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
1.1 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
- 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
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
additional services and delivering the Products to
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.
4.1 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
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
(i) replace the Products; or
(ii) give you a full refund on your Nominated Payment
(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
(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;
(ii) the Products are faulty or damaged.
(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
(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 firstname.lastname@example.org
(citing an order number) or call us on +64
6 8355340 (New Zealand residents phone 06
9. Warranty & Guarantees
9.1 Subject to the specific terms of these Terms and Conditions
(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
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
(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
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 email@example.com
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.
14.1 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.