NZ Online GWP Terms and Conditions - W cosmetics

APPLICABILITY  

PROMOTION PERIOD 

ELIGIBLE ENTRANTS 

Participation in the Promotion is open to residents of Australia and/or New Zealand aged 18 years or over (unless otherwise stated for the relevant Promotion) who meet all eligibility criteria set out in these terms and conditions and our privacy policy, which can be accessed at https://wcosmetics.co.nz/policies/privacy-policy. All employees of W cosmetics and its related bodies corporate are ineligible to enter the Promotion. 

Each person who complies with clause 3(a) above will be an ‘Eligible Entrant’ for the purposes of these terms and conditions.  

Unless otherwise stated for a particular Promotion, the maximum number of Gifts per Eligible Entrant per transaction is one (1). 

The Promotion is available while stocks of the Gift last and may end before the End Date if stock is exhausted. 

Where the Promotion is triggered by a social media action rather than a purchase: instead of a Qualifying Purchase, Eligible Entrants must [insert, e.g. follow [@insert account] on Instagram and/or upload and tag a photo as specified for the Promotion] (Qualifying Action) to receive the Gift. 

QUALIFYING PURCHASE 

Claiming the Gift 

To qualify for a Gift, an Eligible Entrant must make a Qualifying Purchase during the Promotion Period. 

Once W cosmetics has verified that an Eligible Entrant has made a Qualifying Purchase in accordance with these terms, the Eligible Entrant will be entitled to receive the Gift. Once a Gift has been issued, the Qualifying Purchase cannot be withdrawn for the purposes of this Promotion except in accordance with these terms.  

GIFT 

The Eligible Entrant who makes a Qualifying Purchase will be entitled to Medicube Red Succinic Peeling Pad 10pc (Gift). Contents of the Gift may vary. 

All taxes and local government fees (excluding GST) that may be payable as a consequence of receiving the Gift are the sole responsibility of the Eligible Entrant. 

Where applicable, for example if the Gift is a third party voucher, the Gift is to be used in accordance with the terms and conditions of that third party. 

W cosmetics is not liable for any loss or damage (even if caused by negligence) as a result of any Eligible Entrant accepting and/or using the Gift, except for any liability which cannot be excluded by law. 

Eligible Entrants acknowledge that W cosmetics makes no promise or guarantee regarding the suitability of the Gift. If an Eligible Entrant has an issue or complaint with any organisation associated with the Gift, W cosmetics is not responsible for resolving the issue (though it may choose to do so). 

The Gift cannot be exchanged, refunded or substituted, except as set out in clause 8 below. 

Where a Qualifying Purchase is returned and, as a result, the Eligible Entrant no longer satisfies the Promotion requirements, W cosmetics may require the Gift to be returned in its original condition, or, where the Gift is not returned, deduct the retail value of the Gift from any refund, in each case consistent with the Eligible Entrant’s rights under the Australian Consumer Law. 

Where the Gift is provided in connection with a Qualifying Action: if the relevant social media post, follow, upload or tag is later removed, undone or made private, W cosmetics may require the Gift to be returned. 

Where the Promotion offers tiered Gifts: the Gift received will depend on the value of the Qualifying Purchase, as follows:  

Receiving Your Gift 

GIFT SUBSTITUTION 

In the event that the Gift becomes unavailable for reasons beyond W cosmetics’ control (including stock availability), W cosmetics may, at its absolute discretion, substitute the Gift with a gift of equal or greater value. 

The Gift is not redeemable for cash or credit under any circumstances. 

USE OF ELIGIBLE ENTRANTS’ PERSONAL INFORMATION 

W cosmetics will collect the Eligible Entrant’s personal information, including names, addresses and contact numbers, for the purpose of conducting the Promotion. W cosmetics may disclose the personal information it collects to third parties, including local regulatory authorities and W cosmetics’ agents or third-party service providers for the purposes of conducting the Promotion or for promotional and marketing purposes, including on social media (Purpose). 

By entering this Promotion, Eligible Entrants consent to the use of their personal information for the Purpose. Claiming a Gift is conditional on providing this personal information. W cosmetics will also use and handle personal information as set out in its Privacy Policy. In addition to any use that may be outlined in the Privacy Policy, W cosmetics may also, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant. Eligible Entrants should direct any request to opt out, access, update or correct personal information to W cosmetics, and direct any complaints regarding treatment of their personal information in accordance with the Privacy Policy. 

GENERAL CONDITIONS 

W cosmetics accepts no responsibility for late, lost or misdirected claims for a Gift or other communications. 

Should an Eligible Entrant’s contact details change during the Promotion Period, it is the Eligible Entrant’s responsibility to notify W cosmetics. An Eligible Entrant should direct any request to access or modify any information provided as part of the redemption of a Gift to W cosmetics. 

W cosmetics may at its absolute discretion request verification of eligibility or any information provided for the purposes of the Promotion and arranging a Gift.  

W cosmetics reserves the right to disqualify any individual who breaches these terms and conditions, who is involved in any way in interfering or tampering with the fair and proper conduct of this Promotion, or where W cosmetics suspects fraud, misuse or abuse in connection with the Promotion. Failure by W cosmetics to enforce any of its rights does not constitute a waiver of those rights. 

By entering this Promotion, Eligible Entrants acknowledge and agree that these terms and conditions, the Promotion and the consequences of receiving a Gift may be subject to the terms and conditions of third-party service providers such as social media platforms, payment providers and delivery companies (Third Party Terms). W cosmetics will not be liable for any damage or loss suffered by the Eligible Entrants in connection with such Third Party Terms.  

Participants in the Promotion may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by W cosmetics. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the maximum extent that it is permitted to do so by law, W cosmetics (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, incidental, special or consequential, arising in any way out of the Promotion, including, without limitation: 

any theft, unauthorised access or third party interference; 

any entry that is late, lost, altered, damaged or misdirected (whether or not after receipt by W cosmetics) due to any reason beyond the reasonable control of W cosmetics; 

any variation in market value of the Gift to that stated in these terms and conditions;  

any tax implications; and/or 

the Gift or any use of the Gift.  

W cosmetics will not be liable for performance delays nor for non-performance due to causes beyond its reasonable control. If the Promotion is not capable of running as planned, W cosmetics reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Promotion, or amend these terms and conditions, unless to do so would be prohibited by law. 

W cosmetics may modify, suspend or cancel the Promotion at any time where reasonably necessary. 

Unless otherwise stated, the Promotion cannot be used in conjunction with any other offer, discount or promotion. 

These terms and conditions are governed by the laws applying in New South Wales, Australia. Nothing in these terms and conditions limits or excludes any rights you may have under the Consumer Guarantees Act 1993 (New Zealand) or the Fair Trading Act 1986 (New Zealand), to the extent those laws apply to you.