In these conditions unless the context otherwise requires:
“Company” means TS Trade 2012 Ltd T/A Beauty In Store.
"user" means any user of this Website.
"we", "us" and "our" are a reference to the Company
"you" and "your" are a reference to you.
“Goods” shall mean all Goods supplied by the Company to the Customer
“Customer” means the customer as described in relation to all goods and service provided by the Company.
“Services" means any services that are offered by the Company.
2. Acceptance of Terms and Conditions
2.1 www.beautyinstore.co.nz (this website) is owned and operated by the Company.
2.2 By accessing and using this Website the Customer agree to be bound by the following terms and conditions. Please read these Terms and conditions carefully. If you do not accept these Terms and conditions, please refrain from using this Website
2.3 If any instruction is received by the Company from the Customer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the customer, the terms and conditions are definitive and binding.
3.1 These Terms apply to the Customer for the sale of Goods and Service by the Company.
3.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the website or the Service represents your agreement to be bound by the current terms and conditions. These terms and conditions were last updated on 26 July 2013.
5.1 The Price shall be as indicated on invoices provided by the Company to the Customer in respect of products and/ or services supplied; or
5.2 The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.
5.3 The Customer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.
5.4 The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.
6.1 Payment will be made by cash, or by Eftpos, or by direct credit, or by credit card as agreed to between the Customer and the Company.
6.2 Payment should be checked on the Company’s account. Providing the proof of payment could be regarded as a payment and the Company is not liable for any potential loss and/or damage from gap of transferring time during the direct credit process.
6.4 Payment for approved Customer will be due seven (7) days following the date of the invoice.
6.5 In the event of failure payment in accordance with the terms and conditions of provided by the Company, any debt collection agency costs and legal fees will be charged to the Customer.
6.6 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company exercised its rights under this clause.
7.1 Ownership and title of the goods remains with the Company until the purchased price and all amounts owing by the Customer have been paid in full.
7.2 Receipt by the company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the company’s ownership or rights in respect of the Goods shall continue.
7.3 The company or the Company’s agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession of the Goods, and the company will not be liable for any reasonable loss or damage suffered as a result of any action by the company under this clause.
8.1 The costs of delivery are excluded in the Price.
8.2 Any stated delivery dates are estimates only and the company is not liable for any loss or damage from the early or delayed delivery.
8.3 Delivery of the Goods shall take place when the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by the Company or the Company’s nominated carrier).
8.4 Delivery shall be made to the location nominated by the Customer and the Customer shall be liable for all extra freight costs issued.
8.5 The Company shall not be liable for any loss or damage whatsoever due to failure by the Company to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the Company.
If the Company retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
10. Intellectual Property
10.1 Where the company has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in the company, and shall only be used by the Customer at the company’s discretion.
10.2 The Customer warrants that all designs or instructions to the company will not cause the company to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify the company against any action taken by a third party against the company in respect of any such infringement.
10.3 The Customer agrees that the company may use any documents, designs, drawings or Goods created by the company for the purposes of advertising, marketing, or entry into any competition.
11. FORCE MAJEURE
The Company shall not be liable for any problem or any loss or damage caused due to thing beyond the Company’s control (including but not limited to transport breakdown, fire, flood earthquake, acts of God, Wars, weather, natural disaster, any accident).
12. Consumer Guarantees Act 1993
If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Company to the Customer.
13.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the company of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
13.2 The Customer shall afford the company an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way.
13.3 If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage.
13.4 For defective Goods, which the company has agreed in writing that the Customer is entitled to reject, the Company’s liability is limited to either replacing the Goods or repairing the Goods.
13.5 No refunds acceptable once the products are delivered.
13.6 Exchange or credit to the Customer’s following order will only be accepted.
14.1 Returns will only be accepted provided that :
(a)The Company has agreed in writing to accept the return of the Goods and the Goods are returned at the Customer’s cost within seven (7) days of the delivery date.
(b)The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
14.2 The Company will not be liable to accept any returns or exchanges.
15. Privacy Act 1993
15.1 The Customer authorises the Company to:
(a)collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing products and services to the Customer; and
(b)disclose information about the Customer, whether collected by the Company from the Customer directly or obtained by the Company from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
15.2 Where the Customer is an individual the authorities under clause 15.1 are authorities or consents for the purposes of the Privacy Act 1993.
15.3 The Customer shall have the right to request the Company for a copy of the information about the Customer retained by the Company and the right to request the Company to correct any incorrect information about the Customer held by the Company.
16. Governing laws
These Terms of Conditions will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Conditions.