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Terms and Conditions

Thank you for choosing Juvenate Skincare.

In accessing any of the services on our website and/or by entering into any sales agreement or communication with us, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from Juvenate Skincare Limited a company registered with the NZ Companies Office register, under number 5643387.


These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.


These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Juvenate

Juvenate Skincare Ltd manufactures and packs Juvenate products in Palmerston with distribution managed from Lower Hutt. We supply Juvenate products directly from Lower Hutt, New Zealand. You may contact us at any time in relation to any aspect of your transaction or for any relevant information concerning Juvenate by:

Email: info@juvenate.co.nz

Telephone: 0064 21 588 202

Privacy Policy

Please read our Privacy Policy, which forms a part of these Terms and Conditions.

Products and Prices

Our intention is to keep the Juvenate website current, however, it is possible that information pertaining to a product or price may not be exactly as shown at the time that you place an order. Product prices are inclusive of sales tax where applicable but exclusive of shipping charges.

Quotes for wholesale pricing may vary and are valid for 7 days from the date provided.

The actual price to be paid for your purchase is in New Zealand dollars and includes GST.

Our products may go out of stock or be unavailable. We reserve the right to withdraw or suspend from sale any products displayed on this website, either temporarily or permanently, at any time without notice to you. If products go out of stock or are otherwise unavailable after payment has been debited from your account, we will promptly notify you by email and either give you the option to wait until the product comes back into stock if it is going to be restocked, the option of a credit toward another purchase or to cancel the item from your order and refund your account in full for that item.

The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our documentation are intended as a guide for use.

 

We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to deliver rates, we can increase the Price prior to delivery.

Placing Orders

After completing the required information fields, you submit your order and we will acknowledge your order or indicate if it is unable to be accepted (e.g. the item is out of stock or we cannot obtain authorisation for your payment). Our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. If you wish to cancel your order after it has been dispatched you will need to follow the Returns Policy (see Customer Services).

Please note that only one offer or discount code can be used per item per customer.

Payment

Retail:

Payment for purchases can be made with your credit or debit card. If the issuer of your card does not for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery. The name that will appear on your statement will be Juvenate Skincare Limited.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

Electronic payments made for products purchased from the Juvenate website are highly secure. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Stockists:

We will invoice you for the agreed price either:

Prior to the time of delivery of the Goods;

or where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.

You must pay the invoice within 7 days of the date of our invoice or otherwise according to any credit terms agreed between us.

You must make payment even if delivery has not taken place and/or that the title in the Goods has not passed to you.

If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 15% per annum above the base rate of the Reserve Bank of NZ from time to time on the amount outstanding until you pay in full.

Time for payment will be of the essence of the contract between us and you.

All payments must be made in NZ Dollars unless otherwise agreed in writing between us.

 

Both parties must pay all amounts due under the Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Cancellation

Details of the goods as described on our website and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.


The quotation (including any non-standard price negotiated in accordance with the clause on Products and Pricing (above) is valid for a period of 7 days only from the date shown in it unless expressly withdrawn by us at an earlier time.


Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.

Consumer Guarantees Act 1993 (CGA)

The CGA applies only to consumer purchases. Nothing in these Terms and Conditions is intended to be inconsistent with a consumer’s rights under the CGA. If the CGA applies and if any of the goods fail to comply with any guarantee in the CGA, Juvenate will repair or replace those goods. Juvenate does not provide any Express Guarantees (as defined in the CGA).

Delivery

In accordance with the delivery option you select, we will deliver the goods to you as quickly as possible. We will deliver the goods following the delivery option selected by you during the order process. However we do not accept any responsibility for untoward delays caused by any third party, or by a delay due to any item being temporarily out of stock.

Stockists:

We will arrange for the delivery of the Goods to the address specified in the quotation, or send your order to another location we agree in writing..
If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.
Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8am and 5pm.
If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

  1. Store or arrange for the storage for the goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and/or
  2. Make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or
  3. After 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instruction or any other instructions that are relevant to the supply of the Goods.

We can deliver the Goods by instalments, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.

Inspection and Acceptance of Goods

We will presume that you have inspected and accepted the goods on receipt unless you notify us otherwise and in accordance with the procedures described in our Returns Policy. If you find that the goods received do not match the order confirmation advice, please contact us immediately at info@juvenate.co.nz.

You must inspect the Goods on delivery or collection.

If you identify any damages or shortages, you must inform us in writing within 3 days of delivery, providing details.

Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.

Subject to your compliance with the clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.

We will be under no liability or further obligation in relation to the Goods if:

  1. If you fail to provide notice as set above; and/or
  2. You make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or
  3. The defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods, and/or
  4. The defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

You bear the risk and cost of returning the Goods.

Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 3 days after delivery.

Ownership and Risk

Juvenate retains legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you. Risk of the goods will pass to you upon delivery to you.

The risk in the Goods will pass to you on completion of delivery.

Title to the Goods will not pass to you until we have received payment in full (in cash, or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.

Until title to the Goods has passed to you, you must a) hold the Goods on a fiduciary basis as our Bailee; and/or b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.


As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

Force Majeure

Notwithstanding anything to the contrary in these terms and conditions, where, in spite of our reasonable efforts, we are unable to perform an obligation due to an act of force majeure including acts of God, civil commotion, riots, flood, drought, fire, and legislation, we shall not be deemed to be in breach of our contract with you.

Notwithstanding anything to the contrary in these terms and conditions, where, in spite of our reasonable efforts, we are unable to perform an obligation due to an act of force majeure including acts of God, civil commotion, riots, flood, drought, fire, and legislation, we shall not be deemed to be in breach of our contract with you.

Reselling

You may not sell or resell any of the products you purchase from us, unless you have been approved as a Stockist.

Intellectual Property

Juvenate Skincare Ltd is the sole and exclusive owner of the Juvenate trademark, the Juvenate artwork and any product or brand imagery of any description on the Juvenate website. This intellectual property is protected by New Zealand and international copyright law and no part of the trademark, artwork or imagery may be copied or reproduced without express written permission from Juvenate Skincare Ltd.

Stockist:

Information and use of any materials containing intellectual property will remain confidential between Juvenate Skincare Limited and the Stockist. It is not permitted to disclose ingredients to competitors of Juvenate Skincare nor share Technical sheets or any other materials which are provided for the sole purpose of the Stockist to better understand the products. Should the Intellectual Property of Juvenate Skincare be inappropriately disclosed, then we have the right to terminate the Contract and cease supply.

Your Obligations and Responsibilities

You agree that in purchasing Juvenate products that you will comply with these Terms and Conditions and that these Term and Conditions supersede any other in relation to any transaction with Juvenate.

You guarantee that the personal information you provide to us for the purposes of purchasing product or for any other reason is true, accurate and current, and you agree to accept responsibility for all activities that occur under your account or password. If your personal information changes then please update your personal information through ‘My Account’ or advise us by contacting us at info@juvenate.co.nz. If you forget your password we will reset it at your request and send it to the email address, which you specified when you registered.

Your account can be cancelled at any time by contacting us at info@juvenate.co.nz.and we reserve the right to refuse service or terminate your account without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Juvenate Skincare Limited’s best interests to do so.

In the event that you willfully or negligently damage or alter the site you will be held liable for any and all the losses and damages that this may cause to Juvenate and our affiliates.

Limitation of Liability

Juvenate makes no representations or warranties of any kind whatsoever in connection with these terms and conditions, the site or the products except where such representations are not legally excludable. You agree that Juvenate will not be responsible or liable under any circumstances, for any delays or interruptions to the site; or data non-delivery, corruption, destruction or other modification; or loss or damages of any sort incurred as a result of dealings with or the presence of off-site links on the site; or computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites; or any inaccuracies, omissions or misleading statement in the content; or events beyond our reasonable control. In any event, Juvenate’s maximum aggregate liability will not exceed one hundred New Zealand dollars or the value of the goods ordered whichever is greater.

Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.

Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Amendment Act 2003) are excluded to the fullest extent permitted by law.

If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.


We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

  1. Any indirect, special or consequential loss, damage, costs or expenses; and/or
  2. Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
  3. Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
  4. Any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
  5. Any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

The exclusions of liability contained within the clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.


Indemnification

You agree to indemnify and hold us harmless for any loss, damages or costs resulting from any third party claim, action, or demand resulting from your use of the Juvenate website. You also agree to indemnify us for any loss, damages, or costs resulting from any action you take that causes any unreasonable disruption to our business.

Termination

We can terminate the sale of Goods under the Contract where:

  1. You commit a material breach of your obligations under these Terms and Conditions;
  2. You are or become or, in our reasonable option, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;
  3. You enter into a voluntary arrangement under the Insolvency Act 2006, or any other scheme or arrangement is made with your creditors; or

You convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder, a resolution is passed or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

Links to and from this Website

From time to time, this website may include links to other websites.  Those websites are not under our control.  The links are provided for your convenience only.  We do not endorse and are not responsible for the content, validity, accuracy or your use of, those websites.  You should check the terms and conditions of use of those websites before you use them.

You may not create a link to this website from another website (other than to the homepage) without our prior written consent, which may be given or withheld at our sole discretion.

Governing Law

These terms and conditions, your use of this website, any information contained on it, and any dispute arising out of such use of this website are subject to the laws of New Zealand.  You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to these terms and conditions, your use of this website and any dispute arising out of such use of this website.

Complaints and Disputes

In the event you have a complaint about any aspect of our service, please contact us at info@juvenate.co.nz