Terms & Conditions
Online Terms and Conditions
Acceptance of terms
These terms and conditions govern all supply of goods and services (" Products") by Lynaire Kibblewhite Goldsmith ("Business", "we, "us") to you, the purchaser of Products from us, including your use of the website at https://www.lynairekibblewhite.co.nz/ ("Website"). They are effective from 15 August 2018 and will replace all earlier terms and conditions contained in any document used by you and purporting to have contractual effect.We reserve the right to change these terms and condition at any time without notice . Any revised or updated terms and conditions will be posted on our website. We recommend you visit our website frequently to check for any revised or updated to the terms and conditions.
To make a purchase from our Website you must be 18 years of age or over.
Purchases from our Website may only be made by persons who are acquiring the Products for their own use or consumption, and you agree and acknowledge not to acquire Products from us via the Website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company, you represent and warrant you have the authorisation to agree and bind that other entity to these terms and conditions on their behalf.
Availability and supply
All orders are subject to the availability of those Products. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.Pricing
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published on our Website. We reserve the right to alter prices at any time without notice to you.You will pay for your order via online banking or credit card using our online transaction facility provided in our Website. By making an order you authorise us to charge your bank account or credit card the purchase price of the order. An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment options
Payments are to be made online at our Website via online banking or credit card.We accept Visa, MasterCard and American Express.
Shipping and delivery
Delivery and delivery charges
Prices for Products stated on our website are exclusive of any applicable delivery charges.We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
We will use all reasonable endeavours to ensure that orders for any Products will be dispatched promptly after payment has received by us.
The title of the Products will only pass to the customer once the purchase price is received in full. Notwithstanding section 148 of the Contract and Commercial Law Act 2017, the customer bears all risks of loss of or damage to the Products from time of order through until the delivery of the Product to the customer's nominated address.
Returns
We are committed to meeting our obligations under the New Zealand Consumer Guarantees Act 1993.In the event that a Product is faulty or becomes faulty within a reasonable period of time, we will at our sole discretion elect to either repair or replace the Product with an identical product type. If it is not possible to repair or replace the Product we may elect to either provide you with a refund or store credit to an amount equivalent to the original purchase price.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully.
Intellectual Property
All intellectual property created by the us for the customer remains the property of the Business. The customer acknowledges and agrees not to in any manner or form or by any means use, copy, modify, reproduce, distribute, adapt in any way, or create derivative works from, any material from our Website or any materials created by the Business; or commercialise any image, design, material from our website or any materials created by the Business.The customer undertakes that all designs or instructions to us will not cause us to infringe any patent, registered design or trade mark in executing your order.
The customer agrees to indemnify us against any action taken by a third party against us in respect of any infringement under this clause.
The customer agrees that we may use any documents, design, drawing or Products created by us for you for the purposes of advertising, marketing or entry into any competition.
Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 and Contract and Commercial Law Act 2017 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
To the greatest extent permissible by law, our maximum liability to you (if any) shall be limited to the value of any faulty Products supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, these terms and conditions contain all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.Use of our Website, supply of Products by us to you and any other matter arising from these terms and conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our Website, Products in accordance with the applicable laws of the country or countries where your business or organisation is based.
Privacy policy and Confidentiality
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use any personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time. We may also disclose your personal information as required by law.
General Conditions
We reserve the right to change these terms and conditions from time to time without notice. However, we will endeavour to post any update or amendment to these terms and conditions on our Website..If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.