Terms and Conditions
At Whish Body we endeavour to ensure that interacting and making transactions through our website is a simple, enjoyable and transparent experience. It is therefore important that as a user of this website you are fully aware of the Terms and Conditions of use. We encourage you to make yourself familiar with our Terms and Conditions below and also our Privacy Policy. Should you have any concerns or questions, do not hesitate to contact.
This web site is owned and managed by MLC Skincare Ltd and will be referred to as “We”, “our” and “us” in this Terms & Conditions Policy. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of New Zealand only.
We reserve the right to amend these Terms & Conditions at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Product Descriptions
We strive to ensure that our products are described as accurately as possible on our website. However we do not warrant that the description is accurate. Where we become aware of an inaccurate description, we reserve the right to correct any error or omission.
Product images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour or detail.
Product Orders
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product promoted on our website.
Packaging and postage is an additional charge, calculated at time of purchase.
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware. (View our Privacy Policy for more details)
We undertake to confirm receipt of your order within three (3) working days. If for any reason we are not able to fulfil your order immediately (and the most likely reason for that will be that we do not currently have that product in stock), we will advise you of this as soon as possible.
Your ordered products will be delivered via courier service and once confirmation of your order has been received by you, you can expect delivery within 3-4 working days. Title of the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
All risk of loss or damage to the goods passes to you when we despatch the goods.
Product Returns
We will refund you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” page and we will arrange the return and refund or exchange.
We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within fourteen (14) days of purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
Site Access
Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Linking
You may link our website with our consent and will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion which you provide to us through this website becomes our property. If in future we use your comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Limitation of Liability
To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods or payment of the costs of having those goods supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied.
Indemnity
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Jurisdiction
These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
