Terms & Conditions

elemisatlotusspa.co.nz, and Lotus Day Spa would like to wish you the very best experience and remind you that we are here to assist in any way we can, should you need it. Please be sure to read the following terms of use which are relevant to all products and services available on our websites and in our Spa. elemisatlotusspa.co.nz and Elemis at Lotus Spa reserve the right to change this or any page without notice. All orders and dealings will be governed by the terms of use active upon the date of said order or dealing. elemisatlotusspa.co.nz and Elemis at Lotus Spa’s terms of use and all subsequent policies administer the use of elemisatlotusspa.co.nz and Elemis at Lotus Spa and represent the agreement between contracting parties. Please note that at all times whilst browsing the website, placing an order, or shopping in our spa, or otherwise utilising our services, you are bound by these conditions. If you are unsure about any of the following, please ensure to contact us prior to placing an order. elemisatlotusspa.co.nz — Elemis at Lotus Spa, Lotus Day Spa, lotusspa.co.nz and Lotus Spa Water are owned and operated by Lotus at Siam.co.nz Ltd (NZBN 9429032585513). The use of this website and the purchase of goods and services in our spa and the following terms are subject to the laws of New Zealand. Any legal action is to be pursued within the exclusive jurisdiction of the New Zealand Courts.

1. Liability

Lotus at Siam.co.nz Ltd is not responsible for any interruption of service or defects that may occur whilst browsing the website, or any subsequent loss of information. You are personally responsible for protecting your computer from viruses or third-party interference. The material displayed on our website is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, Lotus at Siam.co.nz Ltd expressly exclude:

• all conditions, warranties and other terms which might otherwise by implied by statute, common law, or the law of equity;
• any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

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2. Copyright

All content on lotusspa.co.nz and in our spa is the property of Lotus at Siam.co.nz Ltd and is not to be copied, reproduced, or used in any manner without express written consent.

3. Security

Lotus at Siam.co.nz Ltd take every precaution to protect your information, however Lotus at Siam.co.nz Ltd accept no responsibility or liability for any loss of information whilst using its services.

4. Links from Our Sites

Our websites lotusspa.co.nz may contain links to other sites and resources provided by us or by third parties. Such links are provided solely for your use and convenience. The link does not represent any endorsement or recommendation by us and does not mean we have any association with the linked website, and we have no control over the contents of hose sites provided by third parties and accept no responsibility for them for any loss or damage which may arise from your use of them. Where such sites are provided and operated by us you will be bound by our terms and conditions on such sites.

Any relationship you enter with these sites is at your own risk and we strongly suggest you read their terms and conditions and privacy policies.

5. Disclaimers

Lotus at Siam.co.nz Ltd takes every care possible to ensure that product and treatment descriptions, imagery, awards, associated clinical trials and all other information is correct at time of publication on the site. However, though every effort is made to ensure such accuracy Lotus at Siam.co.nz Ltd does not accept responsibility for errors in content. The site will be kept as up to date as possible at all times however if product, treatment, location, results updates have been made since last update on lotusspa.co.nz and Lotus Day Spa some variations may occur in, although not limited to size, price, description, product results, design, packaging, and availability.

Lotus at Siam.co.nz Ltd will do their best to ensure that the websites are available and function correctly at all times, but we make no warranties as to the availability or accessibility of the websites, and we will not be liable for any damages, loss, costs, or expenses incurred by you as a result of any lack of availability or accessibility of the websites.

6. Advice

Information, advice and product recommendations displayed on Lotusspa.co.nz or in Lotus Day Spa is for general purposes only and is not intended to substitute or replace professional advice given to an individual by a skin specialist, physician, or practitioner.

While every effort is made to ensure that the information is accurate and correct, Lotus at Siam.co.nz Ltd cannot be held liable or responsible for any loss or damage arising from its use. Information provided should be used as a guide only and products purchased from these websites and in the spa are sold in good faith.

7. Shipping

Lotus at Siam.co.nz Ltd are not liable for any import duties or customs charges and restrictions your parcel may be subject to. We will endeavour to meet all delivery obligations outlined below; however, we are not legally bound and are not responsible financially or otherwise if these are not met. Lotus at Siam.co.nz Ltd do not accept responsibility for any loss or damage that occurs to parcels within the care of NZ Couriers or DX mail. All delivery times quoted are approximate and should be used as a guide only. We endeavour to process your gift vouchers (electronic or mailed copy) on the purchase date, with electronic vouchers being emailed within 48 hours and mailed gift vouchers being delivered within 5 working days. All delivery times quoted are approximate and should be used as a guide only. We endeavour to pack your order on the purchase date, and depending on the time of day, we aim for overnight delivery. If the purchase is after the daily courier run arrival time, your products will be a two-day delivery with courier pickup on the next available working day. Delivery is free for all product orders within NZ and are sent by NZ Couriers. If you order is placed prior to 11am, we can have your order to you within 3 days (beyond 20kms of Christchurch). If your order is within 20kms of the Spa, we can offer same day delivery (dependent on availability). If your order is made on a Friday or during the weekend, your order will be picked up by courier on the next working day.

8. Pricing

Lotus at Siam.co.nz Ltd retains the right to refuse any order at its discretion, as all orders placed are considered an offer of purchase. Orders may be placed only by individuals of legal age with the capacity to contract. The user agrees to use the purchased items only for the intended purpose; Lotus at Siam.co.nz Ltd are not liable for any loss or damage arising out of misuse Lotus at Siam.co.nz Ltd retain the right to change their pricing without notice. Menu and prices are subject to change and are offered subject to our terms of trade and availability. We offer no refunds on gift vouchers purchased or items purchased on sale.

9. General

Lotus at Siam.co.nz Ltd retain the right to refuse any order at its discretion, as all orders placed are considered an offer of purchase. Orders may be placed only by individuals of legal age with the capacity to contract. The user agrees to use the purchased items only for the intended purpose; Lotus at Siam.co.nz Ltd are not liable for any loss or damage arising out of misuse.

10. Prepayment of treatments

All treatments booked with us require a full prepayment. We require a minimum of 24-hours’ notice from your appointment time to change your appointment. We offer no refunds. If cancelling or changing within the maximum 24-hour change period, as you cannot attend your appointment, there will be no re-booking offered and no refund.

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11. Treatments

As a client of Lotus at Siam.co.nz Ltd, you agree to not have withheld any information that may be relevant to determine how your treatment is carried out. You also acknowledge that Lotus at Siam.co.nz Ltd accepts no liability for any injury or damage as a result of any treatments received. Lotus at Siam.co.nz Ltd accepts no responsibility for the loss of personal possessions in the Spa.

12. Gift Vouchers

Gift vouchers are valid for six months from date of issue. We offer no refunds on gift vouchers purchased. Gift vouchers are non-refundable and non-transferable. We require a minimum of 24- hours’ notice from your appointment time to change your appointment. If we do not receive the relevant notice, your gift voucher will be voided and have no further value. Gift vouchers are non- redeemable for cash or cash refund.

13. Out of Stock

While we do everything, we can to make sure our stock levels are accurate at all times, there may be occasions due to unforeseen circumstances where we are unable to fulfil your order or source a replacement product. If this should occur, we will contact you to arrange a full refund of your purchase. Please note that we cannot offer a backorder or ‘rain check’ facility.

Due to some worldwide shortages with our treatment products, we reserve the right to substitute some products in our treatments.

14. Language

This contract shall be concluded in English.