If you purchase any products via this website (including through Click & Collect service), you must agree to these Terms of Trade as well as the Terms of Use.
The information contained within this document relates to the Aesop New Zealand online store operated by Aesop New Zealand Limited trading as Aesop (and referred to in this document as Aesop, we, us, our). The Terms of Use, the Terms of Trade, our policies, and Frequently Asked Questions relevant to our other regions can be found in the footer of our international web stores. These can be accessed by selecting the country displayed in the bottom right corner of the home page, choosing your region and country from the list that appears and then clicking on “Terms and Conditions” at the bottom of the home page. Please read these Terms of Trade carefully prior to any purchase as they contain important information including warranty disclaimers and limitations of liability.
Definitions and Application
In these Terms of Trade, ‘you’ means the organisation or individual who is ordering product on this website, ‘website’ means https://www.aesop.com/nz/, and the “Products” means the Aesop products which may be ordered on this website.
These Terms of Trade apply to any purchase of any Products by you from this website and through the Click & Collect service, which are delivered in New Zealand. You accept these Terms of Trade each time you place an order with Aesop for Products. Each order you place will be a separate contract between you and Aesop for the supply of Products.
Shipping costs and deliveries We aim to deliver Products to you at the place of delivery requested by you within the time frame indicated by us at the time of your Order, but we can’t guarantee firm delivery dates or times. Delivery options are set out here, and such delivery information is an indicative estimate only. To the maximum extent permitted under the law, Aesop will not be liable to you for loss you or any third party suffers as a result of any delay to deliver the Products for any reason.
Orders
To submit an order for Products (Order), you must: (a) create an account with Aesop on this website by registering your details and creating an username and password; or (b) provide your details Aesop requires process and manage your order through the online form on the checkout page of this website; and (c)complete and submit the online order.
If you wish to cancel or amend an Order, please contact us. We may be able to cancel or amend an Order that has not already been processed and refund to you any payment in full, but we can't guarantee that we will be able to do so.
Aesop reserves the right to refuse any Order. In such case, Aesop will notify you as soon as reasonably practicable and refund to you any payment in full. If a Product is out of stock following the submission of an Order and payment, Aesop will refund or exchange as set out here.
You acknowledge all Products ordered are for personal non-commercial use and gifting only. They must not be resold in any form or any place. Aesop reserves the right to take legal action against unauthorised and unofficial sale of goods.
Prices and Payment
All prices on the website are in New Zealand dollars and are inclusive of GST. Prices are subject to change without notice. Please check the prices for the Products when submitting your Order.
The amount payable to Aesop for an Order (Order Amount) will be the total of the following amounts: (a). the sum of the price of each Product ordered and included taxes as indicated on the website at the time of submitting the Order; (b) the cost of delivery for the delivery option you have selected as set out here; and (c) the sum of any other fees which Aesop levies from time to time and which you have agreed to pay by providing your electronic consent (e.g. subscription fees).
You must pay the Order Amount using an accepted payment method at the time of submitting the Order. The payment methods accepted by Aesop on this website can be found here. Aesop reserves the right to add or remove payment options at any time in its sole discretion.
Title and Risk
Title to and risk of loss or damage to the Products is transferred from Aesop to you at the time of the delivery of the Products to you.
Consumer Guarantees Act 1993 (“CGA”) and Fair Trading Act 1986 (“FTA”)
To the maximum extent permitted by law and solely to the extent it is fair and reasonable to do so, to the extent you acquire (or hold out to be acquiring) the Products in trade you agree to contract out of the CGA and sections 9, 12A, 13 and 14(1) of the FTA, and our liability is accordingly limited.
Nothing in these terms (particularly the clauses headed “No Warranty”, “Liability” and “Return of Goods”) is intended to limit a consumer’s rights under the CGA or FTA to the extent you are not acquiring the Products for business purposes. Aesop does not provide any express guarantees.
Liability
Without limiting Aesop's legal rights arising from any failure by you to make a payment in accordance with these Terms of Trade, Aesop reserves the right, in its absolute discretion, to take any of the following actions against you if you fail to make such a payment: (a) withhold supply and/or dispose of the Products requested in the Order, and/or (b) refuse to deal further with you, and Aesop will not be liable to you for any loss or damage directly or indirectly resulting from any such action.
Subject to the following "No Warranty" clauses and solely to the fullest extent permitted by law: (a). the Products are sold and information is rendered to you on the understanding that you have sole responsibility for determining the suitability of the Products for the purposes for which you intend to use them; and (b) the liability of Aesop for any loss or damage suffered by you as a result of Aesop breaching its obligations under these Terms of Trade whether in contract, tort (including negligence) or otherwise however caused (including direct, indirect, consequential or special loss or damage, and including arising by reason of defects in the Products) is limited to a refund or replacement of the relevant Products. In no event will Aesop be liable for special, indirect, consequential or punitive damages related to any Product sold.
No Warranty
Subject to the following clauses and to the fullest extent permitted by law, Aesop gives no representation or warranty whether express, implied, statutory or otherwise in respect of the Products, their condition, quality or fitness for any purpose, or in any content on the website and is not liable for any loss or damage however arising as a result of a fault or defect in a Product or for any errors or misstatements in the website.
Refunds and Returns
If you would like to return or exchange a Product, please refer to our Returns Policy.
Force Majeure If Aesop is delayed or hindered in or prevented from performing any of its obligations under any Order by reason of any event or circumstance beyond its reasonable control, Aesop will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
GST Where Aesop makes a Taxable Supply to you under or in connection with these Terms of Trade or in connection with any matter or thing occurring under these Terms of Trade and the consideration otherwise payable for the Taxable Supply does not include GST, Aesop will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from you the amount of any GST on the Taxable Supply.
In these Terms of Trade, 'GST' means the tax payable on Taxable Supplies under the Goods and Services Tax Act 1985 and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax and 'Taxable Supply' has the meaning given to it in the GST legislation.
Aesop Physical Gift Cards A physical Aesop Gift Card entitles the owner to purchase products up to the nominated value at any Aesop Signature Store or from an Aesop online store within the country and currency in which the card was purchased. These terms apply to physical gift cards purchased in New Zealand and in New Zealand dollars only. The value on the card can be used for purchases in whole or in part, and on multiple occasions at said Aesop Signature Stores and Aesop online store in New Zealand. It cannot be replaced, reloaded, exchanged, or redeemed for cash or another gift card. Gift cards are valid for 36 months from the date of purchase. After the expiry date, the card will have a nil balance. To verify available funds at any time, please visit the New Zealand Aesop online at Check gift card balance. Each Aesop Gift Card is linked to a unique Gift Card Number and PIN to ensure its security and integrity, and allow for multiple transactions in store or online. Signature stores are listed at aesop.com/nz/?visitMenu=open.
Aesop Digital Gift Cards An Aesop Digital Gift Card entitles the owner to purchase products up to the nominated value at any Aesop Signature Store or from an Aesop online store within the country and currency in which the card was purchased. These terms apply to digital gift cards purchased from the New Zealand Aesop online store only. The value on the card can be used for purchases in whole or in part, and on multiple occasions at said Aesop Signature Stores and Aesop online store. It cannot be replaced, reloaded, exchanged or redeemed for cash, or transferred to another digital gift card or owner. Aesop Digital Gift Cards are valid for 36 months from the date of purchase. After the expiry date, the card will have a nil balance. To verify available funds at any time, please visit the New Zealand Aesop online at Check gift card balance. Each Aesop Digital Gift Card is linked to a unique Gift Card Number and PIN to ensure its security and integrity, and allow for multiple transactions in store or online.
General
If any provision of these Terms of Trade is found by a court of competent jurisdiction to be invalid, such term shall be severed and the remaining terms shall be unaffected (in this instance the parties shall use reasonable endeavours to negotiate a suitable substitute provision).
Subject to the "No Warranty" section of these Terms of Trade and to the fullest extent permitted by law, these Terms of Trade together with the Order (as accepted by Aesop), the Terms of Use, the Returns Policy and Aesop's Privacy Policy constitute the whole agreement between the parties and supersede all prior discussions and agreements between them.
The law applicable to these Terms and any Orders is the laws of New Zealand and any dispute or claim arising out of or in connection with their interpretation or execution will be subject to the non-exclusive jurisdiction of the New Zealand courts.
Aesop reserves the right at all times to make changes to these Terms of Trade. Any variations to these Terms of Trade will take effect from the date the updated Terms of Trade are made publicly available online. Notwithstanding the foregoing, the Terms of Trade which apply at the time you place an Order are those that govern that Order. These Terms of Trade were last updated on 5 July 2023.