Terms of service

Terms of Service

1.       Overview

This website is made available for use by elmlabskincare.com or its subdomains and is operated by Elm Lab Skincare Limited. Throughout the site, the terms “Elm Lab”, “we”, “us” and “our” refer to Elm Lab Skincare Limited. Elm Lab offers this website, including all information, tools and services available from this site to “you”, the “user”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following Terms and Conditions (“Terms of Service” or “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, customers and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use our Services.

2.       Online Store Terms

In order to make purchases through our site, you will be requested to provide your personal details. In particular, you must provide your real name, phone number, e-mail address, delivery address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details.

We reserve the right to accept orders only from individuals who are 18 years of age or older, or the age of majority as legislated by the relevant jurisdiction.

All products and services available on this website are intended for personal use only. Products must be used in accordance with their instructions, precautions and usage guidelines.

If you have any questions about shopping on elmlabskincare.com or its subdomains, please contact us at hello@elmlabskincare.com.

We reserve the right to refuse service to anyone, at any time, for any reason. We may also limit or cancel orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services, including any contact on the website through which the Services are provided, without express written permission from Elm Lab.

3.       Pricing and Currency

All prices displayed on elmlabskincare.com and its subdomains are shown in local currencies where applicable (including but not limited to NZD, AUD, USD). Where required by law, local taxes are included in the displayed price.

Products may be purchased using all major credit cards. Please note that all transactions are processed in New Zealand Dollars (NZD), even if prices are displayed in a local currency. Depending on your bank or card issuer, you may incur an international transaction fee and/or currency conversion fee for purchases made outside of New Zealand.

Prices for our products are subject to change at any time, effective immediately upon being published on the website or communicated through other official channels.

4.       Intellectual Property Rights

All information and content available on the site, including but not limited to Elm Lab's name and logo and other trademarks, product images and descriptions, site design and layout, text, graphics, images, photographs, sounds, audio, video and all intellectual property rights contained in each of the foregoing (“Content”) are owned by and is the property of Elm Lab and in some cases its affiliates, partners, licensors. No Content or part or portion of this site may be copied, sold or used in any manner without the written consent of Elm Lab. Your use of the Content grants no rights to you in relation to any copyright, designs, trademarks or any other intellectual property or material rights relating to the Content or any portion of the site.

5.       Service Modifications

Elm Lab reserves the right to modify, suspend or discontinue any aspect of the website or Service including content, features or product availability, at any time and without prior notice.

We are not liable to you or any third party for any changes in pricing, temporary interruptions or permanent discontinuation of the Services.

6.       Use of Products or Services

Certain products or services may be offered exclusively through our website. These items may be available in limited quantities and are eligible for return or refund only in accordance with our Returns policy, which is available on our site.

We make every effort to display product colours and imagery as accurately as possible. However, we cannot guarantee that your device’s screen will reflect colours with complete accuracy.

Elm Lab reserves the right, but is not obligated to, limit the sale of our products or Services to any individual, geographic region or jurisdiction. We may exercise this discretion on a case-by-case basis. We also reserve the right to limit product quantities, revise product descriptions or pricing and discontinue products at any time without prior notice.

By placing an order with Elm Lab, you agree to use our products and Services solely for their intended purpose. If you use the products or Services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.

7.       Accuracy of Billing and Account Information

We reserve the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed under the same customer account, the same credit card and/or orders using the same billing or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.

You agree to provide current, complete and accurate purchase and account information for all transactions made through our store. You also agree to promptly update your account details, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to the technical requirements of connecting networks or devices.

Credit card information is always encrypted during transfer over networks. For more information, please view our Returns Policy.

8.       Personal Information

The personal information you provide through our store is handled in accordance with our Privacy Policy, which outlines how we collect, use and protect your data. For more information, please view our Privacy Policy here.

9.       Promotions and Offers

Unless otherwise stated, all promotions and offers are exclusive to elmlabskincare.com and its subdomains. Promotions may not be combined with other offers unless explicitly stated.

All promotions and offers are subject to availability. Elm Lab reserves the right to modify, suspend or withdraw any promotion at any time and for any reason, without prior notice.

Some promotions may require a minimum spend or the purchase of a specified number of products to qualify. Any such conditions will be clearly outlined in the promotional details.

Elm Lab may choose to run promotions for limited time periods or in specific regions and not others at its sole discretion. Free gifts offered as part of a promotion are not redeemable for cash, may not be resold and are not eligible for return or replacement unless deemed faulty.

Any decision made by Elm Lab regarding promotions and offers on the site is full and final.

10.  User comments, feedback and other submissions

If you submit content to us, whether in response to a request (such as a competition entry) or voluntarily (such as ideas, suggestions, proposals or other materials), you agree that Elm Lab may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use that content in any medium. This use is subject to applicable laws, including but not limited to, privacy legislation.

We are under no obligation to:

a)       Keep your submission confidential;

b)       Provide compensation for your submission; or

c)       Respond to your submission.

By submitting content, you grant Elm Lab a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and sub-licensable right to use and exercise all intellectual property rights in that content, in any format or media now known or developed in the future. You also waive any moral rights or similar entitlements you may hold now or in the future in favour of Elm Lab.

We may, but are not required to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates any intellectual property rights or these Terms.

You agree that your submissions will not infringe on the rights of any third party, including copyright, trademark, privacy, personality or other proprietary rights. You also agree not to submit content that is defamatory, abusive, unlawful or obscene or that contains malware or code that could disrupt the operation of our site or Services.

You must not use a false email address, impersonate another person or mislead us or others about the origin of your submission. You are solely responsible for the content and accuracy of what you submit. Elm Lab accepts no responsibility or liability for content submitted by you or any third party.

11.  Site content and Information Accuracy

The content on elmlabskincare.com is provided for general informational purposes only. While we strive to ensure accuracy, completeness and timeliness, we do not guarantee that all information made available on this site is current or error-free.

Some material may be historical in nature and is provided for reference only. We reserve the right to modify the contents of this site at any time but we are under no obligation to update any information. You acknowledge that it is your responsibility to monitor changes to our site and to consult primary or more up-to-date sources before making decisions based on the information provided.

Any reliance on the material on this site is at your own risk.

12.  Errors, Inaccuracies and Omissions

Occasionally, there may be information on our site or within the Services that contains typographical errors, inaccuracies or omissions, particularly in relation to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.

Elm Lab reserves the right to correct any such errors, inaccuracies or omissions and to update or change information or cancel orders if any part of the Services or related site content is inaccurate, at any time and without prior notice, including after an order has been submitted.

We undertake no obligation to update, amend or clarify information in the Services or on any related website, except as required by law. Any stated update or refresh date should not be interpreted as indicating that all information has been modified or is current.

13.  Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the site including, the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

14.  Third Party Links

Certain content, products and services available via our Services may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

15.  Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are, except as expressly stated by us, provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement, except to the extent such representations and warranties are not able to be excluded at law.

Certain consumer legislation, including the New Zealand Consumer Guarantees Act 1993 and the Fair Trading Act 1986, may imply warranties or conditions or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms of Service must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which we are able to do so, our liability under those provisions will be limited, at our option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of products to (i) the replacement of the products; (ii) the repair of the products; (iii) the payment of the cost of replacing the products.

In no case shall Elm Lab, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content or product posted, transmitted or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

16.  Indemnification

You agree to indemnify, defend and hold harmless Elm Lab and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

17.  Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

18.  Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

19.  Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

20.  Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

21.  Waiver

The failure by Elm Lab to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

22.  Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us including, but not limited to, any prior versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

23.  Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the New Zealand courts.

24.  Changes to Terms and Services

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

25.  Contact Information

Questions about the Terms of Service should be sent to us at hello@elmlabskincare.com