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Terms and Conditions

ADVANCED SKIN TECHNOLOGY NZ LTD (Company Number 1884041) including any of its subsidiary companies (AST) will supply goods and services (Goods) in accordance with the following terms and conditions (Terms).

Please take a moment to review the following terms and conditions governing the use of this website. By browsing the Aspect Skincare Website (Website) or making a purchase of any Goods from the Website, you agree to abide by these Terms, which may be updated periodically. Aspect Skincare is a brand portfolio owned and distributed by AST. AST is a subsidiary of Device Technologies New Zealand Limited (Company Number 1020095).

 

INTERPRETATION

In these Terms:

Business Day means a day in in which banks are open for business in Auckland, New Zealand and specifically excludes Saturdays, Sundays and Public Holidays;

Company has the meaning as set out in section 2 of the Companies Act 1993 (NZ);

Consumer Law means Consumer Guarantees Act 1993 (NZ) and Fair Trading Act 1986 or Schedule 2 of the Competition and Consumer Act 2010 (Cth);

Goods means any goods, which may or may not be classified as Medical Devices supplied by AST.

Intellectual Property Rights means proprietary rights created by statute and include copyright, patents, trademark and designs.

Purchaser means the purchaser of the Goods who may or may not be a Consumer as defined in section 2 of the Consumer Guarantees Act 1993 (NZ).

SKINsational Program means the loyalty program offered by AST with the Terms and Conditions set out in Appendix A.

Terms means these terms and conditions of sale as amended from time to time.

Website means the internet-based portal that AST uses to provide information about it as a Company and to provide access to its digital services including sale of goods.

Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding or modifying any condition, warranty, guarantee, right or remedy implied by law (Including the New Zealand Consumer Law) and which by law cannot be excluded, restricted or modified.

  1.  

    GENERAL

    1. The Goods and all other products and services sold and/or provided by AST are supplied in accordance with these Terms.
    2. These Terms (which may only be waived or amended in writing and signed by AST) will to the extent of any inconsistency prevail over all and any terms or conditions of the Purchaser’s order.
    3. Terms relating to the SKINsational Program are detailed in Appendix A.
    4. AST reserves the right to update or remove content published on the Website and to amend these terms from time to time. Every time a Purchaser wishes to use the Website to place an order, it is the responsibility of the Purchaser to check the Terms to ensure the Purchaser understands the terms that apply at that time.
    5. If the Purchaser accesses the Website, including for the purchase of Goods, the Purchaser is responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions, noting these Terms are based on transactions occurring within New Zealand.
    6. The Purchaser agrees to be bound by these Terms by accessing the Website and placing an order with AST.
    7. No right, title, interest or license in any of AST’s intellectual property is granted to the Purchaser unless specifically stated in writing from AST.
    8. Nothing contained or implied in these Terms will create a joint venture, partnership or principal and agency relationship between AST and the Purchaser.
    9. The Purchaser agrees that:
      1. a) the Goods will only be supplied to Purchasers within New Zealand;
      2. b) the Goods will not be sold to any Purchaser, individual, individual or retail agent, or any other entity situated outside of New Zealand; and
      3. c) the Purchaser will not supply the Goods for onward sale or supply, including but not limited to any form of sub-distribution.
    10. AST may modify these Terms from time to time in its sole discretion by updating the Terms on this Website. The “Modified” date at the top of these Terms will indicate when the latest changes were made. An order which occurs following the posting of a new version constitutes the Purchaser’s acceptance of the version that is current at the point of the Purchaser placing the order.
    11. AST does not guarantee that the Website will be secure or free from bugs or viruses or any other type of malicious code or software.
    12. Purchasers are responsible for configuring their technology to access the Website. Purchasers should use their own antivirus software while using the Website.
  2.  

    ONLINE ORDERS

    1. Pricing of select Goods will be provided on the Website.
    2. Purchasers will have the option to purchase the Goods directly from the Website.
    3. AST reserves the right to correct any errors, inaccuracies or omissions, and to change or update information, or cancel orders if any information on the Website is inaccurate at any time without prior notice to the Purchaser.
    4. In order to submit an order for the Goods through the Website, the Purchaser may create and subsequently log in to an account on the Website.
    5. By creating an account, the Purchaser agrees to providing Purchaser information, including but not limited to the Purchasers name (or Company name), a contact number, email address and address for delivery. This information will be subject to AST’s Privacy Policy which can be accessed at Aspect Skincare Privacy. Any account on the Website must only be created by a person with the capacity to contract who should be over the age of 18 years old or have the express permission from a parent or guardian.
    6. When placing an online order for the Goods, Purchasers will be required to confirm:
      1. a) that they have read these Terms and that they agree to be bound by them;
      2. b) that all details of the order are complete and accurate;
      3. c) that the Purchaser resides in New Zealand;
      4. d) that the Goods will not be on sold or exhibited or passed off as products of a third party for sale; and
      5. e) that the Purchaser is at least 16 years old for the purpose of obtaining Personal Information under the Privacy Act 2020 (NZ).
    7. All orders placed with AST on the Website are an offer of purchase and are subject to acceptance by AST.
    8. AST’s acceptance of the Purchaser’s order takes place when AST provides communication to the Purchaser accepting the order (Order Confirmation), at which point and on which date (Commencement Date) the contract between AST and the Purchaser will come into existence. The contract will relate only to those Goods confirmed in the Order Confirmation. All transactions entered into on the Website will be treated by AST as genuine and valid orders, and AST accepts no responsibility or liability for transactions or representations made by any user that does not have appropriate permissions or authority to enter into the transactions.
    9. If AST are unable to supply the Purchaser with the Goods for any reason, AST will inform the Purchaser of this by email and will not process the order. If the Purchaser has already paid for the Goods, AST will refund the Purchaser the full amount paid by the Purchaser for the relevant Goods. The refund will be processed using the same payment method used to make the purchase.
    10. Orders may not be modified or cancelled by the Purchaser once processed.
  3.  

    PRICES

    1. AST will display the prices for the Goods on the Website.
    2. All prices quoted on the Website are exclusive of all taxes, insurance and transport which will be the sole responsibility of the Purchaser, unless otherwise agreed in writing.
    3. All Prices are displayed in New Zealand Dollars (NZD).
    4. All pricing on the Website is subject to change without notice.
  4.  

    PAYMENT

    1. Purchasers should check the order carefully before continuing to payment as it is the responsibility of the Purchaser to ensure an order is complete and accurate.
    2. To order Goods from the Website, Purchasers have the option to either create an account (in accordance with clause 2.4) and log in to this account to place an order, or they can proceed as guests without creating an account. Guests placing orders will receive the same information as account holders and are subject to the same Terms. All payments must be made in advance via the payment options and gateways provided on the Website. Payment gateways may or may not attract additional charges. Any additional fees or charges will be shown and will require acceptance on checkout by the Purchaser for the order to be processed.
    3. Once payment has been processed an Order Confirmation will be shown on screen.
  5.  

    DELIVERY

    1. AST only delivers to addresses in New Zealand.
    2. AST will use a third-party delivery service to deliver the Goods to the Purchaser.
    3. The Goods will be deemed to be delivered to the Purchaser at the time the Goods arrive at the Purchaser’s premises or AST receives notification from the third-party delivery service that such delivery has been completed. AST may arrange for transport of the Goods to an alternative destination nominated by the Purchaser and the cost of such transport will be added to the price of those Goods.
    4. Goods are at the Purchaser’s risk from the time of delivery.
    5. AST will not be liable for any loss occasioned by delay in delivery of and/or the procuring of Goods, whether consequential or otherwise.
    6. If the Purchaser disputes proof of delivery, details of this dispute must be provided in writing to AST within seven (7) Business Days of delivery.
  6.  

    RETURNS AND WARRANTIES

    1. The Purchaser must inspect the Goods as soon as is reasonably practicable after delivery.
    2. AST’s Returns Policy can be accessed at: Aspect Skincare Returns and this governs all warranty, returns or exchanges of Goods.
  7.  

    RELIANCE ON INFORMATION ON THIS WEBSITE

    1. This Website is provided on an 'as is' and 'as available' basis, and AST make no representations or warranties, express or implied, regarding the operation or availability of the Website.
    2. The content on this Website is provided for general information only. It is not intended to amount to advice on which any user of the Website, including any Purchaser of the Goods, should rely.
    3. Although AST make reasonable efforts to update the information on the Website, AST makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
  8.  

    USE OF GOODS

    1. When placing an order, the Purchaser agrees to use the Goods strictly for their intended purposes and always follow the provided instructions, guidelines, precautions, and warnings. Any use of the Goods for purposes other than intended will hold you liable for any resulting loss or damage.
    2. It is essential that the Purchaser (and any other user of the Goods purchased by the Purchaser) reviews the relevant product ingredients in the Goods to prevent potential allergic reactions.
    3. By placing an order, the Purchaser acknowledges and agrees that AST does not diagnose diseases, illnesses, conditions, or any other medical, mental or skin disorders. Purchasers are responsible for consulting a medical professional regarding any health concerns that the Purchaser may have. Furthermore, Purchasers proceed with any order at their own risk, within the limits allowed by law.
  9.  

    EXCLUSION OF LIABILITY

    1. To the maximum extent permitted by law, AST’s liability for any loss or damage or injury arising out of or in connection with the supply of Goods under these Terms or any breach of a condition or warranty given by AST or implied by operation of or guarantee under the Consumer Guarantees Act 1993 (NZ) and/or Fair Trading Act 1986 (NZ) however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to one the following at the sole discretion of AST:
      1. a) the replacement of Goods or the supply of equivalent Goods; or
      2. b) the payment of the cost of replacing Goods or of acquiring equivalent Go0ods.
    2. In no event will AST, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with the Purchaser’s use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    3. Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. AST does not exclude or limit in any way its liability to any Purchaser where it would be unlawful to do so. This includes liability for death or personal injury caused by AST’s negligence or the negligence of AST’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where AST’s liability cannot be excluded, AST limits its liability to the fullest extent permitted by the Consumer Law.
    4. The Purchaser agrees to defend, indemnify and hold AST, AST’s affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to the Purchaser’s breach of any of these Terms or the Purchaser’s use of the Website including, but not limited to the Purchaser’s use of any information obtained from the Website and any use of the Website's content, services and products other than as expressly authorised in these Terms.
    5. Except as provided in these Terms, AST will not be liable or in any way responsible for incidental or consequential, economic or property damage, except where AST is in breach of the guarantees provided to the Purchaser in accordance with the Consumer Law, or applicable legislation from time to time, provided always that nothing in this clause or elsewhere in these Terms will adversely affect the rights of the Purchaser under relevant legislation.
  10.  

    PROMOTIONS

    1. From time to time, AST may, at its sole discretion, choose to offer competitions or promotional terms and conditions (Promotions) to a Purchaser. It is the Purchaser’s responsibility to determine if the competition or promotional Goods are suitable for their needs.
    2. Promotions are based on measured criteria and may include cost-based rewards such as a price reduction, complimentary shipping and/or complimentary samples.
    3. AST reserves the right to end any competitions or promotions early at its sole discretion.
  11.  

    INTELLECTUAL PROPERTY

    1. AST is the owner or the licensee of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and trademark treaties around the world. All such rights are reserved.
    2. Purchasers may print off one copy, and may download extracts, of any page(s) from the Website for the Purchaser’s personal use.
    3. Purchasers must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and Purchasers must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Purchasers may not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from AST.
  12.  

    FORCE MAJEURE

    1. AST will not be liable for any failure to carry out an obligation under the Terms to the extent that the failure was caused by events or circumstances beyond its reasonable control (Force Majeure Event) including, but not limited to, acts of God, fire, accident, pandemic, interruptions to energy supply, strike, riot, civil commotion or war whether declared or not.
    2. While AST will do all things reasonably necessary to mitigate the effect of the Force Majeure Event on the performance of its obligations, it may cancel or defer orders at its sole discretion. In a Force Majeure Event, AST will endeavour to provide reasonable notice to the Purchaser.
  13.  

    GOVERNING LAW

    1. These Terms are governed by and will be construed in accordance with the laws of New Zealand.
    2. Any legal action or proceeding against AST shall be brought exclusively in the courts of New Zealand, and the Purchaser agrees to submit to the personal and exclusive jurisdiction of such courts.
  14.  

    SEVERANCE

    1. If any of these Terms are held by a Court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed from the Terms and the remainder of these Terms will continue to be effective and valid notwithstanding such severance.

APPENDIX A - SKINsational Program Terms and Conditions

INTEPRETATION

In these Terms:

Anniversary Date means the date you joined the Program.

Aspect Customer Account means the account created on the AST Website to purchase products.

Birthday Coupon means receiving a coupon corresponding to the date you enter as your date of birth when you create your Membership.

Communications means email, SMS and/or mail from AST.

Early Access / Early Knowledge means email notification at least five (5) days prior to publicly announcing a promotion. Members who have opted out of email notifications will not receive Early Access.

Eligible Products means products purchased directly from the Aspect Website.

Eligible Purchases means products, shipping fees, and taxes.

Intellectual Property Rights means proprietary rights created by statute and include copyright, patents, trademark and designs.

Level Status means member status as determined according to their spend amount in the twelve (12) month period.

Member means you as a member of the Program.

Membership means your membership to the Program.

Membership Website means the website accessed at : https://aspectskincare.co.nz/

Personal Information means your name, date of birth, phone number, email address, and physical address and any other information that is considered as personal information under the Privacy Act 1988 (Cth) .

Reward/s means the products, discounts, coupons, coupon codes, offers, promotions, competitions offered or available to Members from time to time at the discretion of AST.

  1.  

    GENERAL

    1. SKINsational Program (‘Program’) is Aspect Skincare’s loyalty program offered to Aspect Skincare Members in New Zealand.
    2. Aspect Skincare (‘Aspect’) is a brand portfolio owned and distributed by Advanced Skin Technology Pty Ltd ACN 007 203 447 (‘AST’ or ‘us’ or ‘we’).
    3. These SKINsational Program Terms and Conditions (‘Terms’) set out the conditions on which the Program is offered to Aspect Members in New Zealand.
    4. These Terms, together with the Aspect Skincare Terms of Use and any applicable laws or regulations, govern the Program.
    5. By joining the Program, you agree to abide by these Terms, which may be updated periodically. If you do not agree with these Terms, you can contact us to terminate your Membership.
    6. If you join the Program, you agree and consent to receive Communications from us unless you have opted out of such Communications. You may opt out or opt in of these Communications at any time by contacting us.
    7. AST reserves the right to end or withdraw the Program at any time, without notice, at its sole discretion.
  2.  

    MEMBERSHIP AND ELIGIBILITY

    1. Joining the Program is free and there are no fees to continue as a Member.
    2. You must be over the age of eighteen (18) and reside in New Zealand to become a Member in the Program. Minors residing in New Zealand may become a Member by obtaining their parent or legal guardian’s consent. The parent or legal guardian of the minor will be bound by these Terms.
    3. Membership in the Program is offered at the sole discretion of Aspect.
    4. To become a Member, you must provide your name and address for delivery of Rewards.
    5. You may provide additional information, including Personal Information when you register your details such as your date of birth so that you may receive birthday Rewards.
    6. If you do not provide Personal Information to Aspect, we will not be able to provide Rewards (wholly or in part) to you.
    7. It is your responsibility to ensure that all Personal Information provided is current and accurate so that we can continue to send you offers and track your Level Status.
    8. You will be able to make changes to your details and update or customise your communication preferences by following the relevant links available on email communications.
    9. To obtain a Membership, you must register your details here Aspect Skincare Registration
    10. Your Membership becomes valid from the date of joining (Anniversary Date).
    11. You can only have one Membership with the Program at any given time. The Membership is non-transferable.
    12. Your Level Status has no cash or monetary values.
    13. You may terminate your Membership at any time by contacting us. If you rejoin the Program, you will not retain access to your previous Level Status and Rewards.
  3.  

    HOW IT WORKS

    1. When you join the Program, your purchases are tracked to calculate your Level Status with Aspect.
    2. Your Level Status is determined by the amount spent by you on Eligible Products purchased from the Website https://aspectskincare.co.nz/. The amount spent will be calculated in New Zealand dollars (NZ).
    3. Your Level Status is maintained on a rolling basis. Your Level Status is determined by the total spend on your Membership.
    4. Each time you advance to a new Level Status, you become eligible to receive Rewards specific to that new level as described in Table 1.
    5. All new Members will enter the Program with Level Status 1.
    6. Members must place a transaction while logged into their Aspect Customer Account in order for the purchase to count towards their Level Status. If a transaction is completed as a guest that purchase will not count towards the Level Status.
    7. Any products purchased during a promotion will only count for the discounted price and not the original price.
    8. If you receive a refund or reimbursement for any products purchased from Aspect after making an Eligible Purchase, your total spent amount may be adjusted to account for the refunded or reimbursed amount.
    9. Purchases may take a few days to appear on your Aspect Customer Account.
  4.  

    REWARDS

    1. The Program assigns different Rewards (as nominated by Aspect from time to time) to Members according to their Level Status.
    2. The Rewards are not transferable and cannot be redeemed for cash or equivalent.
    3. Members who have opted out of receiving Communications will not be notified of Rewards by email but are still eligible to receive Rewards according to their Level Status. By opting out of receiving email Communications, the Member acknowledges they will not receive Early Access/Early Knowledge.
    4. All coupon codes and vouchers that are part of the Rewards are subject to expiry dates noted on the coupon codes and vouchers.
    5. The selection of sample and complimentary products provided as Rewards is entirely at the discretion of Aspect and is contingent upon availability of such products at any given time.
    6. Members who did not provide their date of birth during registration will still be eligible to receive their Anniversary Date Reward. Members are eligible for either the Birthday Coupon or Anniversary Date Reward, but not both.
    7. Birthday Coupon or Anniversary Date Reward will be issued once every twelve (12) months, seven (7) days prior to the relevant date.
    8. To redeem Rewards, Members will need to ensure they are logged into their Aspect Customer Account. All Rewards have an expiration date as set out in clause 4(d).
    9. Aspect will not be held responsible or liable if Rewards are not able to be redeemed for whatever reason, unless that reason was a direct result of Aspect’s negligence or default.

    10. Periodically, Aspect will issue Members with early access to promotions and competitions at its discretion, each accompanied by its own terms and conditions.

      Table 1:

      LEVEL STATUS ELIGIBILITY REWARDS
      LEVEL 1 Register for the Program
      • Birthday Coupon or Anniversary Date Reward coupon code to the value of NZ$10
      • One sample product with every order
      • Early access to promotions*
      • Early knowledge of new product launches*
      LEVEL 2 Spend between $500 and $999.99 over a 12-month period
      • Level 2 welcome reward (coupon or product)
      • Birthday Coupon or Anniversary Date Reward Birthday / anniversary reward coupon code to the value of NZ$20
      • Two sample products with every order
      • Early access to promotions*
      • Early knowledge of new product launches*
      • Access to Level 2-3 only competitions
      LEVEL 3 Spend $1000 or more over a 12-month period
      • Level 3 welcome Reward (coupon or product)
      • Birthday Coupon or Anniversary Date Reward coupon code to the value of NZ$30
      • Two sample products with every order
      • Early access to promotions*
      • Early knowledge of new product launches*
      • Access to Level 2-3 only competitions
      • A complimentary full-sized product for orders over $350

      * Members who have opted out of email notifications/Communications will not receive Early access/early knowledge except via other communication channels such as social media or on the website itself.

  5.  

    PRIVACY

    1. By creating a Membership, you agree to providing your Personal information, including but not limited to your name, a contact number, date of birth, email address and address for delivery. This information will be subject to AST’s Privacy Policy which can be accessed at https://www.device.co.nz/privacy-policy
  6.  

    EXCLUSION OF LIABILITY

    1. Neither Aspect nor AST will be liable for any damages arising from your participation or Membership in the Program, including changes to or termination of the Program, or the redemption and use of Rewards, to the fullest extent permitted by law. This includes all types of damages such as direct, indirect, incidental, punitive, or consequential damages, loss of data, income, profit, property damage, and claims from third parties.
    2. These limitations on AST and Aspect's liability apply whether for breach of contract, negligence, strict liability, or any other legal theory, even if AST and/or Aspect has been advised of the possibility of such damages. By agreeing to these terms, you (or your parent or legal guardian if you are a minor) acknowledge that you waive your right to seek damages from AST and Aspect beyond what is permitted by law, and that this allocation of risk is reasonable.
    3. These Terms are subject to statutory provisions under Consumer Law, which may provide certain rights regarding goods or services that cannot be excluded.
    4. This clause 6 will survive termination of Member’s participation in the Program.
  7.  

    INTELLECTUAL PROPERTY

    1. AST is the owner or the licensee of all intellectual property rights with the Program, and in the material published on the Membership Website Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. Members must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and Members must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    3. Members may not use any part of the content from the Program for commercial purposes without obtaining a licence to do so from AST.
  8.  

    APPLICABLE LAW

    1. These Terms are governed by and will be construed in accordance with the laws of New South Wales.
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