Terms & Conditions
Welcome to our Clinique New Zealand web site (the "Clinique New Zealand Site" or the “Site”). Clinique New Zealand Online and Estee Lauder Limited ("Clinique 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. 1. Privacy Policy Please review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices. 2. About Clinique New Zealand Online Clinique New Zealand Online business in New Zealand is operated by Estee Lauder Limited , 26 Vestey Drive, Mt Wellington, Auckland, New Zealand, (CN 394181) but shipped by Estee Lauder Pty Limited ACN 63008 444 719 from Australia. 3. Eligibility 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) be aged 18 or older; and (b) register on the Site; and (c) be the holder of a valid debit/credit card. 4. Language This contract shall be concluded in English. 5. Product Descriptions The Clinique products offered on this web site are from the Australia range only, in some cases the presentations are different, and some products normally available in New Zealand stores are not offered, if in doubt please visit your local Clinique retail outlet. 6. Purchase Related Policies Personal use only 7. Prices 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. 8. 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 Clinique New Zealand Site by clicking on the Submit button at the end of the on-line order process. 9. Payment 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. 10. 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. 11. Risk of Loss Risk in the goods will pass to you upon delivery to you. 12. Delivery 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. 13. 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. 14. 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 Clinique Laboratories Dist, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Clinique Laboratories Limited, our affiliates, licensors or partners, in the United States and other countries, and are protected by United States 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 10 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. 15. 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 14 without prejudice to any other remedy provided by applicable law. 16. Your Obligations and Responsibilities In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Clinique New Zealand Online, our affiliates, partners or licensors. 17. Your Account You must provide true, accurate and up-to-date information. You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information. 18. 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. 19. Submissions Submissions not confidential 20. Limitation of Liability No representations or warranties 21. Indemnification 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. 22. Complaints If you wish to complain about any matter in respect of the goods please contact Customer Service by using our Contact Us Form. 23. Disputes Your use of this Website and any purchase by you of any goods from Clinique New Zealand Online shall be governed by New Zealand law and the parties hereto submit to the exclusive jurisdiction of the New Zealand courts. 24. General Entire agreement |
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