Au Natural Skinfood

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TERMS & CONDITIONS

Use of Website Subject to Terms and Conditions

Your access to and use of our website for the purchase of Au Natural Skinfood Kits, Products and Services is subject to the below terms and conditions:


By using our website, you confirm that you have read, understood, and accepted these terms and conditions, and that you agree to be bound to them.

Membership

Your membership constitutes an order for an ongoing, regular purchase with delivery of the Au Natural Skinfood selected products; and will subject to your rights to edit and cancel, or continue indefinitely as set out in these terms and conditions.

Subscriptions

Subscriptions are recurring orders. You have the right to edit items, change shipping dates, change addresses and payment methods, or cancel any subscription at any time.
Au Natural Skinfood offer two subscriptions;

    • Renewing every month
    • Renewing every two months


Your subscriptions renew, depending on the plan you choose from the date you subscribed, and you will be invoiced as per your selected plan.

You can choose to have one or multiple ‘subscriptions’ added to your Membership each with its own regular delivery of your selected Au Natural Skinfood products.

By creating a subscription, you authorise Au Natural Skinfood to charge your nominated payment method associated with your subscription on an ongoing basis until you terminate your subscription. The name that will appear on your Nominated Card statement will be Au Natural Skinfood.

EDITING SUBSCRIPTIONS

You can edit the products and other details in your subscriptions at any time. The cut off for the changes is mid night (2400hr) the day before the next delivery date. The changes will take effect on the next renewal date.

The changes to your subscriptions include:

    • Adding new products
    • Removing existing products
    • Change shipping address
    • Change the payment method
    • Change the next delivery date


Dispatch of all orders are made on business days.
You can remove products independently of your subscription. However, a subscription always requires one product to keep it active.
Your products will be automatically removed if the associated subscription is cancelled.
The change to the delivery date for the subscription applies to all the products associated with that subscription.

BRING FORWARD OR POSTPONE DELIVERY

You can bring forward your delivery date up to the next day from the time the changes are made.

You can choose to postpone your delivery up to a maximum of six (6) months from the time the change is made.  

MULTIPLE SUBSCRIPTIONS

You can have multiple subscription added to one account, if the new subscriptions are within the same shipping zone (Zones – ANZ domain: NZ, Australia & US domain: USA and rest of the world).

Subscriptions are not combined based on the delivery addresses or delivery dates unless you chose to do so.

Each subscription will have its own cycle. Each will be charged immediately when created and products will be dispatched immediately.  The renewal and deliveries will be either every four weeks or eight weeks. Each renewal delivery will be charged at the time of the renewal.

 

AU NATURAL SKINFOOD DISCRETION

Au Natural Skinfood has the absolute discretion to refuse subscription application of a potential Customer for any reason whatsoever.

Au Natural Skinfood has the absolute discretion as to whether an order placed on its website is accepted and fulfilled.

Au Natural Skinfood may cancel an order for any reason whatsoever; and may, at its absolute discretion, suspend or terminate a subscription or the ability of any Customer to order through the website for any reason whatsoever.

 

CUSTOMER LIABLE FOR EVERY SUBSCRIPTION, INVOICE AND WEBSITE ORDER

You are liable for all invoices associated with your active Subscription and every order made under your login which has not been removed, cancelled, or paused, pursuant to these terms and conditions.

 

TRADE NOT SUPPLIED

Unless otherwise agreed, you may not purchase a Subscription or any products through the Au Natural Skinfood website for the purpose of resale.

CANCEL OR TERMINATE SUBSCRIPTIONS

Your right to cancel

You can cancel your Subscription at any time via your online account. The cut-off day and time for cancelling is midnight (24:00) the day before your next renewal.

There is no fee or charge to cancel, and you will only be liable for any balance outstanding on any product that you have already been sent and not fully paid.

Right to cancel in certain circumstances

Either party may cancel this agreement immediately on notice to the other if the other:

being a company:

  • goes into liquidation (otherwise than for the purpose of a reconstruction approved by the Company); or
  • has a receiver or statutory manager appointed; or
  • goes into voluntary administration; or


being a natural person:

  • dies; or
  • commits any act of bankruptcy; or
  • commits any criminal offence punishable by imprisonment; or
  • proposes or enters into any scheme of arrangement or composition with its creditors; or
  • fails to pay an amount due under this agreement within 7 days of the due date; or
  • breaches any other term of this agreement and, where the breach is capable of remedy, fails to remedy the breach within a reasonable time of receipt of notice to remedy.

Cancellation does not relieve parties from liability up to termination date

Termination of this agreement does not relieve the parties from liability under this agreement up to the time of termination, nor does it relieve either party of any obligation to pay any money owed by them to the other party on any account whatsoever. You agree that we can continue to market our products and services to you after termination unless you advise us that you do not wish to receive any further material from us.

AU NATURAL SKINFOOD’S RIGHT TO SUSPEND

If your account has not been paid in full before the time of your next delivery, or a Customer’s bank declines payment on a Customer’s bank card and as a result money is owing to Au Natural Skinfood, then Au Natural Skinfood reserves the right to suspend the Customer’s ability to place further orders on the Website until such time as the outstanding balance has been paid in full.

NO WAIVER OF AU NATURAL SKINFOOD’S RIGHTS

Au Natural Skinfood’s failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.

NO WAIVER OF AU NATURAL SKINFOOD’S RIGHTS

Au Natural Skinfood’s failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.

Pricing and Payment

PRICING

Prices for USA, Australia and other countries exclude tax (although sales tax may be added on in the cart to comply with local sales tax rules). The prices of New Zealand Subscriptions are inclusive of GST. The prices of Subscription, add-ons, products and shipping are listed on the website.

Orders of products and subscriptions will be charged a shipping fee, dependant on the delivery address and displayed in your shopping cart prior to order confirmation.
Prices are displayed in US dollars (USD) and New Zealand (NZD), Australian (AUD) and processed in these currencies at check out. The determination of the currency for check out is set by your delivery address.

Au Natural Skinfood reserves the right to change the prices from time-to-time during the term of this agreement. We will notify you of a price increase by e-mail at least two months before your Subscription renewal date.

INTERNATIONAL ORDERS

Au Natural Skinfood does not directly sell certain Au Natural Skinfood products in any jurisdiction other than in New Zealand and United Sates of America, as these products may not be approved for sale in other jurisdictions. While Au Natural Skinfood may choose to accept orders for the purchase of its products from outside these countries, the acceptance of such orders and the sale of such products will be subject to the following conditions:

You agree that the purchase of any Au Natural Skinfood products by you, shall be (i) ex works Au Natural Skinfood facilities in the New Zealand per Incoterms 2010, with all title risk and loss in the products passing to you in the New Zealand; and (ii) for your own personal use only and not for further resale or distribution in any manner;

  • You hereby expressly authorize and direct Au Natural Skinfood to load and ship the purchased products to your shipping address, and to contract on your behalf with a courier company for that purpose; and
  • You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties and import requirements from Au Natural Skinfood facilities in the New Zealand to your foreign shipping address.

 

INVOICING

Au Natural Skinfood will invoice you via email.

PAYMENT

1. Subscriptions
Each Subscription has a one-month renewal or a two-month renewal and delivery cycle with payment made on placement of your Subscription order.
The payment is invoiced every time the subscription renewed, based on the value of the subscription on the renewal date. The payment will be invoiced and deducted (or, debited) from your Nominated Card on placement of your Subscription order and prior to dispatch of your selected subscription products.

2. Method of payment
You must pay Au Natural Skinfood for the Subscription/s and Products purchased by Nominated Card (Visa, Mastercard or American Express). The website does not accept any other form of payment.

3. Payment by credit card declined

If your Nominated Card is declined by its financial institution or fails to process for a subsequent Subscription renewal:

  • Any account balance will immediately be due and payable to us in full;
  • we may contact you by your supplied email immediately to inform you of payment issue;
  • we may attempt to process any failed debit again and contact you via supplied email of the payment issue;
  • we can exercise any other right given to us by law or in this agreement to collect your Balance from you;
  • Au Natural Skinfood may decline to deliver the relevant order; and/or
  • Au Natural Skinfood will contact you to make alternative payment arrangements.


Au Natural Skinfood reserves the right to refuse to accept payment from any Customer by Nominated Card for any reason whatsoever.

4. Adjustments
If you are invoiced an incorrect amount for any product ordered, Au Natural Skinfood shall be paid by, or refund to, you the necessary adjustment amount to reflect the correct amount which should have been invoiced. We will refund you by either crediting your Nominated Card or alternatively crediting your account balance in your online account.

5. Debt collection

You are liable for all costs associated with debt collection where you default in payment for any order.

Product Availability and Quantity

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PRODUCT AVAILABILITY

Au Natural Skinfood will make every effort to fulfil orders placed with the Website, however we will not be liable or have no liability to any person if we are unable, or decline, to supply Product for any reason whatsoever, other than to refund the amounts paid in respect of the Product.

Au Natural Skinfood may delay dispatch of orders due to stock availability.

PRODUCT QUALITY

In establishing that a Product was damaged on delivery to you, we may require photographic evidence and/or a sample of the damaged Product.

If Au Natural Skinfood agrees that a Product was delivered to you in a damaged condition, Au Natural Skinfood shall, at your request, credit the value of the relevant Product to you. We will credit you by either crediting your Nominated Card or alternatively crediting your account balance in your online account.

DELIVERY

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DELIVERY AREAS
Please refer to Au Natural Skinfood’s shipping information pages for confirmation of Au Natural Skinfood delivery fees and surcharges. As part of the Au Natural Skinfood ordering and registration process, we use Google address checker to confirm your delivery address. Specific delivery locations are accepted based on the Google presented delivery address and so it is important that you check this address information. If we do not display your correct address, please email our customer support so we can correct this for you. If you do not, then we may not be able to deliver to you.

DELIVERY AND LIABILITY
Deliveries will, subject to these terms and conditions, be made to the Delivery address as provide by you during registration. Au Natural Skinfood shall be entitled to commission third parties to make delivery.
Au Natural Skinfood shall be entitled to assume that any person accepting delivery of the Products is either the Customer or someone that is authorised to do so on behalf of the Customer.

ACCESSIBILITY, SAFETY AND DEEMED DELIVERY
You must ensure that your Delivery Address is easily accessible to Au Natural Skinfoods’ delivery person, and that it is safe for our delivery person to enter your premises to complete the delivery. If in our delivery person’s opinion, the Delivery Address is not easily accessible, or it is unsafe to deliver the Kits or Products, you will be contacted to make alternative arrangements. We reserve the right to charge you an additional fee in respect of any deliveries repeated in accordance with this clause. If alternative arrangements acceptable to Au Natural Skinfood are not reached, we will be relieved of our obligation to deliver the products, but you will be liable for payment for it in full as if you had received the products.
In the situation where it is safe to complete delivery but there is no person is present at the Delivery Address at the time of delivery, or you or any other person fails or refuses to take delivery of the product, the product will be left at the Delivery Address and be deemed to have been delivered at that point in time.
In either case, Au Natural Skinfood will contact you (via phone, text, email or your online account) to advise you of the situation.

CHANGE OF ADDRESS
You must notify Au Natural Skinfood immediately of a change to your delivery address. You can alter the Delivery Address at any time online in your account up to midnight (24:00) the day before your delivery.

DELAYS TO DELIVERY
Au Natural Skinfood always aims to deliver on time but may from time to time be delayed and shall not be liable for failure to deliver on a timely basis.
If Au Natural Skinfood considers that the delivery of your order is likely to be substantially delayed, Au Natural Skinfood will contact you (via phone, text, email or your online account) to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and Au Natural Skinfood will credit you with the cost of that Product or Products. We will credit you by either crediting your Nominated Card or alternatively crediting your account balance in your online account.

INCORRECTLY OR UNDELIVERED PRODUCTS
If any Product Subscription delivered does not correspond with a Product or Subscription ordered, you can:

  • keep the incorrectly delivered Product or Subscription, in which case no adjustment will be made to the payment due from you for the order containing the incorrect Product or Subscription; or
  • reject the incorrectly delivered Product or Subscription

In the case of an incorrectly delivered Product, Au Natural Skinfood will refund the value of the Product that was originally ordered; and

  • in the case of an incorrectly delivered Subscription, Au Natural Skinfood will at its option either replace that Subscription within a reasonable time or refund the value of the Subscription that was originally ordered.
  • We will refund you by either crediting your Nominated Card or alternatively crediting your account balance in your online account.

If you choose to reject an incorrectly delivered Subscription Au Natural Skinfood reserves the right to collect the incorrectly delivered Subscription from you. If you are unable, or refuse, to deliver up the Subscription when requested, or deliver the Subscription in a different state (e.g., with some Products missing or Products used) than the state in which it was delivered to you, Au Natural Skinfood reserves the right to charge you for that Subscription.

Ownership and Risk

RISK PASSES ON DELIVERY
Ownership, responsibility and risk in the Products shall pass to the Customer on delivery to the Delivery Address.

Warranties

WARRANTIES LIMITED
You have statutory rights under the CGA and FTA that cannot be excluded or limited in any way, subject to those rights all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by or on behalf of any member of Au Natural Skinfood other than the express provisions of these terms and conditions. You must ensure that the Products are not used for any purpose for which they are not suitable, and you are responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that Au Natural Skinfood does not assume any obligation or liability for any advice given, and that all such Products are accepted by you entirely at your risk.

Liabilities and Indemnity

PRODUCT LIABILITY
Under the CGA and FTA Au Natural Skinfood’s liability to you cannot be excluded or limited in any way. Subject to the CGA and FTA the liability of Au Natural Skinfood whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Au Natural Skinfoods’ obligations relating to the Products hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.

NO LIABILITY FOR INDIRECT LOSS
You have statutory rights under the CGA and FTA to recover compensation for consequential loss arising from a breach of the CGA or FTA, these rights cannot be excluded or limited in any way. Subject to the CGA and FTA Au Natural Skinfood shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Website, or the delivery or failure to deliver any Products.

Intellectual Property

ALL INTELLECTUAL PROPERTY OWNED BY AU NATURAL SKINFOOD
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Website and its contents and all Recipes is owned by, and shall at all times remain the exclusive property of, Au Natural Skinfood, its licensors and the providers of any other products and services accessible through the Website, and is protected by New Zealand and international law.

Force Majeure

EFFECT OF FORCE MAJEURE
If the performance by Au Natural Skinfood of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Au Natural Skinfood) Au Natural Skinfood shall be excused from such performance to the extent of such prevention.

Privacy

COLLECTION OF INFORMATION
The Website contains applications which collect personal information about you. Au Natural Skinfood will only use this information to the extent authorised by you and will only disclose it in the manner set out below.
In using the Website, you authorise Au Natural Skinfood to collect, retain and use your personal information for the purposes of:

• processing your registration application.
• assessing your creditworthiness.
• undertaking any dealings or transactions with you;
• enforcing any legal or other rights Au Natural Skinfood may have against you in any manner that Au Natural Skinfood sees fit;
• sending you any advertising or promotional material; and
• enhancing the Website so that Au Natural Skinfood may offer you a better, more personalised and tailored service.

COLLECTION FROM OTHER SOURCES
In using the Website you further authorise Au Natural Skinfood to collect personal information about you from any other source available to Au Natural Skinfood including but not limited to credit referral agencies, your bank, any other suppliers of products and services to you and other persons or companies with whom you have been associated. Refer full Privacy Policy

AU NATURAL SKINFOOD’S RIGHT TO REFUSE APPLICATION
If enough personal information is not supplied, or is not satisfactory to Au Natural Skinfood, then Au Natural Skinfood reserves the right to refuse to accept your application to register to use the Website or to make orders.

AU NATURAL SKINFOOD’S USE OF COOKIES
The Website may use ‘cookies’. Cookies are an element of data that the Website can send to your browser, which may then store it on your system. To use the Website, you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
The Website may from time to time use, Google Display Advertising services. In this context, Au Natural Skinfood may from time to time use Google Analytics cookies for AdWords Remarketing – displaying Au Natural Skinfood advertisements on the Google Display Network based on visitors’ interactions with the Au Natural Skinfood website. No personally identifiable data is collected for this advertising. Visitors can opt out of Google Analytics for Display Advertising and customise Google Display Network ads using Google’s Ads Preferences Manager. Visitors can also opt out of visit information being collected by Google Analytics on all websites by using the Google Analytics Opt-Out Browser Add-On. Refer full Cookie Policy

Information Retained by Au Natural Skinfood

Any personal information supplied by you may be retained by Au Natural Skinfood until such time as you request that the information be removed.

DISCLOSURE
Any personal information supplied by you and retained by Au Natural Skinfood may be disclosed to other persons or body corporates engaged by Au Natural Skinfood for or in relation to any of the purposes listed in clause 28 above, including but not limited to:
• Research and/or marketing firms.
• Credit referral agencies.
• Business advisors.

Au Natural Skinfood may also disclose aggregated user statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.

STORAGE OF PERSONAL INFORMATION
Au Natural Skinfood has taken many steps, from both technical and systems perspectives, to ensure that your information is well protected. However, it is important that you remember to never share your Login with any other person.
While Au Natural Skinfood endeavours to keep your personal information collected on the Website secure and confidential, Au Natural Skinfood shall not be responsible for any breach of security caused by third parties, nor represents that the Website is completely secure.

YOUR RIGHTS OF ACCESS
You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information held by Au Natural Skinfood. If you do so, you agree to pay Au Natural Skinfood the reasonable charges requested by Au Natural Skinfood in relation to time and attendances involved in complying with your request in this regard.
Access to your personal information held by Au Natural Skinfood is available to you in the “Members Login” area of the Website. You can change or update your personal information at any time in the “Members Login” area of the Website.

Website Content and Use

LINKS TO THIRD PARTY WEBSITES

Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Au Natural Skinfood. Au Natural Skinfood does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a “third party website” is any website other than the Website.

SECURITY OF INFORMATION
Au Natural Skinfood shall use its reasonable endeavours to prevent any unauthorised entry into the Website. However, Au Natural Skinfood will not be liable for any direct or indirect damage or loss whatsoever if any third-party gains unauthorised access.

LOGIN
You must keep your Login details safe and confidential at all times.

SITE CONTENT
While Au Natural Skinfood has endeavoured to ensure that the information provided on the Website is free from error, Au Natural Skinfood does not warrant its accuracy, adequacy or completeness, and Au Natural Skinfood shall not be responsible or liable for any error in, or omission from, the information provided on the Website.
We reserve the right to make changes to the information provided on the Website at any time and without notice.

USE OF THE SITE
You agree not to use the Website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the Website for your own personal use but otherwise neither the Website, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Au Natural Skinfoods’ prior written consent. You agree that you will not interfere with any other party’s use and enjoyment of the Website, or damage the operation of the Website, or Au Natural Skinfoods’ systems or those of other persons who use the Website, whether by way of a virus, corrupted file, any other software or program, or otherwise.

INDEMNITY
Notwithstanding any other term, you agree to indemnify Au Natural Skinfood against all liabilities, losses, claims and expenses suffered or incurred by you, and all claims and demands made against Au Natural Skinfood, arising directly or indirectly out of your use of the Website, in breach of these terms and conditions.

Variation of Terms and Conditions

VARIATION OF TERMS AND CONDITIONS
From time to time we may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the Website after the terms and conditions have been changed indicates your acceptance of those changes.

AU NATURAL SKINFOOD RESERVES THE RIGHT TO MAKE IMPROVEMENTS TO TERMS AND CONDITIONS
Au Natural Skinfood Online reserves the right to make improvements or changes to these Terms and Conditions at any time (including without limitation the correction of errors, omissions, inaccuracies or ambiguities and to meet legal or regulatory requirements). If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Notice

HOW CAN YOU GIVE US NOTICE
You can give us notice under these terms and conditions via the “Members Login” section on the website
HOW WILL WE GIVE YOU NOTICE
We will give you notice by phoning, emailing and or texting you.

Governing Law

NEW ZEALAND LAW GOVERNS
New Zealand law governs the use of the Website and these terms and conditions.

Definitions

“this Agreement” means the agreement made when we accept an order from you to purchase Kits, the terms of which are set out in your order and these terms and conditions.

“business days” exclude Saturdays and Sundays, New Zealand (national) public holidays and all days between Boxing Day and the day after New Year’s Day

“Subscriptions” means a delivery of products and associated reusable packaging to match the relevant Subscription, which are able to be ordered via the Website and includes Add-Ons.

“CGA” means the Consumer Guarantees Act 1993.

“Customer”, “you” and “your” means you and any other person who registers, and/or orders a product, under your Login.

“Delivery Address” means the address specified by you on registration or updated by you in your account as at midnight (24:00) the day prior to your scheduled renewal.

“Add-Ons” means additional products or combinations of products which are offered by Au Natural Skinfood that you may select to add to your recurring monthly Subscription and are delivered at the same time as your associated Subscription.

“FTA” means the Fair-Trading Act 1986.

“GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

“Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) copyright in brands/logo’s and formulations.

“Login” means your personal email address and password used to access the Website under your registration.

“Au Natural Skinfood” “we”, “us” and “our” means Au Natural Skinfood Limited, which is the seller of the Products and the Kits and the owner of the Intellectual Property and includes its related companies, directors, officers, employees or agents.

“Nominated Card” means a debit or Nominated Card account in your name, nominated by you in the Members Login Portal to be debited and credited with amounts in accordance with this agreement.

“Membership” means when you have an active Subscription to a subscription.

“Membership Rules” means the rules set out in clause 2 as updated and/or amended from time to time.

“Products” means the skincare products such as cleanser, brightening mist toner, moisturiser and any other products from time to time included in Kits, and sold via the Website.

“The Website” means this internet site and the Au Natural Skinfood app owned by Au Natural Skinfood, being the medium by which you subscribe to receive Kits.

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