Terms of Service

OVERVIEW 

This website is operated by Aleph Beauty Limited. Throughout the site, the terms “we”, “us” and “our” refer to Aleph Beauty Limited. Aleph Beauty Limited 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 communicating with us 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.

SECTION 1 - 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.

SECTION 2 - GENERAL CONDITIONS

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.

SECTION 3 - 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.

SECTION 4 - 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.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

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 anytime 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.

SECTION 6 - 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.

SECTION 7 - 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 website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

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.

SECTION 9 - USER COMMENTS, IMAGES, VIDEO, FEEDBACK AND OTHER SUBMISSIONS

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, reviews, photographs, video, 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 material in confidence; (2) to pay compensation for any material; 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, libelous, 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 libelous 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.
MEDIA RELEASE The User hereby grants Aleph Beauty Limited, its representatives, and its employees the right to use User's materials in any and all media, now or hereafter known, and exclusively for the purpose of promoting the Company and its products. The User further consents to the Company's use of any printed matter or electronic material in conjunction therewith.
CONSENT TO USE TESTIMONY/REVIEW/COMMENT/EMAIL The User consents to the Company's use, reproduction, publishing, and public display of the User's testimonies, reviews, comments, emails, or other written or recorded materials that were provided by the User, in whole or in part, without restrictions for promotional, advertising, or commercial purposes.
RELEASE AND WAIVER The User hereby releases and discharges the Company, its agents, representatives, and employees from any and all claims and demands arising out of or in connection with the use of said photographs, videos, testimonies, reviews, comments, emails, or written or recorded materials, including but not limited to, any claims for defamation or invasion of privacy.
LIMITATION OF LIABILITY The User agrees that the Company will not be liable to the User or to any third party for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use of the User's image, testimonial, or other provided content.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - 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.

SECTION 12 - 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 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.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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 aleph beauty, 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.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless aleph beauty 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.

SECTION 15 - 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.

SECTION 16 - 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).

SECTION 17 - DISCOUNTS, PROMOTIONS AND SPECIAL OFFERS

From time to time Aleph Beauty may or may not make discounts available to customers. 

Discount code offers may be restricted to use by certain customers or on specific products or orders and Aleph Beauty reserves the right to cancel, modify or restrict these offers at any time without notice and for any reason. Discount code offers may not be shared, sold or bartered. Discount codes from unauthorized Internet postings are not valid and may be declined. Aleph Beauty reserves the right to decline and cancel orders placed with discount codes at its sole and final discretion. Placement or confirmation of an order does not constitute final acceptance of any order.

Offers cannot be combined with any other offer or coupon code. Only one offer or coupon code may be used per transaction. Offers are not valid for previous purchases or in combination with any other promotions, discounts, or special offers. Offers are subject to change without notice and is only valid while supplies last. Aleph Beauty reserves the right to modify or cancel offers at any time without prior notice. Other restrictions may apply.

Black Friday Promotion Terms

To qualify for the Black Friday promotion, your order must meet the required minimum spend threshold. Exclusions apply. This promotion cannot be used in conjunction with any other discount codes, offers, or promotions. Only one promotion can be applied per transaction. Returns Policy: Items purchased during the Black Friday offer period are subject to our standard returns policy. However, refunds or exchanges may not apply to discounted items unless they are faulty. Discounts cannot be applied to purchases made outside of the promotion period. Shipping: Standard shipping terms apply. A Shipping delay due to high order volumes may occur. Prices on previously purchased items will not be adjusted to match Black Friday savings. By participating in this promotion, you agree to these terms and conditions. Offer available from Tuesday, 26th November to midnight on Monday, 2nd December (NZST). Availability: This offer is available to New Zealand residents only. No rainchecks will be provided. Stock is limited, and sale items are available on a first-come, first-served basis. 

Competition Promotion

From time to time, Aleph Beauty may run promotional competitions. 

• Aleph Beauty is the promoter of this competition.
• These Terms and conditions are effective for all marketing platforms/ accounts and activity setup and managed by Aleph Beauty.
• By providing their email address, the consumer expressly consents to receiving marketing communications from Aleph Beauty.
• Aleph Beauty is not liable for participating brands' products or actions. The responsibility of products or services lies with the individual brands.
• The competition commences when posted on Instagram and closes 24 hours after the time the content was initially posted. Entries received after this closing time will be ineligible for entry.
• Entrants must follow the relevant Instagram account for any given competition and comment as directed in the competition instructions. Entry into the competition is automatic upon commenting.
• Winners will be selected at random by Aleph Beauty. The winners will be drawn on the date specified on the competition post. If the winner does not respond via private message within 3 days then the prize is forfeited and a further draw(s) will be conducted. The promoters’ decision is final and no correspondence will be entered into. The prize is not transferable and cannot be exchanged or redeemed for cash.
• Winners of the giveaways must be from New Zealand. Prizes cannot be sent internationally. If a winner is drawn from overseas the prize will be forfeited and a further draw(s) will be conducted.
• The winner(s) will receive the prize stated in the post copy.
• The Promoter (and not Meta) collects entrants’ personal information to conduct the competition. By providing this information the entrant consents to their information being passed onto participating brands. If the information requested is not provided, the entrant may not participate in the competition.
• This promotion is in no way sponsored, endorsed or administered by, or associated with, Meta. You understand that you are providing your information to Aleph Beauty - not to Meta. The information you provide will only be used for drawing and contacting the winners of the promotion, except for entrants who have agreed to receive further communication from Aleph Beauty.
• Aleph Beauty reserves the right to update or change these terms and conditions at any time, at which time any changes applied would be applicable to any competition starting on or after the updated date.
• Prizes are non-returnable and non-exchangeable.

SECTION 18 - ENTIRE AGREEMENT

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.

SECTION 19 - 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.

SECTION 20 - CHANGES TO TERMS OF SERVICE

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.

SECTION 21 - INTELLECTUAL PROPERTY AND COPYRIGHT

All content, such as text, photography, video, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Aleph Beauty Limited or its content suppliers and protected by New Zealand and international copyright laws. The compilation of all content included in or made available through this website is the exclusive property of Aleph Beauty Limited and protected by New Zealand and international copyright laws.

SECTION 22 - TRADEMARK

The Aleph Beauty name, logo, and logo-mark are trademarks of Aleph Beauty Limited. All rights are reserved. Aleph Beauty Limited's trademarks may not be used in connection with any product or service that is not Aleph Beauty Limited's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aleph Beauty Limited. All other trademarks not owned by Aleph Beauty Limited that appear in any Aleph Beauty platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aleph Beauty Limited.

SECTION 23 - INFORMATION

The information available on, or through this website includes information provided by Aleph Beauty Ltd and information provided by third parties (providers of information). This information is intended to provide general information to the public. The information on alephbeauty.com should not be your only source of information. We recommend you seek professional advice as appropriate.

Aleph Beauty endeavours to ensure that the information on alephbeauty.com is reliable and accurate at the time of publishing, however:

- Neither Aleph Beauty Ltd, nor any of its employees, contractors, and providers of information, make any express or implied representations or warranties regarding the material and facilities contained or referred to in this site;
- Aleph Beauty Ltd, its employees, contractors and providers of information, do not accept any liability, for any reason whatever, for any loss or damage which may arise in any way;

   (a) out of the use of any of that material or facilities; or

   (b) from errors in or omissions from that material or facilities; or

   (c) from inaccuracy of any information obtained through use of this site.

- Aleph Beauty Ltd makes no warranty, express or implied, nor assumes any legal liability or responsibility for the accuracy, correctness, completeness or use of any information that is available on or through this website.
- Aleph Beauty Ltd is not responsible for the content of other websites linked to, or referenced on this website. The inclusion of, or reference to any link to another website, or reference to any specific commercial product, process, or service, whether by trade name, trade mark, manufacture, or otherwise, does not constitute an endorsement, verification or recommendation by this site, or Aleph Beauty Ltd.
- Nothing contained on this website is, or shall be relied on as, a promise or representation by Aleph Beauty Ltd.
- Aleph Beauty Ltd may change, delete, add to, or otherwise amend information contained on this website without notice.
- The contents of this website should not be construed as legal, medical or professional advice. We recommend consulting with your professional health service provider.
- Each page on this website must be read in conjunction with this disclaimer and any other disclaimer that forms part of it.

SECTION 24 - Mobile Terms of Service

The Aleph Beauty mobile message service (the "Service") is operated by Aleph Beauty Limited (“Aleph Beauty”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Aleph Beauty’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Aleph Beauty through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Aleph Beauty. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18446620836 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Aleph Beauty mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18446620836 or email info@alephbeauty.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

 

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@alephbeauty.com.