Terms of service
Last updated: 12 July 2026
OVERVIEW
This website is operated by The Basic Company Limited (NZBN 9429047024007), trading as The Whitening Co ("TWC", "we", "us", "our"). Throughout this site, "we", "us" and "our" refer to TWC. We offer this website, including all information, tools, and Services available on it, to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms of Service ("Terms"), including any additional terms, conditions, and policies referenced here or by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, contributors of content, wholesale trade customers, and studio clients.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree, you may not access the website or use any Services.
Any new features or tools added to the store are also subject to these Terms. You can review the current version at any time on this page. We reserve the right to update these Terms by posting changes to our website. It is your responsibility to check this page periodically. Continued use of the site after changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., who provide the e-commerce platform enabling us to sell our products and Services to you.
If you attend an in-studio treatment at our Ponsonby Road studio, your booking and treatment are also subject to a separate treatment consent and studio terms, provided and held via our booking platform, Fresha, at the time of booking. Where there is any conflict between these Terms and that studio consent documentation in relation to an in-studio treatment specifically, the studio consent documentation applies.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least 18 years of age (the age of majority in New Zealand), or that you have the consent of a parent or guardian to use the site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate any New Zealand law (including without limitation copyright law).
You must not transmit any worms, viruses, or code of a destructive nature.
A breach of these Terms will result in immediate termination of your access to the Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any lawful reason at any time.
You understand that your content (not including payment information) may be transferred unencrypted and may involve (a) transmission over various networks, and (b) changes to conform to technical requirements of connecting networks or devices. Payment information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to it, without our express written permission.
Headings used in these Terms are for convenience only and do not limit or affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete, or current. Material on this site is provided for general information only and should not be relied on as the sole basis for a decision. Any reliance on material on this site is at your own risk. Nothing in this section limits any right or remedy available to you under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the site's contents at any time, without obligation to update information.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice, provided that the price charged to you for an order already placed will not change.
We reserve the right to modify or discontinue the Service, or any part of it, without notice at any time.
We are not liable to you or any third party for modification, price change, suspension, or discontinuance of the Service, except as required by law.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online and may have limited quantities. Returns and exchanges are subject to our Refund Policy: /policies/refund-policy
We make every effort to display product colours and images accurately, but cannot guarantee your device's display will be accurate.
We reserve the right, but are not obliged, to limit sales of our products or Services to any person, geographic region, or jurisdiction, on a case-by-case basis, and to limit quantities offered. Product descriptions and pricing are subject to change at any time. We reserve the right to discontinue any product at any time. Any offer made on this site is void where prohibited by law.
Nothing in this section excludes, restricts, or modifies any guarantee, right, or remedy conferred on you under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot lawfully be excluded, restricted, or modified.
SECTION 5A - WHOLESALE AND TRADE CUSTOMERS
Where you purchase products from us for resupply, resale, or other business purposes (rather than personal, domestic, or household use) — for example as a pharmacy, clinic, salon, or other trade partner — you acknowledge that the goods are being acquired for business purposes. Consistent with section 43(2) of the Consumer Guarantees Act 1993, you and TWC may agree that the Consumer Guarantees Act does not apply to that supply, and any such supply will instead be governed by a separate wholesale or trade agreement between you and TWC, which will set out applicable warranties, order terms, and remedies. Where no separate trade agreement is in place, these Terms apply to the extent they are not inconsistent with the parties' course of dealing as a trade relationship.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order, and to limit or cancel quantities purchased per person, household, or order, including where we reasonably suspect an order is being placed by a dealer, reseller, or distributor without a trade arrangement in place. Where we change or cancel an order, we will attempt to notify you using the contact details provided at checkout.
You agree to provide current, complete, and accurate account and purchase information, and to promptly update it, including your email address and payment details, so we can complete your transactions and contact you as needed.
For more details, see our Refund Policy: /policies/refund-policy
SECTION 7 - SUBSCRIPTIONS
Certain products may be purchased on a recurring subscription basis. Subscriptions are managed through our subscription platform, Recharge. By subscribing, you authorise us to charge your nominated payment method automatically at the interval you select, until you cancel.
You may manage, pause, skip, or cancel your subscription at any time through your account portal, subject to our Purchase Options Cancellation Policy: /policies/subscription-policy. If a scheduled payment fails, we may retry the charge, pause the subscription, or contact you to update your payment details.
Nothing in this section limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 in relation to subscription products.
SECTION 8 - OPTIONAL TOOLS
We may give you access to third-party tools that we neither monitor nor control. You acknowledge that such tools are provided "as is" and "as available," without warranty of any kind, and we have no liability arising from your use of them. Use of optional third-party tools is at your own risk, and you should review the relevant third party's own terms.
We may offer new Services or features in future, which will also be subject to these Terms.
SECTION 9 - THIRD-PARTY LINKS
Content, products, and Services available through the Service may include third-party materials. Third-party links may direct you to sites not affiliated with us. We are not responsible for the content, accuracy, or practices of third-party sites, and are not liable for any harm arising from your use of third-party goods or Services. Review third-party policies before transacting with them.
SECTION 10 - PROMOTIONS AND COMPETITIONS
From time to time we may run promotions, competitions, giveaways, or gamified offers (for example, spin-to-win mechanics) on the Site. Any such promotion is subject to these Terms as well as its own specific terms and conditions, published at the time of the promotion, which will govern in the event of any inconsistency with these Terms for that promotion.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us comments, suggestions, reviews, or other submissions, whether requested or not, you agree that we may edit, copy, publish, distribute, and otherwise use them in any medium without restriction or compensation to you, and we are under no obligation to keep them confidential or to respond to them.
We may, but are not obliged to, monitor, edit, or remove content we consider unlawful, offensive, or in breach of these Terms.
You agree your comments will not infringe any third party's rights, and will not be unlawful, defamatory, or otherwise objectionable, or contain viruses or malware. You are solely responsible for your comments.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy: /policies/privacy-policy
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
The site or Service may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct these and to change or cancel orders affected by inaccurate information, including after an order has been submitted, and will notify you if this affects your order.
We are under no obligation to update or amend information on the site except as required by law.
SECTION 14 - PROHIBITED USES
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit unlawful acts; (c) to violate any New Zealand law, regulation, or local bylaw; (d) to infringe our intellectual property or that of others; (e) to harass, abuse, defame, or discriminate against any person; (f) to submit false or misleading information; (g) to upload viruses or malicious code; (h) to collect or track others' personal information without consent; (i) to spam, phish, or scrape the site; (j) for any obscene or unlawful purpose; or (k) to circumvent the security features of the Service. We may terminate your access for any breach of this section.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free, or that results obtained through the Service will be accurate or reliable. We may withdraw or suspend the Service at any time without notice.
To the maximum extent permitted by law, and subject always to the paragraph below, the Service and all products and Services delivered through it are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by law, TWC, our directors, officers, employees, affiliates, agents, and suppliers will not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Service, including lost profits or lost data, even if advised of the possibility of such damages.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other New Zealand legislation that cannot lawfully be excluded, restricted, or modified, including in relation to products supplied for personal, domestic, or household use, or (where applicable) any liability for personal injury caused by our negligence in providing in-studio treatment services.
Where you are a trade customer purchasing for business purposes under Section 5A, the parties' agreement as to the exclusion or limitation of the Consumer Guarantees Act 1993 under that section applies in place of the guarantees described in this paragraph.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TWC and our parent, subsidiaries, affiliates, officers, directors, agents, contractors, licensors, service providers, and employees from any claim or demand, including reasonable legal costs, made by any third party arising from your breach of these Terms or your violation of any law or third-party right.
SECTION 17 - SEVERABILITY
If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder will be severed without affecting the validity of the rest of these Terms.
SECTION 18 - TERMINATION
Obligations and liabilities incurred prior to termination survive termination of these Terms. These Terms remain effective until terminated by either you or us. You may terminate at any time by ceasing to use our Services. We may terminate or suspend your access at any time, without notice, if we reasonably believe you have breached these Terms, and you will remain liable for all amounts due up to the date of termination.
SECTION 19 - ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with any policies or operating rules posted on this site, constitute the entire agreement between you and us regarding the Service, superseding any prior agreements or communications. Ambiguities in these Terms will not be construed against the drafting party.
SECTION 20 - GOVERNING LAW AND JURISDICTION
These Terms and any separate agreement under which we provide you Services are governed by the laws of New Zealand. You and TWC submit to the exclusive jurisdiction of the courts of New Zealand for any dispute arising out of or relating to these Terms or the Service.
SECTION 21 - CHANGES TO THESE TERMS
We may update these Terms at our discretion by posting changes to our website. It is your responsibility to check this page periodically. Continued use of the site or Service after changes are posted constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about these Terms should be sent via the contact form on our website, or in writing to:
The Basic Company Limited, trading as The Whitening Co
4 Ponsonby Road, Grey Lynn, Auckland 1011, New Zealand
NZBN: 9429047024007