TERMS AND CONDITIONS OF SALE
1.1 When the following words with capital letters are used in these Terms, they have the meaning set out below:
(a) New Zealand Consumer Law: means the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
(b) Order: your order for the Products via the website;
(c) Products: the goods and/or gift cards that We are selling to you;
(d) Special Terms: any additional terms and conditions that apply to your Order, as notified by Us during the order process;
(e) Terms: the terms and conditions set out in this document and any Special Terms; and
(f) We/Our/Us: Jemella New Zealand Ltd , trading as ghd, of BDO Auckland, Level 4, BDO Centre, 4 Graham Street, Auckland, 1010.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Products to you. By using our website and/or placing an order for one or more Products through our website, you agree (i) to be bound by and comply with these Terms; and (ii) that you’re purchasing this product for private domestic use (that is, you are not in trade or in business and you are not purchasing the products for commercial or business purposes).
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 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.
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. These Terms will apply to any Order that you place while these Terms are current on Our website.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 7.
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 an 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 any reasonable storage costs and any further delivery costs. If, despite our reasonable efforts, We are unable to contact you or re-arrange delivery or collection 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 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.
4.7 If you have not received your Order within 7 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 7 days of dispatch, Our legal obligation is to deliver Product within a reasonable time, or within any timeframe that we have indicated to you at the time of purchase. If We miss this delivery deadline, or any other deadline that We agree with you, then you have rights under the New Zealand Consumer Law including that 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.
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 because:
(a) what you have bought is faulty or misdescribed 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;
(b) you want to end the contract because of something We have done or have told you We are going to do, see clause 5.2; or
(c) 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 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 be entitled to compensation. The reasons are:
(a) 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;
(b) there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
(c) 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 as set out in clause 14 for a returns label).
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.
IF THERE IS A PROBLEM WITH THE PRODUCT
6.1 The New Zealand Consumer Law confers rights, guarantees and remedies on you in relation to the provision by us of products, which cannot be excluded, restricted or modified. These include that you are 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 failure of a substantial character. If the failure amounts to that of a substantial character, you are entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage. Nothing in these Terms will affect these legal rights.
6.2 In addition to your legal rights as set out in clause 6.1 above and without limiting these rights, 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 and We shall not be liable in the circumstances described in clause 6.3. Provided that you let Us know by contacting us at 1300 443 424 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.
Warranty Period (from delivery)
All other stylers (excluding Platinum+ styler)
Hair dryers (excluding Flight)
Hair care/styling products
6.3 This warranty does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions; and
(d) any alteration or repair by you or by a third party.
6.4 This warranty is in addition to your legal rights in relation to the consumer guarantees implied by the New Zealand Consumer Law. Our goods come with guarantees that cannot be excluded under New Zealand Consumer Law.
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 (as described above in clause 2) and 21 days from the day after you receive your Order provided that the Product has not been used or damaged and the packaging of the Product has not been opened or damaged. If you wish to cancel the contract, you must:
(a) let Us know by contacting customer services by telephone, letter or email (all contact details are set out in clause 14);
(b) include details of what you bought, when you ordered or received it and your name and address when you contact Us; and
(c) then return the Products (including their unopened and 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 reasonable 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 that are faulty and misdescribed in accordance with clause 6.1 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:
(a) 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.
(b) 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 faulty or misdescribed Products (see clause 6.1)
8.1 Gift cards are no longer issued by Us. 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 or refunded to you.
8.3 Gift cards will expire 3 years 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 refunded to you.
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 on the New Zealand website are in New Zealand dollars and are inclusive of all applicable taxes, including GST.
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 the prices for the Products may exclude delivery costs, which will be added to the total amount due prior to you making payment for the Products. 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 despatch 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.
OUR LIABILITY TO YOU
10.1 Subject to clauses 10.2 and 10.3 if We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence in each case up to the value of the applicable Order, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and Us at the time we entered into the contract.
10.2 In addition to clause 6.1 above, We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability under the New Zealand Consumer Law.
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.
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 New Zealand Consumer Law or any other equivalent competition or consumer law in the New Zealand (Non Excludable Condition), We disclaim all conditions, warranties and representations, either express or implied with respect to the Products.
10.5 Subject to any warranty provided by Us and clause 6.1, to the fullest extent permitted by the New Zealand Consumer Law or any other equivalent competition or consumer law in New Zealand, Our liability for a breach of a Non-Excludable Condition (at our election) is limited to the replacement of the Products, supplying equivalent Products, payment of the cost of replacing the goods or of acquiring equivalent Products or the payment of the cost of having the Products repaired.
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 per clause 14 to end the contract and receive a refund for any Products you have paid for but not received.
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 Discounts do not apply to any delivery charges unless expressly stated.
12.6 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.
12.7 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.
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:
(a) you do not make any payment to Us when it is due and we have notified you of this in writing;
(b) you do not, within a reasonable time, allow Us to deliver the products to you;
(c) We become aware, or reasonably believe, that you are in breach of these Terms;
(d) stock becomes unavailable; or
(e) 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.
INFORMATION ABOUT US AND HOW TO CONTACT US
14.1 We are a company based in New Zealand. Our registered office is BDO Auckland, Level 4, BDO Centre, 4 Graham Street, Auckland, 1010.
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 1300 443 424 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.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
16.1 We may transfer Our rights and obligations under these Terms to another organisation and We will always tell 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 in accordance with your Order, 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. You and We both agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.