TERMS OF USE

 TRONQUE WEBSITE TERMS AND CONDITIONS

1. OVERVIEW

These Terms & Conditions (“Terms”) govern your use of the Tronque website, tronque.com, and your purchase of products from Tronque Limited (“Tronque”, “we”, “us”, “our”).

By accessing or using our website or purchasing products from us, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our website.

These Terms apply to purchases made through tronque.com. Depending on your location, mandatory consumer protection laws may provide you with additional rights. Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified.

This website is owned by Tronque Limited (referred to as "we", "our" or "us").  Your use of this website is governed by these terms of use.  By accessing and browsing this website you agree to be bound by these terms of use.  If you wish to purchase any of our products on this website, you will be required to agree to the Terms and Conditions of Sale for those particular products.

2. ELIGIBILITY

You must be at least 18 years old, or have the permission and supervision of a parent or legal guardian, to use this website and purchase products.

By placing an order, you represent that the information you provide is accurate, complete and current.

3. PRODUCTS & SKINCARE DISCLAIMER

Tronque products are cosmetic products intended for external use only.

Our formulations contain active and naturally derived ingredients. Individual skin responses may vary, and some individuals may experience irritation, sensitivity or an allergic response to cosmetic ingredients.

Please:

  • Follow the directions and warnings provided with each product.
  • Conduct a patch test before first use where recommended.
  • Avoid use on broken, irritated or compromised skin unless the product directions state otherwise.
  • Discontinue use if irritation or an unexpected reaction occurs.
  • Seek appropriate medical advice if you experience a significant, persistent or concerning reaction.

Tronque products are cosmetic products and are not intended to diagnose, treat, cure or prevent any disease or medical condition.

Pregnancy, Breastfeeding & Medical Conditions

If you are pregnant or breastfeeding, have a known medical or dermatological condition, have particularly sensitive or reactive skin, are under medical care, or have concerns regarding the suitability of a particular ingredient, please review the individual product ingredients and directions and consult your healthcare professional where appropriate before use.

Product formulations and ingredient information are available on our website and/or product packaging.

Individual results vary according to factors including skin type, condition, age, lifestyle, frequency and consistency of use. Unless expressly stated otherwise, Tronque does not guarantee a particular individual result or timeframe.

4. ORDERS & CONTRACT FORMATION

By placing an order through tronque.com, you are making an offer to purchase the products in your order.

An automated order confirmation acknowledges that we have received your order and does not necessarily constitute acceptance of your order.

Unless applicable law requires otherwise, a binding contract is formed when we confirm acceptance of your order or dispatch the products.

We reserve the right, to the extent permitted by applicable law, to refuse, limit or cancel an order where we reasonably believe:

  • A product or pricing error has occurred.
  • A product is unavailable.
  • Payment has not been authorised.
  • The order may be fraudulent or unauthorised.
  • The order appears to be intended for unauthorised resale.
  • A customer is misusing a promotion, discount, subscription or product guarantee.
  • The order otherwise breaches these Terms.

If we cancel an order after payment has been processed, we will refund the applicable amount to the original payment method, subject to applicable law.

5. PRICING & PAYMENT

Prices are displayed in the currency applicable to your selected market and may include or exclude applicable taxes depending on your location and as indicated at checkout.

We may change product pricing at any time. Any price change will not affect an order already accepted by us, except where permitted by applicable law.

Payment must be made using an approved payment method at checkout.

While we make reasonable efforts to ensure pricing is accurate, errors may occasionally occur. If a material or obvious pricing error is identified, we may contact you before fulfilling the order or cancel and refund the order where permitted by law.

6. SHIPPING & DELIVERY

6.1 Shipping Rates

Current shipping rates and thresholds are displayed on our Shipping & Returns page and/or at checkout.

Unless otherwise stated:

New Zealand & United States: Free shipping on orders over $150
Australia: $10 flat-rate shipping
International: Shipping is available to selected countries, with applicable rates displayed at checkout.

We may update shipping rates, thresholds and available destinations from time to time.

6.2 Processing

Orders are generally processed within 1–2 business days.

Processing and delivery times may be longer during promotional periods, holidays, product launches or other periods of unusually high demand.

All orders must be paid for in full before dispatch unless otherwise agreed.

6.3 Delivery Estimates

Any delivery timeframe provided by Tronque or a shipping provider is an estimate only and is not guaranteed.

Delays may occur due to customs processing, carrier delays, weather, transportation disruption, peak periods or other circumstances outside our reasonable control.

6.4 Tracking

Where tracking is available, tracking information will be provided after dispatch.

6.5 Delivery Address

You are responsible for ensuring the shipping information supplied at checkout is complete and accurate.

If you become aware of an error, please contact us as soon as possible. We will make reasonable efforts to assist, but we cannot guarantee that an address can be changed after an order has been processed or dispatched.

To the extent permitted by law, additional costs reasonably incurred because of incorrect or incomplete delivery information supplied by you may be deducted from a refund or charged to you.

6.6 Risk of Loss

Except where applicable law provides otherwise, risk of loss or damage passes to you when your order is delivered to the delivery address or other location nominated by you.

7. INTERNATIONAL ORDERS, CUSTOMS & DUTIES

International orders may be subject to customs duties, import taxes, tariffs, brokerage charges or other governmental fees imposed by the destination country.

Unless expressly stated otherwise at checkout, these charges are not included in the product or shipping price and are the responsibility of the recipient.

Tronque does not control these charges and cannot guarantee their amount.

Customers are responsible for ensuring that products ordered can lawfully be imported into their destination country.

If an order is refused, abandoned or returned because applicable duties, taxes or import charges have not been paid, or because delivery has been refused, we may deduct from any refund the shipping, return shipping, duties, taxes and other reasonable costs actually incurred by Tronque, to the extent permitted by applicable law.

Nothing in this section limits any mandatory consumer rights.

8. RETURNS, REFUNDS & FAULTY PRODUCTS

8.1 Change of Mind

Because skincare and cosmetic products are personal-use products and product integrity and hygiene are important, except where required by applicable law, we do not accept change-of-mind returns for products that have been opened, used or unsealed.

Where applicable law provides a statutory cooling-off, cancellation or withdrawal right for an online purchase, Tronque will honour that right.

Where permitted by applicable law, opened or unsealed goods that are unsuitable for return for health, hygiene or product-integrity reasons may be excluded from change-of-mind returns.

8.2 Faulty, Damaged or Incorrect Products

We take considerable care in the formulation, production, packaging and delivery of our products. If something is not right with your order, please let us know and we will do everything reasonably possible to remedy the situation.

Please notify us as soon as reasonably practicable after discovering a fault and provide proof of purchase and, where reasonably requested, photographs or other information that enables us to assess the issue.

Depending on the circumstances and your rights under applicable law, an appropriate remedy may include a replacement, refund, repair where appropriate, store credit or another suitable resolution.

We may ask that the affected product be returned to us so that we can investigate the issue, where reasonable and lawful to do so.

Products do not need to be retained in their original packaging where doing so would be unreasonable or where applicable law provides otherwise.

Any timeframes stated in this policy do not limit rights available under applicable consumer law.

Nothing in these Terms limits any right to a refund, replacement, repair or other remedy to which you are legally entitled.

8.3 Natural Product Variations

Tronque formulations contain active and naturally derived ingredients. Slight variations in colour, scent, consistency or appearance may occur between batches.

These natural variations do not necessarily indicate that a product is faulty, defective or less effective.

Where you believe a variation is unusual or may indicate an issue with your product, please contact us and we will be happy to assess it.

9. SCAR CONCENTRATE 90-DAY GUARANTEE

The Scar Concentrate 90-Day Guarantee is a voluntary promotional guarantee offered by Tronque in addition to, and not in substitution for, any statutory consumer rights.

The guarantee applies only to eligible purchases made directly through tronque.com.

To make a claim, you must:

  • Have purchased Scar Concentrate directly from tronque.com.
  • Have used the product consistently and according to its directions.
  • Contact us within 90 days of the qualifying purchase.
  • Provide valid proof of purchase.
  • Provide any additional reasonable information requested to verify the claim.
  • Return the remaining product if reasonably requested by Tronque.

Unless otherwise stated:

  • The guarantee applies to a customer's first qualifying purchase only.
  • A maximum of two units per household may qualify.
  • Only one claim may be made per customer/household.
  • The guarantee does not apply to products purchased from third-party retailers.
  • Refunds are limited to the purchase price paid for the eligible Scar Concentrate product.
  • Original and return shipping charges are not refundable except where required by law.

We reserve the right to refuse claims where we reasonably believe there has been fraud, misuse or abuse of the guarantee.

Nothing in this guarantee affects your statutory rights in relation to a product that is faulty, damaged, misdescribed or otherwise fails to comply with applicable consumer law.

10. SUBSCRIPTIONS & RECURRING BILLING

Where you purchase a product on a subscription basis, you authorise Tronque and its payment providers to charge your nominated payment method automatically at the recurring interval disclosed to you when you subscribe.

Before confirming a subscription, the applicable product price, billing frequency, subscription discount (if any), minimum commitment and other material subscription conditions will be disclosed to you.

Unless otherwise stated at the time of purchase:

  • Subscriptions have a minimum commitment of two billing cycles.
  • After completing the minimum commitment, you may cancel your subscription.
  • Cancellation should be completed at least 48 hours before the next scheduled billing date to avoid the next order being processed.
  • Once an order has entered processing or has been charged, we may be unable to cancel that particular shipment.

You may manage your subscription using the account or subscription management functionality provided on our website or by contacting us.

Where required by applicable law, we will provide an easy online cancellation method and any required renewal, reminder or price-change notices.

You are responsible for maintaining accurate payment and delivery information.

We may suspend or pause a subscription if payment fails or if the subscribed product becomes unavailable.

We may change subscription pricing or discounts from time to time. Where a change affects an existing subscription, we will provide advance notice where required by law and obtain any further consent required by applicable law.

Nothing in this section limits any cancellation or subscription rights provided by applicable law.

11. INTELLECTUAL PROPERTY

Unless otherwise stated, all material appearing on tronque.com, including trademarks, trade names, product names, product formulations as protectable, copy, photographs, graphics, video, artwork, website design and other content, is owned by or licensed to Tronque and is protected by applicable intellectual property laws.

You may use the website for personal, non-commercial purposes.

Without our prior written permission, you may not reproduce, republish, distribute, modify, sell, commercially exploit or otherwise use our intellectual property except as expressly permitted by law.

Nothing in these Terms grants you any right or licence to use the TRONQUE name, trademarks, logos or other brand assets.

12. USER-GENERATED CONTENT & SOCIAL MEDIA

We love seeing how our community uses Tronque.

However, simply tagging, mentioning or using a Tronque hashtag on social media does not, by itself, grant Tronque an unrestricted licence to commercially use your content.

Where you submit photographs, videos, testimonials, reviews or other content directly to Tronque for publication, or expressly give us permission to use content you have posted elsewhere, you grant Tronque a non-exclusive, worldwide, royalty-free licence to reproduce, display, publish, adapt and use that content for the purposes communicated to you, including Tronque's website, social media, email, digital advertising and other marketing channels.

You represent that you own or otherwise have the necessary rights to grant us permission to use the content and that our authorised use will not infringe the rights of another person.

Where reasonably practicable, we may credit the creator, but we are not obliged to do so unless agreed.

13. ACCEPTABLE USE

You must not use our website:

  • For any unlawful or fraudulent purpose.
  • To interfere with the security, operation or functionality of the website.
  • To introduce viruses, malware or other harmful material.
  • To attempt to gain unauthorised access to our website, systems or customer information.
  • To scrape, crawl, harvest or systematically extract website content or data without our prior written consent.
  • To impersonate another person.
  • To infringe Tronque's or another person's intellectual property or other rights.
  • To facilitate unauthorised resale or other commercial exploitation of Tronque products or content.

To the extent permitted by law, we may restrict or terminate access to the website where we reasonably believe these Terms have been breached.

14. WEBSITE INFORMATION & PRODUCT PRESENTATION

We make reasonable efforts to ensure that product descriptions, ingredients, imagery, pricing and other information displayed on our website are accurate and current.

However, packaging, presentation and product appearance may occasionally change, and colours displayed on a screen may differ from the physical product depending on your device and display settings.

We may correct typographical, technical or other inadvertent errors and update website information where appropriate, subject to applicable law.

Nothing in this section permits Tronque to materially misdescribe a product or limits any consumer rights relating to misleading, inaccurate or non-compliant product information.

15. THIRD-PARTY WEBSITES & SERVICES

Our website may contain links to or integrate with third-party websites, payment providers, subscription platforms, social media services or other external services.

These third parties may have their own terms and privacy practices.

To the extent permitted by law, Tronque is not responsible for the content, availability, security or practices of third-party websites or services that are outside our control.

The inclusion of a link does not necessarily constitute Tronque's endorsement of that third party.

16. PRIVACY & COOKIES

We collect, use, store and disclose personal information in accordance with our Privacy Policy and applicable privacy and data-protection laws.

Depending on your location, these may include the New Zealand Privacy Act 2020, the General Data Protection Regulation and applicable United States privacy laws, including relevant California privacy legislation.

Where required, our use of cookies and similar technologies is addressed in our Cookie Policy or cookie consent mechanism.

Please review our Privacy Policy for further information about how your personal information is handled and the rights that may be available to you.

17. LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or liability that cannot lawfully be excluded, restricted or modified.

To the maximum extent permitted by applicable law, Tronque will not be liable for indirect, incidental, special or consequential loss arising from your use of the website or products.

Tronque is not responsible for loss arising from use of a product contrary to its directions or warnings, misuse of a product, use for a purpose for which it was not intended, or circumstances outside Tronque's reasonable control, except to the extent such liability cannot lawfully be excluded.

Where liability can lawfully be limited, Tronque's aggregate liability arising from a particular product purchase will be limited to the amount paid for the relevant product.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability that cannot be excluded under applicable consumer protection legislation.

18. CONSUMER RIGHTS & WARRANTIES

Our products come with rights and guarantees that may be provided by the consumer protection laws of the country in which you live.

Nothing in these Terms is intended to exclude, restrict or modify those rights where doing so would be unlawful.

Depending on your location, applicable legislation may include the New Zealand Consumer Guarantees Act 1993, Australian Consumer Law, UK Consumer Rights Act 2015 and other applicable consumer protection legislation in the United States, Canada, European Union and other markets.

Where there is an inconsistency between these Terms and a mandatory consumer protection law, the mandatory law will apply to the extent of that inconsistency.

19. PROMOTIONS, DISCOUNTS & OFFERS

Unless otherwise stated in the specific promotion:

  • Promotional codes and discounts cannot be combined.
  • Promotions apply only during the stated promotional period.
  • Promotions have no cash value.
  • Discounts cannot ordinarily be applied retrospectively to previous purchases.
  • Promotional offers may be subject to product, customer, territory or quantity restrictions.
  • Gift-with-purchase offers are subject to availability.

We may modify, suspend or withdraw a promotion where reasonably necessary, subject to any rights already acquired by customers and applicable law.

We reserve the right to refuse or cancel a promotional benefit where we reasonably believe there has been fraud, manipulation, multiple-account abuse or other misuse of an offer.

20. UNAUTHORISED RESALE

Products purchased through tronque.com are intended for personal use unless Tronque has expressly authorised otherwise in writing.

You may not purchase products for unauthorised commercial resale, redistribution or export.

We reserve the right to limit quantities or refuse orders where we reasonably believe products are being purchased for unauthorised resale or distribution.

21. FORCE MAJEURE & EVENTS OUTSIDE OUR CONTROL

To the extent permitted by law, Tronque will not be responsible for a delay or failure to perform an obligation caused by circumstances outside our reasonable control.

These may include natural disasters, severe weather, transportation or carrier disruption, customs delays, industrial action, governmental action, war, civil disturbance, public-health emergencies, interruption of telecommunications or payment systems, or other comparable events outside our reasonable control.

This section does not affect rights or remedies that cannot be excluded under applicable consumer law.

22. GOVERNING LAW

These Terms are governed by the laws of New Zealand.

However, if you are a consumer residing in another jurisdiction, you may also be entitled to the protection of mandatory consumer laws applicable in your country or state of residence.

Nothing in this section is intended to deprive you of protections that cannot lawfully be excluded by choosing New Zealand law.

23. CHANGES TO THESE TERMS

We may amend these Terms from time to time, including to reflect changes to our business, website, products, services or legal and regulatory requirements.

The version published on our website will state the date it was last updated.

Changes will apply prospectively from their effective date and will not retrospectively alter an order or other contractual commitment already accepted by Tronque unless permitted by applicable law.

Where required by law, we will provide additional notice or obtain consent before a material change takes effect.

24. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary, and the remaining provisions will continue in effect to the extent permitted by law.

25. CONTACT

If you have any questions about these Terms, your order or a Tronque product, please contact us:

TRONQUE
Email: hello@tronque.com

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