Eckco Limited (“we”, “us” or “our”) provides the services available on this website to you subject to the following terms and conditions (the “Terms and Conditions”). By accessing or using this website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
1. Privacy Policy
Please review our Privacy Policy, which forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.
2. Eligibility
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this website under New Zealand law you must: (a) provide your contact and address details; and (b) be the holder of the account or card used to make payment.
3. Language
This contract shall be concluded in English.
4. Product Descriptions / Product Use
We endeavour to ensure that details, descriptions, images, and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by law, we do not warrant that the product descriptions, colours or other content available on the website are accurate, complete, reliable, current, or error-free. Information may be out of date.
Although we aim to keep the website as up-to-date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 7 below.
Product Use
Avoid contact with eyes. If this occurs rinse thoroughly with water. Keep out of reach of children. After opening, the product will remain suitable for use as long as indicated in the Period After Opening (open jar) symbol.
None of our products contain ingredients at levels that should cause concern during pregnancy. But if you have any concerns at all we advise you to consult your GP. Each product’s ingredient list is printed on the product and can also be found on the product pages of our website.
Any mention of the medicinal or therapeutic properties of ingredients is for information only. We do not make any recommendation of suitability for any particular case. If you are considering the use of any Eckco products for medicinal or therapeutic use, we strongly recommend you consult a qualified herbalist or medical practitioner.
First Use
While Eckco uses natural botanical ingredients, free from toxins, synthetic fragrances, and irritants. We recommend that new customers always test a small patch of skin before they introduce them as part of their skincare regime.
Skin Patch Testing
Testing a small patch of skin is a way of determining if a product that comes in contact with the skin will cause inflammation, known as contact dermatitis.If you have a history of being sensitive to products applied to the skin or eye area. It’s imperative, that you perform a patch test before commencing the use of any new skincare product.
Skin Patch Testing Directions
The easiest method for testing the skin for a reaction is to do a patch test.
- Apply a small amount of a product or an ingredient to a patch (small area) of skin on the inner lower arm, behind your ear, under your jaw, or near your neck. Rub it in and allow it to dry.
- Do not wash that area of the skin for at least 24 hours; watch for signs of a reaction.
- If there is no visible reaction to the product or ingredient, then it is likely that you will not react negatively to the product or ingredient when used on other parts of the body.
- The patch (small area) of skin can then be washed.
Signs of a Reaction?
Look for any redness, swelling, itching, burning, bumps, or other unusual reaction or discomfort to the skin. If these signs appear, remove the product immediately from the skin with water and cease use. Any reaction means that you are likely allergic to one or multiple ingredients in the product.
It is important to test only one product at a time, as reactions within the body also need to be monitored.
5. Purchase Related Policies
Personal use only
The products and services available on the website, and any samples thereof we may provide to you, are for personal use only unless approved otherwise. You may not sell or resell any of the products or services unless approved, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability.
Our right to cancel your order
If we reasonably believe, in our sole discretion, that the completion of your order may result in the violation of our Terms and Conditions we may, with or without notice, cancel or reduce the quantity of your order.
6. Prices
All prices indicated for products available are in New Zealand Dollars (NZD) at the current rates and are exclusive of delivery charges, overseas customs duties, foreign taxes, or other fees, which may be imposed and this is the responsibility of the customer. The total cost of your order is the price of the products ordered and delivery charges as set out in the delivery section of this website.
7. Placing an Order and Order Acceptance
Once you have placed your order, we will send you an e-mail acknowledgement providing you with the details and value of your order, which has been debited from your credit/debit card or other payment methods. This is not an order acceptance from Eckco.
Unless we have notified you that we do not accept your order or you have cancelled your order, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy.
If you require any information regarding your order please fill out the Contact Us Form.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy), or if we identify a product or pricing error.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email advising you of this.
8. Payment
You pay using a Debit/Credit Card, PayPal, Afterpay, Laybuy, or Zip. You confirm that the credit card, debit card, PayPal or buy now pay later account that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
9. Title to Goods
We will retain the legal ownership of the goods until the later of dispatch of the goods to you and full payment for the goods being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
10. Risk of Loss
Risk in the goods will pass to you upon delivery.
12. Delivery
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy.
If no such action is taken, to the extent permitted by law, we shall not be obliged to accept any rejection of the goods at a later date. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact us.
13. Intellectual Property
All content available on the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of Eckco Limited, our affiliates, our partners or our licensors.
Trademarks and Logos
The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Eckco Limited, our affiliates, licensors, or partners.
All other Trademarks not owned by us, our affiliates, partners, or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as outlined in the limited license in section 14 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
Eckco® is a registered trademark of Eckco Limited New Zealand
14. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site.
This limited license does not include the right to:
(i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content);
(iii) make any use of the Site or its Content other than personal use;
(iv) create any derivative work based upon either the Site or its Content;
(v) collect account information for the benefit of another party;
(vi) use any meta tags or any other “hidden text” utilising our name or the Trademarks; or
(vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only.
Websites that link to our Site
(i) may link to, but not replicate, our Content;
(ii) may not imply that we are endorsing such website or its services or products;
(iii) may not misrepresent its relationship with us;
(iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
(v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
(vi) may not use any Trademark without express written permission, and
(vii) may not link to any page of the website other than the home page.
We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the website terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law.
15. Your Obligations and Responsibilities
In the access or use of the website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom, and good faith. You may not make any change or alteration to the website or any content or services that may appear on this website and may not impair in any way the integrity or operation of the Site.
Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Eckco Limited, our affiliates, partners or licensors.
16. Your Account
You must provide true, accurate, and up-to-date information. You warrant that the personal information which you are required to provide when you register as a customer is true, accurate, and current in all respects. See our Privacy Policy regarding the treatment of your personal information.
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes, then please notify us immediately by contacting us. Alternatively, you can update your details through the My Account page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account.
You agree to accept responsibility for all activities that occur under your account or password.
How to cancel your account
Your account can be cancelled at any time by using our Contact Us form.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Our right to cancel your account
If you violate these Terms and Conditions or if we reasonably decide it would be in Eckco Limited’s best interests to do so, we reserve the right to refuse service and/or terminate accounts without prior notice.
17. Third Party Links
We are not responsible for the content of any off-site pages or any other websites linked to our website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-site pages or other websites is at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-site pages or any other websites linked to or from our website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites that you visit.
18. Submissions
Submissions not confidential
It is our policy to decline unsolicited suggestions and ideas. Any solicited or unsolicited enquiries, feedback, suggestions, ideas, or other information you provide us (collectively, “Submissions”) will be treated by us as non-proprietary and non-confidential.
Rights you give us by making a Submission
Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works.
You also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts, or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing, and marketing products.
Representations and warranties by you in relation to the Submission
If you make a submission, you represent and warrant that it is true and accurate and that you own or otherwise control the rights to your submission. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. finally, you agree to indemnify us for all claims arising from or in connection with your claims to any rights in any submission.
19. Limitation of Liability
No representations or warranties
THE SITE IS PRESENTED “AS IS.”
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of loss caused by certain events
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY
(a) INTERRUPTION OF BUSINESS;
(b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE;
(c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION;
(d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE;
(e) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES;
(f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR
(g) EVENTS BEYOND OUR REASONABLE CONTROL.
Exclusion of certain types of loss
TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (OR ANY LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Cap on Liability
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED, WHICHEVER IS GREATER.
20. Indemnification
You agree to defend, indemnify and not hold us responsible for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
21. Complaints
If you wish to complain about any matter in respect of the goods please contact us by using our Contact Us Form.
22. Disputes
Your use of this website and any purchase by you of any goods from Eckco Limited shall be governed by New Zealand law and the parties hereto submit to the exclusive jurisdiction of the New Zealand courts.
23. General
Entire agreement
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the website, and supersede and govern all prior proposals, agreements, or other communications.
We may amend these Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting.
Your continued use of the website constitutes your agreement to all such terms and conditions. You agree to comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.