By The Lily Pond > Terms & Conditions

Terms & Conditions

Last Update: 15 May 2020

What We Do

Terms of Trade

Processing Your Order

Shipping and Handling

Prices

Sales, Promotions and Promo Codes

Purchasing and Accounts

Methods of Payment

Customer Service

Complaints

Returns and Refunds

General

Unopened / Unused Products

Damaged Items

Faulty Product

Missing Orders

Cancelling Orders

Order Discrepancies (e.g., wrong product received)

Privacy Policy

Disclaimers

Intellectual Property

Website Security

Blog, Comments, Discussion and Reviews

 

By accessing and using the By The Lily Pond website in any way, you agree to the following Terms & Conditions. We reserve the right to change these Terms & Conditions at any time and without notice. No person under the age of 18 may make purchases via this website. The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.

 

What We Do

By The Lily Pond produces hand-crafted natural/organic skincare products and sells these on a variety of markets (primarily in the North Canterbury area) and via our website (https://www.bythelilypond.co.nz/).

In all our activities, we commit to the best of our abilities to a business ethos guided by social and environmental responsibility and sustainability. All our products are vegetarian, and most are vegan. (If they are not, it is because they contain beeswax.) Neither we, nor our immediate suppliers, test on animals. Our packaging is either recyclable, compostable or reusable.

As our product is hand-crafted in small batches and contains natural ingredients, you may notice small differences between batches. This is normal and a sign of our commitment to simplicity and purity.

Please note: We are not licensed to sell food or make claims about the therapeutic nature of our products or their ingredients. Our products are for cosmetic use only and information provided in product descriptions are for educational purposes only.

 

Terms of Trade

All our products are sold by item, even if pictures show several items of the product.

Solid moisturisers are sold in eco-friendly kraft paper bags. If multiple solid moisturiser “bars” of the same kind are bought, they will be packaged together in one bag. By “same kind”, we mean products made from the exact same ingredients. This means that different shapes or sizes of the same kind may be packaged together in one bag. Products made from different ingredients will be packaged in separate bags. Each bag will have a tag attached that includes information on the product inside, including a full list of ingredients and important information about the product, such as specific cautions that may apply, batch numbers and best before dates.

If you wish to receive multiple items of the same kind in separate bags, please clearly express this in a note in the text box at checkout. If in doubt, contact us separately as well to ensure we package items correctly for you.

Non-solid moisturisers are packaged in glass jars with plastic lids and plastic wadding. Kraft-paper stickers on the jars indicate the product name, active ingredients, batch numbers and best before dates. In addition, each jar has a tag attached that includes information on the product inside, including a full list of ingredients and important information about the product, such as specific cautions that may apply.

 

Processing Your Order

All orders are hand packaged in secure and eco-friendly packaging. While we endeavour to complete orders immediately, please appreciate that we are a very small operation. Therefore, please allow up to 3 business days (i.e., Monday to Friday, excepting public holidays, from 9 am to 5 pm) between receipt of your order and it being sent. You will receive email confirmation at both times, that is, one when your order has been received and one when it has been dispatched.

Orders received during the weekend or on a New Zealand public holiday will be processed the following business day at the earliest. We also reserve the right to take business breaks (e.g., in relation to public or private holidays). These will, to the best of our ability, be advertised in advance on our website and via social media.

Orders are sent via NZ Post or NZ Courier Post, and you can expect your order to arrive within 1 – 5 working days, depending on the delivery location.

 

Shipping and Handling

We only ship within New Zealand/Aotearoa. Unfortunately, we are unable to ship outside New Zealand/Aotearoa.

Our products are shipped via NZ Post or NZ Courier Post. Shipping within New Zealand is at flat rates of NZD 6.00 per order (no signature required), NZD 7.50 per order (signature required) or NZD 10.00 per order (rural delivery). We reserve the right to request payment of additional freight costs for bulk orders that exceed our capacity to ship the order in one “normal” package (e.g., above 3 kg or requiring larger packaging). We will contact you (the customer) if this is necessary, and it will be up to you to either pay the additional cost or cancel the order.

Freight costs to outer islands and North Island PO Boxes may incur additional shipping cost, as freight to these places can be very expensive. We prefer that you contact us in advance of ordering to discuss. Alternatively, we will contact you if additional charges are necessary, and it will be up to you to either pay the additional cost or cancel the order.

We strongly recommend that you select shipping with “signature required” (excl. rural delivery). If you choose to receive your order without a signature, this may affect our ability to offer a remedy should your order fail to arrive.

Your order should take no more than two days to arrive, depending on where you live. Rural delivery takes an additional 2-3 days to be delivered and the RD contractors are not obligated to obtain a signature. By The Lily Pond is not responsible for orders that are not signed for.

 

Prices

We may offer discounted prices at our market stalls. Online prices are as stated on the website. Different prices that may be stated elsewhere (e.g., Facebook) are superseded by prices stated on our website except in the case of promotions or special promo codes issued. Prices are subject to change without notice. Special offers are subject to additional terms and conditions as stated, including (but not limited to) start and end dates, minimum purchases, specified products or product categories etc.

All prices are in $NZ (NZD) and include GST.

 

Sales, Promotions and Promo Codes

From time to time, we may offer discounted prices via sales, promotions or promo codes. All promotions are only available for shipment within New Zealand, as we do not offer international shipping. Discounts are applied to product purchases only and do not apply to shipping fees, which are added to the discounted product total at checkout. Discounts do not apply to Miss Lily’s Splendid Gift Certificates. Promotions are subject to terms and conditions as stated in their descriptions, including (but not limited to) start and end dates. Dates and times stated are in New Zealand Standard Time or New Zealand Daylight Time, as applicable at the time of the promotion.

 

Purchasing and Accounts

There is no requirement to register your details and create an account in order to make a purchase from the By The Lily Pond website, although if you do, it may save you time the next time you shop with us and you will have access to additional features of our site as well as special promotions. We currently do not send any unsolicited communications (e.g., newsletters, promotions) to registered account holders unless for purposes stated in our terms and conditions. Should this change, we will contact you once to provide you with an opt-in or opt-out option for further communications.

If you do choose to register for an account, our system will securely store your details and automatically recall them each time you login in to the site, making your shopping experience with us much more efficient.

Please note that, while our website is accessible 24 hours a day, our availability by phone is 9 am to 5 pm Monday to Friday (except public holidays), although we cannot guarantee that we will be reachable immediately at all times even within these hours, as we do not operate a physical store outside market appearances. Please leave a clear message, including your phone number and suitable times to call, and we will return your call as soon as possible.

We do not operate a physical shop, so browsing in person is not an option outside our market appearances. Please check our website for upcoming market dates and locations.

 

Methods of Payment

Payment is required before purchased items are shipped. We currently accept payment by Visa or Mastercard credit cards. These options are available at the website checkout.

Your credit card details are used solely for the purpose of fulfilling your orders. The system is such that no one at By The Lily Pond ever sees your entire credit card details.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card details in a secure environment.

 

Customer Service

Providing excellent customer service is very important to us and we hope to make the experience of dealing with By The Lily Pond hassle free and pleasant. However, please appreciate that we are a very small operation and that delays can occur as a result, both in responding to enquiries and in completing orders.

We normally expect to respond to phone, email, social media or web enquiries within 24 hours.

We normally expect to dispatch orders within 1 to 3 business days. If we expect a significant delay, we will make our best efforts to contact you to advise you of it and discuss possible options for remediation.

 

Complaints

If you have any concerns about our products or service, we want to hear from you. Please either call us on 021 108 0425, use the contact form on our website (https://bythelilypond.co.nz/contact/) or email lily@bythelilypond.co.nz.

We will, of course, do our best to avoid dispute. However, should a dispute arise, we will take appropriate steps to initiate negotiation or mediation, in order to arrive at a fair outcome for all parties.

 

Returns and Refunds

If you are unhappy with your order, please contact us as soon as possible. We will do our best to rectify the situation.

 

General

Please contact us before returning your item(s) to arrange the refund or exchange, and to obtain our physical address to return items to.

Any refunds may need to occur via direct bank transfer rather than reversal of a credit-card payment.

 

Unopened / Unused Products

If you wish to return unopened items for any reason, we will refund the price you paid for the product, as long as it is returned within 7 days of the date of delivery. No claims are acknowledged after 7 days have passed since delivery.

Unless there is a problem with the product, we can only refund unopened items (i.e., the anti-tamper strip on a jar is intact or, in the case of solid moisturisers, the bag is unopened). Returned items must be unused and in saleable condition.

Without exception, we will not accept returns on open and/or used items, unless the product is proven to be faulty. Please do not use items that you believe to have been incorrectly delivered, as this may void our ability to exchange or replace the items.

If unopened product is returned where there is no fault, we will deduct shipping costs from the refund. Please note that the actual packaging and freight costs paid for the order will be deducted from the refund, not the flat rate you were charged. Costs incurred returning items to us are carried by you, the customer.

 

Damaged Items

If an item arrives damaged, please make a claim by emailing lily@bythelilypond.co.nz within 48 hours of receiving your order, as we need to lodge an insurance claim in a timely manner. Please include any relevant photos with your enquiry showing the condition in which the package or product arrived. This will help us investigate and in making our claim with the courier if applicable.

 

Faulty Product

In the unlikely case that our product proves to be faulty after you opened it, we will refund the price of the product and the shipping cost we charged you. We reserve the right to request photos of the fault or, in some cases, that you return the item to us, so we can investigate further. In such cases, we will carry the cost of shipping the item back to us.

Please note that within our obligations under the Consumer Guarantees Act we do not offer product refunds or exchanges for change of mind or dislike of texture or fragrance of a product after it has been opened.

 

Missing Orders

We dispatch orders using only reputable couriers with strict delivery policies and schedules. Nevertheless, shipments do sometimes go missing with couriers. If your order does not arrive within a reasonable timeframe of your receiving our notification of it having been shipped, please contact us so we can follow up with NZ Post.

 

Cancelling Orders

Orders cannot be cancelled after they have been shipped. However, you are welcome to return them to us for a refund of the cost of the product minus shipping costs (see above under “Unopened / Unused Products”).

If an order has been packed but not yet shipped, it can still be cancelled. However, a 20% restocking fee applies to the refund in such cases.

 

Order Discrepancies (e.g., wrong product received)

If there are any discrepancies with your order, or if you have been delivered the wrong item(s), please contact us at lily@bythelilypond.co.nz within 7 working days of your order being delivered to enquire about any necessary corrections. Product discrepancies not notified to By The Lily Pond within 7 working days may not be eligible for replacement and will be at our discretion. Incorrectly delivered items that are being returned for a refund or exchange need to be unopened and in saleable condition. Please do not use items that you believe have been incorrectly delivered as this may void our ability to exchange or replace the items. In the case of wrongly delivered items that are returned to us unopened and in saleable condition, we will refund the cost of the item(s) that are returned, all or part of the shipping costs you paid for the initial order (depending on whether all or part of the order is returned) and the cost of returning the item(s) to us.

 

Privacy Policy

We respect your privacy and never sell, distribute or share your information with any third party. We collect and keep your information strictly confidential. Please see our Privacy Policy at https://bythelilypond.co.nz/privacy-policy/.

 

Disclaimers

The information provided on our website is for educational purposes only, and individuals must exercise their own judgement in determining its appropriateness for a particular purpose or use. By The Lily Pond shall not be responsible for any damages resulting from use of or reliance upon this information.

By The Lily Pond makes no claim of a therapeutic or medical value of our products (or its ingredients) or their ability to cure or prevent any health condition. Our products and any information about their ingredients are not intended to substitute medical advice or treatment.

By The Lily Pond products are made with natural and naturally derived ingredients, which nevertheless can cause sensitivity or irritation. Some people may find they have sensitivities to a substance, be it natural or chemical, therefore we always provide the complete list of ingredients with each of our products. It is the user’s responsibility to read the ingredient lists and cautions carefully and make decisions about using our products accordingly.  

We recommend that people with sensitive skin, allergies or any other health problems perform a patch test before commencing regular use of a new product to ensure there is no reaction. Discontinue if irritation occurs. If in doubt, consult a physician or other appropriate medical practitioner.

As the ordinary or otherwise use(s) of products is outside the control of By The Lily Pond, no representation or warranty, expressed or implied, is made as to the effect(s) of such use(s), (including damage or injury), or the results obtained. By The Lily Pond expressly disclaims responsibility as to the ordinary or otherwise use(s). The liability of By The Lily Pond is limited to the value of the goods and does not include any consequential losses.

We are very picky in choosing our suppliers and only use those that are highly reputable and who, to the best of our knowledge, provide the highest-quality ingredients. However, in using ingredients, we must trust our suppliers to ensure the quality and purity of individual ingredients, as well as their status as certified organic, fair-trade etc. We normally only buy from suppliers who have relevant certifications (e.g., BioGro) to ensure their credentials.

We research the information we provide on the By The Lily Pond website to the best of our abilities. However, we do not conduct primary research, and therefore must rely on secondary sources for our information. We always attempt to verify all information we pass on, but we cannot be held responsible for its accuracy. Further, while we vet comments and reviews before making them visible publicly to ensure they meet our policies (see below under “Blog, Comments, Discussion and Reviews”), we are not responsible for any claims made on our website by third parties via comments, forums, reviews and other such ways. By The Lily Pond shall not be liable for any errors in the content presented on its website, or for any actions taken in reliance thereon. Users of our products are solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties.

If you have any questions or concerns, please contact us!

 

Intellectual Property

All our products, branding as well as imagery contained on the By The Lily Pond website is the intellectual property of By The Lily Pond, unless explicitly stated otherwise. All rights are reserved.

Any and all of the content presented on the By The Lily Pond website is, unless explicitly stated otherwise, subject to a copyright held by By The Lily Pond. It is permissible to link to content from this site as long as the original source is clearly stated, but the wholesale reproduction or partial modification of content is not permitted. Exceptions are granted only if you receive prior written consent from By The Lily Pond.

 

Website Security

100% online security is paramount to us at By The Lily Pond and we understand just how important it is to you. This is why we have made your security our primary concern.

All information that you provide us with is encrypted and transmitted via 128 bit SSL (Secure Socket Layer).

SSL is the system used by all legitimate shopping sites worldwide.

You will know that your details are being safeguarded by looking for the padlock or unbroken key that will appear in your browser whenever you visit our website pages. SSL is the industry standard for the transmission of credit card details. Your information is encrypted using a complex mathematical algorithm before being sent over the internet.

The authenticity of this site has been established by Let’s Encrypt and you are welcome to view our certificate information by double clicking on the padlock or unbroken key that appears in your browser.

 

Blog, Comments, Discussion and Reviews

We want to be more than simply an online shop. We want to provide a place of community and be part of the wider online community interested in sustainable living, natural skincare and related topics. We want to hear from you, engage with you, hear your suggestions, recommendations, reviews and draw on your knowledge, so we can provide the best products in the best way we can under our No Compromise ethos. Therefore, our website includes several ways for you to post comments or reviews, and most importantly participate in discussion with us and each other.

While we invite you to share your opinions, your posts must not be used to distribute spam messages, post commercial advertisements, or spread links to malicious or dangerous websites. We also ask for consideration with each other, that users refrain from potentially offensive language, and that posts be relevant to the topics at hand.

Users of any of the comments sections on the By The Lily Pond website, except for placement of a product review, must have registered for an account. Anonymous posting is not allowed. We do retain the right to vet all contributions before they are publicly visible, and thus moderate any comment or written content submitted to the By The Lily Pond website and to remove any content we deem to have violated our policies.

We commit to making all reviews of our products, favourable or otherwise, publicly visible as long as they do not violate any of the above stated conditions.

We cannot guarantee either the accuracy of information provided by users of our website nor the safety of any external links posted. By The Lily Pond, as well as its owners, affiliates, and contributing authors can therefore not be held responsible for any problems or damage that occurs as a result of making use of material contained on our site.