The Beauty Store Limited - Terms and Conditions of Website Use

By accessing or using this site, you agree to these terms and conditions of use (“Terms”).

These Terms (and the sale of goods to you by us) are governed by and to be interpreted in accordance with New Zealand law.

1. Disclaimer

   1. The information we provide on the website is provided to you in good faith and on an "as is" basis. Such information is an introduction to the products we provide only and we do not represent or warrant that the information accessible via this site is accurate, complete or current. If you purchase products from us then at the time you place an order with us, you will be making an offer to purchase those products. We can accept or decline that offer at our discretion.
   2. While we will do our best to make sure that the website is available, we cannot guarantee that it will always be uninterrupted or that your access will be error-free, or that any files available for download will be error-free or free from viruses, faults or defects.
   3. To the maximum extent permitted by the law, we disclaim any and all liability and responsibility of Beauty Store to you or any other person under or in connection with these terms and conditions, or in connection with this Website, or your use of or inability to use, the services or this Website, regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Beauty Store’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
   4. Links or references to other websites are provided for your convenience only. Other websites are not under our control. We have not reviewed them and we do not endorse or assume responsibility for the contents of any other website. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

2. Our Legal Obligations

   Warranties
   1. We represent and warrant to you:
      1. We have the right to sell the products to you; and
      2. The products are not be subject to any undisclosed security or charge.
   2. We represent and warrant to you that the products;
      1. are of acceptable quality having regard to their nature, the price, representations made by us and any statements made on packaging or labels;
      2. are reasonably fit for the purpose that we represent;
      3. supplied by description correspond with their description.
   3. In addition, you have the rights and remedies afforded to you by the Fair Trading Act 1986 and the Consumer Guarantees Act 1993. We will honour our obligations to you under these Acts.
   4. To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that the Consumer Guarantees Act 1993 or equivalent consumer protection legislation does not apply.
   Limitation on Liability
   5. In no event shall Beauty Store be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Beauty Store has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site.
   Security
   6. Beauty Store uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Beauty Store will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).

3. Your Legal Obligations

   Site Access
   1. Beauty Store hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Beauty Store, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
   Copyright & Trademarks
   2. You agree that the content you access, view or download on this site and the software used to create it, remains the property of Beauty Store or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
   3. If you wish to link to this website, you should request our permission. To do so email us at admin@thebeautystore.co.nz. You must not do anything which alters our website or interferes with how it works

4. Products and Purchases

   Price and Availability
   1. Product price and availability information on the Website is subject to change without notice.
   GST
   2. All prices are New Zealand GST inclusive unless otherwise stated.
   Stock Availability and Cancellation of Orders
   3. All items sold via the Beauty Store website are subject to availability and Beauty Store reserves the right not to accept or cancel any order for products that are out of stock, including the right to cancel after an order confirmation. Also, due to manufacturers’ packaging and labelling changes, goods delivered may differ to the product images presented on this site.
   4. Beauty Store also reserves the right to cancel orders for any other reason or to cancel the purchase agreement after order confirmation, including but not limited to where Beauty Store believes the order to be fraudulent or constitute a misuse of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).
   5. After we have accepted your order for the products, you may not cancel the order without our consent. We will not consent to cancellation if we have processed documentation in fulfilment of your order.
   International Orders
   6. Beauty Store does not currently deliver to customers outside of New Zealand.
   Damage in Transit
   7. If you suspect your product has been damaged during delivery please do not throw away the parcel or cover/courier bag in which the product arrived in as Fastway may need to inspect it. Please email us at info@thebeautystore.co.nz, and include the date and time the goods were received, the invoice number, tracking number, and photos of the damaged item or items. We will email you a claim form which must be completed and returned within 7 days. We may organise the return of the product for inspection and will endeavour to send you a replacement as soon as possible. All claims must be lodged within 72 hours of the consignment being first delivered to you. Failure to do so, will result in that claim being denied.
   Returns Policy
   8. The Consumer Guarantee Act and Fair Trading Act provide the basis for our returns policy.
   9. Goods will be replaced if damaged in transit. The cost of return to us is your responsibility.
   10. We will not accept the return of any products that have been opened due to hygiene and safety reasons. This includes circumstances where you have suffered an allergic reaction or other sensitivity to the products you have purchased. It is your responsibility to determine whether the product that you order is suitable for your use.
   11. Subject to the above restrictions, if you wish to return product to us, this is what you must do:
       In-Store Returns
       1. Take the product into any of our stores with proof of purchase for an exchange. If the product was purchased online, you will have to email us as outlined in clause 4.7
       Sending an item back to us
       2. In the first instance please email info@thebeautystore.co.nz to and we will provide you a step by step guide on the returns process for any wrongly picked items. In that initial email, please provide brief details of the reason for your wishing to return the product. We may require to provide photographic evidence of any damage or other circumstance that is the basis of your wish to return the product to us.
       3. Using a good carton, make sure the item or items are well packed and return the package via insured and tracked courier parcel. The NZ Post is possibly the easiest way to send goods back, with all returns addressed to:
       4. Beauty Store (Returns)
          163 Broadway
          Newmarket
          Auckland
          
          (NOTE: Cash on Deliveries (CODs) will not be accepted)
       5. Keep a record of your shipment until you have received a credit or replacement goods.