Terms of service
Suetly Tallow Terms & Conditions
Suetly Tallow is a family-owned and operated natural skin and bodycare business located in the beautiful countryside of Waikato, New Zealand.
Throughout this website, the terms “we”, “us” and “our” refer to Suetly Tallow, trading under EcoLuxe Living Limited (NZBN 9429047247710).
The below Terms and Conditions explain the rules for using our Website and/or purchasing our Products, and apply to both retail and wholesale channels.
1. Application of Terms
1.1 By using our Website and/or purchasing our Products:
a. You agree to these Terms; and
b. If you are accessing or using the Website or purchasing Products on behalf of another entity (i.e. person or company), you confirm that you are authorised to agree to these Terms on their behalf, and that by agreeing to these Terms on that entity's behalf, you and that entity are bound by these Terms.
1.2 If you do not agree to any of these Terms, you may not access or use the Website or purchase any of our Products.
1.3 These Terms apply together with any other Policies or Terms specifically referred to on the Website, including our Refund and Returns Policy, Privacy Policy and Promotions & Subscriptions Policy.
1.4 Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the New Zealand Consumer Guarantees Act 1993 ("CGA"), Fair Trading Act 1986 or any other New Zealand law where those rights cannot legally be excluded, restricted or modified.
2. Changes
2.1 We may update these Terms from time to time to reflect changes to our Business, Website, Products, Promotions or applicable New Zealand law(s). Unless stated otherwise, any change takes effect immediately. By continuing to access and use the Website and/or purchasing our Products, you agree to be bound by the changed Terms. The latest version of these Terms will always be published on the Website.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability. These can include changes to content/material information, features or services provided on the Website.
2.3 You are responsible for ensuring you monitor for updates and are familiar with the latest Terms, content/material information, features or services provided on the Website.
3. Definitions
In these Terms:
CGA means the New Zealand Consumer Guarantees Act 1993.
Loss includes any loss of profits, savings, revenue or data, and any other claim, damage, demand, liability, proceeding, cost or expense, including legal costs incurred on a solicitor and own client basis.
Personal Information means information about an identifiable living person.
Product means any product displayed on the Website and available for purchase from Suetly Tallow.
Promotions Policy means the current policy relating to promotions of Products, Services and/or Subscriptions to Suetly Tallow as published on the Website.
Terms means these Terms & Conditions.
Underlying System means any network, system, software, data or material that underlies or is connected to the Website.
User ID means a unique username and/or password that allow you to access certain parts of the Website.
Suetly Tallow, we, us or our means EcoLuxe Living Limited, trading as Suetly Tallow.
Website means https://suetlytallow.co.nz/ or https://suetlytallow.com
You means you, or if clause 1.1 applies both you and the other entity (whether person or company) on whose behalf you are representing.
4. Your Obligations
4.1 You must provide information that is true, current and complete when dealing with us, including when setting up an account, and must update that information when required so that the information remains true, current and complete.z
4.2 If you are given a unique User ID and/or create an account, you are responsible for keeping your login details secure. You must:
a. not disclose, provide or allow another person to use your User ID; and
b. tell us as soon as reasonably possible if you become aware of any disclosure or unauthorised access or use, by emailing us at suetlytallow@gmail.com.
4.3 You must:
a. not act in a way, use or introduce anything ((including viruses, malware, Trojan horse, timebomb, keystroke logger, spyware, harmful code or other similar feature) that may damage, interfere with or compromise the Website or any Underlying System; and
b. access the Website via standard web browsers only, and not by any other method - unless with our written permission. This includes scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar copying, data collecting, extraction or monitoring method.
4.4 If you would like to link to our Website from another website, you must obtain our written permission first, by emailing us at suetlytallow@gmail.com.
4.5 You must not use the Website for any unlawful purpose or in a way that could harm Suetly Tallow, our customers, our Website or our reputation.
4.6 You are responsible for any loss or costs you suffer or incur, and/or that we incur, as a direct or indirect result of your failure to comply with or non-observance of these Terms or any documents incorporated into these Terms. This includes any breach by a person who accesses or uses our Website using your User ID.
5. Intellectual Property
5.1 We (and our licensors) own all proprietary and intellectual property rights in the Website. This includes all layout, text, copyright, trademarks, patents, design rights, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and "look and feel"), and the Underlying Systems used to operate the Website.
5.2 You may view and use the Website for your personal, non-commercial purposes. You may not reproduce, copy, modify, distribute, sell or commercially exploit any of our proprietary and intellectual property without getting written permission from Suetly Tallow.
5.3 Nothing in these Terms transfers ownership of our intellectual property to you.
6. Website
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss (e.g. damage, costs, expenses) connected to the following website-related scenarios:
a. The website being unavailable (in whole or in part), or performing slowly;
b. Any error or inaccuracy in, or omission from, any information, descriptions, pricing, promotions, offers, product shipping charges, transit times made available through the Website;
c. Any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this;
d. Any links on our Website to third-party websites are provided for your convenience and further information. We do not control those websites or their content. A link to another website does not imply our endorsement, approval or recommendation of, or responsibility for, that website, its content, operations, products or operators.
6.2 We do not guarantee that our Website is appropriate or available for use in every country, or that its content complies with the laws of every country. If you access or use our Website from outside New Zealand, you are responsible for ensuring that your use of the Website is not illegal or prohibited, and that it complies with all applicable local laws.
6.3 We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the product or any related website is inaccurate at any time without prior notice (including after you have submitted your order).
7. Product Disclaimers
At Suetly Tallow, we believe we provide organic, natural, gentle and non-irritating products for the skin, scalp and body. However:
a. Information on our Website, social media and in communications with us is provided for general information only and is not medical advice. Our Products are not intended to diagnose, treat, cure or prevent any disease.
b. Product reviews, comments and feedback reflect real customer experiences and opinions about our Products. However, results may vary, and this information should not be used as a substitute for professional medical advice or treatment.
c. To the extent permitted by law, Suetly Tallow is not responsible for individual reactions to any particular ingredient in our Products. Please read our product labels, ingredient lists, directions for use and storage instructions carefully. You are responsible for checking whether a Product is suitable for you. If you have a known allergy or sensitivity, please check the ingredients carefully and do not use any Product containing an ingredient that may trigger a reaction. An allergy patch test is recommended if there is any doubt or history of skin reactions. We recommend patch testing new Products on an arm or leg, and not on the face, before use. Discontinue use if irritation or a reaction occurs.
d. Some of our Products may contain nuts or traces of nuts. If you have a nut allergy, have concerns about a particular ingredient or have an existing health condition (including if you are pregnant, or breastfeeding), please check the ingredient list and consult a healthcare professional before use.
8. Warranties & Liability
8.1 Except as expressly stated in these Terms, we make no warranty or representation as to the merchantability, fitness for a particular purpose, suitability or efficacy of any Product beyond any manufacturer warranty included with the Product. Nothing in the former statement modifies, negates or restricts a consumer’s rights and remedies under the CGA.
a. Subject to your rights and remedies under the CGA, to the fullest extent permitted by law you access and use the Website at your own risk; and
b. We will not be liable for any loss under or in connection with these Terms, our Products supplied, offered to be supplied or advertised or accessed through the Website, the Website, or your access and use of (or inability to access or use) the Website and the information, advice, opinion, representation or omission supplied. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
8.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the CGA or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the amount paid by you to us in respect of the Product purchased excluding any amount paid for delivery.
8.3 To the maximum extent permitted by law and only to the extent clauses 8.1 and 8.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, the purchase of our Products or in connection with the Website or your access and use of (or inability to access or use) the Website, must not exceed NZD100.
9. Return & Refund Policy
9.1 We will not offer refunds or returns on our Products except as required under the CGA.
9.2 We will not offer a refund or return on a Product if it is ordered incorrectly or not suitable for you.
9.3 If a refund is requested in accordance with the CGA on a Product that has been used, we may only offer a partial refund, at our sole discretion.
9.4 If a refund is requested in accordance with the CGA and we refund you, we reserve the right to charge you a re-stocking fee.
9.5 We will not refund shipping fees.
9.6 We may charge additional fees for redelivery
9.7 We may require photos or the return of damaged or faulty products for investigation.
9.8 Gift Cards are non refundable.
10. Privacy Policy
10.1 You do not have to provide us with your personal information. However, if you choose not to provide certain information, we may not be able to provide some Website services, such as processing your payment or delivering your Products.
10.2 Your personal information will be handled in compliance with the New Zealand Privacy Act 2020
10.3 The personal information you provide to us (including any information provided when you register for an account) is collected and may be used to:
- communicate with you
- deliver Products to you
- authorise and process payment including credit card transactions
- improve our Products and services to you
- market our Products to you
- credit checks (if required)
- research and development
- conduct statistical analysis
10.4 Through the use of cookies and other means, we may also collect technical information when you log on to, or visit the public version of, our Website such as how you arrive at, browse through and interact with our Website. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. You may choose to disable cookies through your browser settings, however this may affect some Website functions. We use this information to better understand how our Website is used, improve its functionality, personalise your experience to be more relevant and useful to your particular needs, and make our advertising more personalised and applicable to your interests.
10.5 We generally do not disclose your personal information to third parties for their own purposes. However, we may share your information where reasonably necessary:
a. with service providers and other persons working with us who help us operate, maintain, improve or develop our Website and services, such as website hosting and payment providers;
b. in connection with a proposed purchase or acquisition of our business or assets; or
c. where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
10.6 Your personal information may be stored on the secure servers of our trusted service providers, including providers located outside of New Zealand. This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.
10.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at suetlytallow@gmail.com.
11. Suspension and Termination
11.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may suspend or terminate your access to the Website, or any part of it, immediately and without notice.
11.2 On suspension or termination, you must immediately stop using the Website and must not attempt to access it again.
12. Changes to Product and Prices
12.1 We may change the price of any Product or modify or discontinue any Product, or part of a Product, at any time and without notice.
13. Ownership Title and Risk
13.1 Risk of loss or damage to the Products passes to you when the Products are delivered. If you wrongfully fail to accept delivery, the risk passes to you when we have attempted to deliver the Products.
13.2 Ownership title of the Products does not pass to you until we have received payment in full in cleared funds, even if the Products have already been delivered or the risk has passed to you.
13.3 Until Ownership title of the Products passes to you, and provided the Products still exist, we may require you to return the Products to us. If you do not comply, we may take legal action to recover the Products and seek damages and any reasonable costs associated with their recovery.
14. Force Majeure
14.1 We are not responsible for any delay, suspension or failure to perform our obligations where this is caused by circumstances beyond our reasonable control.
This includes, but is not limited to, acts of God, government actions or shutdowns/ closures, changes in applicable law, riots, vandalism, strikes, lockouts or other labour difficulties, war, national emergencies, pandemics, epidemics, quarantines, serious threats to human health (including outbreaks or recurrences), acts of terrorism, fire, explosion, flood or other natural disasters, acts or omissions of third parties, shortages or inability to obtain necessary materials, equipment, facilities, services or utilities, failure of third-party services, internet interruptions or viruses, accidents or breakdowns of plant, machinery, software, hardware or communication networks, and power outages or shortages.
15. Severability
15.1 If any clause of these Terms is found by a court of competent jurisdiction to be invalid, unenforceable or unreasonable, that clause will be read down or modified to the extent necessary to make it valid and enforceable. The remaining clauses shall not be adversely affected and shall continue in full force and effect.
16. Entire Agreement
16.1 The terms and conditions set out in this agreement are the entire terms and conditions between you and Suetly Tallow, and supersede and replace any previous written and verbal agreements.
17. No Waiver
17.1 If we do not enforce a clause of these Terms, this does not mean we have waived our right to enforce it later in the future. We will still be entitled to our rights and may still enforce our rights and seek remedies if you breach these Terms. For us to waive a right under these Terms, the waiver must be in writing.
18. Orders
18.1 We reserve the right to:
a. Reject or cancel an order at our discretion, including where payment cannot be authorised, a Product is unavailable, or as otherwise permitted under these Terms; and
b. Limit the quantity of any Product that can be purchased or shipped to a particular customer or postal address.
19. Promotions & Subscriptions Policy
19.1 By subscribing to Suetly Tallow, you agree to these Terms. If you do not agree to these Terms, you may not subscribe with Suetly Tallow.
19.2 We may offer promotions, discounts and special offers from time to time. By agreeing to these Terms, you also agree to our Promotions & Subscriptions Policy. We reserve the right to amend or update our Promotions & Subscriptions Policy at any time, without notice.
19.3 From time to time, we may showcase third-party brands, products or services we believe may be relevant to our customers. However this does not constitute an endorsement by us. All purchases made through a third-party is between you and that third-party. Suetly Tallow assumes no liability for the quality, functionality, or effectiveness of third-party products and services.
19.4
a. We reserve the right to cancel, change or withdraw any promotional code.
b. Promotional codes must be entered at checkout before payment is processed.
c. Unless a promotional code is only available for a limited time, you may use a promotional code on any single order.
d. Only one promotional code may be used per order, unless otherwise stated.
e. Promotional codes cannot be combined with any other promotions e.g. Mailing list subscription, Product subscription; as well as already discounted items, value packs, bundles, and gift vouchers.
f. Promotional codes may only be used on the Suetly Tallow Website online store.
g. Promotional codes with a limited time period may only be applied within the specified time period.
h. Within New Zealand, free shipping offers apply only to orders over the value of $80 NZD
i. For International countries, free shipping offers apply only to orders over the value of $90 AUD (for Australia customers), $90 CAD (for Canadian customers), $90 GBP (for UK customers) and $90 USD (for USA customers and the Rest of the World).
j. Promotional codes may not be applied by wholesaler/stockist customers.
k. Promotional codes are only available while stock lasts.
l. Where a minimum order amount applies, the order amount excludes shipping fees.
m. Free Shipping threshold applies only to the value of items being shipped. This means shipping fees and Gift Cards are not included, as these are not shipped.
19.5 How to Apply a Promotional Code
19.5.1 Add items into your cart.
19.5.2 Proceed to the checkout.
19.5.3 On the 'Information' section of the checkout find the 'Gift card or discount code' box
19.5.4 Enter the code provided into the box and click 'Apply'.
19.5.5 Your total cart value will change according to the promotional code applied.
19.5.6 Note: If the item is a free gift with purchase, you will need to add the free gift to your cart to apply the promotional code.
19.6 Promotions for Product Subscriptions
a. Subscribers to any Suetly Tallow Product will receive 10% off the purchase price of the Product on their first and all recurring subscription orders.
b. Promotional codes cannot be used in conjunction with Product subscription orders.
19.7 Buy 2 Get 1 Free
a. Applies only to full sized items.
b. Excludes products under subscription, bundles, gift cards and already discounted items.
c. One free item per customer only.
d. The lowest priced item in the order of at least 3 will be free.
e. Promotional code must be entered at checkout before payment is processed for the discount to apply.
19.8 Free Gift with Purchase
a. Free gift applies with qualifying amount purchase only.
b. One free gift per customer only.
c. Excludes subscriptions, discounted items and gift cards.
d. Free item must be added to order to be included.
e. Promotional code must be entered at checkout before payment is processed for the discount to apply.
19.9 Gift Cards
a. Gift cards are non-refundable.
b. Gift cards may not be applied to shipping fees.
c. Suetly Tallow does not hold gift card codes.
d. Gift card code must be entered at checkout.
e. Gift Cards are not subject to discounts.
f. Gift cards should be treated as cash.
20. General
20.1 If we need to contact you, we may do so by email or by posting a notice on our Website. You agree that these methods satisfy any legal requirements for written communication.
20.2 These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms, any Product or the Website.
20.3 Clauses that are intended to continue after these Terms end, will remain in effect.