Terms and Conditions
About these Terms and Conditions
In these Terms and Conditions "we", "us" and Damask mean MediaHQ Ltd and "you" means you the user of the Website.
'Order' means order submitted by you for products on the Website.
'Products' means the products available for sale on the Website.
Your access to and use of the Damask Website (www.damask.co.nz) (Website) is subject to these Terms and Conditions. By accessing and using this Website, you accept and agree to these Terms and Conditions without any limitation or qualification.
These Terms and Conditions together with your Order, Order Confirmation and Order Dispatch constitute the entire Contract between Damask and you for the supply of Products you have ordered. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
The entire Website, copy, images, logos, trademarks, indicia, text, content, and unique method of showcasing Products (Materials) is either owned by Damask or has been licensed to Damask for use. All trademarks appearing herein are acknowledged. You must not copy, reproduce, transmit, adapt, publish, frame, post, upload, modify, broadcast or distribute or use the Materials or the name of Damask without Damask's specific, written prior permission.
Use of the Website
We will use all reasonable endeavours to ensure that the Website operates reliably and consistently but does not warrant that the use of the Website will be uninterrupted or error-free or that the Website or the server that makes it available is free of any virus or other harmful elements.
We have done our best to display as accurately as possible the colours of the Products shown on this Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst Damask makes every reasonable effort to present accurate information on this Website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
The Website may contain links to other web sites that we do not own or operate. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies. Downloading material from certain sites may risk infringing intellectual property rights or introducing viruses into your system. You should note when you leave this Website and read the privacy policies and terms of these other sites. You should also independently assess the authenticity of any website which appears or claims that it is one of our sites (including those linked to through an email).
You must indemnify and hold Damask and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties arising out of any of the following:
(a) any activity relating to your internet account, including negligent or wrongful conduct by you or anyone using the Website through your internet account;
(b) your breach of any provision of these Terms and Conditions;.
(c) any other matter regarding this Website and your use of it.
If you have to indemnify Damask under this Section, Damask will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from Damask.
Exclusion of warranties and liability
To the extent permitted by law, and without limiting your rights under the Consumer Guarantees Act 1993, Damask excludes all:
(a) warranties, conditions and representations whether express, implied, statutory or otherwise, relating in any way to the Website, your use of the Website and the information, products supplied, offered to be supplied or advertised or accessed through the Website; and
(b) liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage), costs and expenses suffered by you or claims made against you arising from or in connection with your use of the Website and the information, products supplied, offered to be supplied or advertised or accessed through this Website for any reason whatsoever (including negligence).
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
You agree that if the Products are acquired for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those Products.
Legal Capacity To Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Damask. Should Damask suffer any damage or other losses as a result of a transaction entered into by a minor, Damask reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Damask.
Placing Your Order
You may place an Order by adding items to ‘My Cart’ on the Website and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Website constitutes an invitation to treat. No information on Website constitutes or should be deemed as an offer by us to supply any Products, however Damask will make every effort to supply Products that you have ordered to you. We will notify you that your Order is being processed by sending you an Order confirmation via email (Order Confirmation), however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
Damask and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered (Order Dispatch). If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Title and Risk
Title and risk in the Products passes to you when they are delivered to the delivery address indicated in your Order.
Payment Methods and Processing
Transactions are processed via an industry standard secure https connection using IP Solutions International as a third party payment gateway. This means that you can be assured that your sensitive data such as credit card numbers will remain confidential because all information is 128bit encrypted. The server we connect to is authenticated through PKI certificates issued by a root Certificate Authority. Our payment page is also fully PCI DSS compliant please visit https://www.pcisecuritystandards.org/tech/ for more information.
All Damask purchases include GST unless otherwise stated on the Product listing.
All Damask purchases are in New Zealand Dollars.
Each 'Damask Voucher' is personal to the user receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each 'Damask Voucher' has an expiry date which cannot be modified.
The use of a 'Damask Voucher' requires the total value of the order (excluding delivery costs) to be higher than the monetary value of the discount given by the 'Damask Voucher'. Some discount 'Damask Voucher's' may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.
Under no circumstances can the value of a discount 'Damask Voucher' be deducted from an order if that 'Damask Voucher' is defective or out of date: no replacement 'Damask Voucher's will be issued.
When an order is placed using a discount 'Damask Voucher' and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.
We reserve the right to modify or amend at any time these guidelines and the methods through which benefits are earned. We reserve the right to disqualify you at any time from participation in our [Damask Referral Program] and remove any existing Damask Vouchers from your account.
Damask Gift Vouchers
All prices are listed in NZD Gift Certificates are valid for 6 months from date of purchase.
The Gift certificate may be exchanged for products of an equal or higher value, if the purchase exceeds the value of the certificate the difference can be made up using another approved method of payment.
Refunds will not be given for any unused balance at the time of purchase or the time of expiry.
This gift certificate cannot be exchanged for cash and is non-returnable.
MediaHQ Ltd reserves the right to change the Terms & Conditions.
If you order a product or service as a gift for a friend or relative, we may offer you the opportunity to add a gift message to your purchase. If you choose to use the gift message service, you acknowledge and agree that:
- The gift message you instruct us to send on your behalf to a third party will not contain anything which may cause embarrassment or distress to any person or which is otherwise unlawful or objectionable;
- You will not impersonate any person, including but not limited to any of our employees or customers;
- You are entirely responsible for the text and other content of your gift message and BeautyHQStore Ltd accepts no liability for any such content;
- We do not pre-screen messages, but may monitor content from time to time for the purpose of guarding against unlawful or inappropriate gift message; and
- We have the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Dispatch. The Order Dispatch will include a tracking number.
Damask hopes you will be delighted with your purchase. However, if for any reason you are not completely satisfied we are happy to offer a refund, exchange or replacement on all goods returned within fourteen days of your receipt of goods provided they are in their original, unopened and unused condition.
Please follow the following steps below to return your goods to Damask.
Step 1. Please email our customer services team at firstname.lastname@example.org to obtain a returns authorisation number (RAN). You will need to provide full details of your customer order number, which is provided in the documentation that arrives with your order, together with details of the items you wish to return.
Step 2. Once you have received your RAN please enter it into the space provided on the returns form included in the documentation you receive with our order. You also need to indicate on this form whether you would like a refund, replacement or exchange. Please remember that in order for the return to be processed you must ensure that the completed form is included with your return package and that the goods are wrapped securely in the same outer packaging in which you received it.
Step 3. Please return your package by recorded delivery (retaining your recorded delivery receipt as proof of postage) using the pre-printed shipping label supplied with your shipping order.
Step 4. All goods will be examined upon receipt as for reasons of hygiene we are unable to offer refunds, replacements or exchanges on any opened or used goods. We will process your return as quickly as possible and will notify you by email once your refund, replacement or exchange has been processed. During busy periods, please allow a maximum of 30 days for your refund, replacement or exchange to be processed.
Your payment for the goods will be refunded by Damask as soon as possible by the original payment method, no later than 30 working days after we have received the goods. Please note that delivery charges are not refunded.
In addition to our returns policy you have the legal right to cancel your order within 7 working days from the date of the receipt of the goods if you send us a notice of cancellation in writing and return of the goods to us in their original, unopened and unused condition. Where goods are delivered to a third party you may also exercise this right if you are able to return the goods to us in their original, unopened and unused condition.
We will refund any items damaged in transit, at our cost, just as soon as we receive the damaged item back. We apologise for any inconvenience. It would also be very helpful if you were able to include some digital pictures of the damage so we may be able to assess it and process your replacement quicker
Your Data - Use And Protection
You shall not assign or transfer any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Damask. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Damask reserves the right to change the Terms and Conditions at any time.
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
You and Damask are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions.
Damask shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Damask, and Damask shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.