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Terms & Conditions

Introduction

These terms and conditions outline the rules and regulations for the use of Cosmetologists Ltd’s Website (hereafer referred to as “Cosmetologists”).

Cosmetologists is located at: 8/16 Alpito Place, Pukekohe, 2120 – Auckland, New Zealand

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Cosmetologists’ website if you do not accept all of the terms and conditions stated on this page.

Terms Of Trade

Version 2, 01/11/2023

Any orders placed with Cosmetologists (including those placed on our website) are subject to our terms of trade. By ordering on this website you accept these terms in their entirety;

Definitions:
The “Distributor” or “The Company” means Cosmetologists Limited ‘Cosmetologists’ or any of its subsidiaries.
The “Stockist” or “Purchaser” refers to you, the person, organisation or entity on whose behalf this form is completed.

  1. Payment Terms
    1.1 All goods are required to be prepaid prior to shipping; UNLESS otherwise agreed to in writing, in which case they will be due for payment on or before the 20th of the month following supply.
    1.2 Cosmetologists accept Visa, MasterCard, Amex, EFTPOS and Bank Transfer as payment methods. We do not accept cheques.
    1.3 NOTHING in these terms and conditions will oblige the Distributor to extend credit to The Purchaser in any circumstances where The Company in its uncontrolled and unfettered discretion considers the account is not being maintained to an acceptable standard.
  2. Customer Acknowledgement
    2.1 The Purchaser acknowledges that the goods supplied by The Company, whether supplied directly by The Company or as a result of supply from any other source whatsoever are supplied for the business purposes of The Purchaser and are not goods of the kind ordinarily required for personal domestic or household use or consumption. The Purchaser accepts that the provisions of the Consumer Guarantees Act 1993 have no application in respect of the provisions of goods supplied under this contract. In the event that the Purchaser is a consumer as defined in the Consumer Guarantees Act 1993 the provisions of this clause will not apply.
  3. Our Stockists
    3.1 May supply products only to their clients.
    3.2 Shall not sub-distribute to other stockists, agents or retail outlets.
    3.3 Shall not directly nor indirectly, sub-distribute and/or retail products to any person, agent or retail outlet outside New Zealand.
    3.4 Shall not exhibit or sell products at flea-markets or side-walk sales.
    3.5 Retail products may be sold online via legitimate websites only.
    3.6 Any products sold online must be accompanied by current & correct imagery at recommend retail pricing.
    3.7 Cosmetologists products CANNOT BE SOLD ON TRADE ME OR ANY OTHER AUCTION FORMAT WEBSITES INCLUDING FACEBOOK MARKETPLACE. The sale of retail products at RRP via Facebook Shop or Instagram Shop, where these are directly connected to a Business Social Media Account; is exempt from this clause.
    3.8 Professional-only products cannot be sold online
    3.9 In order to maintain a stockist of a Cosmetologists brand, an order must be placed within 12 months otherwise the account will be closed.
  4. Goods, Payment and Title
    4.1 The purchaser will pay for the goods/services no later than the due date on issue of invoice.
    4.2 Any costs incurred in the collection of overdue accounts will be payable by the purchaser. Cosmetologists Ltd reserves the right to charge penalty interest at the rate of 5% per month.
    4.3 Payments received 14 (fourteen) or more days past due will immediately incur a $35 + GST late payment penalty. The late payment penalty shall be added to your account, in addition to any interest as detailed in clause 4.2.
    4.4 Title in any goods supplied by Cosmetologists Ltd, will not pass to the purchaser until Cosmetologists Ltd., has been paid for them and will store them in such a manner that it is clear they belong to Cosmetologists Ltd., if the purchaser shall sell any of the goods before they are paid for then the purchaser will notify its Customer that the goods are not theirs, and hold in trust for Cosmetologists Ltd., to be identified as such, any monies received on such sale.
    4.5 Overdue accounts will be passed to a credit management firm for collection; costs associated with this action will be added to the Customers account.
    4.6 If the Customer is a company of trust, the director(s) or trustee(s) signing this contract also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Cosmetologists Ltd the payment of any and all monies now or hereafter owed by the Customer to Cosmetologists Ltd and indemnify Cosmetologists Ltd against non payment by the Customer. Any personal liability of a signatory shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereafter.
    4.7 Cosmetologists reserves the right to recharge credit card charges.
    4.7 UNLESS otherwise indicated all prices quoted or submitted are exclusive of GST and other taxes or duties. The Company shall add to each invoice all such GST taxes and/or duties at the ruling rate.
    4.8 The prices quoted are based on rates and conditions ruling at the date of delivery.
    4.9 If The Purchaser requests delivery outside of New Zealand, the Purchaser is responsible for all costs of crossing the borders in N.Z. and country of import. Including all Freight, Taxes, Duties and Inspections. The Purchaser warrants that the goods purchased are not prohibited imports in country of delivery.
  5. Liability
    5.1 The Distributor shall not be liable for any loss, damage or personal injury sustained by the Stockist or the Stockist’s customers, as a result of the use of our brands.
    5.2 The risk associated with any goods supplied by Cosmetologists, to the purchaser will pass to the purchaser upon delivery and it will be the purchaser’s responsibility to insure such goods from the time of delivery. Delivery is deemed to be complete when Cosmetologists Ltd gives possession of the products directly to the Customer or a carrier, courier or other bailee for purposes of transmission to the Customer.
    5.3 The purchaser irrevocably gives to Cosmetologists Ltd and its agents or servants licence, without necessity of giving notice, to enter on and into any premises occupied by the purchaser to search for and or remove any of the goods supplied to the purchaser in which Cosmetologists Ltd., have title as aforesaid without Cosmetologists Ltd., in any way being liable to the purchaser in any manner whatsoever.
  6. Privacy
    6.1 Under the terms of the Privacy Act (1 July 1993) I/We authorise any person or company to provide Cosmetologists Ltd, with such information that they may require in response to any credit enquiries. I/We declare and I/We am/are not an undischarged bankrupt nor am/are I/we liable under the Insolvency Act 1969 or its amendments. I/We authorise Cosmetologists Ltd, to furnish to any third party details of this application any subsequent dealings that I/We may have with as a result of this application being actioned.
    6.2 Under the terms of the Privacy Act 1993 Cosmetologists Ltd is required to inform you that: The information you provide is being collected for the purpose of assessing whether your credit application meets our criteria. You have rights of access to the information held about you and you have the right to request corrections to this information. The information will be kept for as long as it is required for the purposes for which it has been obtained.
    6.3 Provision of your email address, now or with any future advice from you, is consent under the Unsolicited Electronic Messages Act 2007 to receive promotional emails
  7. Returns
    7.1 No claim relating to the products will be considered unless made within seven (7) days of delivery. No products will be accepted for return without prior approval and all goods must be received by Cosmetologists Ltd in an unused, undamaged, resale-able condition.
    7.2 Cosmetologists will not accept the return of discontinued products, dangerous goods or products from opening orders, packages or training classes.
    7.3 Change of mind returns need to be received back within 14-days of original delivery. In lieu of a restocking & administration fee, an account credit is offered for change of mind returns only. Cash refunds are not available. Goods must be shipped to 8/16 Alpito Place, Pukekohe, Auckland 2120 and received undamaged. In the event a returned item is opened or damaged, it will not be processed and no credit will be given.
  8. Training (You know you won’t succeed without it)
    8.1 In order to meet the requirement to represent our brands, you must maintain our required level of training.
    8.2 We require all representatives in your salon to attend a minimum of one training session per stocked skincare brand. Note: This is a “minimum” requirement, however our most successful salons invest far more that this into ongoing training and education of Cosmetologists brands.
    8.3 Where there is a cost involved for training this will be communicated and must be paid upfront prior to attending training. Training class fees are non-refundable.
  9. Email and Promotions
    9.1 Cosmetologists believes The Purchaser will be serviced best by being kept up to date with the latest developments and opportunities. The purchaser agrees to accept any promotional emails or letters from Cosmetologists.
  10. Supplier
    10.1 The Company shall use its best efforts to supply the goods by the dates requested from time to time in writing by The Purchaser. The Company shall not be liable for delays resulting directly or indirectly from hostility, strikes or lockouts, labour disputes, acts of God, force majeure, sanctions, regulations of any government, breakdown of machinery or transportation, or any other cause of any nature beyond the control of The Company.
  11. General
    11.1 Cosmetologists reserve the right to terminate sales to any customer who violates any point on this agreement.
    11.2 Cosmetologists may from time to time and in its sole discretion amend, add to or delete any of the terms and conditions of trade with immediate effect by giving notice to the customer.

Information On Our Website

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

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 our site. You agree that it is your responsibility to monitor changes to our site.

All prices are deemed wholesale in NZ dollar and exclude GST.
Prices for our products are subject to change without notice.

We make every effort to maintain our inventory and mark items “out-of-stock”, or we remove the item from our website. On occasion, we may not have the item you have ordered in stock due to previous sales not yet reconciled.

If this occurs, we will contact you to offer either of the following options:

  • Alternative Product (where possible).
  • Product Backorder – where we have been advised that the item will be re-stocked by the supplier in our next delivery. Please note, we have no control over any issues that may impede our third party suppliers in restocking items.

If we have not received a reply within 3 business days, we will automatically refund the item price.

If items are out of stock, and we are unable to offer the above, a refund will be issued automatically.

If out of stock items make up less than 10% of your order, please be advised the remainder of your order may be despatched and a refund applied for out of stock item(s) automatically. We endeavour to notify customers prior to this, but high order volumes mean this is not always possible.

When refunds are issued, please allow 3-5 business days for it to return to your account.

Returns

Used/open products are non-returnable (unless they contain manufacturing defects) and non-refundable. Unopened products may be returned or exchanged for an account credit within 14 days of purchase. Return shipping is at the cost of the customer and original shipping costs are non-refundable.

No products may be returned without prior authorisation from Cosmetologists. Please contact us before sending goods back, as all returns require prior approval.

Equipment (eg: wax warmers, spray tan machines, needling pens, etc.) comes with a limited 1-year RTB warranty (excluding general wear and tear). No other warranties either express or implied by law are made with respect to products purchased for business use.

Using Our Website

Cookies

We employ the use of cookies. By using our website you consent to the use of cookies in accordance with Cosmetologist Ltd’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

License

Unless otherwise stated, Cosmetologists and/or it’s licensors own the intellectual property rights for all material on Cosmetologists. All intellectual property rights are reserved. You may view and/or print
pages from https://cosmetologists.co.nz for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://cosmetologists.co.nz
  2. Sell, rent or sub-license material from https://cosmetologists.co.nz
  3. Reproduce, duplicate or copy material from https://cosmetologists.co.nz
  4. Redistribute content from Cosmetologist (unless content is specifically made for redistribution).

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    2. Search engines;
    3. News organizations;
    4. Online directory distributors when they list us in the directory may link to our Web site in the same
      manner as they hyperlink to the Web sites of other listed businesses; and
    5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
      and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long
    as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking
    party’s site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American
      Automobile Association, AARP and Consumers Union;
    2. dot.com community sites;
    3. associations or other groups representing charities, including charity giving sites,
    4. online directory distributors;
    5. internet portals;
    6. accounting, law and consulting firms whose primary clients are businesses; and
    7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect
unfavorably on us or our accredited businesses (for example, trade associations or other organizations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from
the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content
in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website,
you must notify us by sending an e-mail to [email protected].
Please include your name, your organization name, contact information (such as a phone number and/or e-mail
address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site,
and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the
    context and format of content on the linking party’s site.

No use of Cosmetologist Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular
link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing
to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond
directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the
website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or
other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information on the website is provided free of charge, we will not be liable for any loss or damage of any nature.