Terms of Service
These terms and conditions apply to all users of www.happy-skin.co website operated by Essano Limited (“we”, “us” and “our”). If you do not agree to be bound by these terms and conditions, you must stop accessing and using the Website and you should not place an order through the Website.
1. Users outside New Zealand: The Website and the related business is operated by Essano Limited from New Zealand. The information on the Website may not be appropriate or available for use in other jurisdictions. If you choose to access the Website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
3. Copyright, Trademarks and Limited Reproduction Notices: The design and contents of the Website are the copyright of Essano Limited or suppliers to us. No part of the Website may be distributed or copied for any commercial purpose and you are not permitted for any purpose to incorporate the contents of the Website or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any trademarks or logos that appear on the Website or on any content on the Website.
4. Links Provided: The contents of the Website may include links to third party materials. We will not be responsible for the contents of any linked sites or be liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by us or any association with its operators.
5. Links to our Website and Framing: We reserve the right to prohibit links to the Website and you agree to remove or cease any link upon our request. You may not frame any part of the Website content by including advertising or other revenue generating material.
6. Advertising: Any dealings with any advertiser appearing on the Website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any such dealings or promotions.
7. Disclaimer: We make the Website and its information and content available as a general information service only. The content provided on the Website has not been prepared by taking into account the particular objectives, situation or needs of any individual users.
8. Exclusion of liability: To the fullest extent permitted by law, but without limiting any consumer laws which may be not excluded or limited (such as the New Zealand Consumer Guarantees Act 1993) we exclude:
a. all warranties and representations in relation to the Website (including in any content on the Website and services provided through the Website) whether express, implied, statutory or otherwise and we will not be responsible for any errors or misstatements in the Website.
b. all liability in relation to the Website whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity).
9. Registration and accounts: Where you complete a registration in relation to the Website:
a. Password security: You will ensure that all usernames and passwords required to access the Website are kept secure and confidential and you will notify us immediately of any unauthorised use of your password or any other breach of security.
b. Account transfer: You may not transfer your account to another user or maintain more than one account with us without our consent.
c. Registration data: You confirm that the data you provided to us on registering as a registered user was at the time you provided it current, complete and accurate, and you agree to maintain and update the data as required to keep it so.
d. Reliance upon password: You release us from and renounce any claim in respect of or arising from any reasonable reliance by us upon any use of your password, including us disclosing information relating to your registration and/or affairs with us. You agree to indemnify and hold us, our officers and employees harmless from any claims, actions, costs (including legal costs), or losses by us or any third party due to or arising out of reasonable reliance by us or any third party upon any acts carried out, requests made or information provided through the use of your password.
e. Suspension and termination: We may, at our sole discretion, suspend or terminate your account and limit your access to the Website.
10. Communication tools: If you use any communication tools available through the Website (such as writing a product review) you agree only to use such communication tools for lawful and legitimate purposes. You must not use any communication tool for posting or disseminating any material unrelated to the use of the Website, including (without limitation) offers of goods or services for sale, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Website, or material or data in violation of any law (including data or other material that is protected by copyright or trade secrets which you do not have the right to use). When you make any communication on the Website, you represent that you own the content of the communication. We are under no obligation to ensure that the communications on the Website are legitimate and we are not able to monitor communications at all times. We reserve the right to remove any communication at any time in our sole discretion. Please report any objectionable information to us at: firstname.lastname@example.org.
11. Comments: 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 to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments..
12. Prohibited conduct: You must not do any of the following when you use the Website:
a. take any action that in our opinion imposes an unreasonable load on the infrastructure of the Website, including but not limited to "spam" or other such unsolicited e-mailing techniques;
b. use the Website for any purpose that is unlawful or prohibited by these terms and conditions, including without limitation the posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
c. publish advertising material of any kind or market any goods or services directly to other users; or
d. attempt to disrupt or interfere with the operation of the Website, or transmit any worms or viruses or any code of a destructive nature.
13. No reselling: Purchases placed through our online store must be for personal use only. We do not allow reselling or bulk purchases of our goods, and if we feel you are in breach of this or you exceed our limit of 5 per individual product, we may reject and refund your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
14. Products or services:
a. Prices and descriptions for our products are subject to change. We reserve the right to discontinue any product at any time.
b. 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 or in accordance with consumer rights you may have at law which cannot be limited or excluded.
c. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. But we cannot guarantee that your computer monitor's display of any colour will be accurate.
d. 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 reserve the right to limit the quantities of any products or services that we offer. We may exercise this right on a case-by-case basis.
15. Special Offers: Any offer is valid from the date it goes live on the site until closing dates stated. Offer is not applicable to purchases made prior to the start or after the end of the promo period. Limit of one use per person. Offer is not valid in conjunction with any other discount, code, free gift or promotion.
16. Orders: 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.
17. 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, to the maximum extent permitted by law, we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. To the maximum extent permitted by law, 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 and conditions.
19. No Relationship: These terms and conditions will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between us and you.
20. General: If at any time we do not enforce any of these terms or conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining terms and conditions will be binding on the parties.
21. Law: These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.
22. Contact: If you have any questions or concerns in relation to the Website or these terms and conditions please contact us by email at email@example.com or by mail at Essano Limited, 127 Montgomerie Road, Airport Oaks, AUCKLAND, NZ, 2022, New Zealand.
Promotional Terms & Conditions
1. Bundle savings:
To qualify for the bundle savings, you must purchase the bundle in its entirety as listed. You may not change the individual items within the bundle. The value of the bundle is shown as the sum of all items' Recommended Retail Prices (RRP). Bundles may be changed, added or removed at any time depending on stock availability. The bundle savings is an online exclusive offer, which is only available on happy-skin.co. We reserve the right to modify, extend and cancel this offer for any reason without notice.
"Build your own" bundles allow you to pick items of your choice that make up the bundle to enjoy a savings. The value of the bundle is shown as the sum of all items' Recommended Retail Prices (RRP). "Build your own" bundles may be changed, added or removed at any time depending on stock availability. The bundle savings is an online exclusive offer, which is only available on happy-skin.co. We reserve the right to modify, extend and cancel this offer for any reason without notice.
2. Competition Terms and Conditions
The following terms and conditions (“Terms”) apply to giveaways held on the essano website, Facebook or Instagram pages:
Each giveaway starts when the post or page is published on either social media platform, or our website, and unless stated otherwise exclusive to essano Facebook or Instagram followers only. Winners will be selected on a date stated. No further correspondence will be entered into.
Information on how to enter forms part of the Terms. Participation in this competition constitutes acceptance of these Terms.
Directors, management and employees (and the immediate families of directors, management and employees) of the Promoter or the agencies or companies associated with this competition are ineligible to enter.
To enter the competition on either Facebook or Instagram, entrants must complete the task outlined in the copy of the giveaway post (internet access required) by the date specified in the applicable giveaway post (“Closing Date”). Entrants will need to be a follower of the essano Facebook, Instagram or Tiktok page to enter, and reside in New Zealand or Australia, unless otherwise stated.
The Promoter accepts no responsibility for late, incomplete, incorrectly submitted, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
The prize will be as outlined in each giveaway post.
Whenever possible the winners will be notified within 10 days of the Closing Date. The Promoter will send out the prizes to the winners within 30 days of the Closing Date.
The winners will be selected at random from all valid entries received, unless otherwise stated.
The winners must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) surrounding the winning of the prize, free of charge, and they consent to the Promoter using their name and any images submitted in promotional material.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense or damage which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using the prize, except for any liability which cannot be excluded by law (including personal injury, death and fraud) in which case that liability is limited to the minimum allowable by law.
The prizes are not transferable or exchangeable and cannot be redeemed for cash or any other form of compensation. In the event for any reason the prize winners do not take an element of the prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winners and neither cash nor any other form of compensation will be supplied in lieu of that element of the prize. If for any reason a prize is not available, the Promoter reserves the right to substitute another prize for it, in its sole discretion, of equal or higher value.
If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries.
If a winning entry is deemed not to comply with these Terms, the entry will be discarded and a new winner of the prize will be randomly selected.
The Promoter reserves the right to publish the names of competition winners.
The names of the winners may be obtained by sending a stamped addressed envelope to: essano, PO Box 73074, Auckland Airport, Auckland 2150, New Zealand.
The Promoter is Essano Limited (“Promoter”) whose address is at 127 Montgomerie Rd, Airport Oaks, Auckland 2022, New Zealand.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.