Terms of service

These terms apply when you visit our website or purchase products from us. Please read them before placing an order.

In these terms, Mendi, we, us and our mean Mendi Limited, trading as Mendi. You and your mean the person using our website or purchasing from us.

Our website is hosted by Shopify, which provides the ecommerce platform we use to sell our products.

1. Accepting these terms

By using our website, creating an account or placing an order, you agree to these terms and any policies referred to in them, including our Privacy Policy, Shipping Policy and Returns and Refunds Policy.

If you do not agree to these terms, please do not use the website or place an order.

You must be legally capable of entering into a contract to place an order. If you are under 18, you should only place an order with the involvement and permission of a parent or legal guardian.

2. New Zealand consumer rights

Nothing in these terms limits or excludes any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot lawfully be limited or excluded.

Our products come with guarantees that cannot be excluded under New Zealand consumer law, including guarantees relating to acceptable quality, fitness for purpose and correspondence with description.

If you are acquiring products from us for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, provided it is fair and reasonable for the parties to contract out of that Act in the circumstances. This paragraph does not apply to purchases made for personal, domestic or household use.

3. Website use

You may use our website only for lawful purposes. You must not:

  • use the website in a way that breaches any law or infringes another person’s rights;

  • introduce viruses, malicious code or other harmful material;

  • attempt to gain unauthorised access to the website, its systems or another person’s account;

  • scrape, copy or reproduce a material part of the website for a commercial purpose without our written permission;

  • submit false, fraudulent or misleading information; or

  • interfere with the security or operation of the website.

We may suspend or restrict access to the website where reasonably necessary to protect Mendi, our customers or our systems, or where we reasonably believe these terms have been breached.

4. Product information

We take reasonable care to ensure our product descriptions, photographs, ingredients, sizes and other information are accurate. Colours and packaging may appear differently depending on your screen, and we may update packaging without changing the product itself.

Product information on our website is general information only. Our skincare products are not intended to diagnose, treat, cure or prevent a medical condition. Individual skin responses and results vary, and we do not guarantee a particular cosmetic result.

Always read and follow the product label and directions. Unless the label states otherwise, Mendi skincare products are for external use only. Avoid direct contact with eyes, do not ingest, and keep products out of reach of children. Stop using a product if irritation or another unexpected reaction occurs. Seek appropriate medical advice if you have concerns about a skin condition, injury, infection, allergy or reaction.

These statements do not limit our obligations under New Zealand consumer law.

5. Prices and payment

Unless stated otherwise:

  • prices are in New Zealand dollars;

  • prices include GST, where applicable; and

  • delivery charges are additional and will be shown at checkout before you confirm your order.

We may change prices or promotions at any time, but a change will not affect an order we have already accepted.

You must pay for your order using one of the payment methods offered at checkout. Payments may be processed by third-party payment providers and will also be subject to the provider’s applicable terms and privacy practices.

Discount codes and promotional offers are subject to any specific conditions stated with the promotion. Unless we say otherwise, offers cannot be combined, exchanged for cash or applied retrospectively.

6. Orders and order acceptance

When you submit an order, you are offering to purchase the products in your cart on these terms. An automated order confirmation acknowledges that we have received your order; it does not necessarily mean we have accepted it.

A binding contract is formed when we confirm that your order has been accepted or dispatch the order, whichever occurs first.

We may decline or cancel an order before dispatch where reasonably necessary, including where:

  • a product is unavailable;

  • there is an obvious pricing, description or system error;

  • payment is declined or cannot be verified;

  • we reasonably suspect fraud, unauthorised activity or resale activity;

  • an order exceeds a stated purchase limit; or

  • we cannot deliver to the address provided.

If we cancel an order after payment has been taken, we will notify you and refund the amount paid for the cancelled item or order using the original payment method. We will not cancel an accepted order merely because we later decide to increase the price.

We may limit the number of products purchased per person, household, account, payment method or order where this is reasonably necessary for stock management, promotions or preventing unauthorised resale.

7. Product availability and pre-orders

Products are subject to availability. Adding a product to your cart does not reserve it.

If a product is offered for pre-order, we will identify it as a pre-order and provide the expected dispatch period. That period is an estimate and may change. If there is a material delay, we will contact you and provide the options required by law, which may include continuing with the order or cancelling it for a refund.

8. Delivery

We deliver to the locations shown at checkout. Delivery costs and available delivery methods will be displayed before you place your order.

Any delivery timeframe we provide is an estimate unless we expressly agree to a specific delivery date. We will take reasonable steps to deliver within the stated timeframe and will comply with our obligations under the Consumer Guarantees Act 1993.

You are responsible for checking that the delivery name and address are complete and correct before submitting your order. Contact us promptly if you notice an error. We cannot guarantee that an address can be changed after an order has been processed or dispatched.

If a parcel is lost, damaged or materially delayed, contact us at hello@mendibody.com so we can investigate and provide any remedy required by law. Further delivery information is set out in our Shipping Policy.

9. Returns, refunds and damaged or faulty products

Your rights in relation to faulty, damaged, unsafe, incorrectly described or otherwise non-compliant products are protected by the Consumer Guarantees Act 1993 and other applicable law.

If you believe a product is faulty, damaged or incorrect, contact us at hello@mendibody.com with your order number and, where reasonably possible, photographs showing the issue. We may ask you to return the product so we can assess it. Where you are entitled to a remedy under New Zealand law, we will cover reasonable return costs.

We do not accept returns or provide refunds or exchanges because you have changed your mind. This does not affect your rights under the Consumer Guarantees Act 1993 or any other applicable law.

Please see our Returns and Refunds Policy for more information about reporting a problem and requesting a remedy.

10. Accounts and information you provide

If you create an account, you are responsible for keeping your login details confidential and for activity carried out through your account. Tell us promptly if you believe your account has been accessed without permission.

You agree to provide current, complete and accurate order, billing, delivery and contact information. We are not responsible for a delivery failure caused by inaccurate information you supplied, except to the extent that responsibility cannot lawfully be excluded.

11. Reviews, comments and submitted content

If you submit a review, photograph, comment or other content to us, you confirm that:

  • you created it or have permission to submit it;

  • it is accurate and not misleading;

  • it does not infringe another person’s intellectual property, privacy or other rights; and

  • it is not unlawful, defamatory, abusive or harmful.

You retain ownership of your content. You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, publish and display it for purposes reasonably connected with operating, promoting and improving Mendi and our products.

This licence continues for content already used in published materials, but you may ask us to stop future use by contacting us. We will consider and action that request where reasonably practicable and legally required.

We may moderate or remove submitted content where we reasonably believe it breaches these terms or the law. We are not required to publish every review or submission.

12. Intellectual property

Unless otherwise stated, the website and its content—including the Mendi name, logos, product names, copy, graphics, photographs, video, designs and website layout—are owned by or licensed to us and are protected by intellectual property laws.

You may view and use the website for your personal, non-commercial use. You may not reproduce, modify, distribute, sell or commercially exploit our content without our prior written permission, except where permitted by law.

13. Third-party services and links

Our website may contain links to, or integrate with, third-party services such as Shopify, payment providers, delivery providers, review platforms and social media sites. We do not control third-party websites and are not responsible for their content, availability or practices.

Your use of a third-party service may be governed by that provider’s own terms and privacy policy. Nothing in this section limits any responsibility we have under applicable law for providers acting on our behalf.

14. Privacy and electronic marketing

We collect, use, store and disclose personal information in accordance with our Privacy Policy and the Privacy Act 2020.

If you opt in to receive marketing emails or text messages, you may unsubscribe at any time using the unsubscribe facility in the message or by contacting us. Consent to marketing is not a condition of purchase. Transactional messages relating to an order, account or customer-service request are not marketing messages.

15. Website availability and errors

We aim to keep the website accurate, secure and available, but we do not guarantee that it will always operate without interruption or error. We may maintain, update, suspend or discontinue all or part of the website where reasonably necessary.

If we identify an error in product information, availability, price, delivery charges or an order, we may correct it. If the error materially affects an order you have placed, we will contact you and provide the options and remedies required by law.

16. Liability

To the fullest extent permitted by law, we are not liable for loss that:

  • was not reasonably foreseeable when the relevant contract was formed;

  • results from your misuse of a product or failure to follow its label or directions;

  • results from inaccurate information or an incorrect address supplied by you; or

  • relates to business loss, including lost profits, revenue or opportunity, where you purchased the product for personal, domestic or household use.

We are not responsible for delay or failure caused by events outside our reasonable control, but we will take reasonable steps to minimise the effect and will provide any remedy required by law.

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability arising under the Consumer Guarantees Act 1993 or Fair Trading Act 1986, or liability for fraud, wilful misconduct or personal injury caused by our negligence where that liability cannot lawfully be limited.

17. Changes to these terms

We may update these terms from time to time by publishing the revised version on our website. The updated terms will apply from the stated effective date.

The terms in effect when we accept an order will continue to govern that order unless a change is required by law or you agree otherwise.

18. Severability and waiver

If any part of these terms is found to be unlawful, invalid or unenforceable, that part will be treated as modified to the minimum extent necessary or, if modification is not possible, severed. The remaining terms will continue to apply.

If we do not immediately enforce a provision of these terms, that does not mean we waive our right to enforce it later.

19. Governing law

These terms are governed by New Zealand law. You and we submit to the non-exclusive jurisdiction of the New Zealand courts.

If you are a consumer living outside New Zealand, you may also have mandatory rights under the laws of your country that these terms cannot exclude.

20. Contact us

Questions, complaints and notices relating to these terms or an order can be sent to:

Mendi
Legal entity: Mendi Limited
Email: hello@mendibody.com
Physical address: Suite 1144, Unit A, Level G, 26 Hobson Street, Auckland, New Zealand
NZBN: 9429053230348

We will try to respond within a reasonable timeframe.