Welcome to the website of Ultraceuticals (site). The site is owned and operated by Ultraceuticals NZ Limited NZBN 9429036829330, a subsidiary of Ultraceuticals Pty Limited (ABN 55 080 758 201). References in these Terms and Conditions (T&Cs), our Privacy Policy and our Shipping Policy to “we”, “us” and “Ultraceuticals” mean Ultraceuticals NZ Limited.
Please read these T&Cs carefully before using this site. For the avoidance of doubt, you do not need to create an account to be bound by these T&Cs. Your very use of this site constitutes your agreement to these T&Cs. If you do not agree to any of the provisions contained in these T&Cs, you should not use this site. We may change these T&Cs at any time without notifying you. By continuing to use this site, you agree to the amended T&Cs.
You must not:
Use the site for anything that is illegal or infringes someone else’s rights.
Post or send any material via the site which harms anyone else or use the site to send unsolicited messages.
In any way tamper with the site or transmit any viruses via the site.
Link to this site or any part of this site in a way that damages or takes advantage of our reputation, including but not limited to:
(a) in a way to suggest or imply that you have any kind of association or affiliation with us, or approval or endorsement from us when there is none; or
(b) in a way that is illegal, unfair or misleading.
We do not warrant that the site will be available at all times or without disruption or that the website or the website server are free of viruses or any other harmful components.
APPLICABLE LAW AND JURISDICTION
Ultraceuticals in incorporated in, and operates from, New Zealand. All purchases are subject to the laws of New Zealand. By using this site, you submit to the jurisdiction of the courts of New Zealand and agree that any legal action will only be commenced in these forums.
PRODUCT ORDERS
All prices and availability of the products listed on the site are subject to change without notice. All prices and fees listed on the site are in New Zealand Dollars (NZD). If for any reason a price listed on the site is incorrect, whether due to an error by us, information received from a supplier or for any other reason, we have the right to refuse or cancel any order made at the incorrect price, even if the order has been successfully submitted and payment has been made. In the event that payment has been made for the purchase and the order has been cancelled, we will refund the full amount of the incorrect price paid within a reasonable period of time.
Products purchased from our site are for personal use only and must not be resold without our express consent. By purchasing products from our site, you agree that you will not resell any products, including any part of a product. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our T&Cs.
ACCOUNT ACCESS
To place orders and access some features of the site, you must register an account with us. To register an account, you must:
(a) give us accurate and current personal information including your name, address, and a valid email address; and
(b) be at least 18 years old and have the capacity to enter into a legally binding agreement with us.
By creating an account, you agree that you will keep your account details, such as your password, confidential, and not provide these details to any other person. You take full responsibility for all activity that occurs under your account. We are not responsible for any loss or damage resulting from your non-compliance with these terms. All information that you provide to us will be used in accordance with our privacy policy. If you become aware of any loss of your username or password, or believe there has been unauthorised access to your username and password, please contact us immediately. We reserve the right to cancel or change the details of your account at any time.
PAYMENT & ORDER CONFIRMATION
Ultraceuticals is under no obligation to ship any goods ordered until payment for those goods has been received in full. In the event that requested goods are unavailable, Ultraceuticals may cancel the transaction and provide a full refund. All orders placed are an offer of purchase and are subject to acceptance by Ultraceuticals. If an order is not accepted, a full refund will occur at the earliest possible convenience. Ultraceuticals reserves the right to refuse an offer for any reason, and to refuse any order that it reasonably believes is for the purpose of resale. All prices listed are inclusive of any applicable goods and services tax.
CONCLUSION OF TRANSACTION
The agreement for sale is concluded only when the goods are handed over to the designated carrier.
INTERNATIONAL CUSTOMS CHARGES/RESTRICTIONS OF SALE
Orders to New Zealand shipping addresses are shipped from our New Zealand warehouse, so no custom charges will not apply. Ultraceuticals is not responsible for custom charges for orders outside of New Zealand. Restrictions resulting from the importation of certain goods vary from country to country. The purchaser remains responsible for all such charges and fees incurred.
LOST OR DAMAGED GOODS
If your order is lost or damaged in transit, please contact us so that we may assist you. Wherever possible, we will work with the courier in an attempt to resolve your issue.
ALLERGIC REACTIONS
It is always important to use products as directed on the label. In the unlikely event that your skin becomes irritated or shows signs of an allergic reaction, please stop using the product immediately and contact us on on advice@ultraceuticals.com.au to speak to one of our skin therapists. If our skin therapist identifies that the product purchased caused a skin reaction, we will organise a refund for the product if purchased online.
If the product was purchased through an authorised stockist, then please contact the stockist directly for assistance.
REVIEWS/CONTENT POSTED ON OUR PLATFORMS
By submitting a rating or review to Ultraceuticals or by posting any content (including, but not limited to, communications, comments, texts, photographs, videos, sound, music, graphics, suggestions, ideas, reviews, ratings, code or any other data or materials, collectively referred to as “Content”) on our website or any of our social media platforms (including, but not limited to, Facebook, Instagram, Twitter or YouTube), you agree to be bound by these T&Cs. Please do not submit any content if you do not fully agree with these T&Cs.
By submitting any Content to Ultraceuticals, or posting on our website or social media platforms, you represent and warrant that:
you are the sole author and owner of the intellectual property rights thereto;
all “moral rights” that you may have in such content have been voluntarily waived by you;
all Content that you post is accurate;
you are at least 13 years old; and
use of the Content you supply does not violate these T&Cs and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any Content:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.
To the maximum extent permitted by law, you agree to indemnify and hold Ultraceuticals (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant Ultraceuticals a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology throughout the world without compensation to you.
All Content that you submit may be used at Ultraceuticals’ sole discretion. We reserve the right to change, condense or delete any content on our website or social media platforms that we deem, in our sole discretion, to violate any provision of these T&Cs. Ultraceuticals does not guarantee that you will have any recourse through Ultraceuticals to edit or delete any Content you have submitted. Ultraceuticals reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, and not Ultraceuticals, are solely responsible for the contents of the submitted Content (whether edited by us or not). None of the Content that you submit shall be subject to any obligation of confidence on the part of Ultraceuticals, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
THIRD PARTY LINKS
This site may contain links to other websites from time to time, which we do not control. Ultraceuticals is not responsible for the content of those websites. Although we would typically approve of the content contained in those websites, we do not endorse, provide any warranty or take any responsibility for any aspect of those websites or their content. The links to those websites are provided for convenience only and may not remain current. You use them entirely at your own risk.
ADVICE AND INFORMATION
The advice and information contained within this site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. Whist we make every effort to ensure that the information contained within this site is correct, we take no responsibility for any loss or damage arising from its use.
LIMITATION OF LIABILITY
You agree that to the maximum extent permitted by law we will not be liable to you for any loss or damage in connection with any goods or services we provide to you including your use of this site and the products you order on this site. To the maximum extent permitted by law, and except to the extent you are entitled to remedies which cannot be excluded or limited under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, you hereby release and forever waive all claims that you may have against us or our officers, directors, employees, or agents for any loss or damage you may sustain in connection with your use of this site and the products you order on this site.
INDEMNITY
We rely on you to comply with these T&Cs. To the maximum extent permitted by the law, you agree to indemnify us for all losses, expenses, damages and costs, including legal fees, resulting from any violation of these T&Cs. You also agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of your use of this site.
COPYRIGHT
Ultraceuticals, unless otherwise stated, owns (or has a licence to use) all content on this site and in any of our e-newsletters, including trademarks, text, icons, audio and graphics, which are protected by copyright law. You must not publish, distribute, extract, re-utilise or reproduce any material contained either on this site or in any of our e-newsletters without our prior written permission. Content that we post to Facebook or Instagram may be shared without our prior consent, but it must not be modified or altered in any way. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.
PRIVACY POLICY
Please see our Privacy Policy here: http://www.ultraceuticals.com.au/pages/privacy-policy/
SHIPPING & DELIVERY POLICY
Please see our Shipping & Delivery Policy here: http://www.ultraceuticals.com.au/pages/shipping/
CURRENT OFFER
For current promotions please refer to the Offers tab. All promotional items are available while stock lasts.
CONTACT US
If you have any questions relating to these T&Cs our about our site, please contact us by emailing digital@ultraceuticals.com.au.