BSG BEAUTY LTD - TERMS & CONDITIONS
BSG Beauty Ltd has been an authorised distributor of Bio Sculpture Gel products since 2016 providing customers with one of the leading nail care products in the market along with the specialist product training required to become a registered and certified Bio Sculpture technician.
We believe in helpful customer service and efficient purchase and delivery processes, we aim to ensure that in choosing Bio Sculpture you will receive the best possible all round purchase experience along with technical support. On the rare occasion that something may go wrong we feel our support and experience will be sufficient to resolve even the biggest of issues with minimal inconvenience to our customers.
This website is owned by BSG Beauty Ltd, a registered company in New Zealand with company number 03672423. We use the terms “we”, “our” and “us” throughout our Terms and Conditions and our Customer Services pages to refer to Bio Sculpture NZ.
BSG Beauty Ltd
966 Papamoa Beach Road
Bay Of Plenty
Tel: +64 (0) 75420898
BSG Beauty Ltd will deal with your enquiries most effectively by email, this allows BSG Beauty to document all correspondence and should be your first point of contact.
The Bio Sculpture NZ customer services team operates 5 days a week from 09:00 -17:00 (Mon - Fri) NZT
The following information is an agreement applicable to all customers of BSG Beauty Ltd whether they obtain services and products sold upon biosculpture.co.nz or processed by phone. Terms and Conditions will be applicable to all whom visit biosculpture.co.nz and/or make a valid purchase upon the website or by phone. Your information will be stored and used in an appropriate manner in accordance with the New Zealand Privacy Act 1993.
1. BSG BEAUTY LTD CONTRACT OF SALE
The Contract of Sale is formed between BSG Beauty Ltd and You (The Customer) upon completing and submitting the electronic order through our website or any orders placed on the phone, you will be agreeing to the following Terms and Conditions and are making an offer to purchase goods from BSG Beauty Ltd. Our acceptance to your offer will only be considered complete at the time we send you an invoice. On some occasions it may be the case that completion is when the goods you ordered are dispatched, whichever scenario happens last.
If for any reason your order is rejected before we accept your offer and payment has been taken, a full refund will be made immediately. Any goods upon the same order which have not been dispatched to you do not form part of the binding contract between you and BSG Beauty Ltd.
We are contractually obliged to only supply Bio Sculpture gel products to trained technicians who have attended Bio Sculpture training and successfully completed their Assessment.
We supply you with gel for your own use only and it may not be given or sold to any third party (e.g. Ebay, TradeMe, Ali Express etc). If we believe this to be the case, we reserve the right to stop supplying you with product.
In the case of salon accounts salons are supplied on the condition that there is a trained Bio Sculpture technician working at the salon that has successfully completed their Assessment and received a Bio Sculpture registration number. Our gels are supplied to the salon on the understanding that it is for the exclusive use by the Bio Sculpture trained technicians. Salons may not supply gels purchased under their account to technicians who have not completed the Bio Sculpture training. In the event where the salon no longer has a trained Bio Sculpture technician working at the salon further purchasing of Bio Sculpture gels will be suspended. It is the responsibility of the salon to keep their trained technician details updated with us.
1.1 Unauthorised Sales
BSG Beauty Ltd will endeavour to process all orders efficiently and effectively, should we believe an order has been placed without the cardholder/account holder’s permission then the order will be temporarily held pending clarification of this information – see point 3.1 for further information. In the event an order is confirmed fraudulent the payment provider will be contacted and the contract of sale voided.
2. PLACING AN ORDER WITH BSG BEAUTY – PURCHASE FULFILLMENT
All sales will be commenced directly through the biosculpture.co.nz, this site is the only valid location where authorised sales by Bio Sculpture NZ will be commenced and the goods and services provided by BSG Beauty Ltd will be shown only upon this website.
2.0.1 biosculpture.co.nz will advertise products on the aforementioned web page, products will contain a description of the goods being sold as per the manufacturers standard specifications. BSG Beauty Ltd will not be accountable for any error in relation to product information. Product images are for illustrative purposes only and may differ from the actual product you receive.
2.0.2 All products will have a clear and concise indication of stock, BSG Beauty Ltd reserve the right to alter this stock information at any point during the order process. Customers will be contacted should this have an effect upon their order.
2.0.3 By placing an order with BSG Beauty Ltd you are indicating that you have read and agreed to the websites terms and conditions and have the capacity and authorisation to make said order.
2.0.4 All customers of BSG Beauty Ltd will be required to create an online account in order to proceed with the purchase of goods from our website.
2.0.5 All orders placed will be subject to the current rate of NZ GST.
Orders placed by phone with payments made by credit card – the card will not be charged until the goods are shipped. Should the order be partly shipped, the value for the goods shipped will be charged.
Orders placed online – all payments will be charged in full and immediately regardless of whether the order is fully or partly fulfilled upon the initial delivery.
2.1 Order Security
If you would like to have your item delivered to an address which is not registered to the credit/debit card our Customer Services Team will contact you. In some cases we will require further security information and identification* to be provided by the customer who will need to email the required information to our Customer Services Team.
BSG Beauty Ltd will at times request further information to validate a purchase, this information will be assessed by our Customer Services Team and then destroyed.
BSG Beauty Ltd is governed by its own discretion and we reserve the right to decline an order at any point during the order process.
*Further information will be defined by each individual order and may vary – BSG Beauty Ltd will require at times a form of ID to validate customer address and payment details, at times BSG Beauty Ltd will require the customer to contact their payment issuer for further information.
2.2 Payment Methods
BSG Beauty Ltd currently accepts a range of payment methods, each payment method will be subject to the same Order Security checks as detailed in 2.1 and we will withhold the right to take full payment for the goods ordered at any point during the order process.
The available payment methods are as follows:
• PayPal payments will be processed in New Zealand Dollars (NZ$) and the applicable conversation rate is required to be paid by the customer.
• Bank transfer – Full payment will be required before an order is dispatched – all customers are required to cover the charges made by both the sending and the receiving bank.
2.3 Stock Availability / Back Orders
Any products ordered which are not in stock will need to be re-ordered and the respective postage paid by the customer.
BSG Beauty Ltd will always strive to meet your delivery requirements, we use respected courier services and can deliver to most locations without any problems.
The courier service we use are as follows –
• Fastway Couriers – This is the default service we use for NZ deliveries
Delivery prices vary depending on the weight of the chosen item, a price will be calculated during the checkout process when the delivery details have been entered.
For order totals over $1000 excl. GST there will be no delivery charge.
Please be advised that we are not able to add to any order once it has begun processing.
3.1 Delivery address
Items are sent to the stated delivery address provided by the customer on the online order or over the phone by the customer.
Should the delivery address differ from the invoice address the Customer is to provide both addresses when placing the order, both online and on the phone. The parcel will be shipped to the delivery address specifically indicated by the Customer when completing the online order.
3.2 Failed Delivery Attempts
In the event of a failed delivery, depending on the circumstances and the carrier's policy, the Customer may receive a note of passage i.e., "calling card" in their mailbox.
If indeed the courier has left a calling card, the Customer will need to contact the courier in order to arrange a new delivery date.
In the event that the Customer does not receive/find a calling card it is the Customer's responsibility to track their orders and inform either the courier or Bio Sculpture NZ Customer Services of any issues as soon as possible.
Should the package not be re-attempted, collected or delivered to and/or by the customer the package will be returned to BSG Beauty Ltd where a redelivery fee will be applicable.
3.3 Late Delivery
At times a parcel may not be delivered within the expected time allotment or estimated delivery time frame given by the courier and/or BSG Beauty Ltd and if the delay extends beyond a reasonably expected time we would expect the Customer to contact BSG Beauty Ltd in order to open an inquiry to establish the whereabouts of the parcel, i.e. the parcel may be lost/stolen/missing.
BSG Beauty Ltd do not guarantee delivery date and/or times and cannot be held liable for any delays that may occur in the delivery of parcels or any consequential loss as a result thereof.
All delivery dates and/or times communicated are for indicative purposes only and do not constitute a committed delivery date and/or time or any form of contractual guarantee.
3.4 Loss of the parcel
Should such a situation arise BSG Beauty Ltd is compelled to respect the time-frames set by the couriers in regard to declaring the loss of the package, processing a claim with the courier and then replacing the item for the customer or refunding the shipment. Hence the Customer is also bound to the same time-frames.
In order for BSG Beauty Ltd to officially declare a parcel lost the Customer has three days to declare the loss of a parcel starting from the date he or she received the shipment confirmation e-mail. Beyond this time period, no claim will be accepted.
Should the parcel be declared as lost within the above mentioned time BSG Beauty Ltd will attend to filing a claim with the courier and may eventually ask the Customer for additional documents/information to complete the composition of the file's content. The Customer will then need to send the information as soon as possible.
The final response related to claims is given by the courier within a one to three-week period. The nature of the response can be one of two types: either the parcel is found and then sent onto the Customer by standard procedure or the parcel is declared as lost by the courier and BSG Beauty Ltd informs the Customer. In this case and in accordance with the customer's wishes BSG Beauty Ltd can make a second shipment of the order or proceed by fully refunding the Customer for the total amount paid.
3.5 Receipt of parcel
When the items are delivered to the Customer you may be asked to sign for the goods as acknowledgment of receipt. If a parcel comes partly or totally damaged the Customer's reservations must be written on the delivery note in the presence of the courier.
Should no reservation be mentioned the parcel is considered as delivered in good condition and no subsequent claims or complaints will be accepted by BSG Beauty Ltd.
Any unclaimed parcel that is returned to BSG Beauty Ltd can be sent back to the Customer provided that they repay the delivery fees.
Should there be any issues with the package relating to contents, missing or otherwise, we would need to be notified within 24 hours of the time of delivery to ensure legitimacy of this claim, otherwise BSG Beauty Ltd would be unable to take any further action. You will be required to submit the original Delivery Note in the event of any claim.
4. BSG BEAUTY LTD REFUND AND EXCHANGE POLICY
We hope that you will be happy with any purchase you make from BSG Beauty Ltd. However we understand that at times items may not be as expected and should you wish to return an item you may do so within the timescales and conditions outlined below.
***PLEASE NOTE: ALL EVO GEL RANGE PRODUCTS OR ANY SEALED PRODUCTS THAT HAVE BEEN OPENED CANNOT BE RETURNED.
4.1 BSG Beauty Ltd Distance Selling Regulations
If you are returning a product you must supply proof of purchase.
If we are unable to verify your proof of purchase we regret that we will be unable to issue a refund or exchange. This does not affect your statutory rights.
If you choose to return an item please do take care of it whilst it is in your possession. Please return your unused product with the original packaging, unmarked, unused/unopened and in a saleable condition.
See below for exclusions:
Distance Selling Regulations specifically excludes the following:
Any personalised/tailor-made products or products ordered especially for you (i.e. from the manufacturer)
If you return a used item we reserve the right to refuse a refund.
This Policy does not affect your statutory rights.
4.2 HOW TO RETURN OR EXCHANGE AN ITEM
Should you wish to return an item please follow the method detailed below.
4.2.1 Contact Our Customer Services Team
The simplest way to arrange a return is to email our Customer Services Team at email@example.com
4.2.2 Warranty Repair/Replace
This warranty does not apply to any defect in the goods arising from the below –
• Fair Wear & Tear
• Wilful Damage
• Accidental Damage
• Negligence by the Customer or any third party.
• Usage otherwise than as recommended by the Manufacturer
• Failure to follow the Manufacturer’s instructions
• Any alteration or repair carried out without the Manufacturers approval
• Non adherence to the BSG Beauty Ltd standard returns policy
This warranty or guarantee is in addition to your consumer rights.
4.2.3 Chargeable Repairs (Lamps)
In cases where your return is outside of the manufacturer’s warranty terms, a charge may be applicable for the repair and/or the return of the product, these charges are variable and dependant on the manufacturer; the cost will be provided to the customer by email and will be required to be paid in order to have the faulty item repaired. Should the customer not wish to pay the repair fee there will be both an assessment fee, again determined by the manufacturer, as well as a returns cost. The returns cost will encompass both the cost for the manufacturer to return the item to BSG Beauty Ltd as well as the value of BSG Beauty Ltd shipping the item back to the customer.
Upon the provision of a quote for a faulty repair by the manufacturer, the customer will be bound by a 7 day rejection period, should the repair and cost not be agreed within 7 days of the repair quote BSG Beauty Ltd will ensure the item is returned to the customer with the aforementioned charges being applicable.
Any tampering or repairs carried out on the item without the knowledge or authorisation of BSG Beauty Ltd and the manufacturer will immediately void the warranty you hold upon the product.
In cases where items are returned and no fault is found, there will be a charge for the assessment and the return of the non-faulty item, this charge will be at the discretion of our Customer Services Team.
4.3 REFUNDS ON RETURNS
When you return a product we will process your refund as quickly as possible and do our utmost to ensure this is within seven working days of when we receive and verify the item. When you return a product that you purchased using a credit/debit card, the same card you used will be credited with the refund.
Should you wish to return an item, please CONTACT OUR CUSTOMER SERVICES TEAM
The simplest way to arrange a return is to email our Customer Services team at firstname.lastname@example.org
4.4 RETURNING GOODS TO BSG BEAUTY LTD (DISCLAIMER)
When customers are sending goods to BSG Beauty Ltd liability of the package will remain with the customer up until the point of inspection, this is after delivery, we suggest all goods sent to BSG Beauty Ltd are sent using a tracked and insured form of postage; Any loss physical/financial will not be covered by BSG Beauty Ltd.
Items damaged in transit on route to BSG Beauty Ltd will be the customer’s responsibility and all claim requirements will be upon the Sender/Customer
5. CREATION OF AN ONLINE ACCOUNT
All new visitors to the biosculpture.co.nz website will need to create an account before product purchases can commence. All online accounts will be enabled by BSG Beauty Ltd only once the account holders training qualifications have been verified. Bio Sculpture gel is only available for purchase by technicians who have completed Bio Sculpture product training through an authorised Bio Sculpture Training Centre.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, you will not be charged.
Website Errors: We endeavour to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in merchandise price or item availability. We try to ensure that all pricing on the website is accurate but occasionally an error may occur and goods may be incorrectly priced. If we discover that a pricing error has been made we reserve the right to suspend your order and contact you to ask whether you wish continue with the order at the correct price. We will not be obliged to supply goods at the incorrect price. We present our content 'as is' and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.
Website Access: Given the unpredictability of technology and the online environment, we do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available will be free of viruses or other harmful elements. Also your access to the website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. As a visitor to, and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment employed in connection with your use of our site. In effect you agree that your access is undertaken at your own risk and it is your responsibility to ensure that you have the right equipment and software to safely access our website. We shall not be liable for damages or losses of any kind that you may incur from your use of or inability to access this site.
We have made every effort to display the products featured as accurately as possible however the colours we use as well as the display and colour capabilities of the equipment used to view our site may greatly affect the colours you actually see on the screen. We cannot be held responsible for any limitations of the equipment you use to view our site and cannot guarantee equipment’s display of any colour, texture, or detail of merchandise will be accurate/the same as the actual product. We advise you to refer to your Painted Colour Stix for a true indication of colours before ordering.
7 TRAINING COURSES
• Training times vary depending on course content.
• Training takes place at various locations throughout New Zealand on dates published on the Training page. If this is not suitable training can be held at your salon, though a minimum of 4 full paying technicians is required and there is an additional daily callout fee for this service.
Additional trainee on kit
• A maximum of two people can utilise one kit for the same training session on the same day. There will be an additional charge for the training that is required for the second person. Any additional products may need to be purchased.
• It is a requirement that trainees have completed Manicure Training prior to attending Bio Sculpture Gel Training and proof of these qualifications will be required.
Manicure training certificates can be attained by completing the Bio Sculpture Manicure Course. Copies of these certificates/qualifications should be emailed or posted to BSG Beauty Ltd once a place on training has been booked before we are able to dispatch your products.
• To book a place on a training day we require payment in full at the time of booking.
• Failure to attend a training day will result in a re-booking fee unless a minimum of five (5) working days notice is given.
• On the day of the training you are required to bring your Starter Kit and basic manicure equipment. If you do not have any products to train with then you will be charged for the use of our products per day.
• You are required to attend an assessment (2-3 Hrs) between 6-12 weeks after your initial training, thereafter a Bio Sculpture Certificate is awarded to those who qualify. Competence is ascertained by a written exam and practical demonstration.
• Failure to attend an assessment will result in a re-booking fee unless a minimum of five (5) working days notice is given.
• The assessment must be attended within 3 months from the date of training. We reserve the right to stop supplying you if you fail to complete your assessment.
• You are only required to bring a model when attending the Assessment.
Please note that children or pets may not accompany any trainees on any training courses or assessments.
8 JURISDICTIONS AND LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website or provide to You, We make no warranties, whether express or implied in relation to its accuracy. This does not affect your statutory rights in relation to faulty or damaged products or your contract cancellation rights.
Images: Product images are for illustrative purposes only and may differ from the actual product.
We will not be liable, in contract, tort (including without limitation, negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation and any special or indirect losses suffered or incurred arising out of or in connection with the provisions of any matter under these terms and conditions.
We reserve the right to repossess any goods that have not been paid for in full and invoice You for any legal, delivery and restocking costs incurred. All trademarks published are the property of their respective companies. BSG Beauty Ltd has the right to cancel orders where we deem the order to be fraudulent and also where delivery of products may not be fulfilled. In such cases a full refund will be issued.
These conditions are governed by and construed in accordance with the laws of New Zealand. You agree, as we do, to submit to the exclusive jurisdiction of the New Zealand courts in the event of any dispute arising from these terms and conditions. All contracts are concluded in English.
Matters beyond our reasonable control: If we are unable to provide a product or service because of something beyond our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (whether or not involving our employees), or any product supply issues beyond our control. We will not be liable for this. This does not affect your statutory rights.
Should any of the terms and conditions be deemed to be illegal, invalid or unenforceable in a court of law then the relevant section shall be removed from the terms of sale and the integrity of the remaining terms will be upheld.
9 ALTERATIONS TO BIOSCULPTURE.CO.NZ
BSG Beauty Ltd reserve the right to make any amendment’s or changes to the Terms and Conditions of sale, the items represented on our website, policies or any aspect of our service without prior notice. Customers will be subject to the terms of sale at the point of placing an order only and changes will only be applicable to Customers who purchase after any amendments have been made. Content shown on the Bio Sculpture NZ website may not be copied or mirrored without the consent of BSG Beauty Ltd.
Should you have any comments in relation to issues on our website, with our terms and conditions, our service or just a general query then please do not hesitate to contact us.
Tel: +64 (0) 75420898