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TERMS AND CONDITIONS

Please read the Terms and Conditions set out below carefully:

Article 1 (Purpose)

The purpose of the following Terms and Conditions of Use (including but not limited to Privacy Policy, and any other terms and conditions, policies, and any applicable laws or regulations) (collectively, ‘TERMS’) is to establish guidelines on rights, duties and responsibilities of the e-commerce company: Reform Beauty Ltd (hereinafter referred to as ‘REFORM’)’s website: reform-beauty.com (including social media platforms) (collectively referred to as ‘WEBSITE’) and Users utilizing the internet-related services (hereinafter referred to as the ‘Services’) provided by the ‘WEBSITE’ operated by ‘REFORM’. The following ‘TERMS’ apply to e-commerce transactions and Services utilizing methods of PC communication, wireless, and others.

 

Article 2 (Definition)

  1. ‘WEBSITE’ refers to a virtual business site established by ‘REFORM’ to trade goods or services (hereinafter referred to as ‘Goods’) using computers and information communication facilities to provide Goods to Users. The term may include either the ‘REFORM’’s website and/or social media platform(s). The term can also be defined as a company operating an online mall.

  2. ‘User’ refers to a Member and Non-Member who has accessed the ‘WEBSITE’ to use the Services provided by the ‘WEBSITE’ in accordance with this ‘TERMS’.

  3. ‘Member’ refers to a User who uses the Services provided by the ‘WEBSITE’ by subscribing for Membership.

  4. ‘Non-Member’ refers to a User who uses the Services provided by the ‘WEBSITE’ without the subscription.

  5.  ‘Third Party’ refers to a person or entity who is not a party to this ‘TERMS’.

 

Article 3 (Display, Explanation, and Amendment of ‘TERMS’ and Conditions of Use)

  1. The ‘WEBSITE’ shall display the contents of this ‘TERMS’, business contact details (including email address handling customer services), on the ‘WEBSITE’. The content of this ‘TERMS’ and contact details may be displayed through a link page. 

  2. The ‘WEBSITE’ shall display Returns, Exchange, Shipping, and Privacy policies (collectively, ‘POLICY’) prior to User’s agreement to purchasing Goods.

  3. The ‘WEBSITE’ may make amendments or remove any part of these ‘TERMS’, or content of ‘WEBSITE’ at any time without notice. Any changes are effective immediately upon posting to, or removal from ‘WEBSITE’. User’s continued use of ‘WEBSITE’ constitutes User’s acceptance of any applicable changes to ‘WEBSITE’ and/or ‘TERMS’. In the event User does not agree with the amendments or removal, User shall immediately stop using ‘WEBSITE’.

  4. User is responsible in reading ‘TERMS’ of ‘WEBSITE’ before purchasing Goods, and is also responsible to check ‘TERMS’ for any amendments and/or removal made in ‘TERMS’. When the ‘WEBSITE’ makes amendments to the ‘TERMS’, the modified ‘TERMS’ shall be applied only to contracts concluded after the effective date, whereas all contracts concluded before the effective date will remain under the provisions of the old ‘TERMS’.

  5. Despite clause 4, ‘‘REFORM’’ and ‘WEBSITE’ may choose to announce such amendments and/or removal of ‘TERMS’ out of good faith however, shall not be legally required to make announcements of amendments and/or removal.

 

Article 4 (Provision & Replacement of Service)

  1.  The ‘WEBSITE’ shall perform the following duties:

    1. Provide information regarding Goods and provide ‘POLICY’

    2. Deliver Goods purchased by User

    3. Other duties designated by the ‘WEBSITE’

  2. The ‘WEBSITE’ may replace Goods provided in future ‘TERMS’ in the event that Goods are sold out or technical specifications are revised. In this case, the ‘WEBSITE’ shall immediately announce the replacement or restocking of Goods and the date of application on ‘WEBSITE’.

  3. In the event that Goods are replaced due to a change in technical specifications or when Goods are sold out, the ‘WEBSITE’ shall immediately notify the cause of replacement to the addresses of the Users.

  4. Following the previous Clause, the ‘WEBSITE’ shall present Users with the options of cancelling and refunding the purchase amount with the original payment method, store credit (if applicable), or holding the order until Goods arrive. Users shall be responsible to contact ‘REFORM’ and/or ‘WEBSITE’ and request either cancellation and refund, store credit (if applicable), or holding the order.

 

Article 5 (Suspension of Service)

  1. The ‘WEBSITE’ may temporarily suspend its Services as a result of the following reasons: maintenance of computers and telecommunications equipment, replacement or damage repairs, and interruption of communication.

  2. The ‘REFORM’ shall compensate User of damages caused by the temporary suspension of Services due to reason(s) detailed in Clause 1 of this Article. However, this shall not apply if ‘REFORM’ proves that such event is not caused by its or the ‘WEBSITE’s intention or negligence.

  3. In the case of a suspension due to conversion of the business item, abandonment of business, merging between businesses and for other various reasons, the ‘REFORM’ or ‘WEBSITE’ shall notify the consumer as specified in Article 8 and either choose to invite consumers to use store credits or reserve in kind (if applicable) in accordance with the conditions suggested by the original ‘WEBSITE’, or pay Users for their store credits or reserve in kind or cash of which value corresponds to the currency being used at the ‘WEBSITE’.

 

Article 6 (Membership)

  1. The User shall apply for Membership by expressing his/her intent to agree to this ‘TERMS’ after filling out the form designated by the ‘WEBSITE’ with Member’s personal information.

  2. The ‘WEBSITE’ shall register all Users who apply for Membership in the manner stipulated in Clause 1 of this Article unless the User is not engaged in one of the following issues:

    1. After the applicant has lost Membership for reasons indicated in Article 7 Clause 3, the applicant may acquire approval to re-subscribe for Membership three years after the loss of Membership.

    2. Entry of false information or omission in the registration form.

    3. If deemed that registering the User would present technical difficulties to the ‘WEBSITE’

  3. Establishment of Membership becomes effective at the time that the Member receives the ‘WEBSITE’s approval of Membership.

  4. In due course of time, the Member shall update the ‘WEBSITE’ with any changes to his/her account information through the methods of editing personal information.

 

Article 7 (Withdrawal from Membership & Loss of Eligibility)

  1. Members of the ‘WEBSITE’ may request, at any time, to withdraw from Membership and the ‘WEBSITE’ shall immediately process the request.

  2. The ‘WEBSITE’ may limit or suspend Membership for the following reasons:

    1. Entry of false information or omission in the registration form.

    2. If the purchase payment of goods and other ‘WEBSITE’ usage related liabilities have not been paid for before the appointed date.

    3. If Member interferes with others to use the ‘WEBSITE’ or threatens the order of e-commerce (such as the illegal use of personal information).

    4. If Member uses the ‘WEBSITE’ to act against public order and morals prohibited by the law and this ‘‘TERMS’.’

  3. ‘REFORM’ or the ‘WEBSITE’ may forfeit Membership of the Member whose Membership was suspended or limited, if the same actions are repeated twice or more, or if the cause is not corrected within 30 days.

  4. When ‘REFORM’ or the ‘WEBSITE’ forfeits Membership, all information will be canceled. Prior to cancellation, ‘REFORM’ or the ‘WEBSITE’ shall notify the Member and give at least 30 days or more to grant an opportunity to explain the cause.

 

Article 8 (Notification to Members)

  1. Any notifications may be sent to the email address designated in advance by the Member during registration, or may be announced on ‘WEBSITE’.

  2. In the event of sending notifications to unspecified Members, a display of notifications on the notice board on the ‘WEBSITE’ for 1 week or more may replace sending emails. However, the ‘WEBSITE’ shall send the individual notice to a Member in regards to matters which may have a significant influence in his/her transaction.

 

Article 9 (Placing an Order)

  1. The User shall place an order for Goods in the following or in a similar manner, and the ‘WEBSITE’ shall provide the User with the following information in an ‘easy-to-understand’ manner to aid in his/her request for purchase.

    1. Search and select Goods

    2. Enter the name of the recipient, address, phone number, email address (or mobile phone number)

    3. Confirm matter(s) in respect to the contents of this ‘TERMS’, including but not limited to ‘POLICY’, delivery fees, and others

    4. Express agreement to this ‘TERMS’ and agree or disagree to the above Item 3

    5. Select payment method and purchase Goods to place an order.

  2. In case of an inevitable need (for the ‘WEBSITE’) to disclose and/or consign consumer’s personal information to a third party, the ‘WEBSITE’ shall obtain consumer’s consent at the time of applying for purchase. This consent is not obtained in advance at the time of applying for Membership. At this time, the ‘WEBSITE’ shall specify to the consumer the provisions of personal information that are being disclosed, information of the receiving party, purpose, and intent of use and the duration of retention and/or use.

 

Article 10 (Order Confirmation)

  1. ‘REFORM’ or the ‘WEBSITE’ may not accept the request for purchase in Article 9 if it falls under one of the following items.

    1. In the event User under the New Zealand legal age of 18 places an order (‘minor’), ‘REFORM’ or the ‘WEBSITE’ shall notify that the failure to acquire agreement from a legal representative may cause cancellation of the order made by the minor him/herself or the legal representative.

    2. Entry of false information or omission in the registration form

    3. If deemed that accepting the application for purchase may cause technical problems to the ‘WEBSITE’

  2. The order is deemed to be confirmed or placed when the order confirmation is delivered to the User in the form stipulated in Clause 1 of Article 12.

  3. The order confirmation shall include confirmation on the User’s request for purchase, availability of sales, and correction or cancellation of the request for purchase.

 

Article 11 (Payment Method)

  1. The method of payment for Goods purchased through the ‘WEBSITE’ may be offered to Users as follows:

    1. Account transfer through internet banking.

    2. Card payment through the prepaid card, debit card, credit card, and others.

    3. Store credits or points offered by the ‘WEBSITE’

    4. Gift voucher contracted or approved by the ‘WEBSITE’

  2. The ‘WEBSITE’ may choose to collect any additional fees, upon announcing to User prior to purchasing Goods, in the event payment method incurs processing fees regarding payment for Goods.

 

Article 12 (Notice of Receipt, Change, and Order Cancellation)

  1. The ‘WEBSITE’ shall send an order confirmation to the User after receiving the User’s application for purchase.

  2. In the case of a discord between the User’s intent and the order confirmation, the User may change or cancel the application for purchase immediately after receipt according to the ‘POLICY’ available on the ‘WEBSITE’. If the request for change or cancellation is made prior to delivery, the ‘WEBSITE’ shall process accordingly upon receiving the request. In the event that payment has already been made or Goods have been dispatched, User shall follow the guidelines detailed in Article 15 – Cancellation of Goods.

 

Article 13 (Provision of Goods)

  1. Unless otherwise specified, the ‘REFORM’ shall take necessary measures such as packaging and dispatching Goods within 7 business days from the date of purchase. In such instances, ‘REFORM’ or the ‘WEBSITE’ may take necessary measures to inform the User on delivery status of Goods.

  2. ‘REFORM’ and/or ‘WEBSITE’ shall not be held liable in the event the delivery of Goods purchased by the User exceeds the estimated period of delivery. ‘REFORM’ may prove that such event is not caused by its intention or negligence.

  3. ‘REFORM’ and/or ‘WEBSITE’ shall not be held liable in the event Goods is returned to ‘WEBSITE’ by the shipping company or Goods is lost or missing due to User’s negligence (including but not limited to providing wrong address, lack of delivery instructions, absence at the time of delivery, unable to deliver despite shipping company’s attempt, and more). User shall contact ‘REFORM’ or ‘WEBSITE’ and request a re-delivery in the event Goods is returned to ‘REFORM’ and User shall be responsible for shipping costs incurred for re-delivery.

  4. ‘REFORM’ and/or ‘WEBSITE’ shall not be held liable for any delays caused by acts of God, including but not limited to natural disaster, strike, riot, war, epidemic, legal restrictions or order, government sanction, bad weather, and or traffic incidents. However, ‘REFORM’ may, out of good faith and at the best of its ability, investigate and locate the Goods to inform the User.

 

Article 14 (Refund)

  1. User shall check whether the Goods purchased by User meets the return conditions written on the ‘POLICY’ and follow the ‘POLICY’ instructions outlined in the on ‘WEBSITE’.

  2. In the event User requests refund for the Goods and Service purchased by the User where Gift was included in the purchase, User shall without fail return Gift in its unused, undamaged, original state where value of Gift has not decreased. In the event Gift is returned, ‘REFORM’ shall refund according to the ‘POLICY’.

  3. In the event User does not return Gift in its unused, undamaged, original state, or in the event the value of Gift has decreased, ‘REFORM’ may follow the ‘POLICY’ and deduct the cost of Gift from the total amount to be refunded, and shall inform User of such deductions.

  4. In the event that the Goods are sold-out or unavailable and cannot be provided or delivered to a User who applied for purchase, the ‘REFORM’ shall notify the User without any delay, and if payment for Goods has already been made in advance, ‘REFORM’ or ‘WEBSITE’ shall take necessary measures or refund payment within 10 business days from the date of receipt.

  5. User shall be responsible for all shipping costs incurred to return Goods, unless mutually agreed by ‘REFORM’ and/or ‘WEBSITE’. In the event ‘REFORM’ arranges shipping for User’s refund on behalf of User, ‘REFORM’ may deduct total shipping cost from total refund cost.

 

Article 15 (Cancellation of Goods)

  1. In the event User wishes to cancel the Goods purchased through ‘WEBSITE’, User may, in accordance to the Consumer Guarantees Act, cancel purchase within 5 days from the date on which the User received the purchase receipt (if the purchase receipt is received later than the supply of Goods, then the 7 days shall commence from the day User received the Goods or when Goods have been supplied).

  2. The User may not return or exchange Goods in the event of one of the following reasons:

    1. Delivered Goods lost or damaged at the fault of the User (however, cancellation of purchase may be acceptable if the packaging was damaged in the process of checking content)

    2. The significant decrease in the value of Goods due to partial use or consumption by the User

    3. Not available for resale due to a significant decrease in the value of Goods from the lapse of time

    4. The Goods may be replaced by Goods showing the same performance, but packaging of the original is damaged

  3. Despite Clause 1 and 2 of this Article, the User may cancel his/her purchase of goods within 14 days from the date of receipt of the Goods if Goods differ from the advertisement or the provision of the contract.

 

Article 16 (Returns and Cancellation Process)

  1. In the event of a return of Goods from a User, ‘REFORM’ shall conduct inspection of the returned Goods and if returned Goods is deemed as acceptable for resale, ‘REFORM’ or ‘WEBSITE’ shall refund payment of Goods to User within 10 business days from the date Goods have been received. In the event of a delay in refund, the User shall contact ‘REFORM’ or ‘WEBSITE’ and ‘REFORM’ and/or ‘WEBSITE’ shall respond to User within 2 business days.

  2. In regards to the above-mentioned case, if the User made payment of Goods with the credit card or electronic transaction, User understands further delays may occur depending on credit card companies’ or banks’ policies and processing times.

  3. In the event of any order cancellations, the User shall bear the costs arising from returning the Goods. However, in the event of order cancellation caused by a discord in the contents of Goods or the advertisement, the ‘REFORM’ or ‘WEBSITE’ shall make shipping arrangements for User and bear the costs of returning the Goods.

 

Article 17 (Protection of Personal Information)

  1. ‘REFORM’ and/or ‘WEBSITE’ collects personal information necessary to provide the services. Personal information may include but is not limited to:

    1. Legal name, date of birth, residential and delivery address, phone number, email address, and gender

    2. History of Goods purchased or ordered through ‘WEBSITE’, including returns, exchanges, refunds, and feedbacks

    3. Information collected by accessing ‘WEBSITE’ including but not limited to IP address, information collected via cookies etc.

    4. Information on refunds,

    5. Credit card, Debit card, and other bank and/or payment details

  2. ‘REFORM’ and/or ‘WEBSITE’ shall collect, use, hold, and disclose specified personal information required for the performance of a purchase contract and for the fulfillment of obligation in regards to relevant laws and legislation.

  3. ‘REFORM’ and/or ‘WEBSITE’ shall not use the personal information outside their intended purpose. Intended purpose incudes but is not limited to providing ‘REFORM’’s Services to Users through ‘WEBSITE’, advertisements catered to Users, to obtain information on which Goods Users are interested in, improving Services and User experience on ‘WEBSITE’, to enforce ‘REFORM’’s rights and legal proceedings, manage and meet ‘REFORM’’s legal requirements, etc.

  4. ‘REFORM’ may disclose User’s personal information to third parties for reasons including but not limited to ‘REFORM’’s contractors and service providers intending to help manage business, transactions, organizations or people required or authorized by law, and such organizations or people may be located outside of New Zealand.

  5. ‘REFORM’ shall hold and store User’s personal information electronically on ‘REFORM’’s IT system. For protection of personal information, ‘REFORM’ and/or ‘WEBSITE’ shall limit the number of persons handling personal information to a minimum. ‘REFORM’’s personnel shall treat User’s personal information in confidence and treat such information according to this privacy policy.

  6. User may, at any time, request for confirmation and correction of error in their personal information held and stored by the ‘WEBSITE’, and the ‘WEBSITE’ shall be responsible for taking any necessary measures. In the event that a User requests for the correction of an error, the ‘WEBSITE’ shall not use the applicable personal information until error is corrected.

  7. The ‘WEBSITE’ or any Third Parties who received personal information from the ‘WEBSITE’ shall without any delay destroy all personal information once the purpose of collection has been achieved, unless ‘REFORM’ is legally required to hold onto such personal information.

 

Article 18 (Obligations of the ‘WEBSITE’)

  1. The ‘WEBSITE’ shall not take any actions against public policy or actions restricted by the law and this ‘TERMS’. The ‘WEBSITE’ shall put its best efforts in providing Goods on a stable basis in accordance with the provisions in this ‘TERMS’.

  2. The ‘WEBSITE’ shall to the best of its ability, protect and handle the personal information of Users (including credit information) with care and provide a safe environment for Users to use the online services.

 

Article 19 (Obligations for ID & Password of Member)

  1. Member shall be responsible for the management of his/her ID and password, except for the case in Article 17.

  2. Member shall not allow any Third Party to use his/her ID and password. ‘‘REFORM’’ and/or ‘WEBSITE’ shall not be held liable for any damages, losses, and/or inconvenience Member may face or experience resulting from Member’s negligence in sharing his/her ID and password.

  3. When a Member recognizes that his/her ID and/or password is stolen or is being used by a Third Party, the Member shall immediately notify ‘REFORM’ and/or ‘WEBSITE’, and follow the instructions of ‘REFORM’ and/or ‘WEBSITE’.

 

Article 20 (Obligations of User)

Users shall avoid the following actions:

  1. Register false information at the time application or revision of information

  2. Use others’ personal information

  3. Change information displayed on the ‘WEBSITE’

  4. Remit or display information (computer program and others) other than the information put on by ‘REFORM’ and/or ‘WEBSITE’

  5. Infringe copyright or intellectual property rights of ‘REFORM’ and/or ‘WEBSITE’ or the Third Party

  6. Take any action that harms the reputation and interrupts the operation of ‘REFORM’, ‘WEBSITE’, and/or a Third Party

  7. Disclose or display any information containing indecent or violent message, video, voice, and other information going against good public order and morals.

 

Article 21 (‘WEBSITE’ and external or sub-websites)

  1. In the event ‘WEBSITE’ contains or includes links from external websites or sub-websites, such external or sub-websites are not subject to ‘REFORM’ and/or ‘WEBSITE’’s privacy standards, policies, and procedures. ‘REFORM’ shall not be held liable for the privacy practices of the external or sub-websites.

  2. ‘REFORM’ shall not be liable for any transactions made by the User for any Goods independently provided by websites outside of ‘WEBSITE’ unless specified.

 

Article 22 (Copyright & Limitation of Use)

  1. The copyright and other intellectual property rights for the works produced by the ‘WEBSITE’ shall belong to ‘REFORM’ and/or ‘WEBSITE’.

  2. The User may not use or cause any Third Party to use information with intellectual property rights belonging to ‘REFORM’ and/or ‘WEBSITE’ for reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without prior consent of the ‘REFORM’ and/or ‘WEBSITE’.

  3. ‘REFORM’ and/or ‘WEBSITE’ shall notify the User when using the copyright belonging to the applicable User in accordance with mutual written agreement.

 

Article 23 (Resolution of Dispute)

  1. ‘REFORM’ and/or ‘WEBSITE’ shall apply and reflect the opinion or complaint made by User(s), and install and operate a process for compensation of consumers’ damages.

  2. ‘REFORM’ and/or ‘WEBSITE’ shall give priority to any opinion or complaint made by User(s). However, in the event that it may not be able to promptly deal with the matter, ‘REFORM’ and/or ‘WEBSITE’ shall notify the User with the cause and the final settlement schedule.

  3. When a User files for Remedy of Damage regarding a dispute between the ‘REFORM’ or ‘WEBSITE’ and the User, the parties may work on negotiation or the parties may choose to go through the process of Dispute Resolution by hiring a professional arbitrator or mediator from Arbitrators’ and Mediators’ Institute of New Zealand Inc.

 

Article 24 (Jurisdiction & Governing Law)

  1. All e-commerce related lawsuits between the ‘REFORM’ and User shall be in accordance with the address of the User at the time of indictment. If an address is nonexistent, then the lawsuit shall fall under the exclusive jurisdiction of the district court in the vicinity of User’s place of residence. In the event that the address or residence of the User is not clear at the time of indictment or if User is a foreign resident, the lawsuit shall be filed to the competent court on the Civil Procedures Code.

  2. Any and all e-commerce-related disputes arising in connection with ‘REFORM’ and/or ‘WEBSITE’ shall be governed by and construed in accordance with the laws of New Zealand.                                                                                                                

Article 25 (Modification)

  1. ‘REFORM’ may modify or remove any part of the ‘TERMS’ or content(s) of the ‘WEBSITE’, at any time without notice. Such modification(s) shall be effective immediately. User’s continuous use of ‘WEBSITE’ and ‘REFORM’’s Services shall constitute User’s acceptance of modification(s) to the ‘WEBSITE’ and/or ‘TERMS’.

  2. User understands and acknowledges that it is the duty of User to carefully read ‘TERMS’ and ‘POLICY’ prior to purchasing Goods from ‘WEBSITE’ and to check for any modifications made to ‘TERMS’ and/or ‘POLICY’

  3. In the event User does not agree to the modification(s) made to ‘WEBSITE’ and/or ‘TERMS’, User must immediately stop using ‘WEBSITE’, and understands and acknowledges User may experience limitations in using or may not be able to use ‘REFORM’’s Services such as purchasing Goods.

 

Article 26 (Indemnification)

User agrees to indemnify, defend and hold harmless ‘REFORM’, ‘WEBSITE’, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of User’s breach of these ‘TERMS’ or the documents they incorporate by reference, or User’s violation of any law or the rights of a third-party.

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