Terms & Conditions

TERMS & CONDITIONS

1.0 DEFINITIONS

“Boutique Beauty” means Boutique Beauty Limited and any related company supplying Goods or Services and includes its successors and assigns.

“Customer” means the party purchasing Goods or Services on a pay-upfront basis and includes its trustees, executors, successors and permitted assigns.

“Goods” means products supplied by Boutique Beauty as described on invoices, order confirmations or delivery documents.

“Services” means any services supplied by Boutique Beauty.

“PPSA” means the Personal Property Securities Act 1999.

“PPSR” means the Personal Property Securities Register.

PAY UP FRONT TERMS & CONDITIONS

2.0 PAYMENT

2.1 All Goods and Services are payable in full prior to dispatch or performance, unless otherwise agreed in writing.

2.2 Payment must be received and cleared before goods are released.

2.3 The Customer has no right to:

  • Set off amounts
  • Withhold payment
  • Deduct disputed sums

2.4 Prices are payable in full regardless of any dispute unless agreed otherwise in writing.

3.0 DELIVERY

3.1 Delivery occurs when Goods are dispatched from Boutique Beauty’s premises.

3.2 All carriers are deemed agents of the Customer.

3.3 Boutique Beauty may suspend or cancel orders if:

Payment has not been received

  • The Customer breaches these Terms
  • Force majeure events prevent supply

Boutique Beauty shall not be liable for any resulting loss or delay.

3.4 Goods may only be returned with prior written approval.

Freight and associated return costs are the Customer’s responsibility unless agreed otherwise in writing.

4.0 RISK

4.1 Risk in Goods passes to the Customer upon dispatch, whether or not Goods are received.

4.2 The Customer is responsible for insuring Goods from the time of dispatch.

5.0 OWNERSHIP & RETENTION OF TITLE

5.1 Ownership of Goods remains with Boutique Beauty until payment is received in full and cleared.

5.2 Until ownership passes, the Customer:

  • Holds Goods as bailee
  • Must store Goods separately and clearly identifiable
  • Must not sell, encumber or grant security over Goods without payment being made in full

5.3 Any proceeds from sale of unpaid Goods belong to Boutique Beauty.

6.0 PPSA

6.1 The Customer grants Boutique Beauty a security interest in:

  • All Goods supplied
  • Their proceeds
  • Any replacements

6.2 Boutique Beauty may register its security interest on the PPSR.

6.3 The Customer waives, to the extent permitted by law:

  • Rights under sections 114(1)(a), 116, 120(2), 121, 125, 129, 133 and 134 of the PPSA
  • The right to receive verification statements

6.4 The Customer must notify Boutique Beauty immediately of any change of name or ownership structure.

7.0 LIABILITY & CONSUMER LAW

7.1 To the maximum extent permitted by law, all warranties and conditions not expressly stated in these Terms are excluded.

7.2 Where Goods or Services are acquired for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply to the extent permitted by law.

7.3 Boutique Beauty’s total liability for any claim shall not exceed the purchase price paid for the relevant Goods or Services.

7.4 Boutique Beauty shall not be liable for:

  • Indirect or consequential loss
  • Economic loss
  • Loss of profits
  • Business interruption

8.0 PRIVACY

8.1 The Customer authorises Boutique Beauty to collect, use and disclose personal information for purposes including:

  • Account management
  • Credit assessment
  • Debt recovery
  • PPSR registration

8.2 Boutique Beauty may obtain credit information from third parties and disclose repayment information to credit reporting agencies where required.

8.3 Personal information is handled in accordance with the Privacy Act 2020.

9.0 AMENDMENTS

Boutique Beauty may amend these Terms from time to time.

Updated Terms will be published on the website or provided in writing.

Continued ordering after notice constitutes acceptance of amended Terms.

10.0 GENERAL

10.1 These Terms constitute the entire agreement between the parties relating to pay-upfront supply.

10.2 If any provision is held unenforceable, the remainder remains in full force.

10.3 These Terms are governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the New Zealand Courts.

 

CREDIT TERMS & CONDITIONS

2.0 APPLICATION OF TERMS

2.1 These Terms apply to all Goods and Services supplied by Boutique Beauty.

2.2 By applying for credit, placing an order, or accepting delivery, the Customer agrees to be bound by these Terms.

2.3 These Terms prevail over any other terms unless agreed in writing by Boutique Beauty.

3.0 PAYMENT

3.1 Payment is due in full by the 20th of the month following invoice date, unless otherwise agreed in writing.

3.2 Time for payment is of the essence.

3.3 The Customer may not:

  • Withhold payment
  • Set off any amount
  • Deduct disputed sums

Any invoice dispute must be raised within 7 days of the invoice date.

3.4 If any amount is overdue, Boutique Beauty may charge default interest at 2.5% per month (calculated daily and compounding monthly).

3.5 The Customer indemnifies Boutique Beauty for all recovery costs incurred, including:

  • Debt collection agency fees
  • Legal costs on a solicitor/client basis
  • Administration costs
  • Bank dishonour or chargeback fees

3.6 All monies become immediately due and payable if the Customer:

  • Defaults under any agreement
  • Becomes insolvent
  • Enters liquidation, receivership or voluntary administration
  • Enters into a creditors’ compromise
  • Has its credit standing impaired

4. CREDIT & SUSPENSION

4.1 Credit is granted at Boutique Beauty’s sole discretion.

4.2 Boutique Beauty may:

  • Withdraw credit at any time
  • Require payment prior to dispatch
  • Place the account on immediate credit hold

4.3 Boutique Beauty may suspend supply immediately if:

  • Any invoice is overdue
  • The Customer breaches these Terms
  • Boutique Beauty reasonably believes payment is at risk

5.0 DELIVERY & RETURNS

5.1 Delivery occurs when Goods are dispatched from Boutique Beauty’s premises.

5.2 All carriers are deemed agents of the Customer.

5.3 Boutique Beauty is not liable for delay or failure to supply due to events beyond its reasonable control (including force majeure).

5.4 Goods may only be returned with prior written approval. Freight and return costs are the Customer’s responsibility unless agreed otherwise.

5.5 Boutique Beauty may stop future deliveries until all outstanding amounts (whether due or not) are paid.

6. RISK & INSURANCE

6.1 Risk passes to the Customer upon dispatch, whether or not Goods are received.

6.2 The Customer must insure the Goods for full insurable value until paid in full.

6.3 If Goods are lost or damaged, insurance proceeds must be paid immediately to Boutique Beauty and the Customer remains liable for any shortfall.

7.0 RETENTION OF TITLE

7.1 Ownership of Goods remains with Boutique Beauty until full payment of:

  • All amounts owing
  • Including interest and recovery costs

7.2 Until ownership passes, the Customer:

  • Holds Goods as bailee
  • Must store Goods separately and be identifiable
  • Must not grant security interests over
  • Goods shall not be entitled to sell or deliver possession of the goods to any other person.

7.3 If the Customer defaults, Boutique Beauty may enter any premises (including leased premises) without notice to recover Goods.

8.0 PPSA

8.1 The Customer grants Boutique Beauty a security interest in the Goods and their proceeds under the PPSA.

8.2 Boutique Beauty may register its security interest on the PPSR.

8.3 To the extent permitted by law, the Customer:

  • Waives rights under sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA.
  • Waives the right to receive verification statements.

8.4 The Customer must immediately notify Boutique Beauty of any name change.

9.0 REPRESENTATIONS AND CONSUMER LAW

9.1 To the maximum extent permitted by law, all representations and warranties not expressly stated are excluded.

9.2 Where Goods or Services are supplied for business purposes, the parties agree that:

  • The Consumer Guarantees Act 1993 does not apply (to the extent permitted by section 43 of that Act).
  • This contracting out is fair and reasonable.

9.3 Boutique Beauty’s total liability shall not exceed the price paid for the relevant Goods or Services.

9.4 Boutique Beauty is not liable for indirect, consequential, economic or financial loss.

10.0 PRIVACY

10.1 The Customer authorises Boutique Beauty to collect, use and disclose personal information for:

  • Credit assessment
  • PPSR registration
  • Account management
  • Debt recovery

10.2 Boutique Beauty may obtain credit reports and disclose repayment history to credit reporting agencies.

10.3 Personal information is handled in accordance with the Privacy Act 2020.

11.0 AMENDMENTS

Boutique Beauty may amend these Terms by written notice or by posting updated Terms on its website.

Continued ordering after notification constitutes acceptance of the amended Terms.

12.0 GENERAL

12.1 These Terms constitute the entire agreement relating to supply.

12.2 If any provision is unenforceable, the remainder continues in effect.

12.3 These Terms are governed by New Zealand law and the parties submit to the jurisdiction of the New Zealand Courts.