to or use of the website will be uninterrupted or error free or that the website or any material on or accessible via the website is free from errors, worms, malware or other harmful devices.

1.13. You are responsible for assessing the accuracy, reliability, suitability and currency of the material on or accessible through the website and you accept all risks and responsibility for all loss, damage, costs and other consequences resulting from usage of the website or the material on or accessible through the website.

1.14. You agree that in no event shall Blue Mamba be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, arising out of or in connection with the use of this website or any products which are referenced by or linked to from this site.

1.15. When you sign up as a member of The Cosmetics Club, you agree to allow us to send you electronic commercial advertising (email newsletters) from time to time as well as notifications relevant to the status of your account. You may, however, choose not to receive email newsletters whilst still maintaining your membership. However, if you elect not to receive any email notifications relevant to your account you must cancel your membership.

1.16. You may cancel your membership at any time by submitting a request via the contact form on the website.

1.17. Blue Mamba reserves the right to terminate all Cosmetics Club services at any time including cashback and price comparison, for whatever reason with 30 days notice. The notice will be deemed to be satisfied by posting an announcement on the website.

1.18. These Terms and conditions are governed by the law of the State of Victoria, Australia and each party submits to the jurisdiction of the courts of that State.

Cashback Terms and Conditions.

2.1. Cashback is only available to members who are legally domiciled in Australia, Denmark, Finland, Germany, Greece, Hong Kong, Ireland, Netherlands, New Zealand, Norway, Singapore, Sweden, Switzerland, United Arab Emirates, United Kingdom or the United States. By entering into this agreement you warrant that you are legally domiciled in one of these countries.

2.2. The website provides a number of services to allow you to compare prices, shop for, and receive cashback on products from some of the merchants with whom Blue Mamba is affiliated. If cashback is available for purchases from a particular merchant the details will be published on the website. Cashback is not available from all merchants on the website. Cashback Offers are published on the website on the cashback rates page. The rates published are subject to change at any time without notice. Cashback is not available to non-members. In order to qualify for cashback you must have a valid membership which must be in good standing.

2.3. The website uses hypertext links containing affiliate tracking codes to track sales on merchant's websites. In order to earn cashback on eligible purchases from merchants with whom Blue Mamba is affiliated, you must be logged in to your member account and click on the link on the Cosmetics Club website to the merchant. Upon clicking the link cookies will be set in your browser. In order for the cookies to function correctly you must have cookies enabled in your browser. The duration of the cookie period prior to its expiry will usually vary between 24 hours and 90 days. To be eligible for cashback you must not delete the cookies that are set prior to your purchase as they are used for transaction tracking purposes. You must in all cases complete your purchase prior to the expiration of the cookies. The cookie length for each merchant for whom cashback is available will be published on the website. The cookie length is subject to change without notice as it is set by the merchants, not by Blue Mamba. We will endeavour to publish on the website any changes to the cookie durations offered by merchants but we do not promise to do so. Purchases that are made offline or on a different computer or web browser will not track correctly and will not earn cashback.

2.4. WE DO NOT GUARANTEE THAT PURCHASES MADE BY YOU ON A MERCHANT'S WEBSITE FOR WHICH CASHBACK IS OFFERED BY BLUE MAMBA WILL BE TRACKED CORRECTLY BY OUR SYSTEMS; NOR DO WE GUARANTEE PAYMENT OF CASHBACK FOR ANY TRANSACTIONS YOU MAKE ON AN AFFILIATED MERCHANT'S WEBSITE.

CASHBACK WILL ONLY BE CREDITED TO YOUR MEMBER ACCOUNT UNDER THE FOLLOWING CIRCUMSTANCES. (1). WHEN A COMMISSION HAS BEEN PAID TO BLUE MAMBA BY THE MERCHANT FOR THE SALE AFTER YOUR PURCHASE WAS MADE - AND - (2). WE HAVE RECEIVED THE COMMISSION FUNDS FROM THE AFFILIATE NETWORK WHICH ACTS AS AN INTERMEDIARY FOR TRACKING AND PAYMENT PURPOSES BETWEEN BLUE MAMBA AND THE MERCHANT. IF THE MERCHANT AND/OR AFFILIATE NETWORK DOES NOT PAY US COMMISSION FOR ANY PURCHASE(S) YOU MAKE YOU ARE NOT ELIGIBLE FOR ANY CASHBACK FROM BLUE MAMBA.

2.5. You agree that you will not request cashback directly from the merchant from whom you make a purchase after clicking a link from the website as the cashback offered by Blue Mamba on purchases is paid by Blue Mamba to our members (at our sole discretion) and not by the merchant. If a transaction is declined or cancelled by a merchant Blue Mamba will not pay any cashback for that transaction. If a transaction (purchase) you undertake at an affiliate merchant fails to track for any reason (or the merchant declines to pay Blue Mamba commission for it for any reason) Blue Mamba will not pay any cashback to you under such circumstances. If the transaction value of your purchase is changed by the merchant at any time prior to payment to you your cashback credit will be modified proportionately. If the transaction value of your purchase has been cancelled after payment has been made to you your account balance will be debited by the amount of the transaction that was cancelled. You agree that it is only possible for a transaction to be considered eligible for cashback where you have clicked the link from the Cosmetics club website to the merchant, the relevant cookie has been set (and is still active) and the transaction tracks correctly with our intermediary affiliate network providers AND WE HAVE RECEIVED THE COMMISSION FUNDS FROM THEM. Offline transactions, transactions made from other computers where cookies have not been set or over-the-telephone transactions are all ineligble for cashback.

2.6. The cashback payable for purchases you make will usually appear in your member control panel within seven days after we are notified of the transaction by the intermediary affiliate network. The transaction will remain in a "pending approval" state for 60 days. After 60 days, if your transaction has not been reversed by the merchant the transaction will be changed to an "approved" status and will comprise part of your approved balance total.

2.7. Once your approved balance total has reached the payment threshold amount which is the sum of GBP £10 or AUD $25 or EUR €15 (or the Euro equivalent of EUR €25 in other European currencies) you will be eligible for payment from Blue Mamba. Payments are made approximately 14 days after your approved balance has reached the payment threshold amount. If an approved transaction is cancelled or modified by a merchant at any stage prior to payment - even after the transaction is flagged as approved in your control panel balance - you agree that Blue Mamba reserves the right to cancel or modify the transaction at its sole discretion.

2.8. We use Paypal to make payments however we may, at our sole discretion, change our payment method at any time for you specifically and/or all members. It is your responsibility to keep your payment details current and up to date.

2.9. Prior to making payment to you we may at any time, at our sole discretion, request that you fax or post to us a photocopy of your current government-issued photo ID such as your driver's licence and/or passport to prove your identity. If you choose not to provide proof of your identity upon request or if you fail to provide proof of identity deemed to be adequate at our sole discretion you agree that you forfeit your eligibility to receive any cashback payments and your membership will be terminated without notice.

2.10. You are only permitted to have one member account open at any time. Cashback will be paid for a maximum of twenty (20) transactions per month to your member account. If the number of new transactions in your account exceeds 20 in a calendar month, any transactions occuring after the twentieth one will not be eligible for cashback and will be deemed null and void. Under such circumstances you will not be eligible for cashback on any further purchases until the commencement of the following calender month.

2.11. Items purchased through our listed merchants for which cashback is eligible must be purchased for personal (non-commercial) use only or as gifts. Items must not be purchased by you for the purposes of reselling or "drop shipping" to third parties or as part of the operation of any form of commercial enterprise by you. Violation of this clause is grounds for the immediate termination of your membership without notice and the forfeiting of all accrued cashback in your member account.

2.12. We reserve the right to terminate your member account at any time for any reason at our sole discretion in which case all earnings will be forfeited.

2.13. If you do not earn any cashback transactions for a period of 6 months (or longer) you agree that Blue Mamba has the right to cancel your member account, at its sole discretion, and all accrued cashback earnings will be deemed null and void.

2.14.If you receive a signing (joining) bonus and do not accrue any eligible cashback transactions within a period of 60 days after the commencement of your membership you agree that your signing bonus will be forfeited and your account may be terminated at our sole discretion.

Schedule 1. Cosmetics Club Domain Names and sub domain names include but are not limited to:

  • cosmeticsclub.com
  • cosmeticsclub.net
  • cosmeticsclub.com.au
  • cosmeticsclub.co.uk
  • cosmeticsclub.com.au
  • fr.cosmeticsclub.com
  • es.cosmeticsclub.com
  • uk.cosmeticsclub.com
  • au.cosmeticsclub.com
  • se.cosmeticsclub.com
  • de.cosmeticsclub.com
  • de.cosmeticsclub.com

For questions or comments please contact us by writing to admin [@] cosmeticsclub.com.


 © 2005-2009. The Cosmetics Club