Terms & Conditions


FEBRUARY 2017

INTRODUCTION

This website at www.ghdhair.com, including any discussion forums contained on the website (“Site”) is operated by Jemella Limited (trading as ghd), a company incorporated in England and Wales (registered number 04115691) with its registered address at Bridgewater Place, Water Lane, Leeds, LS11 5BZ and Jemella Australia Pty Limited, a company incorporated in Australia (ACN 104 455 138), with its registered office at Level 3, 490-500 Adelaide Street, Brisbane QLD 4000, (collectively, “ghd ” or “we/us/our”).  ghd may be contacted at the above address.

 

We appreciate your interest in the products and services on the Site and your visit to the Site.

 

If you have any queries regarding the Site of any of the information or materials contained on or in it, please contact us by email at consumerservices@ghdhair.com.au or on 1300 443 424.

 

The use of this Site is subject to these Terms of Use which set out the basic rules that govern your use of the Site.  Please read the Terms of Use carefully. By using the Site you confirm your acceptance of these Terms of Use and to be bound by them.  If you do not agree to the Terms of Use, please do not use the Site.

 

TERMS OF USE

  1. MODIFICATION

1.1We may change, edit, delete or revise the content of this Site from time to time, including these Terms of Use.  Please check this page for changes which have been made to the Terms of Use.  Your use of this Site after a change has been posted constitutes your acceptance of the amended Terms of Use.

1.2 We do not guarantee that the Site, any page or any content on the Site will always be available or be uninterrupted. We may also intentionally withdraw or restrict the Site or any part thereof at any time without notice.

  1. TERMS OF SALE, REGISTRATION, ACCOUNTS AND PASSWORDS

2.1  These Terms of Use do not apply to the sale of goods via the Site.  Such sales are subject to our Terms of Sale, which can be accessed using the Terms of Sale tab at the top of this page.

2.2  Accessing certain services on the Site may require registration and the creation of an account.  Please ensure that the details you provide upon registration or at any time are complete and accurate, and inform us immediately of any changes to the details you provided when registering. You will not be able to create an account unless you are at least 16 years of age.

2.3  When you register for an account on the Site, you will be asked to create a password.  You agree to be responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer to prevent unauthorised access to your account.  You agree to promptly notify us if you have reason to believe that your account details or password have been lost, or if they are likely to be used in an unauthorised manner.  Please CLICK HERE. If you need to reset your password at any time. You are responsible for all activities that occur under your account or password, and, subject to clause ‎6.5, we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms of Use.

2.4  We reserve the right to suspend or terminate your use of the Site at any time, for any reason, without prior notification.

  1. INTELLECTUAL PROPERTY

3.1  We are the owner or the licensee of all copyright, design rights, database rights, trade marks and other intellectual property rights in this Site, whether registered or unregistered, and in the material published on it.  Your use of the Site grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties.  All such rights not expressly granted are reserved.

3.2  You may access this Site only to participate in the Site or make Contributions (as defined below) or to place an order for Products. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.

3.3  Subject to the exceptions prescribed under the Copyright Act 1994 or other applicable law, you may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site.

3.4  If you print off, copy or download any part of this Site in breach of these terms of use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. LINKS TO THIRD PARTY WEBSITES AND RESTRICTIONS

4.1  The use of third party websites is entirely at your own risk.  Links contained in the Site will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site.  Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party’s website.

4.2  These Terms of Use do not apply to any third party website linked to the Site.  You should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.

4.3  You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise), nor may you frame the Site on a third party site, without our prior written consent, which we may grant or withhold at our absolute discretion.

4.4  You agree that when accessing the Site you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.

4.5 You must not attempt to gain unauthorised access to the Site, or our servers, or any hardware supporting the Site. Nor must you attempt to reconfigure the Site in any way. For the avoidance of doubt, the full details of any offences committed by site users will be reported to the relevant law enforcement authorities.

4.6 You must not misuse the site in any manner, including the introduction to the Site of any viruses, programmes or any other material that may be technologically harmful or malicious.

  1. USER REVIEW AND CONTRIBUTIONS

5.1  Users of the Site may submit product reviews, profiles, images, portfolios, videos, instructions, comments, questions, feedback, ideas, suggestions or other information or materials via the Site or otherwise (collectively “Contributions”), so long as such Contributions comply with our contribution standards, set out below in clause ‎5.2(“Contribution Standards”).

5.2  Contribution Standards

5.2.1  These standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it including our ghd Showcase and Salon & Stylist Feed.  You must comply with the spirit of the following standards as well as the letter.  The standards apply to each part of any contribution as well as to its whole.

5.2.2  Contributions must:

5.2.2.1  be accurate (where they state facts);

5.2.2.2  be genuinely held (where they state opinions); and

5.2.2.3  comply with applicable law.

5.2.3   Contributions must not:

5.2.3.1  contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;

5.2.3.2  promote sexually explicit material;

5.2.3.3  promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

5.2.3.4  carry out, advocate, promote, assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;

5.2.3.5  be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

5.2.3.6  be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to  harass, upset, embarrass, alarm or annoy any other person;

5.2.3.7  be likely to mislead or deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

5.2.3.8  give the impression that they emanate from us, if this is not the case.

5.3  Failure to comply with the Contribution Standards constitutes a material breach of the Terms of Use upon which you are permitted to use this Site.  We will determine, in our discretion, whether there has been a breach of the Contribution Standards through your use of this Site.  If a breach of the Contribution Standards has occurred, we may take such action as we deem appropriate, including taking all or any of the following actions:

5.3.1  immediate, temporary or permanent withdrawal of your right to use this Site;

5.3.2  immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;

5.3.3  issue of a warning to you;

5.3.4  legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

5.3.5  further legal action against you; and

5.3.6  disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

5.4  Any Contributions shall be and shall remain our property, and by making a Contribution to the Site you assign to us all worldwide rights, title and interest in all intellectual property rights in your Contributions.  Thus, we will own exclusively all such rights, title and interests in any Contributions, and shall not be limited in any way in its use, commercial or otherwise, of any Contributions.  We are and shall be under no obligation to maintain any Contributions in confidence, to pay any compensation or royalty for any Contributions, or to respond to any Contributions. If requested by us at any time, you will sign all documents required to effect, perfect or register the intellectual property rights assignment referred to in this clause.

  1. DISCLAIMER OF LIABILITY

6.1  Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this Site, it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Site.  Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

6.2  Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.  We accept no liability for viruses or other computer contaminants.  You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.

6.3  Subject to clause ‎6.5 below, we shall not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the Site, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:

6.3.1  any indirect, special or consequential losses;

6.3.2  any losses or damages arising out of changes made to the content of this Site by unauthorised third parties;

6.3.3  any loss of business, data, profits, revenue, goodwill, use or anticipated savings;

6.3.4  loss or damage to your, or any third party’s, data or records;

6.3.5  any actions taken in response to breaches of the Contribution Standards set out in clause ‎5.2 above; or

6.3.6  any delay in, or failure of, performance of our obligations under these Terms of Use arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

6.4  Except as expressly provided in these Terms of Use , we exclude all representations, conditions, guarantees and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.

6.5  We do not seek to exclude or limit our liability to you for:

6.5.1  death or personal injury caused by our negligence;

6.5.2  fraud or fraudulent misrepresentation;

6.5.3  any breach by us of any terms implied under, or any condition, warranty, right or remedy that is conferred on you by, the Consumer Guarantees Act 1993 or any other applicable law that cannot be excluded, restricted or modified by agreement

6.5.5  any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

6.6 Notwithstanding where legislation implies into these Terms of Use a non excludable condition, to the fullest extent permitted, our liability for any loss or damage you may incur or suffer in connection with your use of the Site is limited to one of the following (at our election):

6.6.1 our re-supply of equivalent services; or

6.6.2 payment of the cost of re-supply of equivalent services.

6.7 Nothing in these Terms of Use purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under New Zealand law that cannot be modified or excluded.

  1. MISCELLANEOUS

7.1  These Terms of Use are governed by the laws of New Zealand and only the courts of New Zealand will have exclusive jurisdiction with respect to any dispute arising under or in relation to them.

7.2  If any provision of these Terms of Use is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms of Use which shall remain unaffected.

7.3  No delay or failure by us to exercise any powers, rights or remedies under these Terms of Use will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.

7.4  Please read the terms of the Privacy Policy which contains important information about the use of the personal information you provide when using this Site.

7.5  Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions.  You will need to read and accept these before making a submission.

 

TERMS AND CONDITIONS OF SALE  

1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, they have the meaning set out below:

  1. Order: your order for the Products via the website;

  2. Products: the goods and/or gift cards that We are selling to you;

  3. Special Terms: any additional terms and conditions that apply to your Order, as notified by Us during the order process;

  4. Terms: the terms and conditions set out in this document; and any Special Terms;

  5. Website: ghdhair.com; and

  6. We/Our/Us: Jemella New Zealand Limited (NZCN 1811875), trading as ghd, of Level 8, 120 Albert Street, Auckland, New Zealand.

1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Products to you.               

2.2 Please ensure that you read these Terms carefully and check that the details of your Order are complete and accurate before you submit the Order. These Terms tell you who We are, how We will provide products to you, how you and We may change or end the contract, what to do if there is a problem and other important information.

2.3 When you submit the Order to Us, this does not mean We have accepted your Order. Our acceptance of the Order will take place as described in clause 2.4. If We cannot accept your Order, We will inform you of this, We will not process the Order and any payment taken will be refunded (or any pending payment will be released). We might not accept your Order because the Product is out of stock, because of unexpected limits on Our resources which We could not reasonably plan for, because your Order breaches any of these Terms, because We have identified an error in the price or description of the Product or because We are unable to meet delivery deadlines.

2.4 Our acceptance of your Order will take place when We dispatch the Products you have ordered from Our warehouse. This is the point at which point a contract will come into existence between you and Us and these Terms will become binding on you and Us.  We will confirm dispatch of the Products and acceptance of your Order by email.  Please note that the processing of your payment (or placing a pending payment on your account) and acknowledgment of your Order does not constitute acceptance of your Order.

2.5 We shall assign an order number to the Order and inform you of it when We accept the Order. It will help us if you can quote the order number in all subsequent correspondence with Us relating to the Order.

3. CHANGES TO ORDER OR TERMS

3.1 We may revise these Terms from time to time so you should check the Terms prior to placing any future Order. Any changes that We make to these Terms will not affect any Orders that We have already accepted.

3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 7.

4. DELIVERY OF PRODUCTS

4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products (including any pre-orders) and your address. Please consult the “Payment & Delivery” section of the website.

4.2 Delivery of an Order shall be completed when We deliver the Products to the address you gave Us. The Products will be your responsibility from the completion of delivery. 

4.3 If We are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, We will, except where your Order includes a pre-order, deliver the Order in instalments. We will not charge you extra delivery costs for this. However, if you ask Us to deliver the Order in instalments, We may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If We are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

4.4 You own the Products once We have delivered them (provided that We have received payment in full).

4.5 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot We will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, We are unable to contact you or you do not re-arrange delivery or collect the Products from the delivery depot We may end the contract and clause 13.2 will apply.

4.6 On delivery of your Order please check the Products against the delivery note or covering email in the case of gift cards. If there is any discrepancy or if any Product is damaged please contact Us as set out in clause 14 as soon as possible. Where there is a discrepancy with your Order, We will ask you to return the Product to us in unused condition and in its original packaging which should be undamaged. You should inform Us within 7 days of receipt if you consider that the Products are damaged, otherwise the Products will be considered to have been correctly delivered, free from damage. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the Products and your legal rights under the consumer guarantees implied by the Consumer Guarantees Act 1993 (CGA).

4.7 If you have not received your Order within 8 business days of receiving the order confirmation please contact Us as set out in clause 14.

4.8 You have legal rights if We deliver any Products late. Whilst our standard delivery service will usually deliver Product within 8 business days of dispatch, Our legal obligation is to deliver Product within a reasonable time after the date on which the contract between you and Us is entered into. If We miss this delivery deadline, or any other deadline that We agree with you, then you can cancel your Order for any of the Products or reject Products that have been delivered by contacting customer services as set out in clause 14. If we have delivered some of the Products to you, you must post them back to Us in an unused condition and in their original, undamaged packaging.  We will pay the costs of postage so please contact customer services as set out in clause 14 for a returns label.  After cancellation (and return of the Products if applicable) We will refund any sums you have paid to Us for the cancelled Products and their delivery and the provisions of clause 12 will apply where these Products were subject to a promotion when sold.

5. YOUR RIGHTS TO END THE CONTRACT

5.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract if you want to end the contract because:

  1.  what you have bought is not of acceptable quality, is not fit for purpose or is not as described, or has material defects you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all of your money back), see clause 6;

  2. of something We have done or have told you We are going to do, see clause 5.2; or

  3. you have just changed your mind about the Product, see clause 7. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products

5.2 If you are ending a contract for a reason set out at clause 5.2 (a) to (c) below the contract will end immediately and We will refund you in full for any Products which have not been provided and you may also have rights under the CGA. The reasons are:

  1. We have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

  2. there is a risk that supply of the Products may be significantly delayed because of events outside our control; or

  3. you have a legal right to end the contract because of something We have done wrong (including because we have delivered late (see clause 4.8)) in which case you would be required to return the Product to us and we will fund the costs of return (please contact customer services for a returns label as set out in clause 14).

5.3 If you wish to end the contract for any reason set out in clause 5.1, you must let us know by contacting customer services as set out in clause 14. Where you have changed your mind and are cancelling under clause 7, you may use the form referred to in clause 7.1.  Where you end the contract for any reason after Products have been dispatched to you, you must return them to us.  Clauses 6 and 7 include more information about how Products should be returned and who is responsible for paying the costs of return.

6. IF THERE IS A PROBLEM WITH THE PRODUCT

6.1 The CGA provides certain guarantees to consumers (as that term is defined in the CGA). These are subject to certain exceptions. The CGA says your Products must be as described, fit for purpose and of acceptable quality (amongst other rights).  You have legal rights where the Products do not meet these guarantees.  For more information about these rights please visit the Consumer Protection website https://www.consumerprotection.govt.nz/ or call the Consumer Protection helpline on 0508 426 678 (0508 4 CONSUMER).  See also clause 7.

6.2 If you wish to exercise your legal rights to reject Products or to require a failure of the Product to be remedied you must post them back to Us. We will pay the costs of postage or collection.  Please contact customer services as set out in clause 14 for a returns label.

6.3 In addition to your legal rights as referred to in clause 6.1 above, We warrant that on delivery and for the period set out below, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 6.4. Provided that you let Us know by contacting us at 0800 880 209 during the relevant warranty period within a reasonable time of discovery that the Product does not comply with this warranty (giving us as much detail as possible) and you return the Product to Us, We shall (at our option) either repair or replace the defective Product, or refund the price of the defective Product in full. 

Product

Warranty Period (from delivery)

Platinum+ styler

3 years

All other stylers (excluding Platinum+ styler)

2 years

Curlers

2 years

Flight

2 years

Hair dryers (excluding Flight)

1 year

Brushes

6 months

Hair care/styling products

6 months

6.4 This warranty does not apply to any defect in the Products arising from:

  1. fair wear and tear;

  2. wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

  3. if you fail to operate or use the Products in accordance with the user instructions; and

  4. any alteration or repair by you or by a third party.

6.5 This warranty is in addition to your legal rights in relation to the consumer guarantees implied by the CGA.

7. YOUR CANCELLATION RIGHTS

7.1 We operate a 21 day no quibble returns policy under which you have a right to cancel a contract and return any unused Product at any time between the contract being formed and 21 days from the day after you receive your Order. If you wish to cancel the contract, you must:

  1. let Us know by contacting customer services by telephone, letter or contact form (all contact details are set out in clause 14) or by printing this form and posting it to Us at the address on the form;

  2. include details of what you bought, when you ordered or received it and your name and address when you contact Us; and

  3. then return the Products (including their undamaged packaging) to Us within 14 days of letting us know you wish to cancel.

We shall provide you with a refund of the price paid for the Product including delivery costs by the method you used for payment however we may make deductions from the price as set out below.  The refund will be made within 14 days of the date we receive the Products or, if earlier, within 14 days from the date you provide proof of postage to Us. 

7.2 You must pay the costs of return however, please note that where you are returning Products in accordance with clauses 6.1 or 3, or if you are ending this contract in accordance with clause 5.2 We will pay the costs of return.

7.3 If you are exercising your right to cancel under this clause 7:

  1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Products (including their packaging), if this has been caused by your handling them in a way which would not be permitted in a shop. Please note that the reduction in value may be as much as the original price.   For example, use of Our electrical products would not be permitted in a shop and therefore your use of Products in this way prior to returning them under this clause 7 would result in a significant reduction in value.  Also, please note that Our product packaging is valuable and the value of the Product is significantly reduced if this is damaged.  If We refund you the price paid before We are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.

  2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of a product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then We will only refund what you would have paid for the cheaper delivery option.

7.4 This returns policy does not affect your legal rights in relation to the consumer guarantees implied by the CGA (see clause 6.1).

8. GIFT CARDS

8.1 Gift cards are only redeemable for goods on the website and may not be used to purchase further gift cards or exchanged for cash.

8.2 After making a purchase with your gift card no change will be given but any remaining balance may be applied to future purchases.

8.3 Gift cards will expire 12 months from the date of purchase. At expiry, any remaining balance will be lost.

8.4 Gift cards may only be used to buy products from the same ghd country website as the gift card was bought from. For example, a gift card bought on the New Zealand part of our website can only be used to buy goods from the New Zealand part of our website.

8.5 Please protect your gift card and treat it as though it is cash. We cannot be responsible for gift cards that are lost, stolen or damaged.

8.6 If any goods purchased with a gift card are exchanged or refunded, any money owed to you will be added to the balance on a gift card.

9. PRICE AND PAYMENT

9.1 The price of the Products will be the price indicated on the order pages when you place your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see clause 9.3 for what happens if We discover an error in the price of the Product you order or in any promotional discount applied to the Order. Our prices may change at any time, but price changes will not affect Orders that We have accepted.

9.2 All prices include GST. If the rate of GST changes between your order date and the date We supply the product, We will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.

9.3 It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced or promotional discounts may be incorrectly applied. We will normally check prices and promotional discounts before accepting your Order so that, where the Product's correct price (less any promotional discount) at your Order date is less than Our stated price at your Order date, We will charge the lower amount. If the Product's correct price (less any promotional discount) at your Order date is higher than the price stated to you, We will contact you for your instructions before We accept your Order. If We accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and require the return of any Products provided to you.

9.4 Depending on the method of delivery you select or the Products you select, the prices for the Products may exclude delivery costs, which will be added to the total amount due. Please see the “Payment & Delivery” section of the website.

9.5 You must make payment for Products by credit or debit card or, if using Paypal, another method accepted by Paypal. We will collect funds from you when We dispatch the Products, however, We may place a pending payment on your account (including your Paypal account) when you place your Order. Taking payment or placing a pending payment on your account does not constitute acceptance of your Order.

10. OUR LIABILITY TO YOU

10.1 We are responsible to you for reasonably foreseeable loss and damage caused by Us. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a reasonably foreseeable result of Our breaking this contract, but, subject to clauses 2 and 10.3, We are not responsible for any loss or damage that is not reasonably foreseeable.

10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the rights in the CGA to receive products which are: as described and match information We provided to you and any sample or model seen or examined by you; of acceptable quality; and fit for any particular purpose made known to Us.

10.3 We are not liable for business losses. We only supply the Products for private domestic use. If you use the Products for any commercial, business or re-sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you are in trade and you are acquiring the Products in trade (as defined in the CGA), you agree that the provisions of the CGA do not apply and it is fair and reasonable that they do not apply.

10.4 Except as expressly provided in these Terms and except for any condition or warranty the exclusion of which could be void or otherwise contravene the CGA or any other equivalent consumer law in New Zealand, We disclaim all other conditions, warranties and representations, either express or implied with respect to the Products.

11. EVENTS OUTSIDE OUR CONTROL

We are not responsible for delays outside Our control. If Our supply of the Products is delayed by an event outside Our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to end the contract and receive a refund for any Products you have paid for but not received.

12. PROMOTIONS

12.1 The terms set out in this clause apply to all Our offers and promotions and you should read these along with the terms of the specific offer. Where a specific offer says something different to this clause 12, the terms of the specific offer will apply.

12.2 No promotion, discount or promotional code available for redemption on the website may be used in conjunction with another offer or used to purchase gift cards.

12.3 Only one promotional code can be used per Order.

12.4 A promotional code cannot be applied to an Order after it has been placed.

12.5 The post purchase survey (PPS) and product registration (PRD) promotional codes cannot be redeemed via a verified stylist account.

12.6 Discounts do not apply to any delivery charges unless expressly stated.

12.7 Where you return Product to Us and receive a refund for any reason, the refund will be for the price paid, taking into account the offer. This means that you will effectively pay full price for the Products you keep and lose the benefit of the offer.

12.8 Where you receive a free gift with your Order, you must return the free gift if you return the Product(s) which entitled you to a free gift. Where you received a product for free or at a discounted price because you purchased a qualifying product, you must return the free or discounted products when you return the qualifying product.

13. OUR CANCELLATION RIGHTS

13.1 We may end the contract for a Product at any time by writing to you as soon as reasonably possible (and, where (d) or (e) apply, offering you the choice of a refund or an alternative product) if:

  1. you do not make any payment to Us when it is due;

  2. you do not, within a reasonable time, allow Us to deliver the products to you;

  3. We become aware, or reasonably believe, that you are in breach of these Terms;

  4. stock becomes unavailable; or

  5. an event outside of Our control (as set out in clause 11) occurs.

13.2 If we end the contract in the situations set out in clause 13.1 We will refund any money you have paid in advance for Products We have not provided (or release any holding payment placed on your account). If We end the contract in the situations set out in clause 13.1(c), We may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

14. INFORMATION ABOUT US AND HOW TO CONTACT US

14.1 We are a company based in New Zealand. Our registered office is at Level 8, 120 Albert Street, Auckland, New Zealand.

14.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team on 0800 880209 or by e-mailing Us using the contact form on the website.

14.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us via the contact form on the website, by hand or by pre-paid post to the address set out in clause 14.1. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand or by pre-paid post to the address you provide to Us in the Order.

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will use the personal information you provide to Us in accordance with the Privacy Policy set out on the Website.

16. OTHER IMPORTANT TERMS

16.1 We may transfer Our rights and obligations under these Terms to another organisation. We will always notify you in writing if this happens and We will ensure that the transfer will not affect your rights under the contract.

16.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.

16.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining terms will remain in full force and effect.

16.5 If We fail to insist that you perform any of your obligations under these Terms, if We do not enforce Our rights against you or if We delay in doing so that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example if you do not pay and we do not request payment but provide the Products, we can still require you to make a payment at a later date.

16.6 These Terms are governed by the laws of New Zealand and you can bring legal proceedings in respect of the Products in the New Zealand courts.

16.7 If you wish to make a complaint, please email customer-care@ghdhair.com.

 

TEST JEMELLA New Zealand LIMITED (TRADING AS GHD) – PRIVACY AND COOKIES POLICY

LAST UPDATED: December 2015

We regard the privacy of our users as very important and any personal information which you provide to us will be dealt with in accordance with this Privacy and Cookies Policy. This Privacy and Cookies Policy sets out how we use and protect any personal information that we obtain about you through your use of this Site. If you have any questions about this policy or do not agree with it, please contact us by e-mail consumerservices@ghdhair.com.au or on 0800 880 209 before using this Site.

We may change this Privacy and Cookies Policy from time to time by updating this page. You should revisit this page from time to time to re-read this Privacy and Cookies Policy and ensure you are happy with any changes. This Privacy and Cookies Policy is effective from December 2014.

WHAT PERSONAL INFORMATION DO WE COLLECT?

In general, and unless you register with us and create an account, you can use this Site without giving us any personal information. However, we may gather certain (non-personal) information such as records of your activity on the Site without you registering with us and giving us personal information.

Additional services may be available if we have certain information about you and we will collect certain personal information from you when you register with us. We may collect and use the following personal information about you:

  • your name and contact information (including postal address, e-mail address and telephone number) and any other contract details you provide to us;
  • financial information including card payment details;
  • information that you provide when you register and create an account with us;
  • information provided by salons when you purchase a ghd product from that salon,
  • information you provide if you report a problem with our Site;
  • records of any orders for products and/or services that you place through the Site;
  • records of any correspondence when you contact us;
  • records of any ghd competitions or promotions that you enter; and
  • details of your visits to the Site including, but not limited to, traffic data, location data and communication data and the resources that you access.

WHAT DO WE DO WITH THE PERSONAL INFORMATION WE COLLECT?

We use your personal information to provide you with a better service, and in particular for the following reasons:

  • to facilitate use of the products and services we may provide to you;
  • to process and collect payments from you where you purchase products from the Site
  • internal record keeping;
  • to improve our products and services;
  • to improve and personalise your experience when you visit the Site;
  • to advertise certain products which we think you might be interested in to you when you visit the Site or other external sites;
  • to communicate with you by e-mail, telephone or post if you have ordered or purchased products from us, either regarding the order or purchase or other matters regarding transactions between us or your customer relationship or account (if you have one) with us;
  • to contact you regarding any specific enquiry you make;
  • statistical analysis;
  • to contact you by e-mail, telephone or post in order to share information with you about products, services, promotions and events which we believe may be of interest to you or to request your feedback on our products and services from time to time;
  • to carry out direct marketing or e-mail marketing; and
  • to contact you for market research purposes, if you have not objected to such use.  

WHOM DO WE SHARE THIS INFORMATION WITH?

Your personal information will be used for the above purposes by relevant staff of Jemella New Zealand Limited and other companies within the ghd group of companies and by those who support them in their roles. It will also be made available to our authorised service providers who work with us and who perform certain services on our behalf e.g. providing IT support and maintenance, providing customer services, providing hosting services, providing marketing services and providing online payment services. These service providers may have access to personal information needed to perform their functions on our behalf but are not permitted to share or to use such information for any other purpose. ghd may also share limited personal information with other companies within the ghd group of companies e.g. to the extent needed for proper management and parental analysis and decision making.

ghd may also disclose your personal information:

  • In response to a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise its legal rights; to defend legal claims; or as otherwise required or permitted by applicable laws and/or regulations;
  • When ghd believes that disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of ghd, its customers, staff, suppliers or others; to comply with applicable law or co-operate with law enforcement; or to enforce its terms or other agreements; and
  • To prospective or actual buyers in the event that ghd sells any of its business or assets.  

Other than as set out above, we will not transfer, disclose, sell, distribute or lease your personal information to third parties unless we have your permission to do so or are otherwise required or permitted to do so by law.

DIRECT MARKETING AND YOUR PREFERENCES

ghd and (if you agree to our sharing your personal information with them) other members of the ghd group of companies may wish to provide you with information about new products, promotions, special offers and other which may be of interest to you and invite you to take part in market research. This communication may occur by post (unless you have asked us not to do so) and if you agree, by telephone, email or SMS.

ghd will ensure that any direct marketing or market research that you receive or are contacted about by electronic means will include an ‘unsubscribe’ facility, such as a link or an email address to which you can send an opt-out request. ghd and members of the ghd group of companies will stop any marketing to which you object or withdraw your consent to. You can change your mind at any time about marketing by informing ghd using the contact details set out at the top of this notice. In such cases ghd would not necessarily remove all your personal data from its database(s) but would note and respect your changed direct marketing preferences.

HOW TO GET COPIES OF OR AMEND THE INFORMATION WE HAVE COLLECTED

You may request details of personal information which we hold about you at any time. If you would like a copy of the information held on you please contact us at Jemella New Zealand Limited, Level 8, 120 Albert Street, Auckland, New Zealand. If you believe that any personal information we have about you is incorrect or incomplete, please write to or e-mail us as soon as possible. We will correct or update any personal information as soon as possible.

Alternatively, you may correct any inaccuracies in the personal information you have provided to us by signing in to your online account.

SECURITY AND STORAGE

Please remember that the internet is not a secure medium. Communications over the internet such as e-mails are not secure unless they have been encrypted.

We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information we collect online. We use industry standard encryption technologies when collecting or transferring customer credit card information exchanged with our Site server - all your card details are passed from your browser to our secure payment gateway using secure sockets layer (SSL) encryption. Our payment gateway provider use secure sockets layer (SSL) encryption system. All other information transferred is conducted through a secure connection.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. All information provided through the Site, telephone, catalogue and in store is stored on servers located in the European Economic Area (EEA). It will be processed by staff operating in the UK who work for the ghd group of companies. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. ghd will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this Privacy and Cookies Policy.

COOKIES

We use cookies for certain areas of our Site, including but not limited to session cookies, third party cookies and persistent cookies. Cookies are files that store information on your hard drive or browser that mean that our Site can recognise that you have visited the Site before and which are used to facilitate access to the Site, to tailor your experience of the Site and to allow you to move through processes including the payment processes on the Site. They make it easier for you to maintain your preferences on the Site (including by renumbering your log in details when you access restricted areas of our Site), and by seeing how you use the Site, we can tailor the Site around your preferences and measure usability of the Site. Your can find out more information about the different types of cookies at www.allaboutcookies.org. Please refer to the paragraph and link below for further detailed information about the cookies that we use on our Site.

We use cookies to:

  • place advertisements for our products on other external sites. We do this by allowing third parties including Google and Adserve to place cookies on our Site which allows them to identify your visit to our Site and preferences shown whilst on it, and your visits to subsequent third party websites in their adserving network. This allows us to serve tailored advertisements to you on those third party websites based on the information we have collected on your interests whilst you were visiting our Site.
  • help the Site to function correctly and ensure that the ‘add to basket’, navigation and country site settings are maintained.
  • monitor the Site’s performance and ensure that we deliver a fast browsing experience.
  • allow you to share content with social networks, express interest in content and connect with your social media networks.
  • • to allow us to collect anonymous data about Site usage to help us improve the usability, content and user experience of the Site. This includes site analytics cookies such as Google Analytics. We also use Google Analytics to collect information about your online activity on the Site, such as the web pages you visit, the links you click, and the searches you conduct on the Site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the site from and the pages they visited. For more information about the information gathered using Google Analytics please visit  http://www.google.com/intl/en_uk/analytics/tos.html
  • to assess third party conversion by allowing us to collect anonymous data about how our marketing is performing.

Please click here for more detailed information about each type of cookie used on the Site, its purpose and whether it operates as a session or persistent cookie.

Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies.  You may delete or decline cookies by changing your browser settings.  (Click “Help” in the toolbar of most browsers for instructions or review the cookie management guide produced by the Interactive Advertising Bureau – www.allaboutcookies.org.)  If you do so, some of the features and services of the Site may not function properly. To opt out of being tracked by Google Analytics across all Sites visit http://tools.google.com/dlpage/gaoptout.  Your continued use of the Site will be treated as consent to the use of these cookies for the purposes described.

WILL MY PERSONAL DATA BE TRANSFERRED ABROAD?

We may transfer and process your personal information on a server or servers located in Australia, the UK and other countries outside of New Zealand. By using this site and submitting your personal information you consent to this transfer and storage.

If we transfer your personal information to a person, company, office, branch, organisation, service provider or agent in another country, we will make sure that we have appropriate security and privacy measures in place with such third parties covering how they hold and maintain any personal information on our behalf.

GHD ROYAL GIVEAWAY INSTAGRAM COMPETITION

-       The ghd royal giveaway Instagram competition will run from the 6th October 2019 – 29th November 2019. It is a weekly competition which will include the giveaway announcement every Sunday with a new prize giveaway each week. The comp will launch on a Sunday, be available to enter until Wednesday, midnight AEST. The winner will then be selected and announced on Friday every week.

-       The 8-week competition will be available to enter from the 6th October until midnight, Wednesday 27th November 2019 AEST.

-       The winner will be announced on Friday every week for every separate competition announced (11 October, 18 October, 25 October, 1 November, 8 November, 15 November, 22 November, 29 November 2019).

-       The winners will be selected based on a game of skill.

-       The winner’s Instagram profile must be public, and they must be following @ghdhair_anz.

-       The entrants have 4 days each week from the time the competition is announced each week.

-       Winners will only be able to redeem / receive prize at the stipulated ghd expert stockist salon nominated by ghd.

-       Winners need to notify ghd of their nominated preferred date and time for the consultation and collection of their ghd oracle.

-       Giveaways are open to Australian and New Zealand residents only, aged 18 years or over.

-       Prizes will not be sent internationally other than the above stated residential region under any circumstances

-       Nominated entrants have to be nominated in separate comments in order to be included.

-       No businesses allowed to enter for the purposes of reselling for profit.

-       In the spirit of the giveaways, not an opportunity for personal financial gain. Individuals please do not enter for the purposes of re-selling prizes. If you do not need or want the prize for that day, please do not enter, leave it for people who really do want it!

-       Results are final, no conversation will be entered into regarding winners.

-       All entrants must enter following the entrance guidelines, no other forms of entry will be accepted, please contact us if you are having troubles for whatever reason. Will do our best to help but cannot guarantee anything.

-       We acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. You acknowledge that all information and material that you submit to enter this Promotion is submitted to the Promoter and not Instagram and you agree that Instagram shall not be liable to you in any way in respect of this Promotion.

-       By entering the competition each entrant agrees to be bound by these terms and conditions.

-       The winners agree to take part in reasonable post event publicity and to the use of their names and photographs in such publicity.

-       The Promoter will use any data submitted by entrants only for the purposes of running the competition, unless otherwise stated in the entry details. By entering this competition, all entrants consent to the use of their personal data by the Promoter for the purposes of the administration of this competition and any other purposes to which the entrant has consented.

-       The winner will be notified via Instagram on the competition announcement post and on Instagram stories on the 6th August 2019.

-       The winner must send their details to marketing@ghdhair.com.au.

-       The prizes are non-transferrable and no cash alternative will be offered.

10% WELCOME DISCOUNT

This offer is only available to new subscribers and cannot be used in conjunction with any other promotions, offers or discounts. The Welcome Discount excludes eGift cards, the Royal Dynasty collection and the Christmas gift sets.

ghd reserve the right to decline or terminate this offer, at any time.

ghd FRENZY offer

$50 off selected ghd styling tools, includes the ghd gold® styler, ghd max styler, ghd mini styler and ghd air hair dryer.

Must use code GHDFRENZY to redeem offer. Offer valid from 12 November - 14 November, midnight AEST.

This offer cannot be used in conjunction with any other offers or promotions

FREE STYLER CARRY CASE WITH PURCHASE OF ORIGINAL IV STYLER

The free styler carry case will only apply in conjunction with the purchase of a ghd original IV styler.

Offer ends midnight on the 29th of October 2019.

This promotion cannot be used in conjunction with any other offers, including discounts, sale and free gifts.

ghd reserve the right to decline or terminate this offer.

Slavery and Human Trafficking Statement

Introduction from the CEO

As a business we are proud of the steps we have taken to combat slavery and human trafficking in our supply chains and are committed to continuing to take a robust approach to this issue.

We regard slavery and human trafficking as a serious abuse of an individual's freedoms and rights and will not tolerate such abuse, whether in our direct operations, our indirect operations or in our supply chain.

Our Business

We design, manufacture and distribute hair styling products and we are a part of the ghd Group. Our ultimate parent company is Coty Inc, a US company listed on the New York Stock Exchange. ghd has over 700 employees worldwide and operates in countries throughout the world.

Organisation's Structure

  1. Executive Board;
  2. New Product Development;
  3. Marketing;
  4. Logistics;
  5. Manufacturing;
  6. Quality;
  7. People;
  8. Finance;
  9. Legal;
  10. IT;
  11. Digital;
  12. Procurement.

Our Supply Chain

Our supply chain includes outsourced manufacturers based in Europe and the Far East together with specialist component suppliers located throughout the world.

Our Policy on Slavery and Human Trafficking

We are committed to ensuring that there is no slavery or human trafficking in our supply chains or in any part of our business. Our policies reflect our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chain.

Due Diligence Processes for Slavery and Human Trafficking

As part of our initiative to identify and mitigate risk we ensure that all of our key suppliers are regularly audited to ensure adherence to our policies, this is undertaken both on site and remotely using our in house quality team.

We have in place systems to:

  1. identify and assess potential risk areas in our supply chains;
  2. mitigate the risk of slavery and human trafficking occurring in our supply chains;
  3. monitor potential risk areas in our supply chains;
  4. protect whistle blowers.

Supplier Adherence to Our Values and Ethics

We adopt a zero tolerance approach to slavery and human trafficking and to ensure all those in our supply chain comply with our values we have a quality compliance programme in place. This programme includes regular supplier assessments to ensure adherence to these requirements.

Our Effectiveness in Combating Slavery and Human Trafficking

We ask each of our key suppliers to complete a questionnaire to enable us to understand their operating practices. We seek full compliance with our policies, particularly in relation to labour matters. To ensure continuing adherence to our policies on an annual basis a selection of suppliers are then audited. Should deficiencies be identified at any point we insist that an improvement programme to be put in place.

This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our Group's slavery and human trafficking statement.

Jeroen Temmerman

CEO

ghd

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