Terms of Service
We provide our services to you subject to the following notices, terms and conditions. In addition, when you use any Beauty Secrets Ltd service, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such service
Terms and Conditions of Sale
1. Definitions
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- Products means any products forming the subject matter of this Contract.
- Contract means a contract for the sale by us to you of the Products.
- Price means the price for the Products, and includes GST and shipping costs (except where noted).
- Site means the Beauty Secrets Ltd website. "Nominated Payment Authority" means Visa, Mastercard or personal cheque issued against a New Zealand registered bank.
2. Introduction to the Site
2.1 This Site is owned and operated by Beauty Secrets Ltd. By using this Site, you agree to these Terms and Conditions. If you disagree with any of these terms and conditions, you should not access or use this Site.
2.2 We shall sell and you shall purchase the Products from this Site in accordance with these Terms and Conditions only. You acknowledge that you are aware of the contents of these Terms and Conditions.
3. Orders, Price and Payment
3.1 You must order the Products in accordance with the instructions on this Site. 3.2 You will pay for the Products by authorising us to charge any one of your Nominated Payment Authorities.
3.3 All payments for the Products are payable in New Zealand dollars.
3.4 The price for the Products shall be the price quoted on our Site at the time of making your order, and the costs associated with additional services and delivering the Products to you.
3.5 Except where specifically stated, our prices do include all import fees, duties, tariffs or other charges associated with importing the Products.
3.6 Except where specifically stated, our prices do not include export fees, duties, tariffs or other charges associated with exporting the Products.
3.7 If you elect to pay by cheque, your order will not be processed and the Products will not be dispatched until such time as your cheque has cleared.
4. Payment
4.1 You must pay us for the purchase of the Products in full by authorising us to charge your Nominated Payment Authority to the date on which we dispatch the Products to you from our warehouse. Some Nominated Payment Authorities may require us to debit your Payment Authority before the goods are ordered � this will be explicitly stated before you place the order.
5. The Products
5.1 We may revise and / or discontinue Products at any time without notice.
6. Title and Risk
6.1 Orders are not binding upon Beauty Secrets Ltd until accepted by Beauty Secrets Ltd. Should Beauty Secrets Ltd not accept the order then all monies will be refunded to you.
6.2 We remain the owners of the Products we supply to you until you have paid in full all amounts that you owe to us for all the Products.
6.3 Products are at your risk as soon as they have been delivered to you.
7. Freight & Delivery
7.1 We will freight the Products to you by whatever method and route we consider to be the most expedient.
7.2 If we have specified a delivery date, we will try and deliver the Products to you by that date. However,
(a) We will be entitled to deliver the Products to you after the stated delivery date or cancel the contract without being liable to you in any way if the delay in delivery is in respect of causes outside our control or we are unable to deliver the Products to you;
(b) We may deliver the Products to you by instalments in any quantities and each delivery will be a separate contract independent from the other deliveries.
8. Return of Products
8.1 You may return Products to us where the Products are faulty or damaged. In this situation we will at your option either:
(i) replace the Products; or
(ii) give you a full refund on your Nominated Payment Authority; or
(iii) credit your Nominated Payment Authority with a Beauty Secrets Ltd gift certificate.
8.2 All Products returned in accordance with clause
8.1 must be returned in their original condition and packaging, along with any accompanying accessories together with the invoice and packing slip accompanying the Products.
8.3 If you wish to return a Product to us, please follow the following procedure: Wrap the Product securely and send it to us in a parcel post pack or, if the Product is too large, then a sturdy carton, together with the invoice which accompanied the Product to:
Beauty Secrets Ltd
72-82 Bridge Street,
Ahuriri, Napier NEW ZEALAND
8.4 You must also provide us with the following information:
(a) The reason for the return of the Product which must be one of the following: (i) the Product received is not that which you ordered;
(b) In the case of faulty or damaged Products only, the method of type of refund you require, which must be either one of the following:
(i) Full refund, inwhich case you must provide us with your credit card details;
(ii) Replacement Products; or
(iii) We will provide you with a Beauty Secrets Ltd gift voucher, equal to the value of the Products returned. 8.5 If you have any problems regarding your order � you may contact us at info@beautysecrets.co.nz (citing an order number) or call us on +64 6 8355340 (New Zealand residents phone 06 8355340.
9. Warranty & Guarantees
9.1 Subject to the specific terms of these Terms and Conditions we guarantee:
(a) The safety of your Credit Card;
(b) That every transaction you make with Beauty Secrets Ltd will be 100% safe;
(c) Your privacy in respect of any transactions that you enter into with Beauty Secrets Ltd.
9.2 Everything that we sell to you is guaranteed on the following terms:
(a) Where the Consumer Guarantees Act 1993 applies to this contract:
(i) If the Products are acquired by you for business purposes, you agree that the Consumer Guarantees act 1993 does not apply; and
(ii) If the Products are not acquired by you for business purposes, we reserve the right to repair or replace any Products which fail to comply with any guarantee contained in the Consumer Guarantees Act 1993.
(b) Where you supply the Products in trade to a person acquiring them for business purposes, it must be a term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the Products.
(c) You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
9.3 Nothing in these Terms and Conditions are intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these Terms and Conditions are to be modified to the extent necessary to give effect to that intention.
9.4 We shall not be liable to you for any damage to the Products due to external causes, including accident, abuse, misuse, problems with electrical power, usage not in accordance with Product instructions, failure to perform required preventive maintenance, and problems caused by use of supplied parts and components not supplied by us.
9.5 Notwithstanding anything else contained in these Terms and Conditions, we shall not be liable to the you for loss of profits or contracts or any indirect or consequential loss arising from negligence, breach of contract or howsoever.
9.6 The material and information provided in this Site is supplied upon the condition that you will make your own determination as to its suitability for your purposes prior to use. We will not be liable for any damages, losses or liabilities, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. We will not be liable for any damages, loss or injury, including, but not limited to special or consequential damages that result from the use of or the inability to use, the materials in this Site.
9.7 Nothing in this Site is to be construed as a recommendation to use any Product.
10. Restrictions on Use
10.1 Material from this Site and other Sites owned, operated, licensed or controlled by us or any of our related, affiliated, or subsidiary companies may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way, without our prior written consent.
10.2 Modification, distribution, or use of the material contained in our Site for any purposes other than for your personal use directly violates our intellectual property rights. The material contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions, and is provided for lawful purposes only.
11. Copyright
11.1 Unless otherwise specified all materials appearing on this site, including the text, site design, logos, graphics, icons and images, as well as a selection, assembly and arrangement (collectively defined as the "Marks") thereof, are proprietary to Beauty Secrets Ltd, copyright � 2005 ALL RIGHTS RESERVED or other respective owners that have granted Beauty Secrets Ltd the right and license to use such Marks. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Beauty Secrets Ltd or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Beauty Secrets Ltd is strictly prohibited. You may use the content of this Site only for the purposes of shopping on this Site, or placing an order and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
11.2 Beauty Secrets Ltd respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Beauty Secrets Ltd at info@beautysecrets.co.nz
12. Disclaimer
12.1 Although the information provided in this Site is presented in good faith and believed to be correct as of the date it was submitted, we make no warranties or representations about the accuracy or completeness of this Site, its content or the content of any Web Site "hot linked" to or from this Site. We reserve the right, but make no binding commitment, to update or correct the terms and conditions and information contained in this Site at any time, without notice.
13. Applicable Laws
13.1 Except as otherwise described, all materials in this Site are made available only to provide information about this Site, and Products and services to be supplied on the Site. This Site is controlled and operated by us, from its offices within New Zealand. We make no representation that the materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.
13.2 If you choose to access this Site from other locations you do so at your own initiative and are responsible for compliance with applicable local laws.
13.3 You may not use or export the materials in this Site in violation of New Zealand laws and regulations.
13.4 You acknowledge that Products licensed or sold hereunder are subject to the export control laws and regulations of New Zealand.
14. General
14.1 Nothing in these Terms and Conditions shall affect the statutory rights of you dealing with us as a consumer under the Consumer Guarantees Act.
14.2 If any provision of these Terms and Conditions are held by any competent authority to be invalid or unenforceable in whole or in party, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
14.3 The headings to the clauses of these Terms and Conditions are for ease of reference only and shall not affect the interpretation or construction ofthese Terms and Conditions.
14.4 This Agreement shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand Courts.