Privacy Policy/
Terms & Conditions.

We collect personal information from you, including information about your:
- name
- contact information
- interactions with us​
We collect your personal information in order to:
to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page.

When you submit a form on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.

We keep your information safe by storing it in encrypted files and only allowing certain staff to access it .You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, please contact us at info@designerskincarenz.co.nz

Our Terms (January 2021)

About us

This website (www.designerskincarenz.co.nz) is owned and administered by Designer Skincare NZ Limited (“Designer Skincare NZ” and “we” and “us” and “our”). We specialise in the design and manufacture of bespoke and artisan skincare products, with a unique New Zealand feel.  You can contact us by email info@adesignerskincarenz.co.nz or by telephone +643-578-6266.

Our Terms

We provide our products and services to you subject to our terms and conditions as noted here (“Terms”).  Please read these carefully.  By using our website, purchasing products or services and otherwise engaging with us, you are acknowledging that you have read, understood and agree to be bound by these Terms.   Our duties are owed to you and not to any other person.  Nobody except you may rely on these Terms.

We may amend these Terms in our sole discretion at any time without prior notice to you, and we will update our website as soon as possible. We encourage you to check our Terms each time you visit our website, purchase products or services, or engage with us.

These Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If at any time we do not enforce any of these Terms or we grant you time or other indulgence, we will not be construed as having waived our rights to later enforce these Terms. Further, if any part or provision of these Terms is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

Some of the words we use have been defined within this document.
If you have any questions or concerns in relation to our Terms please contact us.

Terms Of Sale

The following specific terms and conditions of sale apply to all orders and purchases you make with us unless otherwise agreed in writing directly by us.  By completing a purchase order you are confirming your agreement to our Terms.

Development Brief
By signing our development brief you agree to be bound by these Terms.Non-exclusive: Unless otherwise agreed in writing with you, we will provide our products and services to you and to other customers.

Our Obligations
We agree to provide our services with due care, skill and diligence.  We warrant and agree that all product supplied to you pursuant to these Terms will comply with all relevant laws and conform with any agreed specifications in all material respects.

Your Obligations
You agree to provide us with the information and assistance that we require to be able to provide our products and services to you.  You accept responsibility for the accuracy of any information provided to us and you agree to ensure the deliverables comply with all relevant laws and regulations and do not breach any third party’s Intellectual Property Rights.

Acceptance of Orders
Our acceptance of any purchase order is subject to stock availability and you will be promptly advised if we cannot complete your order.  Once an order is accepted by us, it is binding and cannot be changed or cancelled. To the maximum extent permitted by law, we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order.

Price
You agree to pay us the Price plus any disbursements (such as delivery fees) incurred by us while providing our products and services to you.  Unless otherwise stated, all Prices are exclusive of GST and GST is payable in addition to the Price. We may deduct the actual cost of raw ingredients required for the provision of our products or services from your deposit even if your order with us is terminated without fulfilment.

Payment Timing
A deposit of 30% of the Price will be payable upon signing of the Product Pricing Form and may be applied to our costs as noted herein.  The balance is due within 14 days of receipt of our GST invoice.  Timing for payment is of the essence. If, at any time, you believe that you will have difficulty meeting any due invoices please contact us promptly to discuss payment arrangements.

Variation to Price
If there is a significant and ongoing change (25% or more) in the raw material or manufacturing costs of a product then we may increase the product price by written notice to you.Default: We may charge default interest at a rate of 12% per annum , compounding monthly, in respect of any amount which is due and unpaid.  You are liable for any costs incurred by us in recovering any overdue amounts (including legal fees on a full indemnity basis).

Components & Quality Assurances
Where a party (us or you) provides any components to be included in a product that party must ensure that: the components do not breach any law or standard; the components are free from defects and fit for the purpose for which they are intended to be used; and the supply and use of the components will not infringe the rights of any other party.

Certificate of Analysis
Where appropriate, we will provide a certificate of analysis as to the ingredients used in the products or any other technical information related to the products that is reasonably required by you or by any regulatory authority.  There may be an additional charge for such information.

Delivery Timing
We will use reasonable endeavours to provide our products and services within any timeframes specified in the development brief. Some issues, such as Covid-19 cause delays in raw material lead times but we will endeavour to provide accurate timeframes based on the circumstances known as the time.  We will not be liable for any loss or damage incurred by you as a result of our failure to meet any agreed delivery timeframes.

Delivery
Please ensure the delivery address and receiver’s name for your purchase order is accurate and complete as we may be unable to change these details once the order has been placed.  We will not take responsibility for any orders that go missing due to incorrect delivery information.   Delivery will be deemed to have been made when the products arrive at the delivery point, or when the products are available for collection by you. You must notify us within 5 days of the dispatch date (as stated in the email we send confirming dispatch) if you have not received a delivery.

Risk
Risk and title to the products passes to you on the later of: the date of despatch of the products by us, or the date that you have paid the full price for the products.

Returns
If you believe that any product does not meet our quality assurances please notify us in writing as soon as possible – if the defect is apparent on normal visual inspection then within 5 business days of delivery; if it is a latent defect then within a reasonable time of the defect having become apparent.  If we determine that you are entitled to reject any product due to a defect then we may replace the rejected product, or issue a credit note, or repay the purchase price, in our sole discretion.   We cannot accept items returned that are not in their original condition.

Recall
If any products are withdrawn or recalled due to a fault, either voluntarily or as a result of regulatory action, we will work with you in good faith to complete the recall.

Recovery
If you fail to make any payment due to us we are entitled to reclaim any products that we have supplied to you and you irrevocably authorise us (or our agents) to enter any location where our products are stored (on foot or with vehicles) to reclaim such products.

PPSA
You agree that these Terms constitute a security agreement for the products and their proceeds for the purposes of the Personal Property Securities Act 1999 (“PPSA”).  Unless otherwise defined in these Terms, the meanings set out in the PPSA apply and section references at to sections of the PPSA.  In particular:

  1. On our request, you shall promptly execute any documents, provide all necessary information and do anything else required by us to ensure our security interest constitutes a perfected security interest in the products and their proceeds which will have priority over all other security interests in the products.
  2. We may allocate all amounts received by you in any manner that we determine including any manner required to preserve any purchase money security interests in the products.
  3. You will pay to us all fees and expenses that we incur in relation to the filing and maintenance of a financing statement in connection with our relationship with you.
  4. You waive your rights under sections 114(1)(a), 116, 120(2), 121, 125, 126, 127, 129, 131, 133 and 148 of the PPSA.

Suspension/Termination
Without prejudice to any other remedies at law, we are entitled to suspend and/or terminate our supply of products or services to you if: you are in breach of any obligation in these Terms or we have reasonable grounds to believe you may breach these Terms; we are subject to an intervening cause beyond our control such as a force majeure event which means we cannot perform our obligations; you become insolvent, convene a meeting with your creditors or propose the same; or a receiver, manager, liquidator or similar party is appointed in respect of you or your assets.  Upon suspension and/or termination, all amounts owing to us will, whether or not due for payment, become immediately due and payable.  The term “intervening cause beyond our control” includes any industrial dispute, act of nature or war, and any delay attributable to the Covid-19 pandemic.  Where we suspend or terminate our relationship with you due to a breach or potential breach by you, you indemnify us against, and shall pay us upon demand, any cost (including legal costs), claim, damage, expense, or liability suffered or incurred by us, whether arising directly or indirectly, from our acting to recover any products or monies payable by you pursuant to these Terms or otherwise in connection with our exercise of our rights or remedies under these Terms.

Keeping it Local

We operate our website from New Zealand.  The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from outside New Zealand, you do so at your own risk.

Adverse Reactions

If you experience any adverse reaction to your skin or body, which you believe may be connected to us, please contact us as soon as possible so that, where appropriate, we can try to assist you.  Nothing in our Terms will limit or affect your rights as a consumer under the Consumer Guarantees Act 1993 (“CGA”) to the extent that such limitation or contracting out is prohibited by that Act.  If you are in trade (within the meaning of the CGA) and our products are supplied to you in trade, the statutory guarantees and implied terms, covenants and conditions contained in the CGA do not apply.

Product Information

Our website provides general information about our products and services.  We reserve the right to change, delete or move any material on the site at any time without notice.

We will take care to provide you with accurate information about our products and services but please note that the equipment you use to view information provided by us may impact on the display of our products.  We do not warrant that the products we deliver will be identical to what is displayed electronically.

Limitation of Liability

You are solely responsible for the actions you take in reliance on the content on, or accessed, through our website or your interactions with us. We have taken care to ensure the accuracy of information provided on our website or provided to you, however, errors and omissions may occur. To the maximum extent permitted by law:

  1. We make no representations or warranties of any kind, express or implied as to the operation of this site or the accuracy of information, content, materials or products included on this site.
  2. We exclude all warranties, descriptions, representations or conditions in relation to products or services provided by us that may be implied by law, trade, custom or otherwise.
  3. We do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website and any other website linked to this website, including that arising from any technical difficulties, network failures, virus or equipment malfunctions, theft or unauthorised access or third party interference.
  4. You specifically acknowledge and agree that our maximum liability for any damages related to our products or services, your use of our website, or to your dealings with us will be the greater of the amount you paid to us for the relevant product or service or NZ$500.
  5. We are not liable for anything outside of our control such as faulty raw materials, reaction to packaging supplied by you, tampering with products, damage to products in storage after delivery.
  6. Nothing in these Terms shall limit or exclude the liability of either party for: death or personal injury resulting from negligence or wilful misconduct; fraud or fraudulent misrepresentation; breach of the terms implied by the Contract & Commercial Law Act 2017 (if applicable); or breach of the Consumer Guarantees Act 1993 (if applicable).
  7. We are not liable to you, whether in contract, tort (including negligence) or otherwise for any indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings or loss of opportunity.

Harm Minimisation

If you become aware of any issue with our products or services or any matter that may give rise to a potential claim against us you must notify us as soon as practicable after becoming aware of any potential claim, and you must take all action reasonably requested by us to minimise, avoid, compromise or defend the claim and any proceedings in respect of the claim.

Intellectual Property

In these Terms, the phrase “Intellectual Property Rights” means all intellectual property rights (including copyright, trade marks, designs, patents, confidential information, methods of manufacture, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off) whether registered or unregistered, belonging to the owner and all similar or equivalent rights or forms of protection that subsist now or in the future in any part of the world.

You acknowledge that our Intellectual Property Rights are and remain our exclusive property.  You agree not to do anything which will or may prejudice or infringe our right, title and interest to and in our intellectual property.We may use our Intellectual Property Rights to provide products and services to you, and we may do so in combination with use of Intellectual Property Rights that belong to you.  Where any element of our Intellectual Property Rights is used for a product or service that you purchase from us we grant you a non-exclusive right to use our intellectual property to the extent required to ensure that you obtain the full benefit from the supplied product or service.  This does not mean that you can make unauthorised use of our Intellectual Property Rights.

If we need to make use of your Intellectual Property Rights to perform our services or to provide products to you then you grant us a non-exclusive, non-transferable, royalty-free licence to use such rights solely for the purpose of enabling us to perform our obligations to you.  This may include applying your trade marks to the products in the form and manner specified by you.

The design and content of our website is intellectual property which is either owned or licenced by Designer Skincare NZ. The various trade marks, products and corporate identities represented on our website are our property or are the property of the individual companies represented and used by us with their permission, and this content is not to be reproduced or used without the express consent of the owner.

You may not extract or use parts of the content of our website without our written consent (including by data mining, robots or similar means).  You may not create and/or publish your own database that features content on this website without our written consent.

Confidentiality

If we disclose any confidential information to you when providing our goods or services you agree to hold such information in confidence unless otherwise agreed by us in writing.  We will similarly respect the confidence of any confidential information that you provide to us.  Exceptions include: providing confidential information to representatives who need the information to perform the obligations required by these Terms; as may be required by law or any regulatory authority; and to professionals for the purpose of obtaining advice.

Internet Security & Viruses

The internet may be subject to breaches of security. We do not guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. We are not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the internet may not be secure, and you should consider this before submitting any information to anyone over the internet. You assume all risk of use of all programs and files on this site, and you release us entirely of all responsibility for any consequences of its use.

Third Party Websites

For your convenience we have provided links to third party websites . You access those websites at your own risk. We are not responsible for the condition or content of those sites. We make no representation or warranties of any kind as to the operation (including privacy and security) or accuracy of information or content on third party websites.

Subcontracting & Assignment

We may subcontract or assign any part or all of our obligations to you to a third party at any time provided that we shall remain responsible and liable for all acts and omissions of our subcontractors.

Disputes

If either of us has any dispute with the other arising in connection with these Terms we shall attempt to resolve the dispute in good faith.  If the dispute is unable to be resolved through good faith negotiations within 30 days of receiving notice of the dispute, then if the parties agree in writing the dispute will be referred to mediation before a single mediator agreed on by the parties.  If the parties fail to agree on a mediator within 14 days of the date that the parties agree to go to mediation, the mediator will be appointed by the then president of the New Zealand Law Society (or his or her nominee).  All discussions in mediation will be without prejudice and may not be referred to in any subsequent proceedings.  The parties will bear their own costs of legal representation but costs of mediation will be shared equally unless agreed otherwise in writing or the mediator determines otherwise.

Notices

Notices or other communications must be in writing (including email) and must be sent to the address/communication point of the other party most recently used by that other party but for us all notice must also be sent by email to info@desinerskincarenz.co.nz.

Entire Agreement

These Terms constitute the entire agreement between us with respect to our provision of products and services to you and override all other agreements, arrangements or understandings.

Feedback

Customer satisfaction is one of our primary objectives and your feedback is helpful to us.  If you would like to comment on any aspect of our products or services, including how we can improve our performance please contact us by email to info@desinerskincarenz.co.nz.

Questions

If you have any comments or questions about these Terms please contact us.