TERMS & CONDITIONS
Effective date: 21/01/2019
Welcome to our M.A.C New Zealand web site (the "M.A.C New Zealand Site" or the “Site”).
M.A.C New Zealand Online and Estee Lauder Limited ("M.A.C New Zealand Online", "we", "us" or "our") provides the services available on the Site to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. Please note that if you visit one of our other regional Sites, you are subject to the terms and conditions applicable for that Site and we suggest that you consult such terms and conditions.
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under New Zealand law you must: (a) provide your contact and address details on the Site; and (b) be the holder of a valid debit/credit card or paypal account.
This contract shall be concluded in English.
4. Product Descriptions
Products may not be available or as described. We endeavour to ensure that details, descriptions, images and prices of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Information may be out of date. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 7 below.
5. Purchase Related Policies
Personal use only
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.
Our right to cancel your order
If we reasonably believe, in our sole discretion, that your completion of your order may result in the violation of our Terms and Conditions we may, with or without notice, to cancel or reduce the quantity of your order.
Our policies form part of these terms and conditions
All prices indicated for products available via the Site are in New Zealand Dollars (NZD) at the current rates and are exclusive of delivery charges, overseas customs duties, foreign taxes or other fees, which may be imposed and this is the responsibility of the customer. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site.
7. Placing an Order and Order Acceptance
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the MAC New Zealand Site by clicking on the Submit button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card or PayPal account. This is not an order acceptance from MAC New Zealand Online.
Unless we have notified you that we do not accept your order or you have cancelled your order, 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. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy.
If you require any information regarding your order please contact Customer Service by emailing us here.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.
You pay using a Debit/Credit Card, PayPal or Afterpay. You confirm that the credit card, debit card, PayPal or Afterpay account that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or 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.
Your CCV or sometimes called CVC number ( Credit Card Verification number ) is requested during your payment processing application form online as this number is only found on the physical card, not any receipts or imprints from manual 'click clack' machines. Although this doesn't guarantee the card has not been stolen it does assure us that the person placing the order has the card with them at the time of the order and is an additional security feature required for your safety.
Using Afterpay you can pay for your order over 4 equal fortnightly instalments. There's no interest or added fees*. Payment will be automatically taken from your debit or credit card in four equal payments each fortnight, and you will receive your order immediately. When using a promo code this must be applied to the order before continuing to the next step.
You simply need:
A debit card or credit card
To be over 18 years of age
To live in New Zealand
To use this service simply:
Add your items to your shopping bag, and checkout as normal. Valid for amounts up to $450.
On the checkout page select Afterpay as your payment method.
Enter your details with Afterpay and you're done.
The funds for the first payment will need to be available on the card at the time of checkout. If you are a new Afterpay customer payment will be made at the time of purchase, with payments over the next 6 weeks. Once you have been an Afterpay customer for at least 6 weeks payment will be made in 14 days, with payments over 8 weeks. The full payment schedule will be provided to you at time of purchase.
If you wish to return your goods you can choose to receive an exchange, or the Afterpay payment plan can be cancelled.
*If you fail to make payment, you will be charged a late payment fee of $10 with a further $7 fee added 7 days later if the payment is still unpaid.
There is no waiting and we’ll ship out your order immediately as normal.
For full terms and conditions please visit Afterpay.
9. Title to Goods
We will retain the legal ownership of the goods until the later of dispatch of the goods to you and full payment for the goods being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
10. Risk of Loss
Risk in the goods will pass to you upon delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process. See Delivery section. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third party.
12. Acceptance of Goods
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy.
If no such action is taken, to the extent permitted by law, we shall not be obliged to accept any rejection of the goods at a later date. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services by emailing us here.
13. Intellectual Property
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Make-Up Art Cosmetics Inc., its affiliates, our partners or our licensors, and is protected by United States, New Zealand and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Make-Up Art Cosmetics Inc., its affiliates, licensors or partners, in New Zealand and other countries, and are protected by United States, New Zealand and international trademark laws. All other Trademarks not owned by us, our affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited license in Section 14 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
14. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited license set forth in this Section 15 without prejudice to any other remedy provided by applicable law.
15. Your Obligations and Responsibilities
16. Your Account
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes, then please notify us immediately by contacting Customer Services by emailing us here. Alternatively, you can update your details through the MY M.A.C account page.
You must protect your password
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account.
You agree to accept responsibility for all activities that occur under your account or password.
Report any loss of password to us
If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.
How to cancel your account
Your account can be cancelled at any time by contacting Customer Services by emailing us here.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Our right to cancel your account
If you violate these Terms and Conditions or if we reasonably decide it would be in MAC New Zealand Online's best interests to do so. We reserve the right to refuse service and/or terminate accounts without prior notice.
17. Third Party Links
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
Submissions not confidential
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential.
Rights you give us by making a submission
Representations and warranties by you in relation to the Submission
If you make a Submission, you represent and warrant that it is true and accurate and that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with your claims to any rights in any Submission.
19. Limitation of Liability
No representations or warranties
THE SITE IS PRESENTED "AS IS."
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of loss caused by certain things
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;
(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE;
(e) 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;
(f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR
(g) EVENTS BEYOND OUR REASONABLE CONTROL.
Exclusion of certain types of loss
TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (OR ANY LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
If you wish to complain about any matter in respect of the goods please contact Customer Service by emailing us here.
Your use of this Website and any purchase by you of any goods from MAC New Zealand shall be governed by New Zealand law and the parties hereto submit to the exclusive jurisdiction of the New Zealand courts.
We may amend these Terms and conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site.
Your continued use of the Site constitutes your agreement to all such terms and conditions. You agree to comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
No Agency or partnership with you
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
A failure to enforce is not a release of rights
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Rights are cumulative
The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law.
Time not of the essence
Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
If a term is unenforceable
In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please contact us.
Copyright © Make-Up Art Cosmetics Inc. All worldwide rights reserved.