Terms of service

Last updated: 10 September 2026

OVERVIEW

Welcome to Mermaid’s Secret.

Mermaid’s Secret is an ocean-inspired skincare and haircare brand, created for life in and out of the water. We operate this website to offer a considered, secure, and transparent shopping experience.

The terms “we”, “us” and “our” refer to Mermaid’s Secret. Mermaid’s Secret operates this store and website, including all related information, content, features, tools, products and services (the “Services”), in order to provide you, the customer, with a curated shopping experience. Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using any part of the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 - ACCESS, ACCOUNT & ELIGIBILITY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, and you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We take care to provide an accurate representation of our products and services in our online stores. However, colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Mermaid’s Secret reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until Mermaid’s Secret confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Mermaid’s Secret may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.

Your purchases are subject to our Refund Policy and applicable consumer protection laws. Nothing in these Terms or our Refund Policy limits or excludes any rights or remedies that cannot lawfully be limited or excluded.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be set out in your order confirmation email.

Any applicable product price, taxes, shipping charges and other charges will be displayed at checkout. Destination-specific information concerning shipping fees, duties and taxes is provided in our Shipping Policy.

Prices posted in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may offer promotions on the Services from time to time that affect pricing and are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorised to use the credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

We may offer alternative payment methods such as Afterpay where available. If you select Afterpay at checkout, you will be redirected to Afterpay to complete your purchase. Your agreement with Afterpay is subject to Afterpay’s own terms and conditions, and we are not responsible for any fees, penalties, interest or charges imposed by Afterpay.

Afterpay is available to eligible customers only and may not be available in all regions.

SECTION 5 - SHIPPING AND DELIVERY

Delivery timeframes are estimates and may be affected by carrier delays, customs processing or events outside our reasonable control.

We remain responsible for meeting our obligations relating to delivery under applicable law. Nothing in these Terms transfers to you any risk or responsibility that cannot lawfully be transferred.

If your parcel is delayed or appears lost, please contact us so that we can investigate the matter and work with the carrier to resolve it. Further information about delivery timeframes, tracking, shipping charges, duties and taxes is available in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Mermaid’s Secret, its affiliates or licensors and are protected by applicable patent, copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property of Mermaid’s Secret, Shopify or any third party. Unauthorised use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Mermaid’s Secret.

Mermaid’s Secret’s names, logos, product and service names, designs and slogans are trademarks of Mermaid’s Secret or its affiliates or licensors. You must not use such trademarks without the prior written permission of Mermaid’s Secret.

Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools, except to the extent that liability cannot lawfully be excluded.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources or content on third-party websites, except to the extent that liability cannot lawfully be excluded.

Please carefully review the third party’s policies and practices and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Mermaid’s Secret is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Mermaid’s Secret.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Mermaid’s Secret, including any injury, damage or loss resulting from purchased products and services.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related to your purchases and transactions with Mermaid’s Secret.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside in order to provide services to you.

Please review our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content collectively referred to as “Feedback”, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.

We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback complies with these Terms.

We are under no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of a third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for the Feedback you provide and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or a third party, except to the extent required by applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

Subject to applicable law, we reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate, including after you have submitted your order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable international, national, regional or local law, regulation or rule; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit, or procure the sending of, advertising or promotional material, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Mermaid’s Secret, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or other malicious code that will or may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet.

Subject to applicable law, we reserve the right to suspend, disable or terminate your account if we determine that you have violated any part of these Terms.

SECTION 14 - TERMINATION

Subject to applicable law, we may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion. You will remain liable for amounts properly due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property; Feedback; Termination; Disclaimer of Warranties; Limitation of Liability; Indemnification; Severability; Waiver and Entire Agreement; Assignment; Governing Law; Privacy Policy; and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

Nothing in these Terms excludes, restricts or modifies any rights, guarantees, warranties or remedies that cannot lawfully be excluded, restricted or modified, including applicable rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.

Subject to those rights, the information presented on or through the Services is made available for general information purposes. We do not warrant its accuracy, completeness or usefulness. Any reliance you place on such information is at your own risk.

Except as expressly stated by Mermaid’s Secret or required by applicable law, the Services and products offered through the Services are provided “as is” and “as available”, without representations, warranties or conditions of any kind, whether express or implied.

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

SECTION 16 - LIMITATION OF LIABILITY

Nothing in this section excludes or limits liability to the extent that it cannot lawfully be excluded or limited, including liability arising under applicable consumer protection laws.

To the fullest extent permitted by applicable law, Mermaid’s Secret, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify and its affiliates, shall not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Services or products purchased through the Services.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, even if advised of their possibility.

SECTION 17 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Mermaid’s Secret, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable legal fees payable to a third party, arising from: (1) your breach of these Terms of Service or documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your unlawful access to or use of the Services.

We will notify you of an indemnifiable claim. A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defence and settlement of such a claim at our expense or as otherwise permitted by applicable law, including the choice of counsel. We will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You will reasonably cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 18 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party, except where applicable law requires otherwise.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment made in breach of this section will be null and void.

Subject to applicable law, we may transfer, assign or delegate these Terms and our rights and obligations.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of New Zealand.

You and Mermaid’s Secret submit to the non-exclusive jurisdiction of the courts of New Zealand, subject to any rights or protections available under the mandatory laws of the jurisdiction in which you reside.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, subject to applicable law, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

We will notify you of material changes in accordance with applicable law. Such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after the effective date of a change constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to hello@mermaidssecret.com.

Our contact information is:

Mermaid’s Secret
Website: https://mermaidssecret.com
Email: hello@mermaidssecret.com
Postal address: PO Box 331412, Takapuna 0740, Auckland, New Zealand
NZBN: 9429041975558
GST number: 117-742-768