Terms of service
Terms of Service
Last updated: August 2026
OVERVIEW
Welcome to Southerly Beauty.
These Terms of Service (“Terms”) apply to your use of the Southerly Beauty website, online store and related services.
The terms “Southerly Beauty”, “we”, “us” and “our” refer to Southerly Beauty Limited, a New Zealand company.
Our online store is hosted by Shopify, which provides the ecommerce platform that enables us to offer our products and services to you.
By accessing our website, purchasing a product from us or otherwise using our services, you agree to these Terms together with the policies referred to in them, including our Privacy Policy, Shipping Policy and Refund & Returns Policy.
If you do not agree to these Terms, please do not use our website or purchase products through our online store.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020, or any other rights that cannot lawfully be excluded.
1. ELIGIBILITY AND ACCOUNT INFORMATION
You must be at least 18 years old, or otherwise legally capable of entering into the transaction, to place an order through our online store.
When placing an order, you agree to provide current, complete and accurate information, including your contact, billing, payment and delivery information.
You are responsible for ensuring that any account information and login credentials associated with your account are kept secure.
You must notify us as soon as reasonably possible if you believe your account has been accessed without your permission.
You must not use our website or services for any unlawful or fraudulent purpose.
2. OUR PRODUCTS
We take reasonable care to ensure that product descriptions, photographs, ingredients, directions and other information displayed on our website are accurate.
However, colours and the appearance of products or packaging may vary slightly depending on your device, screen settings, production variations or packaging updates.
Minor differences in appearance that do not affect the nature, quality or performance of a product will not necessarily mean that the product is faulty.
Nothing in this section limits your rights where a product does not correspond with its description, is not of acceptable quality, is unsafe, is not fit for an applicable purpose, or otherwise fails to comply with the Consumer Guarantees Act or other applicable law.
We may change product packaging, descriptions, specifications or availability from time to time, provided that we comply with our obligations under applicable law.
We may discontinue products or limit the quantity of products available for purchase.
3. SKINCARE INFORMATION AND PRODUCT USE
Information provided on our website about skincare, ingredients and product use is intended to provide general product information and is not medical advice.
Individual skin types, sensitivities and reactions may vary.
Please read the ingredient list, directions and warnings supplied with a product before use and use products only as directed.
If you experience irritation or an unexpected reaction, discontinue use.
Where you have a known allergy, skin condition or concern about whether a product is suitable for you, you should consider seeking appropriate professional advice before use.
A product being unsuitable for an individual's skin does not, by itself, mean that the product is faulty. However, nothing in this section limits your rights under applicable consumer law if a product is defective, unsafe or otherwise does not comply with applicable consumer guarantees.
4. ORDERS
When you submit an order through our website, you are offering to purchase the products shown in your order.
After placing an order, you should receive an order confirmation at the email address provided.
We reserve the right to decline or cancel an order where there is a legitimate reason to do so, including:
- a product being unavailable;
- an obvious pricing or listing error;
- payment not being successfully processed;
- suspected fraudulent or unlawful activity;
- restrictions on delivery to the address supplied; or
- an order exceeding applicable purchase limits.
If we cancel an order after payment has been received and you have not received the relevant goods, we will refund the amount paid for the cancelled products and any applicable shipping charge.
Please check your order carefully before completing your purchase.
Our cancellation and change-of-mind rules are set out in our Refund & Returns Policy.
5. ORDER CANCELLATIONS
If you change your mind after placing an order, please contact us as soon as possible.
If your order has not yet been dispatched, we may allow you to cancel the order for a full refund in accordance with our Refund & Returns Policy.
Once your order has been dispatched, it cannot normally be cancelled for change of mind.
Due to the hygiene, safety and product-integrity requirements associated with skincare and personal-use products, we do not generally accept change-of-mind returns after dispatch.
This does not affect your rights where goods are faulty, damaged, unsafe, incorrectly supplied or otherwise fail to comply with applicable consumer law.
6. PRICING AND PAYMENT
Prices displayed on our New Zealand website are in New Zealand dollars (NZD) unless otherwise stated.
Where applicable, prices displayed to New Zealand consumers include GST or clearly indicate how GST applies.
Shipping charges and any other applicable charges will be displayed or otherwise made clear before you complete your purchase.
We may change our prices at any time, but changes will not affect orders already accepted by us except where an obvious pricing error has occurred.
Promotional offers, discount codes and sale pricing may be subject to separate terms, including expiry dates, minimum purchase requirements or product exclusions.
You agree to provide accurate and authorised payment information.
We may use third-party payment providers to securely process payments.
We do not guarantee that every payment method will be available at all times.
7. PRICING ERRORS
We make reasonable efforts to ensure that prices and product information displayed on our website are accurate.
Occasionally, an obvious error may occur.
If a product has been listed at an obviously incorrect price, we may contact you before dispatch to explain the error and give you the option to purchase the product at the correct price or cancel the affected item for a full refund.
Nothing in this section permits us to engage in misleading pricing practices or limits your rights under the Fair Trading Act 1986.
8. SHIPPING AND DELIVERY
Orders are shipped in accordance with our Shipping Policy.
Delivery timeframes provided on our website are estimates unless we expressly state otherwise.
We will take reasonable steps to dispatch and deliver orders within the stated or otherwise reasonable timeframe.
Courier delays, severe weather, transport disruptions and other events outside our reasonable control may occasionally affect delivery times.
If your parcel is significantly delayed, lost or damaged during delivery, please contact us so that we can investigate the issue with the relevant carrier and provide any remedy required by applicable law.
The use of a third-party courier does not remove or limit Southerly Beauty's obligations to you under applicable New Zealand consumer law.
We do not deliver to PO Box addresses. A valid physical residential or business delivery address must be provided.
Further information about delivery addresses, rural and remote delivery, tracking and shipping charges is contained in our Shipping Policy.
9. DELIVERY INFORMATION PROVIDED BY YOU
You are responsible for providing a complete and accurate delivery address.
If you notice an error in your delivery address, please contact us as soon as possible.
If the order has not yet been dispatched, we will make reasonable efforts to update the delivery details.
Once an order has been dispatched, it may not be possible to redirect it.
Where an order cannot be delivered because an incorrect, incomplete or unsuitable address was supplied by the customer, reasonable additional delivery charges may apply if the parcel needs to be resent.
This does not apply where the delivery problem was caused by us or our service provider.
10. REFUNDS, RETURNS AND CONSUMER GUARANTEES
Our change-of-mind, cancellation, damaged-product and refund procedures are set out in our Refund & Returns Policy.
Our products come with guarantees that cannot be excluded under the New Zealand Consumer Guarantees Act 1993.
Depending on the circumstances, if a product is faulty, damaged, unsafe, does not match its description, is not of acceptable quality or otherwise fails to comply with an applicable consumer guarantee, you may be entitled to a repair, replacement, refund, compensation or another remedy provided by law.
Nothing in these Terms or our Refund & Returns Policy limits those rights.
11. INTELLECTUAL PROPERTY
Unless otherwise stated, the content available through the Southerly Beauty website, including our branding, logos, product names, text, photographs, graphics, packaging designs, videos and website content, is owned by or licensed to Southerly Beauty Limited.
This content may be protected by copyright, trade mark and other intellectual property laws.
You may access and use our website for your personal and non-commercial use.
You must not reproduce, distribute, modify, republish, commercially exploit or otherwise use our intellectual property without our prior written permission, except where permitted by law.
Southerly Beauty's name, logos, product names and brand elements must not be used in a way that suggests endorsement, sponsorship or association without our permission.
Third-party trademarks and intellectual property remain the property of their respective owners.
12. REVIEWS, FEEDBACK AND USER CONTENT
If you voluntarily submit a review, photograph, comment, suggestion or other content to us or through functionality provided on our website, you confirm that you have the right to provide that content.
You grant Southerly Beauty a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for legitimate business purposes, including operating and promoting Southerly Beauty, unless otherwise agreed with you.
We will not use your personal information in a manner inconsistent with our Privacy Policy or applicable privacy law.
You must not submit content that:
- infringes another person's intellectual property or privacy rights;
- is knowingly false or misleading;
- is defamatory or unlawful;
- contains malicious software; or
- impersonates another person.
Where a review or endorsement has been incentivised or provided in connection with gifted products, the relevant relationship should be appropriately disclosed.
We may remove content from our website where we reasonably believe it is unlawful, misleading, offensive, fraudulent or otherwise inappropriate.
13. THIRD-PARTY LINKS AND SERVICES
Our website may contain links to third-party websites or use third-party services.
Those third parties operate independently from Southerly Beauty and may have their own terms and privacy policies.
We are not responsible for the content or practices of third-party websites that we do not control.
However, nothing in this section limits any responsibility we may have under New Zealand law for third parties acting on our behalf in providing products or services to you.
14. SHOPIFY
Our online store is hosted by Shopify.
Shopify provides the ecommerce technology used to operate the website and process certain information relating to your use of our online store.
When you purchase products from Southerly Beauty, your contract for the purchase of those products is with Southerly Beauty Limited, not Shopify.
The fact that we use Shopify or another third-party service provider does not reduce any obligations Southerly Beauty owes to you under applicable consumer law.
15. PRIVACY
We collect, use, store and disclose personal information in accordance with our Privacy Policy and applicable New Zealand privacy law, including the Privacy Act 2020.
Because our website is hosted by Shopify and we use other technology and service providers, personal information may be processed or stored outside New Zealand.
Our Privacy Policy explains how we handle personal information, the types of service providers we use and your rights in relation to your personal information.
Where required by law, we will take appropriate steps in relation to disclosures of personal information outside New Zealand.
16. PROHIBITED USES
You must not use our website or services:
- for any unlawful or fraudulent purpose;
- to infringe our intellectual property rights or those of another person;
- to submit false or misleading information;
- to distribute viruses, malicious code or harmful software;
- to interfere with the security or operation of our website;
- to collect personal information about other users without lawful authority;
- to engage in spam, phishing or other deceptive practices;
- to impersonate another person or organisation;
- to gain unauthorised access to our systems; or
- in any way that violates applicable law.
We may restrict or terminate access to the website where reasonably necessary to protect our business, customers, systems or legal rights.
17. WEBSITE AVAILABILITY AND INFORMATION
We aim to keep our website available and the information on it accurate and up to date.
However, we do not guarantee that the website will always be uninterrupted, error-free or available.
We may temporarily suspend access for maintenance, security, technical or operational reasons.
General skincare and educational information made available through our website is provided for informational purposes and should not be relied upon as medical or professional health advice.
Nothing in this section excludes any guarantee, obligation or liability that cannot lawfully be excluded.
18. LIABILITY
Nothing in these Terms excludes, restricts or modifies any liability or consumer right that cannot lawfully be excluded or restricted.
To the extent permitted by law, Southerly Beauty will not be responsible for loss that:
- was not reasonably foreseeable;
- results from misuse of a product or failure to follow product directions or warnings;
- results from circumstances outside our reasonable control; or
- relates to business or commercial loss arising from products purchased solely for personal or household use.
Any limitation of liability in these Terms applies only to the extent permitted by New Zealand law.
For the avoidance of doubt, nothing in these Terms excludes or limits any liability Southerly Beauty may have where such liability cannot lawfully be excluded.
19. CONSUMER GUARANTEES ACT AND FAIR TRADING ACT
If you acquire our products as a consumer, you have rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
These rights apply in addition to the rights described in these Terms and our other policies.
Nothing in these Terms is intended to:
- exclude or restrict the Consumer Guarantees Act where it applies;
- misrepresent your legal rights;
- exclude liability that cannot legally be excluded; or
- require you to waive a statutory consumer remedy.
20. INTERNATIONAL CUSTOMERS
Where we offer delivery to customers outside New Zealand, additional local laws, taxes, duties, customs procedures and delivery requirements may apply.
You are responsible for any import duties or taxes that are clearly disclosed as being payable by you, unless we state otherwise.
Nothing in these Terms is intended to exclude any mandatory consumer rights that apply to you under the laws of the country in which you reside.
21. CHANGES TO PRODUCTS OR SERVICES
We may modify, suspend or discontinue products, promotions, website functionality or services from time to time.
Where you have already entered into a contract with us for a product, we will honour that contract or provide an appropriate refund or remedy where required.
22. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, website, products or applicable law.
The version published on our website at the time you place an order will generally apply to that order.
Changes will not retrospectively remove or reduce rights that have already arisen under an existing transaction.
The date on which these Terms were last updated will be displayed at the beginning of this document.
23. SEVERABILITY
If any part of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary, where legally possible.
The remaining provisions will continue to apply.
24. NO WAIVER
If we do not immediately exercise a right available to us under these Terms, this does not mean that we have waived that right.
25. GOVERNING LAW
These Terms and your use of the Southerly Beauty website are governed by the laws of New Zealand.
Subject to any consumer rights relating to jurisdiction that cannot lawfully be excluded, disputes relating to these Terms or purchases from Southerly Beauty will be subject to the jurisdiction of the New Zealand courts and tribunals.
If you are purchasing from outside New Zealand, nothing in this section is intended to remove any mandatory consumer protection that applies to you under applicable law.
26. CONTACT INFORMATION
If you have questions about these Terms, an order or our products, please contact us:
Southerly Beauty Limited
Suite 1139, Unit A Level G
26 Hobson Street
Auckland City 1010
New Zealand
Email: hello@southerlybeauty.co.nz
NZBN: 9429053734549
GST No.: 148-919-151
27. RELATED POLICIES
These Terms should be read together with our:
- Privacy Policy
- Shipping Policy
- Refund & Returns Policy
If there is an inconsistency between these Terms and a specific policy relating to a particular matter, the more specific policy will apply to that matter, subject always to applicable law.
Nothing contained in any Southerly Beauty policy excludes or limits rights that cannot lawfully be excluded under New Zealand law.