Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Permanent Makeup By Michelle Limited ("Permanent Makeup By Michelle", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.michelleobyrne.co.nz ("the website"). They are effective from 1 June 2024 and will replace all earlier Permanent Makeup By Michelle Limited terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.

Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.

Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.

Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.

Payment options

We accept the following credit cards:

Visa, MasterCard and American Express

We also accept payment from your PayPal account if you have one.

Credit Card Security

All payments are processed via Stripe and are subject to Stripe terms and conditions which can be found here https://stripe.com/nz/privacy.

Shipping and delivery

Courier Delivery

All our orders are shipped to you through the NZ Couriers network. Our team prepare and dispatch your order as quickly as possible, usually within 1 to 3 business days of receiving your order. If there are any significant delays they will contact you by email.

Once your order is shipped please allow the standard Courier shipping times as per the guideline table above.

Once your order has shipped, you will receive an email from us with your tracking details. For information regarding your shipment once dispatched please contact the courier directly using the information found in your tracking email. Please allow up to 24 hours from receiving your tracking number for it to register with the courier before making an enquiry.

A signature is required on delivery for New Zealand orders, unless you specify otherwise in the delivery notes field during checkout, or arrange an Authority to Leave (ATL) direct with NZ Couriers. In cases where the parcel is not left because not signature was unable to be obtained, please contact NZ Couriers for redelivery or pick up.

Please note, that once you authorise the parcel to be left without a signature (either in the check out process or with NZ Couriers) the parcel is then no longer the liability of Permanent Makeup By Michelle or NZ Couriers once it has been delivered. We highly recommend, wherever possible to have a signature required.

PO Box Delivery

Unfortunately we are unable to deliver to post office boxes at this time.

Missing Orders

If for any reason you do not receive your order within the targeted delivery time, please contact us within seven days of the date of dispatch of that order for deliveries within New Zealand, and within four weeks for all international deliveries.

We will do our best to recover your missing parcel in conjunction with the courier or delivery service provider, however we cannot guarantee delivery unless you select a tracked delivery option.

Returns

We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.

Liability Limitation

Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.


To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction

Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions

We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at michelleobyrne.co.nz.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.