Terms and Conditions

1       Introduction

(a)    This website (Site) is operated by Liz McPike Beauty Limited, trading as D’Scribe Beauty (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2       Use of the Site

(a)    You accept these Terms by placing an order via the Site.
(b)    You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
(c)     When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1)         anything that would constitute a breach of an individual’s privacy or any other legal rights;
(2)         using the Site to defame, harass, threaten, menace or offend any person;
(3)         using the Site for unlawful purposes;
(4)         interfering with any user of the Site;
(5)         tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6)         using the Site to send unsolicited electronic messages;
(7)         using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8)         facilitating or assisting a third party to do any of the above acts.

3       Accounts

(a)    You may create an account in order to purchase products from us. Alternatively, you can purchase our products by checking out as a “guest” on the Site.
(b)    You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(c)     It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4       Orders

(a)    You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
(b)    You acknowledge that you may not purchase our products for the purposes of distributing or reselling them, without our prior written consent. We reserve the right to enforce limitations on the number of products you may order at any one time, at our absolute discretion.
(c)     We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
(d)    It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
(e)    When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.
(f)     All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
(g)    We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
(h)    If you need to cancel your order for any reason, you must email our customer services email at hello@scribebeauty.co.nz and request a cancellation as soon as possible. While we will use our reasonable endeavours to assist, if your order has already been despatched by the time we receive your cancellation request, we will be unable to cancel it and you will need to return the products to us in accordance with the Returns section of these Terms. 

5      Price and Payments 


(a)    You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (thePrice) in accordance with this clause. All amounts are stated in the currency applicable to your location. GST and VAT (where applicable) will be set out separately.  
(b)    You must pay the Price upfront using one of the methods set out on the Site. Prices for the products are subject to change at any time (in our sole discretion) and without notice to you.
(c)     You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(d)    The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, PayPal. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(e)    Where you order the products for delivery outside New Zealand, you may need to pay custom charges or taxes in addition to the Price. You acknowledge and agree that any custom charges or taxes are your sole responsibility.
(f)     We may from time-to-time issue promotional discount codes for certain products on the Site.
(g)    To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. You may not use more than one promotional discount code per order and where the promotional discount code relates to new customers, such code may be used once only.
(h)    The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6      Delivery, Title and Risk

(a)    If possible, we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area, please contact us to discuss delivery options.
(b)    We normally dispatch products within 1 – 4 business days of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
(c)      We deliver the products using a range of delivery methods. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
(d)    Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(e)    Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

7     Returns


(a)    We offer a 100% money back guarantee on our products (including for changes of mind), where we determine (at our absolute discretion):
(1)      you have provided the proof of purchase and you purchased the products within 30 days prior to the request for an exchange or refund;
(2)      the products are in their original condition and must be unopened, or only gently used;
(3)      the products are in their original undamaged packaging; and
(4)      the products are not sale items, custom-made, special buy products or gift vouchers.


(b)    We reserve the right to reject any exchanges or refunds of products which have been extensively used or tampered with, or do not otherwise comply with the above requirements. If you receive the products in a damaged condition, please contact us immediately.
(c)     We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
(d)    Once we have received and inspected a returned product, we will advise you whether or not we have accepted the return. If we consider (in our sole discretion) that the criteria in clause 7(a) have been met, we will refund you the price for the product via your original method of payment.
(e)    You may have rights under the New Zealand Consumer Law (see below) in addition to this clause.

8      New Zealand Consumer Law


(a)    Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the New Zealand Consumer Law (Consumer Law Rights). In New Zealand, our goods come with guarantees which cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the New Zealand Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(b)    Where you return products to us to seek a New Zealand Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(c)     Where your claim is a valid claim under the New Zealand Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

9      Limitations


(a)    Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:
(1)      neither Party will be liable for Consequential Loss;
(2)      each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
(3)      our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

(b)    Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any: 
(1)      loss of, or damage to, the products, or any injury or loss to any person (subject to your Consumer Law Rights);
(2)      failure or delay in providing the products; or
(3)      breach of the Terms or any law,
where caused or contributed to by any:
(4)      event or circumstance beyond our reasonable control; or
(5)      act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
(c)      You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. To the maximum extent permitted by law, we are not responsible if any Materials are not accurate, complete, current or error free. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to this Site.
(d)    Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor-patient relationship.

10      Intellectual Property


(a)    You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b)    We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c)     You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
(d)    You must not, without our prior written consent:
(1)         copy, in whole or in part, any of Our Intellectual Property;
(2)         reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3)         breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
(e)    Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(1)         you do not assert that you are the owner of Our Intellectual Property;
(2)         unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3)         you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4)         you comply with all other terms of these Terms.

11    Content you upload


(a)          You may be permitted to post, upload, publish, submit or transmit relevant information, comments and content on this Site (User Content).
(b)          If you make any User Content available on or through this Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site and our social media platforms.
(c)          You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(1)         you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(2)         neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.


(d)          We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

12      General


(a)    Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
(b)    Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c)      Privacy: We agree to comply with the legal requirements of the New Zealand Privacy Principles as set out in the Privacy Act 2020 and any other applicable legislation or privacy guidelines.
(d)    Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.
(e)    Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(f)     Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(g)    Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order. These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
(h)    Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
(i)     Collaborations: We may engage with influencers or content creators to use and promote the Site and our products. Where we collaborate with you, you agree to comply with our reasonable instructions in relation to the creation of promotional content.
(j)     Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

13    Definitions


(a)    Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.
(b)    Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.
(c)     Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

 

For any questions and notices, please contact us at:

D’Scribe Beauty

Email: hello@dscribebeauty.co.nz
Last update: 21 November 2023