Policies | Myscar.

Terms and conditions

Introduction

This website (www.myscar.co.nz) is owned and administered by myscar. Limited.

myscar. is a specialist retailer of caesarean silicone strips and other silicone strips. myscar. silicone strips offer the golden solution to people wanting to improve the appearance of their scars.

We have provided this website for your use, subject to the terms and conditions listed below. Please read these carefully. By using our website, you agree to be bound by these terms and conditions.

We reserve the right to amend these terms and conditions at any time, we therefore recommend that you review these terms and conditions each time you visit the website.

These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and you submit to the non-exclusive jurisdiction of the Courts of New Zealand. If at any time we do not enforce any of these terms and conditions or grant you time or other indulgence, we will not be construed as having waived that term or condition or our rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

If you have any questions or concerns in relation to the website or these terms and conditions please contact us.

Users outside New Zealand: Our website is operated by us from New Zealand. The information on our website may not be appropriate or available for use in other jurisdictions. If you choose to access our website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

Website Use

When you place an order on our website, you are making an offer to buy the goods and/or services. When you place an order you will be required to provide details to enable us to fulfil and delivery the order to you.

Our privacy policy is found here.

Product information

We have made every effort to display the products featured as accurately as possible. The equipment you use to view our website may impact on the display of our products. We do not guarantee that the colour, texture or detail of the product shown on your screen will accurately reflect the actual product.

Measurements provided on our website are approximate only. Please check myscar. instructions and/or packing to ensure the product is appropriate.

The website is provided for our customers to buy, or find out more about our products and services. Products displayed may not be available to purchase through our website.

We reserve the right to limit quantities or limit the number of products customers can purchase in a single transaction.

Intellectual Property

The design and content contained within our website is intellectual property which is either owned or licensed by myscar. The website is intended solely for your personal non-commercial use. Any use of our website and its content for purposes other than personal non-commercial use is prohibited without our prior written permission.

You may not systematically extract and/or utilise parts of the content of our website and in particular, you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (either once or many times) without our prior written permission. You may not create and/or publish your own database that features content on this website (e.g. our prices and product listings) without our prior written permission.

Each of the various trademarks, product names, company names and corporate identities represented on our website are the property of the individual companies, used by us with their permission, and are not to be reproduced or used without the express permission of its owner.

Pricing

Prices are displayed in New Zealand dollars, inclusive of goods and services tax (GST). We have made every effort to provide accurate pricing information on our website. In the event of a pricing error on our website, we reserve the right to cancel any orders placed on our online store.

Stock availability

Products displayed on our website are subject to availability in our online store. We have made every effort to provide accurate stock availability information on our website, however, we do not guarantee that if a product is classified as being "in stock" that stock will be available to purchase online.

Returns

Please visit our FAQs page to read our returns policy.

Secure shopping

myscar. is committed to providing you with a safe and secure shopping experience. All payments completed via our website are encrypted to protect our customers.

Liability

We have made every reasonable effort to ensure the accuracy of information provided on our website, however, errors and omissions may occur. myscar. does not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this website and any other website linked to this website. You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.

myscar. makes no representations or warranties of any kind, express or implied as to the operation of this site or the accuracy of information, content, materials or products included on this site, except as otherwise provided under applicable New Zealand law.

myscar. reserves the right to change any aspect of the website at any time without notice.

myscar. does not guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release myscar. entirely of all responsibility for any consequences of its use.

Limitation of liability

To the maximum extent permitted by law:

we exclude all warranties, descriptions, representations or conditions in relation to the goods and/or services provided by us implied by law, trade, custom or otherwise;
where goods are advertised with reference to photograph(s) we will endeavour to deliver the corresponding goods, however, we do not warrant that the goods we deliver to you will be identical to those displayed in the photograph(s);
our liability for any claim, damages, loss or expense related to the supply by use of goods or services is limited to the cost paid by you for such good or services;
we will not be liable, whether in contract, tort (including negligence) or otherwise for any indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity.

Third party use

For your convenience we have provided links to third party websites. myscar. is not responsible for the condition or content of those sites. myscar. makes no representation or warranties of any kind as to the operation (including privacy and security) or accuracy of information or content on third party websites.

You access those websites and/or use the site's products and services solely at your own risk. myscar. is not liable for any loss or damage arising from your use of these websites.

Terms of sale

In addition to the above General Website Terms and Conditions, the following terms and conditions of sale apply to all purchases by you through our website. By completing a purchase order you are stating that you agree to be bound by all of these terms and conditions.

Acceptance of Orders: Dispatch of orders is subject to stock availability and you will be advised if a product is unavailable. To the maximum extent permitted by law, we will not be liable to any person if we decline to fulfil, or are unable to fulfil, an order.

Prices: We will charge you the retail price shown on the website at the time you submit your order. You may also be charged additional delivery fees.

Payment: You may pay online by MasterCard, Visa, Amex. Payment can also be arranged for direct bank transfer.

Delivery

We currently supply to New Zealand, Australian, United States of America, United Kingdom, and Japanese addresses as standard. We can consider supplying to other countries. Please get in touch here.

Please ensure the delivery address and receiver’s name for your order is accurate and complete (including any business name if shipping to a work address) as we may be unable to change these details once the order has been placed. We will not take responsibility for any orders that go missing due to incorrect delivery information provided by you. We will endeavour to deliver goods on the agreed delivery dates but, to the maximum extent permitted by law we will not be held liable for late delivery.

Deliveries are sent with signature required for New Zealand deliveries only. Someone will need to be at the delivery point to sign for the order. For international deliveries whether deliveries are signature required or not depends on our delivery partners in those countries and we are unable to amend a delivery one way or the other.

Order cancellation

Once your order is confirmed we are unable to change or cancel any aspects of your order. Please carefully check your order details before completing payment of the order. In order to protect our customers and services, we reserve the right to cancel orders or request other methods of payment for orders received.

Consumer Guarantees Act

Nothing in these terms and conditions will limit or affect your rights as a consumer under the Consumer Guarantees Act 1993 to the extent that such limitation or other contracting out is prohibited by that Act.

General

We reserve the right to remove, suspend or make changes to our website at any time, without prior notice.

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

Retention of Title and PPSA

We will retain ownership, and title to, all myscar. products purchased until you make payment in full. In the meantime, you will ensure that all myscar. products are stored in a way that clearly identifies the products as our property.

You acknowledge that until full payment is made for the products, you will retain possession of them solely as our bailee. You will hold the proceeds of sale of all products that have not yet been paid for in trust for us.

You agree that we, our agents, and our employees may (on written notice) enter onto any premises you own or control for the purpose of inspecting and or repossessing any products not paid for in full.

You hereby grant us a security interest over the products to secure your obligations to us under these terms. If you use or make use of the products in such a way that they are mixed with other products or goods, used up in the process of making other products or goods or become an unidentifiable part of new and different products or goods, we will be given ownership of such products or goods to secure your obligations to us under these terms and conditions. You acknowledge that these terms constitute a security agreement for the purposes of the Personal Property Securities Act 1999 (“PPSA”) or any similar laws in any other jurisdiction, and you will provide us with any information we require to register a financing statement pursuant to the PPSA. Both parties contract out of sections 114(1)(a), 133 and 134 of the PPSA, and you waive any rights listed under sections 107(2) of the PPSA, and any right to receive a copy of the verification statement pursuant to section 148 of the PPSA.

You agree that you will be responsible for all costs, including legal costs on a solicitor/client basis, incurred by myscar. in recovering any outstanding or unpaid accounts.

Privacy Policy

Introduction

myscar. (we, us, our) complies with the New Zealand Privacy Act 2020 (Act) when dealing with personal information. Personal information is information about an identifiable individual (a natural person). This policy sets out how we will collect, use, disclose and protect your personal information.

This policy does not limit or exclude any of your rights under the Act. If you wish to seek further information on the Act, see www.privacy.org.nz.

Changes to this policy

We may change this policy by uploading a revised policy onto the website. The change will apply from the date that we upload the revised policy.

Who do we collect your personal information from and how

We collect personal information about you and you consent to providing to us/us obtaining your personal information from:

you, when you provide that personal information to us, including via the website and any related service, through any registration or subscription process, through any contact with us (e.g. telephone call or email), when you buy or use our services and products,
third parties where you have authorised this or the information is publicly available or sometimes through your social media accounts such as Facebook, Instagram, Twitter, Pinterest, Tik Tok, Snapchat and Google Plus which you use entirely optionally. All such third party services are governed by the privacy policies and/or practices of those services providers, for which we are not responsible. If you do not wish to provide your personal information to any of those third parties, or make information publicly available, you should not use their particular service.

If possible, we will collect personal information from you directly.

Please do not provide us with personal information about other individuals, unless you have obtained the consent of the individual to do so. By providing personal information relating to a third party, you warrant that you are authorised to do so and that you have ensured the individual is aware of the information in this Privacy Policy.

How we use your personal information

We will use your personal information:

to verify your identity
to provide services and products to you
to market our services and products to you, including contacting you electronically (e.g. by text or email for this purpose)
to improve the services and products that we provide to you
to bill you and to collect money that you owe us, including authorising and processing credit card transactions
to respond to communications from you, including a complaint
to conduct research and statistical analysis (on an anonymised basis)
to protect and/or enforce our legal rights and interests, including defending any claim
for any other purpose authorised by you or the Act.

Disclosing your personal information

We may disclose your personal information to:

another company within our group
any business that supports our services and products, including any person that hosts or maintains any underlying IT system or data centre that we use to provide the website or other services and products
other third parties (for anonymised statistical information)
a person who can require us to supply your personal information (e.g. a regulatory authority)
any other person authorised by the Act or another law (e.g. a law enforcement agency)
any other person authorised by you.

A business that supports our services and products may be located outside New Zealand. This may mean your personal information is held and processed outside New Zealand.

Protecting your personal information

We will take reasonable steps to keep your personal information safe from loss, unauthorised activity, or other misuse.

Accessing and correcting your personal information

Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.

In respect of a request for correction, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

If you want to exercise either of the above rights, email us at info@myscar.co.nz. Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information, or the correction, that you are requesting).

We may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.

Wix

Our store is hosted on Wix.com. They provide us with the online e-commerce platform that allows us to sell our products to you.

Your Personal Information collected through this website is disclosed to Wix and stored in Wix's data storage, databases and the general Wix application. They store your Personal Information in compliance with industry standards.

Wix also collects your Personal Information for the purposes set out in their Privacy Statement. You can view their Privacy Statement here: https://www.wix.com/about/privacy. In summary, this information is collected when you access our online store, place a product order, or sign up for an account with us. Personal Information collected by Wix is used to provide us with their e-commerce services, such as processing orders, authenticating and processing payments, screening for fraudulent transactions, improving the services Wix offers.

Wix may also share your Personal Information with third parties where it is necessary to prevent or take action against illegal activity, where you have violated Wix’s Terms of Service, where it is necessary to comply with any legal obligations, or where we have authorised the transfer of your Personal Information to other third parties (such as payment gateways). For full details, please review the Wix Privacy Statement here: https://www.wix.com/about/privacy

For more insight, you may also want to read Wix's Terms of Service found here: https://www.wix.com/about/terms-of-use.

Other third party services

We use other third-party service providers to facilitate your payment for an order, to deliver the products you order to you and to send many of our marketing communications.

In general, the third-party providers used by us will only collect, use and disclose your personal information to the extent necessary to allow them to perform the services they provide to us.

We may transfer (or authorise Wix to transfer) your personal information to other third party services providers (such as those described in the other sections of this Privacy Policy) to perform services on our behalf, to process the personal information on our behalf, or to hold it on our behalf.

These third parties may be based outside of New Zealand and may be based in countries without privacy laws as comprehensive as in your country of residence. If you are resident within the EU, these countries may not have an adequacy decision made in relation to them by the European Commission.

If you elect to proceed with a transaction using our online store and this website, then your personal information may become subject to the laws of the jurisdiction(s) in which the third party or its facilities are located.

We will not authorise any of these other third parties to use your personal information for their own purposes, except where it is necessary for the third party to enforce its legal rights, or to comply with its legal obligations.

Once you leave this website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. You should review their privacy policy when you are on their website.

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Disclosure to third parties

In addition to our disclosures made to third party services providers in the course of our business with you, we may also disclose your personal information for the following purposes:

To enforce our Terms of Service.
Where required by law such as to comply with a subpoena or similar legal process.
When we believe on reasonable grounds that disclosure is necessary to protect our property, legal rights, your safety or the safety of others.
In order for us, or other authorised agencies (such as credit card and payment facility providers) to detect, investigate, prevent or address fraud, security or technical issues.
To respond to a government request to which we are obliged by law to respond, or where the Privacy Act permits us to respond.
To carry out the matters described in the section below, headed How Do We Manage Your Personal Information?
To any third party with your prior consent.

Internet use

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you follow a link on our website to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.

We use cookies (an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) to monitor your use of the website. By browsing our store and using our website, you agree to the placement of cookies on your device. A cookie is a small data file stored on a device with a web browser (such as a computer or iPad). It can contain information about your device, your IP address, your session, and the online activity on the website of anyone using your device. You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features of the website.

We use Google Analytics, operated by Google Inc, to help us analyse the use of our website. Google Analytics uses cookies to generate information about your use of our website (such as your IP address, transaction IDs and email hash), which is pseudonymised and stored on Google servers within the United States of America. Google will only use this information for the purposes of evaluating your use of our website, compiling activity reports for us, and carrying out associated website activity and internet usage services.

You can opt out of targeted advertising by using the links below:

Facebook:https://www.facebook.com/settings/?tab=adsGoogle:https://www.google.com/settings/ads/anonymousBing:https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.