SALE TERMS AND CONDITIONS
MYM Cosmetics Limited trading as ‘MYM’
These Sales Terms and Conditions apply to your purchases from MYM. The Credit Contract Disclosure Document and that we have provided you with where you are paying by way of instalment, sets out the terms that apply in respect of the credit provided. You should read both documents carefully.
Copies of all our terms and policies are on our website (www.mym.co.nz)
485D Rosebank Road, Auckland 1026 – (09) 320 5769 | Email: firstname.lastname@example.org
- Application – means the document named “Application for Fixed Instalment Credit Contract” as detailed in the “Checkout” section of the website.
- CCCFA – means the Credit Contracts and Consumer Finance Act 2003.
- Contract – means the Consumer Credit Contract between yourself and ‘MYM’, in relation to the purchase of Products in accordance with these Sale Terms, being the Standard Terms and Conditions of Consumer Credit Contract and the Disclosure Document.
- Disclosure Document – means the document named “Credit Contract Disclosure” provided in accordance with the CCCFA
- FTA – Fair Trading Act 1986.
- Products – means the products listed for sale on our Website (mym.co.nz)and specified in your Application.
- Purchase Price – this is the total cost (including GST) of product/s you have purchased from us and we have agreed to supply to you (as set out in the Application).
- Sale Terms – means these terms and conditions of sale.
- We, our or us – means MYM Cosmetics Limited trading as ‘MYM’.
- Website – means mym.co.nz – our website.
- You – means the person named as the “Purchaser” in the relevant Application.
2. Agreement to sell:
2.1. We shall sell, and you shall purchase, Products in accordance with these Terms of Sale. If you disagree with any of these terms you should not purchase Products from our website. By proceeding to purchase Products you represent and acknowledge that you are have read and agree to, these Terms of Sale and, where applicable, the Contract.
3.1. When you place an order, you are making an offer to purchase goods. You will be required to provide personal details to enable us to complete the order for you.
3.2. You must order the Products in accordance with the instructions on our website and complete and confirm an Online Application on our Website. Completion of your order is subject to stock availability and we will advise you if there is an issue. To the maximum extent permitted by law, we will not be liable to any person for any amount if we decline to fulfil, or are unable to fulfil, an order.
3.3. We may revise and/or discontinue Products at any time without notice. By placing an order with us, you should be aware that certain Products may not be available or may be limited in numbers.
3.4. The Purchase Price for the Product is the retail price listed on our website, confirmed by us at the time we accept your order. Delivery fees will apply (or are included).
4. Payment Terms in General:
4.1. Direct debit is our only method of payment (Credit Card & Bank Account). You have consented to payment by direct debit when you have completed the appropriate authority as part of the application process.
Payment may be made in full or in accordance with an instalment arrangement under a Contract.
4.2. All payments are required in New Zealand dollars.
5.1. Once your order has been confirmed it is best to call us if you want to cancel (or amend) your purchase. If you have entered a Contract with us and are paying by instalments, then you have the right to cancel that Contract provided you do so by giving us notice within 7 working days of receiving the Contract from us by email. If you have already received the Products you will need to pay the full price for them (unless we agree otherwise with you) within 15 working days of giving us notice of cancellation.
Full details of your right to cancel your credit with us are set out in the Contract. A cancellation fee may be charged when you cancel your Contract after the statutory period but before delivery.
You may cancel your purchase with us at any time up to delivery. However, given we like to get orders completed as soon as possible for our customers, please get in touch as soon as possible or it may be too late.
6. Consumer Guarantees Act:
6.1. Nothing in these Sale Terms limit or affect your rights as a consumer under the Consumer Guarantees Act 1993 to the extent that such limitation or other contracting out is prohibited by that Act.
7.1. We currently only supply to New Zealand addresses.
7.2. Delivery of a Product you have ordered from our website will be made either after we have received the first instalment payable by you under your Contract or payment in full has been made, depending on how you have chosen to pay for your order.
7.3. As delivery is usually made by a courier company, you must ensure someone is available to accept delivery. Please ensure that the delivery address and recipient details are accurate and correct, especially if you are using a work address. If the Products are returned to us and we are unable to contact you, we will hold the Product you have purchased until such time as you provide us with a delivery address.
7.4. We will not be responsible for any Products missing due to incorrect delivery information provided by you.
7.5. We will not be responsible for any Products missing or damaged that have been delivered to the address recorded on the Application.
7.6. We will try and deliver Products within the timeframes agreed but, to the maximum extent permitted by law, we will not be liable for late delivery. We note that delivery to rural areas may sometimes take a little longer in some areas.
7.7. Delivery will be deemed to have been made when the goods arrive at the delivery address provided by you.
7.8. Any return of goods is subject to our Returns Policy.
8. Product Guarantee:
8.1. If the exact model of a Product you have ordered from our Website is no longer available, we will wherever possible offer you a comparable replacement. We will contact you for agreement before any Product is sent to you.
9.1. To the maximum extent permitted by law:
- We exclude all warranties, descriptions, representations or conditions on relation to the Products provided by us implied by law, trade, custom or otherwise;
- Our liability for any claim, damage, loss or expense related to our supply of Products is limited to the cost you paid to us for the Products;
- We will not be liable, whether in contract, tort (including negligence) or otherwise for any indirect, consequential or special damages whatsoever arising from the supply of Products to you.
9.2. We reserve the right to make changes to our website, including removal or suspension, at any time without prior notice.
9.3. We reserve the right to amend these Sale Terms without notice. By using our website you agree to be bound by these Sale Terms and it is your responsibility to check to ensure you are aware of the current terms.