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Terms and Conditions

Terms and Conditions

Terms and Conditions of Sale

Lotusspa.co.nz, lotusskincare.co.nz, Lotus Spa Water 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. Lotusspa.co.nz, lotusskincare.co.nz and Lotus Day 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. Lotusspa.co.nz, lotusskincare.co.nz and Lotus Day Spa’s terms of use and all subsequent policies administer the use of lotusspa.co.nz, lotusskincare.co.nz and Lotus Day 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. Lotus Day Spa, lotusspa.co.nz, lotusskincare.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.

2. Copyright
All content on lotusspa.co.nz and lotusskincare.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 and lotusskincare.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 those 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, lotusskincare.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 and lotusskincare.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.

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.

14. Language
This contract shall be concluded in English.

 

Privacy Policy

Lotus at Siam.co.nz Ltd. is the sole owner of the information collected in the spa and on the website. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Lotus at Siam.co.nz Ltd. collects information and protects your information as per the Privacy Act 2020.

1. Order Information
Each time you order you must provide contact information (like name and shipping address) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill your orders. If for some reason we have trouble processing an order, this contact information is used to get in touch with you.

2. Notification of Changes
If we decide to change our privacy policy, we will post those changes on our home page, so you are always aware of what information we collect, how we use it, and under which circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify you by email. You can choose whether or not we use your information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

 

Returns Policy

Our returns policy lasts 21 days. If 21 days have gone by since your purchase, unfortunately, we can’t offer you a refund or an exchange.

We do not accept returns, except where the basis of the return is covered by the Consumers Guarantees Act 1993 or Fair Trading Act 1986. Therefore, when you are at the checkout, please take a moment to ensure your order on the Checkout screen is correct before placing your order. Once your order has been submitted, it is too late!

Please contact us on info@lotusspa.co.nz if you want to return a product for reasons that you believe are covered by the Consumer Guarantees Act 1993, or the Fair Trading Act 1986. Here’s what you need to do:

 

1. Returns Procedure
If a skincare product was purchased online or in the Spa, all returns must be requested in writing within 7 days of delivery or collection. Products must be returned to us within 14 days of the written request and in a saleable condition so that we can process the return. Refunds will be processed within 14 days of receiving the goods back. We offer no refunds on gift vouchers purchased or items purchased on sale. If you think you have had a skin reaction from one of the products you purchased, please provide us with a photo of the reaction to info@lotusspa.co.nz within seven days. We will then assess and contact you as soon as applicable.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Refund– if the product returned is in a new, unused and resaleable condition

Exchange/store credit– if the product returned has been lightly sampled, opened, or unwrapped
To be able to return or exchange a product, you must provide a valid proof of purchase (including receipt, e-receipt, Lotus Day Spa account history or gift receipt). Approval for this is at Lotus Day Spa’s discretion, within the relevant laws of NZ. Products must be returned to us within 14 days of the request and in a saleable condition so that we can process the return.

 

Sending it back to us:
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, we reserve the right to charge and deduct for postage handling and card-fees if we agree to a product refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Using a good carton, return package to:
Lotus Day Spa, 9 Ernlea Tce, Cashmere, Christchurch 8022

(NOTE: We do not refund gift vouchers and sales items). Keep a record of your shipment until you have received credit or refund.

 

2. Sale Items
Only regular priced items may be refunded, unfortunately, sale items cannot be refunded.

 

3. Exchanges
We only replace items if they are defective or damaged.  If you need to exchange it for the same item, please email us at info@lotusspa.co.nz. See returns policy for terms and conditions.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Using a good carton, return package to:
Lotus Day Spa, 9 Ernlea Tce, Cashmere, Christchurch 8022

(NOTE: We do not refund gift vouchers and sales items). Keep a record of your shipment until you have received credit or refund.

 

Our Legal Obligations


Consumer Guarantees Act 1993

The Consumer Guarantee Act sets out minimum standards for goods sold by Lotus at Siam.co.nz Ltd. In the event that goods sold are not of good quality or are faulty, the customer has the right to a repair, replacement, or a refund.

Fair Trading Act 1986
The Fair Trading Act is designed to protect the customer being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including pricing; where the product was made; where the product is from; the meeting of New Zealand safety standards; availability of products in store and the sales techniques used. The Commerce Commission enforces the Fair Trading Act 1986.

Privacy Act 2020
We take your privacy seriously and abide strictly to The Privacy Act 2020. The new act introduces greater protections for individuals and some new obligations for businesses and organisations. The changes include the requirement to report serious privacy breaches to the Privacy Commissioner and to affected parties.