Terms of Service
This website is operated by Samala Cosmetics Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Samala Cosmetics. Samala Cosmetics 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 “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
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 website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service 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.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service 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 service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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.
In no case shall Samala Cosmetics, our directors, officers, employees, affiliates, agents, contractors, interns, 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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.
You agree to indemnify, defend and hold harmless Samala Cosmetics and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ 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.
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.
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).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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.
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..
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 Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.
Returns and Refunds Policy
In the unlikely event that you receive a product that is faulty we will meet our obligations under the Consumer Guarantees Act 1993 to provide a remedy. Please contact us at firstname.lastname@example.org and we will be in touch, normally within one working day.
If the products delivered do not match your invoice, please notify us straight away. We will correct any error or inaccuracy within an order, so long as it is bought to our attention with 3 working days of you receiving your order.
Due to New Zealand health regulations we are unable to receive products back if you have simply changed your mind, so please order carefully.
If you feel that the products you have received are not what you ordered or are faulty, please do let us know immediately by email (email@example.com) so we can help.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds
If you haven’t received a refund yet please follow these steps:
First, check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
In the event of items on the site being offered ‘on sale’ or ‘on special’, please note that unfortunately sale items cannot be refunded. Only regular priced items may be refunded.
To return your product, please email us at email@example.com with a brief explanation for the reason of the return and we will issue you with a return number. Once you have been issued with a return number you should mail your product to: Samala Cosmetics Ltd., #RETURN NUMBER, Level 1, 3 Melrose Street, Newmarket, Auckland 1041, New Zealand.
If you receive damaged or faulty goods, incorrect goods or goods not as advertised we will reimburse the cost of return shipping.
Refund of shipping is non-refundable for goods returned due to a customer changing their mind or an exchange.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
All prices are displayed in NZD.
At the time of you placing your order, the price specified on this website is the price that you must pay to ensure your order is accepted by us. New Zealand orders are inclusive of GST. International orders do not include GST.
We reserve the right to alter prices for any reason.
The prices on this website are independent and therefore may vary from retail stockists or partners. Where applicable, you are responsible to pay for any taxes, import duties, levies or tariffs which may be payable on international orders.
Paying for your order
We will accept your order upon the receipt of your payment in full. Payments can be made by credit card (Visa or MasterCard) via secure DPS Payment processing. You can be confident that your payment details are protected by the latest security mechanisms and are used only for the purpose of transaction fulfilment. Unless otherwise specified, freight and handling charges are applied to every order.
Samala Cosmetics is a New Zealand company and we operate out of Auckland, New Zealand. All orders are shipped from our offices at 3 Melrose Street, Auckland 1041. We deliver to New Zealand addresses and around the world.
Standard service is next day delivery ($6) or FREE if you spend over $79. For the NZ next day delivery service, orders must be received by 10am otherwise delivery will be the following day. To track your delivery, visit PBT and enter your Track & Trace number. For rural deliveries (RD) allow up to 5 working days from receipt of the confirmation email.
Normally 3-10 working days via standard delivery, from $13. The cost for international deliveries is determined automatically in your Shopping Cart and is weight and dimension dependent. International orders are dispatched via standard delivery (untracked) by International Air . The target delivery time is 3-10 working days. A tracked courier service can be requested but will incur additional delivery fees. Delivery to areas outside major cities or where your item is dutiable or held in Customs, may take longer. Orders over the value of NZD$1,000 will incur an additional fee (Export Entry certification).
Once your order has been shipped we will send you a confirmation email, including the courier’s Track & Trace number if applicable. If your order does not arrive within the normal target maximum 10 day delivery period, email firstname.lastname@example.org or call +64 9 524 4888.
New Zealand deliveries are automatically insured up to the value of $1,500. International deliveries are automatically insured up to the value of $250 however additional cover is optional as per shopping cart check-out.
Samala Cosmetics values you and respects your privacy. When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
We collect this information about you through our website in an effort to improve your shopping experience, as well as communicate with you about our products, services and promotions. We do not sell or rent your personal information to third parties. We may under certain circumstances share your information among third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service. If our information practices change, we will post an updated policy on our website.
How does Samala Cosmetics use your information?
- We may use your personal information in the following ways:
- To process and fulfil your order, includes emailing you order confirmation and courier tracking details
- To communicate with you and to send you information by email, postal mail or other means about our products, services and promotions, unless you have directed us not to contact you with promotional communication
- To administer and fulfill our promotions
- To help us learn more about your shopping preferences
- To help us address problems with, and improve, our site design, products and services
- To enhance your shopping experience
- To analyse trends and statistics
- To protect the security or integrity of our website and our business
- To contact you if necessary
If we do ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. You always have the choice to stop receiving marketing information. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com or mailing us at:
Level 1, 3 Melrose Street, Newmarket, Auckland 1041, New Zealand.
Does Samala Cosmetics share your information?
We may share your personal information in the following ways:
- With such service providers as we may use to manage our customer information and perform services on our behalf. These may include promotions, and communications to our customers. We do not authorize these service providers to make any other use of, or disclosure of, your information
- Shopify: Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. When paying through the direct payment gateway that our site uses (see ‘Payment Express’ below), 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. For more insight, you may also want to read Shopify’s Terms of Service (http://www.shopify.com/legal/terms) or Privacy Statement ( http://www.shopify.com/legal/privacy)
- Other Third-party services: In general, any third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. Third-party service providers have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. We recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers (see, especially, ‘Shopify’ above, and ‘Payment Express’ below)
- Links: when you click on certain links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements
- To conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law, or if you violate our Terms of Service
- To protect our rights, or property, or those of our related companies
- To enforce our terms and conditions
- To act in the interest of Samala Cosmetics, or our related companies, customers or others as deemed appropriate
Our website uses "cookies," which are small data files that are stored on your computer when you visit a website. Cookies enable you to shop on our websites and may be used in a variety of ways to enhance or personalize your online browsing and shopping experience. Cookies may also be used to collect transaction information needed by a script or loyalty program to which you may have authorized us to provide your personal information. You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. However, if you do not accept cookies, you may not be able to access your account information or make purchases on our websites.
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite. If the shop has a password, this is used to determine if the current visitor has access.
How do I know my personal information is secure?
Our aim is to provide you with a safe and convenient shopping experience. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. In addition, Samala Cosmetics limits the number of employees that have access to any databases that may contain personal data, and employees are advised of the importance of confidentiality.
If you enter your credit card information on our website the information is encrypted using Secure Sockets Layer (SSL) technology and stored with an AES-256 encryption to protect your information as it is transmitted to us. When an online retailer uses SSL technology, at the checkout the online retailer servers and your PC encrypts everything that you enter into your computer, such as credit card details, billing and delivery address. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally-accepted industry standards to help ensure that your personal information is as safe and secure as possible.
Using Our Website
You are responsible for your own use of this website. You may not authorise others to use your Samala Cosmetics account. You may not download, modify, transmit or use any material from this website for public or commercial purposes. The content, information and any advice actual or implied on this website is free of charge, unless otherwise stipulated.
Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Copyright & Intellectual Property
Copyright and intellectual property rights in the material contained in this website (including text, images etc.) are owned and protected by Samala Cosmetics. Any reproduction or use of the content on this website without the written consent of Samala Cosmetics is prohibited. We are the exclusive owner of all rights in the compilation, design and layout of this site.
Third Party Websites
This website may contain links to other websites. Except in the case of other websites also owned by us, they have not been prepared by us and we do not control them. Any such third-party websites are provided for your convenience only and do not imply that we check, endorse, approve or agree with the third party websites that our website links to.
Content for Information Purposes Only
The content on this website has been prepared solely for the purpose of providing information about Samala Cosmetics and the products that we offer. We have provided content for general information purposes only and all content (including content accessed through this website) must be viewed in this way. While we have done our best to ensure the information on this site is current, accurate and complete, we do not guarantee that it will be when you access it. You must make your own assessment of the suitability of the content for your own, individual purpose. You are solely responsible for the actions you take in response to the content on this website.
Advice Within this Site
Without limiting the generality of the above, content should not be treated as constituting medical or professional advice and should not be relied on as such. Specialist medical or professional care and advice should always be sought, by you, for your particular circumstances from your medical adviser or practitioner.
Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org or by mail at
Samala Cosmetics Ltd
[Re: Privacy Compliance Officer]
P O Box 3888, Auckland 1140, New Zealand.