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Terms of Service

Introduction

Eesha sells cosmetic products which include bath and body products. By accessing our website you agree to our Terms of Services.

 

The Terms of Services are a legal agreement between you and us in relation to your use of the site and its associated services (the "Agreement"). Please note that the Terms of Service can be amended and/or changed at any time.

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1. Use Constitutes Acceptance

By accessing the site, or subscribing to our newsletter or using any of our services or products you agree to the Terms of Service. If you do not agree to these Terms, you may not use the site or services and should leave this site immediately.

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2. Scope

These Terms govern your use of the site and its associated services, ordering, using of product, deliveries, and all other communications, contents, updates, new releases, and/or any other  (collectively, the "Terms of Services" and/or "Terms and Conditions").

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3. Protection of Minors

You must be 13 years or older to use the site or any services. If you authorise a minor to use the site or services, you acknowledge and agree that you are fully responsible for:

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  • the conduct of such minor

  • controlling the minor's access to and use of the site or services

  • the consequences of such illegality and misuse by the minor

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4. Your order

To order you must give your:

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  • real name

  • your e-mail address

  • your billing address

  • a delivery address (it could be the same as your billing address)

  • a contact phone number

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If we run out of stock we will endeavour to let you know after your order has been placed. You will pay the amount at the checkout process which will include the delivery fee. Ownership of the products will only pass to you when we have received full payment. Products will be at your sole risk from the time of delivery to you.

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If we believe a customer acts against these Terms and Conditions, we reserve the right to cancel or suspend the order. This includes non-payment of ordering products and fraudulent use of our website and/or sales. We also reserve the right to bar certain e-mail addresses and telephone numbers from accessing our website to place orders. We will not accept an order from any customer whom we have suspended.

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A person who is not party to the contract shall not have any rights under or in connection with it.

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5. Orders & Delivery within New Zealand 

Free standard delivery over $100.00 within New Zealand.

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Our flat rate for shipping products within New Zealand is $8.50 Rural delivery fee is $5.50. 

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Your orders are couriered to you. You will receive your item, as an estimate, within 2-5 days. We dispatch daily during weekdays. A tracking number will be provided. Please retain your tracking number.

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Please be aware that during busy periods or issues outside our control, there may be delays in receiving the item. We advise that you check with the post / courier company directly to find out how their delays may impact your order.

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In the event that your order has not arrived within a reasonable period of time please contact post / courier directly first with your tracking number. If you still haven't received the item within 3-5 days of contacting them feel free to contact us via email at Eeshquery@gmail.com.

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6. International Orders

Free standard delivery over $200.00 .  For all orders within 1 kg

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For orders less than $200 costs are:

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  • Australia - $38.00 (dispatched within 24 hours based on a weekday)

  • rest of the world - $38.00-$50.00 *(depending on package size)

  • New Zealand currency

  • Customs fees (taxes, duties, processing fees, brokerages fees, etc.) may be imposed by your local government on shipments from outside your country. These charges are separate from Eeshanaturally.com and are beyond our control or ability to predict. You are responsible for paying any taxes, duties and/or customs fees charged by your government.

  • We do not issue any refunds for customs fees, shipping, or the cost of your order should you refuse to pay the custom fees.

  • We cannot ship to PO Boxes.

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Your post is tracked at key points until the order reaches the destination and, if possible, a signature is collected on delivery. Please retain your tracking number and, for any delays, please check with the allocated post / courier.

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We will notify you if your order is over 2kg as this will cost extra to send overseas. If so, you will have the right to cancel or change your order as you choose.

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All orders will be received between 10 - 15 working days or longer.  All items are tracked. You will be provided the tracking number. Please retain your tracking number and, for any delays, please check with the allocated post/courier.

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Please be aware that during busy periods there may be some delays in receiving your item.

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7. Returns 

Please return the item within 30 days of your purchase. If the return of your item falls outside the 30 day criteria we may not be able to offer you a refund or exchange.

 

The item that is being returned must:​

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  • ​have a proof of purchase

  • be in the original condition you received it in

  • the item being returned must be in its original packaging

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You will be legally obliged to keep the product safe and to take care of the product while it is in your possession.

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There may be certain situations where we may not be able to give you a full refund. Partial Refund may be applicable to:

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  • item not being in its original condition

  • items being returned after 30 days

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Please note that unless the product(s) are faulty, you will be responsible for the cost of returning the product to us.  You are responsible for all shipping expenses associated with returning the item(s). A refund does not apply for any expenses incurred in returning the product to us.

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Email Eesha at Eeshaquery@gmail.com to let us know of the return. We will then issue you with a postal address. Please ensure that the product is wrapped accordingly to prevent breakages. 

 

Note: We recommend getting insurance as we cannot be responsible for lost packages or damage that occurs in transit. Save your tracking number. This is your proof of return and allows you to track the status of the package you are returning to us. We cannot guarantee that we will receive your returned item.

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8. Refunds

When we have received an email and the returned item, we will inspect the item and let you know that we have received your returned item(s). If your refund is approved/not approved we will let you know. If your refund is approved we will process the refund for you. Please note that we cannot reimburse you for any of the postage charges associated with your original order.

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Refund will be via the credit or method used to pay for the product unless you expressly tell us otherwise. Please allow up to seven days for the refund to process.

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8.1 Late Refunds

Please check your account, your credit card company and your bank first if there is a delay. There may be a processing delay or it may be getting processed. If you have done this and you have not received a refund within a reasonable amount of time please do not hesitate to contact us at Eeshaquery@gmail.com.

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9. Cancellations and Exchanges 

If you would like to cancel an order you will need to do so before your order has been dispatched. Please contact 0273 322 755 immediately. Our products are dispatched within 1-2 working days. Please note we cannot cancel a product after it has been dispatched.

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Exchange is only possible for the same item. You can email us at Eeshaquery@gmail.com. We will then issue you with a postal address. Please ensure you choose your item carefully when ordering your product(s).  

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10. Resale

When you order from Eesha or from our website you agree not to resell these products commercially. Commercially reselling or selling our products is a breach of these terms and conditions and your agreement with us. We may stop orders that appear to be placed by distributors, dealers or resellers.

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11. Prices and Description

Please note we reserve the right to change the prices and description at any time.

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12. Intellectual Property Rights

Unless otherwise indicated, the site is our proprietary property. Databases, web design, audio, text, logos, ingredients, photos and graphics, trademark are owned by Eesha or are licensed to us. These are protected by copyright and trademark laws and other intellectual property rights. The site, content, ingredients, trademarks, logos and photos by Eesha cannot be used in any way for example (uploaded, posted, distributed etc.) without our written permission.

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13. Guidelines for Reviews

We may provide you areas on the site to leave reviews or ratings. When posting a review for Eesha anywhere, you must comply with the following criteria:

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  • you should have first-hand experience with the person/entity being reviewed

  • your reviews should not contain offensive language, abuse, racism, discrimination against religion, race, gender, national origin, age, marital status, sexual orientation or disability, or the use of hate in your language

  • you may not post any false or misleading statements

  • you may not organise a campaign, encourage others to post reviews, whether positive or negative

  • you should not be affiliated with competitors if posting negative comments

  • your reviews should not contain references to illegal activity

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We can accept, decline or remove reviews at our discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions. We do not assume liability for any review or for any claims, liabilities, or losses resulting from  any review.

 

By posting a review you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

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14. Prohibited Uses

You, another person/organisation, affiliate(s), or acting on behalf of, are prohibited from using the site or its content for:

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  • participation in illegal and unlawful use and acts including getting others to perform or participate in unlawful acts

  • violation of any laws, rules, including national, international, state regulations, federal,  provincial, or local ordinances/legislation

  • misleading or false information

  • discrimination of any form towards religion, sexual orientation, ethnicity, race, age, origin, disability, gender

  • harassment, abuse, insult, harm, defame, slander, disparage, intimidation is prohibited

  • prohibition of any bugs, codes, viruses, trojan horses, spam, pretext, spider, phish, crawl, pharm, scrape and or the like which may be uploaded, transmitted and/or any other to change the function and/or operation of any service that may be affected by the  website, other websites and the internet or through the site by any third party

  • outmanoeuvre or impede/interfere with security features of the Service or any related website, other websites, or the Internet

  • we reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses

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15. Disclaimer

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law we disclaim any warranty (unless otherwise stated in the Terms) express or implied, in connection with the site and your use thereof. We will not assume any personal liability for any:

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  • personal injury or damage of any nature whatsoever resulting from your access to our products, and use of site

  • errors, mistakes, omissions or inaccuracies of content which includes product descriptions, ingredients, promotions, offers, product shipping charges, transit times, availability and materials

  • any unauthorised access to or use of our servers and/or any and all personal information, information of others, or financial information stored therein

  • any interruption or cessation of transmission to or from the site

  • any bugs, codes, viruses, trojan horses, spam, phish, pharm, pretext, spider, crawl or scrape and or the like which may be transmitted to change the function and/or operation of any service that may be affected by the website, other websites and the internet or through the site by any third party 

  • any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

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We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a  third party through these site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

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16. Product or Service Disclaimer

Any product on this site is not a medical substitute and is not guaranteed to cure any ailments. Always consult with your physician if you are nursing, pregnant, or have any pre-existing conditions. Please keep products away from pets or children when not in use.

 

​In New Zealand it is illegal to make a therapeutic claim about how a product or ingredient works - unless it has been clinically proven (scientifically). Our products list each ingredient on the web site page.

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These products are not suitable for oral consumption. Do not use on eyes unless it is formulated for the eye area.

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17. Allergy/Sensitive Skin

Before using a product, please do a "skin patch test" for skin sensitivity and/or allergy if applicable to you.

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  •  apply small amount on wrist/elbow

  •  cover for 24 hours

  •  if no reaction occurs you may be able to use it

  •  if unsure you may try this on a very small area such as wrist or elbow for 7   days

 

Do not use product if skin rash or irritation occurs. Wash area with soap and water. Keep products out of reach of children when not in use.

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18. Disclaimer of Warranties

Eesha makes no guarantee or warranty, express or implied, concerning the items, products, ingredients, services, information or any other merchantability, merchantable quality or suitability for any specific purpose, delivery or service. The buyer understands that the item is sold accordingly, to the specifications and descriptions agreed upon at the time of sale. Eesha is not liable for any damages, expenses or injuries, misuse or improper handling.

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We cannot guarantee that your use of our our service will be precise or on time. We may cancel, change or remove our service at any time without notice.

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You agree to use the service, or inability to use the service at your own risk. 

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19. Limitation of Liability

Eesha will not be liable for any loss or damages, content, product, service, claim, errors or omissions  whatsoever, including and without limitation, special, indirect, incidental, consequential, punitive, exemplary or any direct damages resulting from any act or omission in any way associated with this agreement including and/or any other. If limitation of liability is not allowed in some states due to exclusion for consequential or incidental damages these states or purview/jurisdictions shall be limited to the maximum extent permitted by law.

 

Eesha without any limitation will not be liable for lost revenues or profits, the cost of replacement, lost savings, claim, loss of data, fees or any other/similar damages in tort (including negligence) which may arise from any services and or any products purchased, gifted or given or procured in any way including third parties.

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20. Events beyond our control

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under this Terms of Serviced(s) that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes but is not limited to:

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  • strikes or other industrial action

  • civic commotion, terrorism or threat of, war or threat or preparation for

  • fire, explosion, adverse weather conditions, subsidence, epidemic or other natural disaster

  • disruption to supplies or delivery method

  • acts of government or regulatory bodies

  • disruption to public or private telecommunications networks

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21. Jurisdiction and governing law

This site and content has been prepared in accordance with the requirements of New Zealand law. These terms and any matters or disputes connected with this site will solely and exclusively be governed by New Zealand laws and will be dealt with exclusively by New Zealand courts.

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22. Loyalty Programme & Rewards Programme

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22.1 Eesha Loyalty and Twism Points Rewards Programme

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All applications for Eesha's Loyalty Programme / membership can be completed on-line, unless otherwise stated by Eesha. Failure to provide any information designated as 'mandatory' will mean you will be ineligible for Membership and the Twism's Rewards Programme. All information provided by you must be true and correct. You agree to keep your details up to date at all times by advising any changes through the Website, or by advising Eesha by email.

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Only one membership is permitted per individual. Eesha reserves the right to accept or reject any application and shall not be required to provide any reason for such acceptance or rejection.

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22.2 Collecting Coins and or any other rewards

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When you sign up to Twism Rewards Programme you will collect Coins and Coupons. This is hosted by a third party. 

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The amount of spend required per Coin and the purchases on which Coins and Coupons can be earned may vary from time to time. You should refer to the website or check with Eesha for an up to date list of qualifying Coins, Coupons, Rewards and or any other.

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Coins do not have any value until they are redeemed for Rewards, and cannot be redeemed for cash.

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22.3Claiming a reward

  • Coins will be accumulated and stored on-line. A Member who has sufficient Coins in his, her, them, theirs Coins record, may request a coupon from the current Coins made available by Eesha and Twism's Rewards Programme. Requests must be made by the member personally. The number of Coins required to claim a reward is subject to change without notice. All Coupons are subject to product availability.

  • Eesha and/or Twism may suspend a member's ability to claim a reward, without notice and for such a period of time as it considers appropriate, if it is considered on reasonable grounds that Coins, Rewards, Coupons and or any other may have been collected by that Member as a result of fraud or by any other means that is deemed not ethical.

 

22.4 Deduction of Coins

The number of Coins for the redemption of Coupon claimed will be deducted from the member's Coins record, with the oldest being deducted first. Eesha may also deduct from the Coins balance in a members coins record.

  • Any Coins recorded in error (including where Coins have been recoded as a result of a Member being involved in fraudulent activities or where Coins have been recorded in a Member's Coins record but there have been no corresponding purchase of qualifying goods and/or services); and

  • Any Coins relating to a transaction that is cancelled or where a refund is given; and

  • Any Coins which are not used by a member to claim a reward

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22.5 Personal Information

If you sign-up for a Twism's Rewards Programme you will be asked to login to access your account via the Website. You agree not to disclose your password to any other person.

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Eesha does not take any responsibility for stolen, loss or theft of Coins, Rewards, Coupons or Vouchers and or any other.

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Your personal information is collected to enable Eesha to provide you with the benefits of Eesha's Loyalty Programme and Twism's Reward Programme. If you do not provide the requested personal information, you will be ineligible for Membership. All personal information provided by you will be held by Eesha, in accordance with its obligations under the Privacy Act 1993 and the Eesha's Privacy Policy and Terms of Service.

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Eesha may provide transactional and personal information for the purpose of Twism Rewards Programme. You have the right to update or correct your personal information, or terminate your Membership by contacting Eesha using the Contact Us tab on the Menu as listed on Eesha's webpage. You may also opt in or opt out of receiving promotional communication from Eesha via the website.

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22.6 General

  • These Terms including (without limitation) on how Coins and Coupons may be accumulated and/or redeemed and on which products and/or product categories, may be amended by Eesha at any time without notice to you. Without limiting the foregoing, Eesha may add or remove products and/or product categories eligible for the collection of Coins, Coupons, Rewards, offer bonus Coins or alter the level of spend required to accumulate Coins, whether temporarily or permanently, at its sole discretion. Current Terms can be viewed on the Website, so it is recommended that you check these periodically. Continuing to use your Membership after changes to the Terms of Service are made is deemed acceptance of those changes.

  • From time to time Eesha may provide Members / non-members with additional offers or promotions in connection with Rewards, Loyalty Rewards, Membership, (‘Promotions’) and or any other. These Terms shall apply to such Promotions in addition to any specific terms accompanying such Promotions. $10 off when you join our Loyalty Programme applies to spend over $10.00. In the event of any inconsistency, the specific terms of the Promotion shall apply.

  • Eesha's Loyalty Program and Twism's Rewards Programme may be terminated at any time without notice to you. In the event the Loyalty Program is terminated, Eesha reserves the right to cancel all Coins, Coupons, Rewards and or any other ("Promotions") accrued by you.

    Eesha (including agents, third parties) excludes all liability (including negligence) for loss or damage; whether direct, indirect, special or consequential, arising in any way out of Eesha's Loyalty Program or Membership and Twism's Reward Programme, including but not limited to, where arising out of: (a) any technical difficulties, network failures, virus or equipment malfunction (whether or not under Eesha's control); (b) any loss, theft, unauthorized access or third party interference with or of Coins, Coupons, Rewards, Promotions and or any other (c) any Coins, Coupons, Rewards, Promotions that are not properly recorded against a member; (d) participation in, or termination of,  Eesha's Loyalty Program or Twism's Reward Programme.

  • You can contact Eesha via the Website.

    We reserve the right to change these terms and conditions / service without notice. By using this site, you agree to be bound by the terms and conditions / service / terms and it is your responsibility that you check to ensure you are aware of the current terms and conditions/ service/ Terms.

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