This page (together with the documents referred to on it) tells the customer (Buyer/You) the terms and conditions on which RAWKANVAS (Seller/We/Our/Us) will supply to You the products (Goods) listed on our website www.rawkanvas.co.nz (Our Site).
Please read these terms and conditions carefully before ordering any Goods from Our Site, You should understand that by ordering any of Our Goods from Our website, You agree to be bound by these terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time You access Our website You read these terms and conditions. Please understand that if You do not accept these terms and conditions, You should not order any Goods from Our Site.
By purchasing from RAWKANVAS, You (Buyer) are agreeing to all conditions set out below.
We process all orders in your chosen currency.
a) “Seller” means RAWKANVAS Pty Ltd (ACN: 643 121 046)
b) "Buyer" means any person, body corporate or entity which purchases or orders the Goods from the Seller.
c) "Conditions" means these terms and conditions for the supply of the Goods by the Seller to the Buyer, as amended or varied in writing by the Seller.
d) "Contract" means a contract between the Seller and the Buyer for the sale of the Goods.
e) "Goods" means all goods delivered by the Seller to the Buyer or to be delivered by the Seller to the Buyer.
f) "Service" means the services offered by the Seller to the Buyer, including the online skin quiz, any product descriptions offered on the Website or via other methods of platforms (e.g. via the online skin quiz, text message, telephone, email or social account)
h) "Returns" Policy means the returns policy for the Goods purchased from us, as amended from time to time, and available at www.rawkanvas.co.nz/returns-policy
i) "Accepted Order" means an Order accepted by the Seller and for which payment has been received by the Seller and an order confirmation notice is provided to the Buyer for such Order.
j) "Price" means all prices quoted by Seller.
k) "Order" means an order for the Goods placed by the Buyer.
l) "Business Day" means a day that is not a Saturday, Sunday or public holiday in Queensland, Australia or, for deliveries of Goods, at the place of delivery.
m) "Courier" means the shipping company used to deliver the Buyer's Accepted Order.
n) "CGA" means the Consumer Guarantees Act (CGA)
1. ACCEPTANCE OF ORDERS
1.1 You may place an Order for our Goods by completing and submitting to the Seller an online order and completing the checkout procedures on the Website. The Buyer must not order Goods from us if the Buyer is under eighteen (18) years of age.
1.2 All Orders are subject to the Seller's acceptance at the Seller's discretion. This Website and the information on it constitute an invitation to treat and not an offer by us to supply any Goods. Buyer Order represents an offer from you to purchase the Goods in accordance with these Terms and Conditions. The Seller's acceptance of a particular Order will not imply that we will accept any of your future Orders.
1.3 Orders placed on a weekend or public holiday will not be processed until the next Business Day. If the Sellers accepts the Buyer's Order, the Seller will acknowledge and accept the Buyer's Order by providing the Buyer with an order confirmation number via email once the Buyer's payment for the Goods in the Buyer's Order has been validated. If the Seller does not accept the Buyer's Order, the Seller will provide a full refund of the amount paid by the Buyer and received by us for that Order.
1.4 Once the Buyer's Order is accepted by the Seller, a binding contract will come into existence between the Buyer and Seller in relation to the ordered Goods. The Contract will comprise the Accepted Order and these Terms and Conditions. If there are any inconsistencies between these Terms and Conditions and another provision in the Contract, the provision in these Terms and Conditions will prevail to the extent of inconsistency. No other terms or conditions (including any terms or conditions printed on or referred to in the Buyer's Order) will be binding on the Seller unless the Seller agrees in writing.
1.5 The Buyer is not permitted to purchase any items for resale to a third party or for trade purposes. If the Buyer has a concern with the quantity of item/s the Buyer has ordered, then the Seller will contact the Buyer when the Buyer places the order or within a reasonable time after the Buyer submits the order.
2. GOODS AND SERVICE AVAILABILITY
The RAWKANVAS website is only intended for use by people residing in nominated countries around the world. We do not accept orders from individuals outside these area. Customers must provide a valid first and last name, email address, shipping address, and credit card for all orders accepted online.
3. CANCELLATION OF ORDER
3.1 The Buyer agrees that the Seller may not accept the Buyer's Order, or the Seller may cancel any Accepted Orders due to any of the following:
a) the Goods the Buyer ordered are not, or no longer available;
b) the Seller is not able to receive payment for the Goods, or any payment was subsequently revoked; or
c) where a Goods have been listed or advertised with an incorrect price or inaccurate information by mistake, in which case, the Buyer acknowledges and agrees that the Seller is under no obligation to sell you any Goods. If the Buyer has made a payment and submitted the Buyer's Order which is cancelled or rejected by the Seller, or if the Seller cancels the Accepted Order, the Seller will provide the Buyer with a full refund for the amount the Buyer has paid and received by the Seller for that Order or Accepted Order.
4. PRICE AND PAYMENT
4.1 Subject to clause 3, the price payable by the Buyer for the Goods in an Accepted Order will be the Price for the Goods at the time your Order is submitted. The Prices are subject to change at any time and to any addition which my be necessary to cover any tax or charge now existing or hereafter imposed by Federal or State upon equipment, materials or services sold by Seller for the production, sale, distribution or delivery thereof, or upon any feature of this transaction. Seller reserves the right to correct all typographical or clerical errors which may be present in Seller's prices or specifications. The Seller may update or vary the Price from time to time without notice to the Buyer. Any changes will be effective once they are published on the Website.
4.2 All Prices are inclusive of GST if any is payable. In the event that GST is not payable, such as when the Goods are to be delivered outside of Australia, the GST will be deducted from the Price. All Prices do not include insurance or any other tax, tariff or duty unless expressly stated otherwise. You are required to pay (where applicable) these charges in addition to, and at the same time as, payment of the Price for the Goods. If we are required to pay any additional tax, tariff, duty, fee or charge (in addition to GST), you must reimburse us with the amount paid.
4.3 The Seller accepts payment for any Accepted Orders by credit card, Afterpay, Laybuy or PayPal. The Seller will not be responsible for any loss or damage (whether direct or indirect) suffered by the Buyer if the Buyer's Afterpay, Laybuy, PayPal, or credit card is fraudulently used or used in an unauthorised manner by a third party.
4.4 Unless expressly stated to the contrary, all payments must be made in the currency specified in the Price on the Website for your transaction. Where conversion from foreign currency is required, such currency conversion will be performed by PayPal or the credit card company and may be subject to a fee charged by them.
4.5 The Seller will process PayPal, Laybuy, Afterpay or credit card payments as soon as the Buyer submits their Order.
4.6 If the Buyer's payment is declined or reversed for any reason, the Seller reserves the right to reject the Buyer's Order or cancel any Accepted Orders. The Seller reserves the right to keep or sell the Goods. The Buyer's tax invoice or invoice will be sent to the Buyer when the Order is accepted.
5. CHANGE OF DETAILS
5.1 You must promptly advise the Seller of any changes to your information provided to the Seller as part of the customer registration process.
5.2 Changes to address details and/or delivery instructions must be communicated to RAWKANVAS at email@example.com within 24 hours of the order being placed on the Sellers’ website.
5.3 We, the Seller, will not be liable for any deliveries made to an incorrect address nominated by You, the Buyer. If We, the Seller, incur an expense due to incorrect payment information, or incorrect shipping information provided by You, We reserve the right to seek reimbursement for such expense.
5.4 Changes to payment details must be communicated within 24 hours of the order being placed on the Sellers’ website. We, the Seller, will not be liable for any charges You incur as a result of out of date payment information. If RAWKANVAS incurs an expense due to incorrect payment information provided by You, We reserve the right to seek reimbursement for such expense.
6. DELIVERY, DUTIES & TAXES
6.1 There will be no delivery charges for standard shipping within New Zealand of each Accepted Order where such order has a total value of more than NZD$45.00 (inclusive of GST and any other taxes). Delivery charges will apply to each Accepted Order of a total value of NZD$45.00 (inclusive of GST and any other taxes) and under, or an Accepted Order with a total value of more than NZD$45.00 to $124.99 (inclusive of GST and any other taxes) where any delivery option other than standard shipping is requested (for example, express post). For all delivery options, (including standard shipping) whether provided to the Buyer with or without charges, the Buyer will continue to be liable for any insurance, tax, tariff or duty (where applicable).
6.2 The Seller will deliver the Goods once full payment of the Price and all applicable charges (including charges for delivery or insurance) have been received. Any timeframes quoted by the Seller for delivery of the Goods are estimates only and will not be of the essence of the Contract; or otherwise confer any right of cancellation of an Accepted Order by the Buyer. The Seller will not be liable for any loss or damages (directly or indirectly) sustained by the Buyer as a result of our failure to deliver by a particular delivery date.
6.3 The Seller delivers Goods within Australia, New Zealand and internationally. All Goods will be delivered by DHL eCommerce, DHL Express or Courier Post. If the Buyer provides specific delivery instructions (including to the postal service or courier), for example, for the Buyer's Goods to be to be left at the Buyer's nominated address without acknowledgment of receipt, the Seller will not be liable or responsible for any loss or damage to the Goods once the delivery is made in accordance with the Buyer's instructions. The Seller is also not liable or responsible for any loss or damage to the Buyer's Goods that occurs as a result of the handling of the Goods by the postal service or courier in the process of delivering the Goods to the Buyer.
6.4 If the Goods are to be delivered outside of New Zealand, the Buyer must comply with all laws and regulations of the country where the Goods of the Buyer's Accepted Order is shipped. The Buyer will be listed as the “importer” of the Goods. All taxes, duties and tariffs will be the Buyer's sole responsibility. The Seller has no control over such taxes, duties and tariffs and do not have any obligation to ensure any Accepted Order will clear customs. The Seller should contact relevant customs authority to determine if the Buyer's Goods under an Accepted Order will be charged any taxes, duties and tariffs or subject to any laws and regulations.
6.5 The Seller does not take any responsibility where the Goods of the Buyer's Accepted Order are opened for inspection by customs authorities. In order to facilitate customs clearance and comply with local laws, the Seller may disclose personal information, such as the Buyer's name and address and other information such as the Price and description of the Goods and shipment and carrier information.
6.6 The Buyer acknowledges that any delays caused by custom clearance are beyond the Seller's control. The Seller's original estimated delivery timeframes do not take into account custom clearance and delivery delays. The Seller is not liable for any loss or damage the Buyer may suffer due to custom clearance delays.
6.7 Unless otherwise agreed, the Goods are not insured by Buyer and the Buyer will bear any risk of loss or damage to the Buyers when delivered to the Buyer. If the Buyer does no authorise Authority to Leave, the Seller recommends that the Buyer specify this to the Seller via email or during during the order process to ensure the Seller is aware of the Buyer's request.
6.8 The Courier will deliver the Goods to the front door or mailbox at the relevant Delivery Address. If the Buyer ask the Seller to deliver inside a premise or building at the Delivery Address and We agree to do so, then you are responsible for any loss or damage suffered in connection with the delivery of your ordered Goods beyond the front door of your nominated Delivery Address. The Buyer must make all appropriate arrangements to assist and allow the Seller to deliver your order, including obtaining any prior security, or other, approvals which may apply to the Buyer's delivery location.
6.9 The Courier may require the person accepting the delivery of your order to provide them with proof of that person’s identity (including photographic identification) and, where relevant, age.
6.10 The Seller accepts no liability or responsibility for incorrectly placed orders. Nor does the Seller accept liability or responsibility for delivery details which are incorrectly supplied, or the Buyer fails to supply which may or may not result in loss of the Buyer's order of Goods.
6.11 If the Buyer will not be at home at the expected delivery time, the Seller recommends the Buyer nominate a cool safe place for delivery of the Buyer's order. If you do not provide a specific place for delivery, the courier will leave your order at your front door or mailbox. If you advise the Seller of any specific delivery instructions in your order, the Seller will endeavour to comply with these instructions to the extent reasonably within the Seller's control.
6.12 The Buyer will be responsible for the Buyer's order from the time the Seller deliver the Buyer's Goods to the Buyer's nominated address. The Seller accepts no liability or responsibility for any Goods once the Goods has been delivered to the Buyer.
7.1 Individual customer experiences with RAWKANVAS Goods may vary with respect to both effectiveness and potential adverse reactions. Results given in testimonials are from real customers who have used RAWKANVAS Goods, but similar results cannot be guaranteed. Individual results may vary depending on skin type, sensitivity, age, usage and how the product is applied. Before making any changes to your skincare routine, your health or otherwise, seek medical advice to discuss and evaluate any associated risks.
7.2 The Seller is not liable for any individual reaction to any particular ingredient. Please remember to read our labels and ingredient lists carefully and follow the appropriate directions for use. If you have a specific allergy or sensitivity, do not use ingredients that may trigger a reaction. An allergy patch test is recommended if there is any doubt or history of skin reactions. Discontinue use if a reaction occurs.
7.3 The Seller provides information that is general in nature and is based on a personal experience. Any information on our Website is not a substitute for medical advice.
7.4 The Seller may provide a Service by providing advice or give recommendations to you with respect to skincare products if you request our advice or recommendations on the Website or via other methods or platforms (e.g. text message, email or on social accounts). The Service or any other information on the Website is provided strictly for general information purposes and should not be construed as specific or medical advice to your particular need. The advice and recommendations given via the Service are suggestions only based on our experience and understanding of the Goods and, where applicable, on the information provided by the Buyer. The Seller's advice and recommendations, including with respect to Goods, do not come with any guarantee or warranty of success or suitability.
7.5 The Seller's Service is not intended to be professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional with any question or issue you may have regarding the condition of your skin, or other medical condition. Do not disregard professional medical advice or delay in seeking it because of something you have read on this Website, or pursuant to using our Service.
We encourage you to seek medical advice if you are unsure about any recommendations, our Goods or our Services.
8.1 Nothing in these Terms and Conditions excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the CGA, we give the guarantees to the extent required by the CGA (Consumer Guarantees) with respect to our Goods and Services.
8.2 If you are a “consumer” under the CGA, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under New Zealand Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
In addition, clause 12 (Refunds and Returns) and clause 8.4 Warranties) (if any) with respect to certain Goods apply in addition to (but may overlap with) any rights and remedies you may have under the Consumer Guarantees as a consumer.
8.3 If you are not a “consumer” under the CGA, to the extent permitted by law, the rights under clause 13 (Refunds and Returns) and clause 8.4 (Warranties) (if any) are your sole remedies with respect to such subject matter.8.4 Subject to this clause 8, we may offer a warranty on certain Goods in addition to the Consumer Guarantees. Where available, the warranty will be granted on the terms and conditions of the relevant warranty card attached to the Goods. You acknowledge and agree that not all Goods carry a product warranty.
8.5 Subject to this clause 8 and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms and Conditions in connection with any goods or services supplied by the Seller or otherwise relating to the performance of our obligations under these Terms and Conditions are excluded.
If legislation implies any condition or warranty, and that legislation prohibits Us from excluding or modifying the application of, or the Sellers liability under, any such condition or warranty, that condition or warranty will be deemed included but Our liability will be limited for a breach of that condition or warranty, to the extent permitted by that legislation, and at the Sellers option, to the supplying of the Goods again refunding the purchase price of the Goods.
8.6 The consumer guarantees that apply to goods you purchase:
- Goods will be of acceptable quality;
- Goods will be fit for a particular purpose;
- Goods will match their description;
- Any express warranties will be honoured;
- You will have title to the goods.
- The Buyer will have undisturbed possession of the Goods.
- The Buyer acknowledges that the Goods displayed on the Seller's website are indicative only and that the Goods You receive may vary from those displayed based on colour, scent and texture. In particular, Images have been provided for illustrative purposes only and We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full colour, scent or texture relating to the Goods.
9.1 The Seller may offer discount promotions and other types of voucher (Voucher) which require to be activated by email application in order for the holder to utilise the Voucher for an order of Goods. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between the Seller and the holder of the Voucher (Holder) when the Holder redeems the Voucher by placing an Order.
9.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without the Seller's prior written approval. A Voucher is only valid on the Buyer's first order of Goods.
9.3 The Seller reserves the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
9.4 Vouchers may only be redeemed through the website www.rawkanvas.co.nz and not through any other website or method of communication. To use the Voucher the Holder will be required to enter the Voucher unique code at the online checkout and use of such code will be deemed to confirm the Holder and Buyer's agreement to these terms and conditions and any special conditions attached to the Voucher.
9.5 Any discounts attached to Vouchers apply to the price of the Goods ordered only and not to delivery charges (where applicable), which will be chargeable at normal rates.
9.6 A Voucher is not valid if used inappropriately, such as being published on deal sites or bargain sites. The Seller reserves the right to cancel any codes and delete credits from the sharer’s account.
10. RISK AND TITLE
10.1 The Goods will be at the Buyer's risk from the time of delivery.
10.2 Ownership of the Goods will only pass to the Buyer from the time the Seller delivers the Buyer's Goods to the Buyer's nominated address. The Seller accepts no liability or responsibility for any Goods once the Goods have been delivered to the Buyer.
11. DISCLAIMER AND LIMITATION OF LIABILITY
11.1 Where by law the Seller is unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach (including for any Consumer Guarantees), at the Seller's option, to the repair or replacement of Goods, or payment of the cost of repairing or replacing the Goods, or a refund of the Price paid for the Goods.
11.2 The Seller will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Goods or these Terms and Conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.3 To the extent permitted by law, the Seller's total liability arising out of or in connection with the Goods or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Price paid by the Buyer for the purchase of Goods under these Terms and Conditions.
11.4 While the Seller has taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Seller's Website, that information is provided in good faith and on an “as is” and “as available” basis and the Seller does not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
11.5 Individual customer experiences with the Sellers Goods may vary with respect to both effectiveness and potential adverse reactions. Results given in testimonials are from real customers who have used the Sellers Goods, but similar results cannot be guaranteed. Individual results may vary depending on skin type, sensitivity, age, usage and how the product is applied. Before making any changes to your skincare routine, your health or otherwise, seek medical advice to discuss and evaluate any associated risks.
11.6 The Seller is not liable for any individual reaction to any particular ingredient. Please remember to read our labels and ingredient lists carefully and follow the appropriate directions for use. If you have a specific allergy or sensitivity, do not use ingredients that may trigger a reaction. An allergy patch test is recommended if there is any doubt or history of skin reactions. Discontinue use if a reaction occurs.
11.7 In no case shall RAWKANVAS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
12. REFUNDS AND RETURNS
12.1 The Seller offers store credits or a refund for certain Goods in accordance with our Returns Policy, available at www.rawkanvas.co.nz/returns. The Sellers Returns Policy sets out our policies and procedures in relation to “change of mind” purchases of certain of our Goods ordered by the Buyer.
12.2 The Buyer must follow the instructions set out in our Returns Policy to return the Goods for a refund in the form of a store credit or a refund. All Goods must be returned to the Seller in the same condition as when they were delivered, that is unopened and unused. Subject to clauses 8 and 10, the Seller will not accept “change of mind” returns of:
a) any Goods that has been opened or used; and
b) any Goods that have been altered or customised (including with respect to their packaging and/or labels displayed on such Goods);
12.3 If you are entitled to a store credit or a refund under our Returns Policy, the Seller will only provide this to the Buyer once the Seller has received the Goods and inspected it and assessed whether it is eligible for a refund under these Terms and Conditions. Any store credit the Seller makes will be valid for a year and may only be used for purchases via the Website.
13. YOUR ACCOUNT AND PRIVACY
13.1 The Buyer may create a customer account with the Seller by completing and submitting to the Seller a completed online form on the Website.
13.2 By registering a customer account with the Seller, or otherwise submitting an Order for the Sellers Goods, the Seller may require the Buyer to provide the Buyers personal information, including details such as name, email address, phone number, billing and delivery address. The Buyer warrants that all information submitted to us is true, accurate and up-to-date.
13.4 If the Buyer registers a customer account with the Seller, the Seller will require you to create a password for the Buyers customer account. The Buyer are must ensure that the username and password are kept secure and confidential. The Buyer must not allow your username or password to be used by any third party, or otherwise permit any third party to access the Buyers account at any time. The Buyer will be solely responsible for any misuse or abuse of the Buyers username, password or person details for anything that results from the use of Buyers customer account (including any Orders placed under the account). The Buyer agrees to indemnify the Seller against any loss or claims arising from the unauthorised use of the Buyers username and password.
13.5 The Buyer will immediately notify us through via email of any suspected or actual unauthorised use of the Buyers account, disclosure of the Buyers username and password or any other security breaches.
13.6 The Buyers account registrations are subject to the Sellers acceptance. We reserve the right to deny, restrict, suspend or close any customer accounts at our discretion.
14. SELLERS WEBSITE AND BUYERS USE
14.1 The Seller does not represent or warrant that the Seller's website will be available at all times, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted, or that no damage will occur to your computer system.
14.2 You must take your own precautions to ensure that the process which Buyer's employ for accessing the Seller's website does not expose the Buyer to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
14.3 The Seller has used commercially reasonable efforts to provide you with access to this Website via the internet. You acknowledge and agree that access to and use of this Website may be temporarily suspended for scheduled or urgent server maintenance work or for other reasons beyond our reasonable control.
14.3 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information which You transmit to Us. Accordingly, any information which You transmit to Us is transmitted at your own risk. Nevertheless, once We receive your transmission, We will take reasonable steps to preserve the security of such information.
b) The Seller does not accept responsibility for any loss or damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use our website or any linked website, nor does the Seller accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our website.
14.4 The Seller has made reasonable endeavours to ensure that the information and content provided on this Website are accurate and current at the date of publication, and that the photographs of the Goods listed on this Website are represented accurately (including the size, colour, texture and overall appearance of the Goods and the colour and shades offered by the Goods).
However, the Buyer acknowledges that:
a) the Goods displayed on the Seller's website are indicative only and that the Goods You receive may vary from those displayed based on colour, scent and texture. In particular, Images have been provided for illustrative purposes only and We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full colour, scent or texture relating to the Goods.
b) the effect and texture of the Goods may appear different in real life in comparison to the images displayed on the Website due to the effect of the Goods on different skin tones and the texture of different types of skin on which the Goods are applied;
c) the size of the Goods may appear different in real life in comparison to the images displayed on the Website, for example, the Goods may appear smaller or bigger than their actual size;
d) the fill level of the Goods may appear higher or lower than the fill level of the Goods displayed on the Website (where applicable);
e) information to certain Goods may have been inaccurately described by our suppliers which we have relied upon and undertaken reasonable inspections, which would normally be expected in the course of business to verify the information; and
f) subject to clause 8 and to the extent permitted by law, we provide no (whether implied, expressed or otherwise) warranties, representations, or guarantees of any kind in relation to information, content and photographs on this Website.
14.5 Subject to clause 8 and to the extent permitted by law and, except as provided by these Terms and Conditions, the Seller will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you in connection with:
a) Buyers reliance on any information, contents or photographs on this Website, including any errors, omissions, inaccuracies in the information, content and photographs of this Website; and
b) Buyers use of or inability to use the Website or any defects in the Website.
14.6 To the extent permitted by law, where you believe a Good you have purchased from this Website does not meet your expectations or the description of the Website, your sole remedy is to exercise your rights under clauses 8, 11 or 12.
a) copy, collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer any content, information and photographs found on this Website, except expressly authorised by us;
b) utilise any content you view on or obtain from this Website to provide any commercial service including any service that is competitive with us;
c) remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of this Website;
d) remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within this Website;
e) create a deep-link to this Website for any purpose unless expressly authorised in writing by us;
f) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in this Website, and must not use such processes to download or access our contact information or any other user of this Website;
g) engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of this Website, unless expressly authorised in writing by us;
h) attempt to or actually access this Website by any means other than through the interfaces provided by this Website;
i) remove, cover or otherwise obscure any form of advertisement included on this Website; or
j) interfere with or disrupt the availability of this Website, including but not limited to any servers or networks connected with this Website.
15. INTELLECTUAL PROPERTY
15.1 All intellectual property rights in and to this Website and all information, contents and photographs published on this Website, whether in relation to our Goods or otherwise, belongs or is otherwise licensed to the Seller. You acquire no right, title or interest in or to our intellectual property by virtue of these Terms and Conditions. Nothing on the Website should be construed as granting any licence to use any intellectual property right, including any trade mark, without the Sellers permission.
15.2 In particular, you must not use any trademarks appearing on or in relation to the Goods, our photographs of the Goods, or any information or contents published on this Website in relation to the Goods
a) to promote or market the Goods in any way;
b) in connection with Goods or Services that do not belong to us;
c) in a manner that may be confusing, misleading or deceptive; or
d) in a manner that disparages the Seller, our Goods, Services or the Website.
15.3 You may print off one copy, and may download extracts, of any pages from Our site for your personal reference. You must not use any part of the Sellers copyright materials for commercial purposes without first obtaining a licence to do so from Us and Our licensors.
15.4 If the Buyer posts comments on the Goods or Services to any website, blog or social media network (Commentary) You must ensure that such Commentary represents your fairly-held opinions. By commenting on the Sellers website, blog or social media, You irrevocably authorise Us to quote from your Commentary on the Sellers site and in any advertising or social media outlets which the Seller may create or contribute to.
16. LINKED WEBSITES
16.3 To the extent permitted by law, We accept no responsibility or liability for, and give no warranty (express or implied) of any kind in respect of, linked websites and your use of them or any products or services available on or through linked websites.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between You and Us is binding on You and Us and on Our respective successors and assignees.
17.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the Sellers prior written consent.
17.3 The Seller may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of the Sellers rights or obligations arising under it, at any time during the term of the Contract.
18. EVENTS OUTSIDE OF OUR CONTROL
18.1 The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside the Sellers reasonable control (Force Majeure Event).
18.2 The Sellers performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
18.3 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Sellers reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks;
- Epidemic, pandemic or other health emergency (whether declared or not);and
- The acts, decrees, legislation, regulations or restrictions of any government.
19.1 If the Seller fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which
19.2 The Seller is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.
19.3 A waiver by the Seller of any default will not constitute a waiver of any subsequent default.
19.4 No waiver by the Seller of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. ENTIRE AGREEMENT
21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the subject matter of any Contract.
21.2 We each acknowledge that, in entering into a Contract, neither of us, being the Buyer and the Seller, relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us, being You the Buyer and Us the Seller agrees that Our, the Seller’s, only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
22. SELLERS RIGHT TO VARY THESE TERMS AND CONDITIONS
22.1 Seller have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities.
22.2 Buyer will be subject to the policies and terms and conditions in force at the time the Buyer order Goods from the Seller, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Buyer), or if Seller notify Buyer of the change to those policies or these terms and conditions before Seller send Buyer the Dispatch Confirmation (in which case Seller have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Buyer).
24. GOVERNING LAW AND JURISDICTION
The laws of New Zealand apply to these terms and conditions. All disputes will be heard and settled in accordance with the Courts of New Zealand and any courts of appeal therefrom.
25.1 Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
25.2 If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions Sale take effect (where possible) as if they did not include that provision.
25.3 Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
If a dispute arises under these Terms and Conditions, neither of you and us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days.