terms & conditions

All prices (unless specified) exclude freight and GST, and are subject to change without notice (Error & Omissions Excepted).

Where you are a commercial customer that has a credit term account and you have completed a credit account application, the terms and conditions in that application will apply (in place of the terms and conditions set out below).

 

Consumer Guarantees Act

If you are buying goods normally bought for personal, domestic or household use, you may have certain rights under the Consumer Guarantees Act 1993 (Consumer Guarantees Act) that cannot be excluded or limited. These terms do not limit or alter your rights under the Consumer Guarantees Act (other than in the circumstances permitted under that Act). You can find more information about your rights under the Consumer Guarantees Act at the Ministry of Business, Innovation & Employment's website (www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act) and the Commerce Commission's website (comcom.govt.nz/consumers/your-rights-as-a-consumer).

 

Agreement

Luxury Lashes NZ agrees to sell and the Customer agrees to buy the goods ordered through Luxury Lashes NZ.

 

Acceptance

By placing the order for goods through Luxury Lashes NZ you are deemed to accept the terms and conditions of sale.

 

Price

The purchase price is for goods supplied and packed, and is exclusive of maintenance.

The price you pay will be increased by the amount of GST, other taxes and duties which may be applicable and insurance/freight/handling charges (except to the extent already expressly included in the price).

Provided we meet our obligations under the Fair Trading Act 1986, we can revise our prices at any time prior to accepting your order.

Purchase prices are given in New Zealand dollars unless otherwise stated.

You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order which we subsequently accept.

 

Delivery

Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.

If no place of delivery is specified, delivery shall take place at the time when the goods are made available for dispatch at our premises.

We can deliver the goods by instalments, and each instalment shall be treated as a separate contract.

If the Consumer Guarantees Act applies to your purchase, we will meet any obligations we have under that Act. Otherwise, if the Consumer Guarantees Act does not apply, any time stated for delivery is an estimate only and no claim shall be made by you on account of late shipment, or delivery however caused.

All freight charges shall be at your cost unless otherwise agreed and stated.

 

Returns and Cancelled orders

We will only accept returned goods if they have been damaged while in transit.

 

Due to health & safety concerns we will not accept returned goods if you have changed your mind or are unhappy with the product. We strive to explain all the relevant information about the product on our website plus very detailed photographs of what you are purchasing.

 

Please read the product descriptions and view the product photos carefully before purchasing.

 

Risk and ownership

Risk of any loss, damage or deterioration of or to the goods passes to you on delivery, or if you state to leave goods at a certain location, at the time goods are placed there.

Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.

Guarantees

Where the Consumer Guarantees Act applies:

If you are in trade you agree that the Consumer Guarantees Act does not apply.

If you onsupply goods you must:

- do so on the basis that the Consumer Guarantees Act does not apply where the party buying the goods is in trade; and
- notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.

If you are in trade you acknowledge that no Express Guarantees (as defined in the Consumer Guarantees Act) are provided.

If you onsupply goods and if a claim is made directly against us by a consumer under the Consumer Guarantees Act then you will refund to us the amount of any damages (up to the value of the margin you made on the goods in question) we are required to pay to that consumer under the Consumer Guarantees Act.

Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act except to the extent permitted by the Act.

Except as otherwise required or prevented by laws including the Consumer Guarantees Act, or except as expressly provided under these terms, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature, including under the Contract and Commercial Law Act 2017, are completely excluded.

 

Use of information

You agree that we (or other members of our group of companies) may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business, and you consent to any person providing us with such information.

You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.

You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us or our group of companies. (If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information that we hold about you.)

Without limiting the above, we will collect, use, store and disclose your personal information in accordance with our privacy policy.

You consent to receiving marketing material from us, including via email, text and any other electronic means. We will comply with our obligations under the Unsolicited Electronic Messages Act 2007 in respect of any commercial electronic messages we send to you.

 

No liability

Except where provided in the Consumer Guarantees Act, we shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.

Except where the Consumer Guarantees Act applies, should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on Luxury Lashes NZ for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.

If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our reasonable control, then we are released from our obligations under this agreement.

 

Waiver

If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.

 

Assignment

You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.

 

Governing law

This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.