Terms of Service
TERMS & CONDITIONS
Welcome to the Huda Fode Limited website (“Website”), our online store. “Huda Fode Limited” recommends that you read these Terms of Service (“Terms”). By accessing or purchasing products from the Website in any manner (“Services”), including, but not limited to, visiting or browsing the Websites, downloading any mobile applications, registering an account, or contributing content or other materials to the Services, you expressly understand, acknowledge and agree to be bound by these Terms. If you do not agree with them, then you should not use the Services.
1. THE COMPANY:
The Website is owned and operated by “Huda Fode Limited”, referred to as HFL in this document.
Auckland , New Zealand
2. THE TERMS AND ACCEPTANCE OF TERMS
A) This is a Legally-Binding Agreement Between the HFL and You:
B) This Agreement constitutes the exclusive legal basis for any litigation proceeding concerning use of the Website, services provided therein or any other related matter between the user and HFL or any representative thereof.
C) Using the Website or its Services is an indication that you have read, understood and fully accepted all provisions of this Agreement.
D) Any right not expressly granted to you in this Agreement is reserved to HFL.
E) By using the Website, you expressly represent and warrant that you are at least sixteen (16) years old and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company. You also represent and warrant that you own and are authorized to use the credit card and email address submitted by you in conjunction with any purchase or other transaction initiated on the Website.
3. THE PRIVACY POLICY:
By using the Website, you represent and warrant that you have read and understood, and agreed to be bound by, this Agreement and HFL’s Privacy Policy(contained in the Website), which is incorporated into this Agreement by reference. HFL encourages you to frequently check the Privacy Policy for changes.
4. UPDATES AND CHANGES TO THIS AGREEMENT:
We reserve the right to modify the Terms, at any time, in our sole discretion. The revised Terms will be effective on or after the posted date. If we make a material change to the Terms, we will provide you with notice of the revised Terms. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Services, or another manner. If any change to the Terms is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the Terms have changed, HFL will treat your use as acceptance of the updated Terms. Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
5. The Products:
A) Product information is available in our Website. As far as reasonable HFL has provided an accurate description of the products in this Website. However, HFL does not warrant the accuracy, completeness, reliability or currency of such descriptions. All details, descriptions and images of the products listed on the Website are for illustration purpose. Viewing the products on individual device settings may vary inaccurate for other technical reasons, the product colours you see when viewing the Website may not be accurate.
B) All material and information presented by HFL is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through HFL are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from HFL it should be only after the legal or parental guardian has discussed the product with the minor's doctor. All material and information presented by HFL is intended to be used for personal, educational or informational purposes only. All HFL products are vegan, cruelty free and developed for use on all skin types. Ingrediant information is listed on each product page of HFL Website. If you have allergies or have previously had any reaction to the use of any products consult with your doctor before usage.
C) No sale or resale - The products available on the Website, including any samples we may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from HFL. HFL reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by HFL in its sole discretion. Except where prohibited by law, HFL may limit the number of products available for purchase.
6. Prices:
A) You agree to pay for the products according to the price indicated in your shopping cart at the time of purchase, in addition to all applicable taxes and shipping and handling charges.
B) Prices and availability are subject to change without notice. Errors will be corrected where discovered, and HFL reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted). HFL may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same account registered on the Website, credit card, and also orders, which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur.
C) Prices of products may vary between the online store and physical stores.
D) At the time of sales or promotions when a percentage of the regular price is discounted, purchase value will be rounded up to the next cent (applicable currency value).
E) Unless otherwise indicated in your shopping cart at the time of your purchase, all prices are shown in the currency of the country of enquire. Applicable to current currency exchange rates.
7. Orders:
A) Before placing any order through the Website, you may elect to to create an account and provide certain information necessary to process your order, including but not limited to your name, mailing address, billing address, email address, telephone number, and payment information. HFL does not hold any responsibility for loss and/or damage due to an error or inaccuracy in the information as provided by you. If you do not wish to create an account feel free to checkout by choosing the guest option.
B) The maximum order quantity permitted for a single discounted promotional event is 6 pieces and it is contingent on the release date, promotional sale event, availability, and demand.
C) Shipment of the products are subject to the availability of the ordered items in stock. HFL reserves the right to cancel any order, whether in whole or in part and refund all corresponding charges in the event of insufficient stock of your ordered Product.
D) After your order is placed, you will receive an e-mail confirmation that will include a summary of the principal terms and conditions, information about essential characteristics of the products purchased, the price of the purchased Product and the payment method.
E) If an order confirmation has not been received within 24 hours after the order is placed, you should contact us via email at info@hudafode.com or through the Contact Us form on the Website. HFL will not be responsible for delays due to technical issues.
8. Shipping:
A) All orders are processed and shipped between Monday and Friday excluding public holidays
B) Orders placed after the cut-off time (11:00 am NZ) will be processed the following business day.
C) Shipping costs, particularly for international orders, may vary. Your actual shipping costs will be advised during the checkout process.
D) You agree to pay all additional costs resulting from customs clearance charges, import duties, local taxes, and/or any other import fees, HFL will not be responsible and will not bear the costs for any additional charges due to local laws, customs, duties, or any type of local import taxation. It is your sole responsibility to be aware of local laws in your location (and/or the location of the shipping address provided by you) with respect to goods purchased from New Zealand.
9. Returns:
General Return Policy
We hope you enjoy every HFL product you purchase!
A) HFL will provide a replacement product only if the product received is considered to be defective as a result of the manufacturing process or damage during transit. Refer to clause 9b below of the Terms.
B) Any such notification by the purchaser must be received within 7 days of receiving the purchase and notified to HFL by email to info@hudafode.com. HFL will consider the information and evidence provided and decide in regards to providing a replacement product should the purchases claim be deemed genuine. HFL’s decision on this is final. Please note as a matter of our company policy, HFL does not refund or accept returned items.
C) All goods are tracked and tracking numbers will be provided to the purchaser. Shipping costs are non-refundable for undelivered, unclaimed, returned, or refused packages. You will be responsible for all shipping and handling charges, including the original delivery as well as the return shipment.
10. DISCLAIMER AND WARRANTIES:
Neither HFL nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively referred to as “Associates”) warrant that use of the Website will be uninterrupted or error-free. Neither HFL nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Website or the products or services offered for sale. HFL specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by HFL, nor its Associates, shall create a warranty. You expressly agree that the use of the Services is at your sole risk.
11. Assumption of Risk:
You knowingly and freely assume all risks when using the Website and the products. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify HFL and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website or products.
12. Third-Party Websites: AFFILIATES AND LINKS TO THIRD PARTY WEBSITES
HFL does not have control over the content and performance of third-party websites. HFL does not represent, warrant, or endorse any third-party websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available.
13. DISCLAIMERS, LIMITATION OF LIABILITY:
At all times the applicable New Zealand law shall apply to all purchases and transactions with third parties.
No Warranties
HFL and its licensors and suppliers expressly disclaim any warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice.
Limitation of Liability
In no event shall HFL or its licensors or suppliers be liable to you for any claims arising from your use with the products or Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given.