Terms and Conditions of Sale
Last Updated: 23 July 2020
1.1 These terms and conditions of sale (“Sales Terms”) between INÈS Store LTd (“Seller”, “we”, “our”, or “us”) and you constitute the contract between us and you for the sale and purchase of products (“Products“) through this website (“Website”), including any order for Products by any other person using your username and password
1.2 We shall sell and you shall purchase the Products in accordance with these Sales Terms only. If you disagree with any of these Sales Terms you should not purchase the Products from this Website. By proceeding to purchase Products from this Website you represent and acknowledge that you are aware of, and agree to, these Sales Terms.
2.1 This Website and the services and Products described on the Website are intended for the use and purchase by residents of New Zealand only. We make no representation that the materials on, or Products available through, this Website are appropriate to purchase or use in other locations. Purchase of Products from territories where the Products are illegal or purchase of them restricted by applicable laws is prohibited.
2.2 You acknowledge that the Products sold under this Website are subject to the export control laws and regulations of New Zealand.
2.3 If you access this Website or purchase Products from locations outside New Zealand you do so on your own initiative and are responsible for compliance with applicable local laws.
3. Orders, price and payment
3.1 You must order the Products in accordance with the instructions on this Website. Your order is not binding upon us until we accept it. Should we not accept your order then any money for the order will be refunded.
3.2 The price for the Products (“Price”) will be the price quoted on our Website at the time of making your order and includes GST and (subject to paragraph 3.3 below) any sales, value added, products and services tax in relation to the supply of Products.
3.3 The Products described on the Website are intended for the purchase by residents of New Zealand only and, accordingly, our prices do not include export fees, duties, tariffs or other charges associated with exporting the Products. If any such fees, duties, tariffs, taxes or other imposts of charges become payable as a result of you placing any order from outside of New Zealand, making payment of the same shall be your responsibility and at your sole cost and expense.
3.4 All payments in relation to the Products are payable in New Zealand dollars.
3.5 You will pay the Price by a payment method acceptable to us. All payments are securely processed through a third party PCI compliant payment gateway. No credit card or bank account information is stored by us.
3.6 Payment options for the purchase of Products from this Website will be as made available to you at the time of purchase.
3.7 All Products may be purchased by payment in full of the applicable Price at the time of purchase.
4. Product Information, Images and Colours
4.1 We have made every effort to display the Products featured as accurately as possible. However, the equipment you use to view our Website may impact on the display of our Products. We do not guarantee that the colour, texture, detail or packaging of the Product shown on your screen will accurately reflect the actual Product.
4.2 We attempt to be as accurate as possible in describing Products detailed on the Website. However, we do not warrant that Product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. Measurements provided on our Website are approximate only. If a Product offered is not as described, please contact us immediately and before the item is used.
5.1 Delivery will be made at the place agreed by us and you. View our shipping page for information on the destinations to which we deliver and the estimated delivery times for items purchased through the Website. We have the right to select the method of delivery and carrier.
5.2 We may deliver the Products by instalment, and each instalment will be treated as a separate contract under these Sales Terms.
5.3 We will endeavour to dispatch Products within 2 working days once full payment of the Price has been received pursuant to these Sales Terms.
5.4 Any time stated for delivery is an estimate only and lead times for Products may vary. We will not be liable for any delay in delivery. Deliveries to rural addresses may increase delivery times. We do not accept any liability for any delays in the delivery of any goods ordered through the Website. Subject to your rights pursuant to clause 4, if we fail to deliver, or make defective delivery of part of the Products, this does not entitle you to cancel the Sales Terms.
5.5 You will receive an email, including your order tracking number, confirming that your order has been dispatched. To ensure successful delivery, please ensure that you provide accurate details of a delivery address (including any business name if shipping to a work address) where someone will be present during business hours to sign for the receipt of your package. We are unable to change any delivery details once an order has been dispatched.
6. Title, risk and ownership
6.1 We retain title to the Products until you have paid all amounts owing to us for all of them in full.
6.2 From the time you receive possession of the Products, title to the Products will pass to you and you will bear the risk of any loss, damage or deterioration of or to the Products from such time.
7. Returned Products
7.1 If the Products have been delivered in error or damaged in transit, please notify us in writing without delay after your receipt of the Products and return the Products to us in original undamaged packaging within 14 days of your receipt and, in our sole discretion, we may either replace the Products or refund the price of the Products to you.
7.2 If any goods are faulty we will meet our statutory obligations to provide a remedy. We are not required to provide a refund if you change your mind about a particular purchase, so please choose carefully.
7.3 If you've made a purchase from our Website and need to return it to us, please use the following return method:
(a) firstly please contact us on email@example.com to start the return process;
(b) ensure the Product is in original condition and original packaging; and
(c) return the Product such that it is received by us within 14 from the date of dispatch, including your invoice or packing slip as proof of purchase to the following address:
75 Lincoln Street. Ponsonby 1021
The cost of delivery associated with any returns shall be borne by you. Upon receiving the Product, we will take the required action which includes thorough testing of the goods to ensure that the item has not be altered or tampered with in any way.
8. Disclaimer of Warranties
8.1 To the fullest extent permitted by applicable law all products available through this site are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
9. Consumer Guarantees Act 1993
9.1 Nothing in the Sales Terms is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 (“Act”) except to the extent permitted by the Act and the Sales Terms are to be modified to the extent necessary to give effect to that intention. Where the Act applies to these Sales Terms:
(a) if the Products are acquired by you for business purposes, you agree that the Act does not apply; and
(b) if the Products are not acquired by you for business purposes, we reserve the right to replace any Products which fail to comply with any guarantee contained in the Act.
9.2 You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
10. Limitation of Liability
10.1 Under no circumstances shall we, our related companies, agents, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages, directly or indirectly resulting from or in relation to the products or your use of them. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. To the extent that any applicable law does not allow the exclusion or limitation of incidental or consequential damages, our liability in such circumstances shall be limited to the extent permitted by such law. In no event shall our liability in respect of any order or product exceed the price paid for such product.
11.1 You acknowledge that you are 18 years or over and have the full legal capacity to agree to enter the Sales Terms as a binding contract.
12. New Zealand law
12.1 The Sales Terms will be governed by and construed in accordance with the law of New Zealand and the parties unconditionally and irrevocably submit to the exclusive jurisdiction of the New Zealand courts.
13.1 If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy.
13.2 If any provision of these Sales Terms is held by any competent authority to be invalid or unenforceable in whole or in part, validity of the other provisions of these Sales Terms and the remainder of the provisions in question shall not be affected.