Terms & Conditions

Effective date: 06 April 2024

1. Website and Other Channels

1.1. QuickBow.co.nz (the “Website”) is owned and operated by QuickBow® Ltd, 310 Hebden Crescent, Kelson, Lower Hutt, WELLINGTON, New Zealand (“we”, “us” and “our”).

Returned goods should be sent to this address. Please see Clause 3 below for return of goods instructions.

1.2. By accessing, using or browsing the Website, purchasing one of our products from the Website, over the phone, from a showroom or during a live event (each a “Channel”), you agree to be bound by these terms and conditions, our Privacy Policy and all other terms contained on the Website (the “Terms”). If you do not accept the Terms, please do not use the Website.

1.3. We reserve the right to amend the Terms from time to time. Amendments will be effective upon upload to the Website. Please check the Terms every time you use the Website, or purchase one of our products through any Channel, to ensure you understand the Terms that apply at that time, as your continued use of the Website or your purchase of one of our products through any Channel following such notification will represent an agreement by you to be bound by the Terms as amended.

2. Contract, Payment and Delivery

2.1. A contract for the sale and purchase of goods will only be formed with you if we, at our discretion, accept an order for goods from you. Acceptance will be by way of us dispatching from our facility to you, the goods that you ordered, or if you are attending a live event or purchasing from a showroom and the goods are available onsite, by way of us handing over to you the goods you purchased. We may at our discretion reject an order for goods (in which case we will refund any amounts paid by you in respect of those goods).

2.2. Unless we have agreed with you otherwise, goods will be delivered after you have paid the purchase price in full. If we agree with you that payment will be made by way of periodic instalments, the goods will be delivered after you have paid the first instalment of the purchase price.

2.3. We will deliver the goods to the address stated when you placed your order and at a time determined by us and/or the delivery company.

Due to delays caused by COVID-19-related circumstances, please allow up to three weeks for delivery.

2.4. If we have agreed with you that payment will be made by way of periodic instalments, then you must make the periodic payments as and when due.

2.5. Should you fail to remedy any overdue payment, all current and future debt will become due and payable. We reserve the right to send the full amount of all debt to a collection agency or “list as a default” with a credit reporting agency. You will be liable for any reasonable enforcement costs incurred by us and passed on to you in the collection of the debt.

3. Return of Goods and QuickBow® Ltd

3.1. Our goods are sold subject to a 30-day store credit or replacement guarantee. The following conditions apply to the return of all goods:

(a) If your purchase is subject to our 30-day store credit or replacement guarantee and you wish to return any good(s) to us, you must first notify us within thirty (30) days of receiving the good(s) by email at customerservice@quickbow.co.nz

(b) All goods must be returned to us by traceable delivery service.

PLEASE NOTE:

- Our inwards goods and receipts depots are designed to receive courier and postal deliveries only. Do not hand-deliver any goods. You must meet the costs of returning all goods unless we agree otherwise and subject to any other statutory obligations.

- You must meet the costs of returning all goods unless we agree otherwise and subject to any other statutory obligations. 

(c) We must receive your returned good(s) by the Expiry Date for the return to be processed. (10 days after confirmation that we accept your return) We will have no liability in respect to goods received after the Expiry Date (unless we have agreed to an Expiry Date extension and received the returned good(s) by such extension date).

(d) Goods must be returned fully disassembled and in a clean and as-new condition in their original packaging. Where goods are returned in damaged packaging or showing signs of excessive use, we will pass on to you any reasonable costs we incur in returning the goods to a clean and as-new condition by deducting these costs from any purchase price store credit. Soiled or damaged goods will be refused as an unacceptable return at our discretion, subject to your rights under the Consumer Guarantees Act.

(e) If a refund or exchange is requested, the good(s) and all items, parts and accessories included with it/them must be returned, together with any ‘free’ gifts or ‘specials’ sent to you with the returned good(s), unless advertised otherwise.

(f) If you are sending more than one package back to us the order numbers must be on the outside of every package sent.

(g) Any request for an exchange of goods will be considered at our discretion.

(h) Replacements and store credit are limited to the purchase price paid for the good(s). Replacements and store credit will be given for the processing and handling fee (‘P&H’) (P&H includes postage, delivery and other logistics services) or insurance charges incurred by us and passed on to you (unless advertised otherwise).

3.2. Upon receipt of any good(s) returned in accordance with clause 3.1, we will provide a replacements or store credit of the purchase price only or alternatively, we may consider (but are not obliged to) exchanging the good(s) if you so request.

3.3. We offer a style swap guarantee on QuickBow® LipStickies®. Our style & Size Swap guarantee is valid only within thirty (30) days of the initial purchase and only applicable once per order. We are unable to offer replacements or store credit for any item that has been used or opened due to hygiene reasons.

4. Faulty or Damaged Goods

4.1. Our goods, if they are faulty, come with guarantees under the Consumer Guarantees Act 1993. We also offer a manufacturer warranty on certain goods; in which case a warranty statement is supplied with the goods.

4.2. If a good arrives visibly damaged or is missing a part or accessory, you must notify us within seven (7) days of receiving the good.

If a good is faulty, you must notify us within thirty (30) days of receiving the good.

In both cases, please email us at customerservice@quickbow.co.nz This clause does not affect your rights under the Consumer Guarantees Act.

4.3. Risk of loss or damage to the goods passes to you upon delivery. If the goods have been damaged while in your care for reasons not related to their state or condition when we delivered them to you (i.e. the goods were not faulty), we do not have to accept any liability in relation to the goods, and will be under no obligation to replace the goods or provide store credit for any amount paid or owed by you for the goods.

5. Limitation of Liability

5.1. Legislation such as the Consumer Guarantees

Act 1993 may apply to these terms and conditions, and we also offer a manufacturer warranty on certain products, which impose warranties, conditions, or obligations that cannot be excluded, restricted, or modified, and we will comply with such warranties, conditions, or obligations. 

5.1a

Professional Portable Makeup Artist Studio Warranty Terms:

1. Coverage: This warranty covers electrical faults only for a period of 12 months from the date of purchase.

2. Exclusions: The warranty does not cover material defects, physical damage, misuse, unauthorized repairs, or issues not related to electrical faults.

3. Manufacturer's Assessment: The manufacturer will determine if the fault is due to electrical issues covered by this warranty. If it is found that the fault was caused by the buyer, the warranty will be void.

4. Shipping: The cost of shipping the product to our manufacturer's location for repair or assessment is the responsibility of the buyer. Return shipping after repair will be covered by us.

5. Repair Time: Repairs for electrical faults may take up to 8 weeks from the date the product is received at our manufacturer's facility. Expedited repair options are available at an additional cost.

6. Manufacturer's Discretion: Our manufacturer reserves the right to repair or replace the product at our discretion.

7. Communication: We will keep you informed of the repair status throughout the process.

8. Voiding the Warranty: The warranty will be void if the product serial number is removed or tampered with, or if repairs or modifications are attempted by unauthorized personnel.

9. Limitation of Liability: Our liability under this warranty is limited to the repair or replacement of the defective product as stated above. We are not liable for any consequential or incidental damages arising from the use or inability to use the product.

10. Transferability: This warranty is valid only for the original purchaser and is not transferable.

This addition ensures clarity regarding the assessment process and protects your business from liabilities arising from user-caused faults.

5.2. All other conditions, warranties, representations, liabilities, and obligations, whether implied or imposed by statute, including any warranties as to merchantability, fitness for purpose, correspondence with description, accuracy, availability, and freedom from computer virus are excluded to the extent permitted by law.

5.3. In the event that we breach our obligation referred to in clause 5.1, to the extent allowed by law, our liability is limited to any one of the following:

(a) the replacement of the goods or the supply of equivalent goods;

(b) the repair of the goods; or

(c) the refund of the purchase price.

5.4. Subject to the terms of any warranty statement that was included with your goods, our total liability under these terms and conditions is, to the extent permitted by law, expressed in this Clause 5, and we will under no circumstances be liable to you for any loss, damage, liability, expense, or cost (whether direct or indirect) incurred by you or any other party resulting directly or indirectly out of the supply of any goods by us to you or out of any breach by us of these terms and conditions or out of our negligence. In no case should said liabilities exceed the purchase price of any goods purchased from us.

5.5. Our liability to you for loss or damage of any kind arising out of these terms and conditions or the Terms, or your purchase or use of any goods or product will be reduced or limited to the extent that you cause or contribute to the loss or damage (if applicable).

5.6. You will, to the maximum extent permitted by law, at all times and from time to time indemnify, and keep indemnified, us and our directors, officers, agents, and employees (together the “Indemnified Party”) from and against all liabilities, losses, damages, costs, or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims, or demands made against the Indemnified Party as a result of:

a. your use of the Website; or

b. your use of goods purchased from us via the Website or any other Channel.

5.7. Nothing in these terms and conditions shall exclude or modify any warranty implied by law where to do so would render these terms and conditions void or would be unlawful.

6. Website - Disclaimer

6.1. Except as required by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of:

a. your use of the Website;

b. any loss arising out of your use of, reliance on, or failure to act on any information contained on or accessed through the Website;

c. errors, mistakes, or omissions on the Website;

d. goods or services supplied pursuant to an order placed on the Website; and/or

e. any failure or omission on our part to comply with our obligations as set out in the Terms.

6.2. This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

7. Website - Specific Warnings

7.1. You must ensure that your access and use of the Website is not illegal or prohibited by laws which apply to you.

7.2. You must take your precautions to ensure that the process you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your computer system. We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Website.

7.3. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorized access to or alteration of your transmissions of data or of information contained on your computer system or on the Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

7.4. We do not accept any responsibility for malfunctions to computer systems, hardware, or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete, or misdirected information.

8. Website - Restricted Use

8.1. You are provided with access to the Website only for your personal and non-commercial use.

8.2. You may not interrupt or attempt to interrupt the operation of the Website in any way or use the Website in a manner that adversely affects the availability of its resources to others.

8.3. You may not use the Website for any illegal purpose or in any manner that is inconsistent with the Terms.

9. Linked Websites and Cookies

9.1. The Website may contain third-party advertisements and links to other websites, including websites operated by third parties ("Linked Websites"). We are not responsible for the content or privacy practices associated with Linked Websites or third-party advertisements.

9.2. We may use cookies to gather data in relation to the Website, and you consent to us doing so. For more information on our use of cookies, please read our Privacy Policy.