ONLINE SHOPPING TERMS AND CONDITIONS
- These Terms are an important document which govern the terms of your purchase from our website and you must read them carefully before purchasing goods from our website.
- These Terms apply to all online sales via this website. By purchasing goods via this website you agree to be bound by these Terms.
- We may alter or replace these terms and conditions from time to time by publishing the altered or replaced terms and conditions on our website. All orders placed subsequently by you shall be upon the altered or replaced terms and conditions.
- In these Terms the defined words below shall have the following meanings:
“you” or “your” means the person or entity purchasing goods via this website;
“us”, “we” or “our” means Loaf Limited;
“goods” means goods purchased from us via this website;
“GST” means goods and service tax;
“Terms” means these terms and conditions;
“website” means our website accessible via www.megandempsey.co.nz;
“working day” means any day other than Saturday or Sunday or a public holiday or anniversary day in Auckland.
- Prices, Orders and Cancellations
2.1 The price of the goods is the price shown on the website at the time you place your order. The price of the goods on the website may not be the same or correspond to the prices at THE CLINIC for the same goods and we are not obliged to match any prices.
2.2 Prices for goods change from time to time and we do not provide any advance notice of these changes. All prices and charges on this website are in New Zealand Dollars (NZD) and include GST where applicable.
2.3 Delivery, freight and handling charges are in addition to the prices stated. Delivery fees for orders under $150 are $8 and orders over $150 are free unless otherwise agreed by us in writing.
2.4 All goods are sold subject to their availability. Promotional items may be limited as to quantity. We are not responsible for our inability to supply goods where they are not available or where our stock of the goods has been exhausted.
2.5 Orders are not binding on us until we confirm acceptance of your order. Once made, you may not cancel any order without our prior written consent.
2.6 In the event that computer error results in a material misstatement of the price of your order we may, prior to delivery of your order, require you to pay the difference between the amount that you actually paid and the correct amount payable for your order.
2.7 Orders received on a day which is not a working day will be processed on the following working day.
3.1 You must pay us in full by debit or credit card at the time that you submit your order.
3.2 By inserting your debit or credit card details you authorise us to charge the full amount that is payable to your nominated card. You indemnify us against any default by your card company to make payment to us in full.
3.2 We use “Stripe” to securely authorise debit or credit card payments. For further information regarding “Stripe” and how it encrypts and processes transactions please visit www.stripe.com/ie/ssa
- Delivery and Returns
4.1 Order made before 2pm on a working day will be dispatched for delivery that day. Orders received after 2pm will be dispatched for delivery the next working day.
4.2 All goods will be delivered to the location provided in the order by our delivery company. You must provide us with your full and correct delivery address. A physical street address is required and PO Box or Private Bag numbers are not acceptable.
4.3 If you have any special delivery instructions please advise when placing your order. If no instructions are given our delivery company will leave the goods in the place determined safest by them. We cannot accept responsibility for orders that go missing if the address details you have provided to us are incorrect.
4.4 We cannot guarantee a delivery time, but will use all reasonable endeavours to deliver the goods at the time indicated on our website. We are however not responsible for any loss or damage (in either case, of any kind and whether direct, indirect or consequential) arising from any delay in the delivery of the goods from any cause, nor shall any such delay entitle you to cancel any order or refuse to accept delivery at any time or request a refund of your payment for the goods.
4.4 If you do not receive your goods within 3 working days of the requested delivery time please contact our Reception on 09 5753607.
4.5 Upon receipt of your order you must check it and advise us of any faults, shortages or incorrect deliveries within 1 day of receipt of the goods.
4.6 We will replace wrong or faulty products (subject to availability) at no additional cost to you or refund the price paid by you (including delivery costs paid to us) which will be credited against your original method of payment.
4.7 Given the nature of the goods we do not accept any returns of goods for reason where the packaging has been incorrectly or forcibly opened resulting in product failure.
4.8 Quality of our goods is very important to us, so where there is an issue with the quality of the goods we may ask you to send us photographs of the goods so we can seek to rectify any quality issues.
4.9 Risk in the goods shall pass to you upon delivery. We will have no liability in the event that the goods, having been delivered, are lost, stolen, destroyed or damaged in any way from any cause whatsoever nor shall you be entitled to request a refund for the goods.
- Warranties and Liabilitie
5.1 We warrant to you that the goods will be of acceptable quality having regard to their nature and their price, will be reasonably fit for the purpose we represent and will correspond with the description of the goods displayed on the website.
5.2 Other than the warranties under clause 5.1 we do not give any further assurance, condition or warranty of any kind to you (including any assurance, condition or warranty implied by law to the extent that the assurance, condition or warranty can be excluded) in relation to the goods and we accept no liability for any assurance, condition, warranty, representation, statement or term not expressly set out in these Terms.
5.3 You agree that if you are acquiring the goods for business purposes, you will advise that on your order and you then agree that all provisions of the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 are excluded.
5.4 The benefit of any warranties and conditions conferred by us on you are personal to you and are not assignable.
5.5 Whilst we take all reasonable care in relation to our goods, we are not be liable to you or any other person for any indirect or consequential loss or damage of any kind arising out of defective goods or any breach by us of our warranties or conditions or obligations under these Terms or negligence or otherwise.
5.6 Regardless of the legal basis of any claim, our maximum liability to you under any circumstances is limited to a sum not exceeding the invoiced value of the goods in relation to which the claim relates.
- Use of Your Information
6.3.1 administration of your account with us or on the website;
6.3.2 providing delivery details to carriers;
6.3.3 carrying out credit checks;
6.3.4 keeping you up to date with new offers/changes at Megan Dempsey THE CLINIC.
6.3.5 sharing with contractors to enable you to use or facilitate your use of the website.
6.4 You may at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
- Consent to receipt of Electronic Messages
7.1 You agree by ordering on this website you expressly consent to your inclusion in our direct marketing database and accept that you may, as a result, receive regular electronic communications and promotional communications from us. You have the right to ask us at any time to stop sending online communications and promotional offers to you.
8.1 We shall not be responsible to you for failure to perform any of our obligations due to causes beyond our control including work stoppages, fires, civil disobedience, riots, rebellions, acts of God and similar occurrences. In such circumstances we shall have the right at our discretion to delay the performance of our obligations until such causes cease or to cancel the whole or any part of your order without incurring any liability to you.
8.2 We shall not be deemed to have waived or varied any provision of these Terms or any right or remedy which we may have under these Terms or at law or in equity or otherwise unless the waiver or variation is in writing signed by us or an authorised person on our behalf. No waiver of a breach shall be deemed to be a waiver of any other breach or any further breach.
8.3 In the event of any conflict between the terms of any product list or order confirmation or other communication and these Terms, the express provisions contained in the product list or order confirmation or other communication, as the case may be, shall prevail.
8.4 These Terms are governed by the laws of New Zealand and we each agree to submit to the exclusive jurisdiction of the New Zealand Courts.
- Contact details
9.1 If you have any queries regarding shopping with us, please contact our Reception on 09 5753607