Terms and Conditions

Who we are

Welcome to Sample Bar's website (the "Site"). Sample Bar Limited ("Sample Bar", "we" or "us") has its principal place of business at Level 2, 20 Augustus Terrace, Parnell, 1052, Auckland, New Zealand.  You acknowledge that by clicking on the button marked 'I accept' or by accessing, browsing or using this Site or our Services (wholly or partly) in any way, you agree that you have read, understood and accept to be bound by these Terms and Conditions (the "Terms") and which together with our Privacy Policy govern the relationship between Sample Bar and the User. The Terms apply to both our Site and our Services. The word 'Services' refers to Sample Bar's membership services and/or the online store (as applicable). The word "Users" refers to those individuals ("you", "your") who have either expressed an interest in the Service by joining the waitlist (where a waitlist applies), become Glam Pack members of the Service once a slot has become available or those users who are neither on the waitlist nor Glam Pack members but who shop on the online store. Please read these Terms carefully before using the Services or the Site and print a copy for your records. If you do not agree to these Terms, do not access or use the Services and Site. The Site and Services is only intended for use by people resident in New Zealand and all prices on our Site are in New Zealand Dollars.

Preliminary information

You warrant that you are 18 years and older and that you have not been suspended or removed by Sample Bar for any reason. If you are under 18, you may use the Services or the Site only with the involvement of a parent or guardian.

Rules for the use of the Services or the Site

Your use of the Services and/or the Site is subject to the following terms and conditions: (a) Your use of this Site or the Services must be in compliance with these Terms. You will not use the Services or the Site for any commercial purpose including for the purposes of advertising a website or a product without our prior written consent. (b) You must not (i) post, submit, upload, communicate, transmit or otherwise link onto the Site or the Services any material or display any conduct that may reasonably be deemed by us to infringe on any rights, including but not limited to privacy rights or intellectual property rights of any third party; (iii) promote racism, hatred or physical harm of any kind against any group or individual using the Services or the Site; (iv) impersonate another person or otherwise misrepresent your affiliation with a person, conduct fraud or attempt to hide your identity; (v) encourage or promote material which is obscene, abusive, libellous, untrue, inaccurate or not your own; (vi) interfere in any way with the Services or the Site's network security, create computer viruses or to attempt to use the Site's service to gain unauthorised access to any other computer system; (vii) take any actions designed to impair network access by flooding the Site with useless traffic. (c)You agree that you are solely responsible for your own communications and interactions with other Users of the Site and shall be responsible for the consequences of any unlawful and inappropriate behaviour. (d) Upon signing up for a Sample Bar's waitlist you agree to provide your email address and certain demographic information such as your age, gender, beauty product preferences and interests and give Sample Bar access to this information before using the Service. (e) We reserve the right, but have no obligation, to monitor disputes between you and the other Users and we shall have no liability for your interactions with others Users. Your use of the Site and/or the Services is at all times, entirely at your own risk. If we determine that you are or have been engaged in any prohibited activities, were not respectful of other users, or otherwise violated these Terms or for any other reason as we so determine, we may in our sole discretion deny or restrict your access to all or part of the Site or the Services on a temporary or permanent basis without notice or liability to you. (f) We may also in our sole discretion and without notice or penalty to you revise at any time and for any reason these Terms and the products and services available on or through the Site and the Services. Sample Bar reserves the right to change, suspend or discontinue any aspect of the Site and the Services without liability to you or to any third party. It is your responsibility to review the Terms regularly. Your continued use of the Site and/or the Services after the posting of any changes will constitute your acceptance of the changes. If you do not agree to any change to the Terms then you must immediately stop using the Site and the Services. We may also impose additional terms and conditions to specific products, orders or your use of the Site or the Services, including with respect to ordering, shipping and return of goods purchased through the Site or the Services and to any member loyalty programs (the "Additional Terms"). These Additional Terms shall be incorporated into and form part of the Terms. If there is conflict between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.    

Proprietary rights

You acknowledge that the Site and the Services contains materials that are owned or licensed to Sample Bar. These materials include, but are not limited to, the design, logos, layout, graphics, look and appearance and which are protected by copyright, trademark and/or other proprietary right and laws. You agree not to modify, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within the Site and/or the Services. You may not create a link to this Site and/or our Services from another website or document without the prior written consent of Sample Bar.

Your Content

Content means any information, text or other materials uploaded or appearing as part of the Services or on the Site. You own all Content you contribute to Sample Bar. However, in using the Services or the Site, you grant us a worldwide, irrevocable, perpetual, non-terminable, royalty free license (with the right to sublicense) to use, copy, reproduce, process, create, adapt, modify, publish, transmit, translate, display, broadcast, and distribute such Content in any and in all media or distribution methods (now known or later developed) without any attribution or compensation to you.  You represent and warrant to Sample Bar that you have the full right to grant Sample Bar the right to use your Content in the manner specified above and that you hereby waive all moral rights you may have in your Content.

You also acknowledge that any Content you post (a) may be used by any third party; (b) is not confidential and may be read by anyone; (c) creates no confidential, fiduciary, contractually implied or other relationship between you and Sample Bar other than pursuant to these Terms; and (d) is subject to the grant of rights regarding Content described above.

In the event we invite you to submit comments or ideas about the Site or the Services or where you choose to provide us with these on your own accord, including but not limited to ideas about how to improve our Services or the Site, you agree that any such submissions by you is gratuitous and is subject to these Terms.

Subscription Plans

The one month subscription plan to our Service consists of the payment of an initial charge which is then followed by a period of recurring payments as agreed by you. By purchasing a monthly plan you agree that your subscription has an initial and a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Any purchases of a three, six or twelve month subscription plan, requires you to pay a one-time payment of the full amount of the respective plan on the day we allocate you a membership slot to become a Glam Pack member.

Cancellation Policy

To terminate your monthly subscription plan, please email us at cancellations@samplebar.co.nz. You can cancel your monthly subscription at any time by giving us 15 days notice prior to the first of the month. If, however, you do not cancel your subscription plan within this 15 day window, the cancellation takes effect the following month. There are no fees for cancellation. You can re-subscribe at any time after following your cancellation.

For a three, six or twelve month term subscription, these plans may only be cancelled at the termination of the respective membership period and not during the term of the membership. If you do not cancel your three, six  or twelve month term subscription plan, it will automatically be extended for successive renewal periods of one month, at the then current non-promotional rate. To cancel your subscription, simply log into your Sample Bar account, click Change Card Details and deactivate auto-renew or alternatively, email us at cancellations@samplebar.co.nz and we will do it for you. If you cancel your subscription you may use your subscription until the end of your current subscription term and your subscription will not be renewed after your then current term expires. You agree that upon cancellation, you shall not receive any refund or exchange for any unused time on a subscription or any subscription fees for any portion of the Service. Once you've cancelled any existing reward points will expire automatically.

 Product Information, Limitation on Quantities, No Professional Advice

Sample Bar does not warrant or provide any guarantees as to the accuracy, completeness or reliability of any information, product or materials relating to the Site or the Services. Nor does Sample Bar make any guarantee as to the availability, suitability or quality of any products described on the Site or provided in the Services. You acknowledge that product or other information (for example, including but not limited to product ingredients, instructions on the use of a particular beauty product) found on the Site or provided through the use of the Services is for informational purposes only and shall not in any way and for any reason at any time constitute professional advice of any nature and should not be relied on as such. You acknowledge that the information relating to the Site and/or the Services may at times contain errors and inaccuracies which we may correct without liability to you. We also reserve the right to limit quantities purchased by you and to revise, suspend or terminate an event or promotion at any time without notice.

Placing Orders for Products 

If you decide to purchase a product made available through our Services or the Site and place an order through the Site, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase a product based on these Terms. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that a product has been dispatched. The contract between Sample Bar and you will only be formed when we send you a dispatch confirmation. The contract will relate only to those products whose dispatch we have confirmed in the dispatch confirmation. 

Risk and Title

All products purchased by you from this Site or through our Services will be posted and delivered to you by an independent carrier not affiliated with or controlled by Sample Bar. The risk of loss for such products passes to you when Sample Bar or our supplier delivers these items to the carrier. Title to products purchased on this Site or through our Service passes to you when we receive full payment of all sums due for such products including any shipping and handling charges.

Returns Policy

If you are not satisfied with your full-sized product purchase, you can return it to us in its unopened, unused and original condition within 14 days of the date on the invoice for a full refund upon pre-approval from Sample Bar. After your return is received and inspected, your refund will be processed and credit will be applied to your credit card or your original method of payment. The original shipping and handling fees are non-refundable unless the return is a result of our error. A full refund of the shipping cost will be given in this instance. If you are returning because the item is no longer required or ordered in error, the shipping and handling fee is non-refundable and you may be asked to pay the re-shipping fee.

All products are checked for quality before dispatch and while we try our best to ensure that the product is delivered to you in perfect condition, the product may be damaged in the delivery process. Should this happen you can return the damaged items and we will re-send the product and pay for the return and additional postage charges. In the case where the product is sold out we will offer a full refund.

We do not offer exchanges on full size products. If you wish to make an exchange, please contact us for a pre approval number to return your product within 14 days of your purchase. We will process your refund after the item is received and inspected.  

If you intend to seek a refund or replacement, you must email us on customerservice@samplebar.co.nz (with the title 'Return' in the subject field of your email) or call us on 0800 767 224 to obtain prior approval. Please include the order number and reason for the return.  Return the items to:

Sample Bar Limited
Private Bag 93210
Parnell
Auckland, 1151

Please note that we are not able to refund any opened, used, discontinued, clearance or sales products or free gifts or samples. 

Blog

All images that appear on the Site are copyright of their respective owners. There maybe links to other websites; Sample Bar takes no responsibility for the source and claims no credit for the images unless noted otherwise. Sample Bar operates on the understanding that if we receive any complaints about the use of the content or images they will be removed immediately. To request removal of content or images please email  customerservice@samplebar.co.nz .

Disclaimer

This Site and the Services are provided by Sample Bar on an "as is" and "as available" basis. Sample Bar makes no representations, guarantees or warranties of any kind express or implied, as to the operation of the Services, the Site or the information, content, materials, or products included on this Site. You expressly agree that your use of the Services and/or the Site is at your sole risk. To the fullest extent possible, Sample Bar disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Sample Bar does not warrant that this Site, its servers and the Services provided herein will be uninterrupted, free from errors or defects, viruses or other harmful components. Sample Bar will not be liable for any damage of any kind arising from the use of this Site and/or its Services, including, but not limited to direct, indirect, incidental, punitive and consequential damages. From time to time, this Site may contain links to other third party websites. Sample Bar does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites. We expressly exclude any liability which may arise from your use of or access to those third party websites.

Indemnification

You shall indemnify, defend and hold harmless Sample Bar, its parent, subsidiaries, assigns and their respective officers, employees and agents from any and all claims, liabilities, damages, costs and expenses (including legal fees) which arise directly or indirectly from your use of the Site and/or the Services, any breach by you of these Terms or the Privacy Policy or any breach of any third party intellectual property rights.

Limitation of Liability

Notwithstanding anything else in the Terms, Sample Bar, its parent, subsidiaries, assigns and third party providers shall not under any circumstances be liable to you for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort or arising out of the use or inability to use the Site and/or the Services.  Sample Bar's total liability to you shall be limited to the amount paid by you to us for your membership fees for the membership period during which the event giving rise to the liability occurs. This paragraph applies in respect of all content, information, products and services available on or through this Site and/or the Service.

Severability

If any provision of this agreement becomes invalid or unenforceable, that provision will be deemed deleted from the Terms and such invalidity or unenforceability will not affect the other provisions of the Terms, all of which will remain in full force and effect to the extent permitted by law, subject to any modification made necessary by the deletion of the invalid or unenforceable provision.

Governing law

The Terms shall be governed and construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts in respect of all matters relating to the Terms.