TERMS AND CONDITIONS.
By accessing or using this website you acknowledge and accept the Terms and Conditions
The website www.lovelylinen.co.nz (Website) is owned and operated by A J Heslop of Auckland New Zealand.
By accessing, using, or browsing the Website and any of its associated services and functionality (including the Website and any related sites), you agree to be bound by these terms and conditions including our Privacy Policy https://www.lovelylinen.co.nz/privacy-policy/
Please read these Terms and Conditions carefully before placing your order, as they contain important information about the ordering, processing, fulfillment, and delivery of goods https://www.lovelylinen.co.nz, including limitations of liability.
If you do not agree to any Terms and Conditions, you must not use or continue to use the Website.
Lovely Linen reserves the right to amend the Terms and Conditions from time to time in its sole discretion and, by using the Website at any time, you acknowledge that you have read, understood, and agree to be bound by the current Terms and Conditions in use.
If you do not understand any of the Terms and Conditions, or if you have any questions, please contact Lovely Linen customer service by email at info@lovelylinen.co.nz or phone +64 21424210
1. Definitions
The following applies to these Terms and Conditions.
Business Days means a weekday in which trading banks are open for the transaction of banking business in Auckland, New Zealand.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for Lovey Linen.
Delivery Fee means the fees charged for the delivery of Goods in accordance with clause 12.3, as amended from time to time.
Goods means the items offered for sale, described, or displayed on the Website.
GST has the meaning provided by the New Zealand Goods and Services Tax Act 1985.
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase Goods from LL in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1993.
Price means the purchase price of each Good as specified on the Website (including GST).
Privacy Policy means the LL Privacy Policy found on the Website. View the LL Privacy Policy here. https://www.lovelylinen.co.nz/privacy
Special Delivery Fee means the Delivery Fee charged for goods that require special delivery.
Terms and Conditions means these terms and conditions, as amended from time to time.
Website means https://www.lovelylinen.co.nz
We or Us or Our or LL means any of Lovely Linen its directors, employees, independent contractors or agents.
You or Your means you as the purchaser of Goods from LL pursuant to these Terms and Conditions.
2. Using the Website
2.1. You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or its services in any way (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of its resources to others.
2.2. LL cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware, or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release LL entirely of all responsibility of any consequences of its use.
2.3. The Website and its contents are provided to you on “as is” basis; the site may contain errors, faults, and inaccuracies and may not be complete and current.
2.4. We reserve the right to change the Website at any time.
3. Intellectual Property Rights
3.1. This Website and all content forming part of the Website, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws.
3.2. You acknowledge and agree that LL owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.
3.3. You may not:
(a) modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
3.4. Except where permitted under the New Zealand Copyright Act 1994 or other applicable laws, and except for the temporary copy held in your computer’s cache and a single copy for your own personal use, any of the Website content (including any substantial part of it) must not otherwise be used, stored, copied reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without our prior written consent.
3.5. For the avoidance of doubt, you have permission to reproduce on the Pinterest website at https://www.pinterest.com/, any images or other works on the Website clearly marked “Pin It” or “Pin This”, but only via the designated links on the Website related to that work.
3.6. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
4. Third-party Websites
4.1. This Website may contain links to other web sites controlled by third parties (Third Party Websites).
4.2. LL is not responsible for the content or privacy practices of Third-Party Websites.
4.3. The Third Party Websites are provided solely for your convenience and do not constitute, expressly or impliedly, an endorsement by LL of the third party or the products or services provided by the third party or any affiliation between LL and the third party.
4.4. You access those sites and/or use those site’s products and services solely at your own risk and should make your own inquiries before relying on any content contained in such Third-Party Websites.
5. Use of Cookies
5.1. Cookies are small pieces of information that your browser stores on your computer hard drive.
5.2. We use Cookies to provide you site usage information as well as to assist us to improve and develop the Goods and services we offer. Our cookies do not contain any personal identifiable information.
5.3. If you disable cookies on your web browser, you may not be able to fully experience all features of the LL Website.
6. Accuracy of communications
6.1. You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by you using the Website are true, complete and accurate.
6.2. If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.
6.3. To the fullest extent permitted by any applicable laws, LL hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.
7. Availability, withdrawal and suspension of service
7.1. Whilst we endeavour to provide continuous access to the Website, we do not warrant that your access will be safe, uninterrupted, timely, secure or error-free.
7.2. LL may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason including without limitation:
if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attacks on any part of our computer or telecommunications system;
if you breach any part of the Terms; or
if you use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
8. Availability of Goods
8.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable.
8.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. LL will not be liable to you for any loss (consequential, direct or indirect) you or any third party may suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
8.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we will contact you.
8.4. You acknowledge and agree that:
8.5.1 all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
8.5.2 you have read and fully understand and accept any corresponding written description of the Goods prior to submitting your Order;
8.5.3 the colour of Goods as shown on the Website may vary slightly or in shade in real life;
8.5.4 the designs and colours of fabric may vary slightly from one Good to another;
8.5.5 we reserve the right to make any changes to internal specifications of our Goods or minor external changes where necessary which may not be displayed or apparent from the Website. These will be apparent if orders are placed at different times;
8.5.6 where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
8.5.7 any accessory featured with the Goods is or may be for illustration purposes only, and may be sold separately.
9. Placing Orders for Goods
9.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
9.2. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfill your Order. LL will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfill or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
9.3. You also agree to obtain consent to provide LL any personal details for nominated recipients of gifts.
9.4. You may Order from LL if you are aged 16 years or over, have an active email account, and a telephone number at which you can be easily contacted.
9.5. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless changes to the Order are made by agreement with LL and any cancellations are otherwise in accordance with these Terms and Conditions). However, we will allow you to return Goods in accordance with these Terms and Conditions. You must check your Order carefully prior to submitting your Order with us.
9.6. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order.
9.7. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting LL Customer Service in relation to your Order.
9.8. You agree to make your own enquiries to verify information provided and to assess the suitability of Goods before you order the Goods.
10. Acceptance and rejection of Orders
10.1. Goods displayed on the Website do not constitute an offer to sell. It is an invitation to treat only.
10.2. Orders placed by you on the Website are offers to purchase particular Goods on these Terms and Conditions at the Price specified (plus the Delivery Fee) at the time you submit your Order.
10.3. When we accept an Order, it represents an agreement by LL to supply you with the Goods in accordance with the Order and these Terms and Conditions.
10.4. To the extent permitted by law, LL reserves the right to accept or reject your Order for any reason (or no reason) at any time including, but not limited to, the unavailability of any Goods, an error in the price, or Good description, an error in your order or the discontinuance of a promotion.
10.5. In the event that we reject an Order under the above clause, we will notify you of that rejection and the reason for rejection via email. LL will not be liable to you for your loss or that of any third party for the rejection of an Order.
10.6. If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under clause 10.4 and we will notify you of that rejection via phone or email. LL will not be liable to you for your loss (consequential, direct or indirect) or that of any third party for the rejection of an Order.
11. Price and Payment
11.1. Unless otherwise stated, all Prices, Delivery Fees, and other charges quoted are in New Zealand Dollars and where applicable, are inclusive of goods and services tax (GST).
11.2. The Price in respect of a Good is specified on the Website.
11.3. LL reserves the right to change or alter Prices of Goods on the Website for any reason and without notice to you, unless you have already submitted an Order at a stipulated Price and that Order has been accepted by us, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case clause 8.4 will apply).
11.4. In respect of any Order, we will charge you and you agree to pay:
11.4.1 the Price (which is the Price at the time the Order is submitted); and
11.4.2 the Delivery Fee.
11.5. You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card or PayPal. When paying by credit card, you authorise LL to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
11.6. Lay-by is not available for Orders made on the Website.
11.7. You acknowledge and agree that any payment in respect of an Order must be cleared by LL to its satisfaction before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In such instances we cannot and will not hold the Goods against your Order and we do not guarantee that the Goods will be available should you try to Order again. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
11.8. In ordering, paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
11.9. You will receive a tax Invoice by email once payment in respect of your Order has been processed and cleared pursuant to clause
12. Shipping and Delivery
12.1. Delivery Agents
LL uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.
12.2. Delivery Areas
Delivery is restricted to the Delivery Agent’s pre-defined delivery area.
12.3. Delivery Fees
The following outlines the Delivery Fees for LL Orders:
Special Delivery Fee: There may be an increase in the Delivery Fee payable by you in relation to an Order if:
(a) your Order is split and requires multiple deliveries due to the quantity or size of the Goods in your Order being large such that LL will be required to package Goods separately; or
(b) delivery of your Order otherwise incurs additional charges.
We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order.
12.4. Estimated Delivery Time Frames
Subject to this clause and the Delivery Agent, LL aims to achieve the delivery time frames set out below:
(i) Auckland, Wellington, Christchurch and surrounding suburbs and regional areas : 2 – 5 Business Days; and
We cannot guarantee that Orders that are split under clause 12.3 will be delivered on the same day.
From time to time, LL and LL’s Delivery Agent may not be able to achieve the delivery time frames. You acknowledge and agree that notwithstanding anything else in this clause:
(a) LL cannot guarantee that delivery will occur in the delivery time frames;
(b) delivery time frames may change from time to time due to unforeseen circumstances; and
(c) LL is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery by LL’s Delivery Agent.
During major sales events and other periods of peak delivery (for example Christmas) Orders may experience delivery delays.
General Terms for Delivery
12.5. Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.
We deliver to eligible New Zealand delivery locations only. Orders must be addressed to a residential or business street address. We do not deliver to PO Boxes.
12.6. If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age at the time of delivery and capable of receiving delivery on your behalf, and you agree that our Delivery Agent will be entitled to rely on the appointed representative’s instructions as if they were your own instructions.
12.7. You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you or your representative refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery.
12.8. If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left requiring you to contact the Delivery Agent within 5 days to arrange a redelivery. It is your responsibility to follow the instructions stated on the calling card. If no successful contact is made with the Delivery Agent within the 5 days, your Order will be returned to LL.
12.9. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
12.10. Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If the Goods are not as ordered, there are Goods missing or there is obvious damage to the Goods due to transit, you must contact LL Customer Service within 7 Business Days.
12.11. We do not allow personal pick up and Orders cannot be delivered to a LL store for pickup.
12.12. Insurance and express delivery is not available in respect of your Order.
12.13 Authority to Leave By ticking the box to authorise the delivery to be left without signature you hereby authorise LL to arrange for your Order to be delivered and to be left at the shipping address without requiring a signature for its delivery, and hereby acknowledge and agree that only confirmation of delivery by LL’s Delivery Agent will be obtained in order to satisfy proof of delivery. LL will not replace or refund items which you authorise to be left without signature.
13. Packaging and Labeling
We endeavour to depict Goods available for Order using accurate images of the Goods. At times, however, Goods actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
14. Title and Risk
14.1. We retain ownership of Goods you Order until payment is received in full for those Goods together with the Delivery Fee and other charges.
14.2. Risk in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.
15. Order cancellations
15.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you must carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with these Terms and Conditions.
15.2. Where we reject or cancel your Order under these Terms and Conditions, and your payment for the Goods has already been processed, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. LL is not liable with respect to any loss (consequential, direct or indirect) you or any third party might suffer as a result of any delay in processing or paying your refund.
16. Returns
16.1. Unused Goods in original condition and packaging may be returned within 14 days of the date of your delivery being received upon presentation of the original Tax Invoice together with the credit card used for the purchase
16.2. LL’s preferred method of return is for the Goods to be returned to a LL store. If you do not live near a LL store Goods may be returned via Post (in accordance with the Packing Confirmation) at your own cost. LL will not be responsible for items lost in transit.
16.3. No postal exchange service is provided.
16.4. For Goods deemed to have a manufacturing fault you will be refunded or the Good replaced.
16.5. For return of faulty Goods via post please contact LL Customer Service. LL may, in its absolute discretion, issue a reply paid authorisation to return the Good free of charge.
16.6. It is a condition of Visa, MasterCard and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. LL is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
17. Promotions and Discounts
17.1 From time to time LL will run temporary promotions and offer discounts on Goods sold through the Website. Such promotions will be subject to additional terms and conditions (as specified with the offer). You should read these terms and conditions carefully
17.2 All reference to times in promotions are based on the local time in New Zealand unless otherwise stated.
17.3 The Goods, Prices, and promotions that are offered on the Website may not correspond to those in a LL store and vice versa.
18. Privacy
If you provide us with any Personal Information our Privacy Policy will govern how we will use or disclose that information. Our Privacy Policy can be found at https://www.lovelylinen.co.nz/privacy
19. Warranties you make to LL
You represent and warrant to LL that:
(a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to LL;
(b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
(c) in placing your Order, you have read, understood and agreed to these Terms and Conditions; and
(d) complied with all Laws.
20. Exclusion and limitation of liability
20.1. We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
20.2. Other than expressly stated in relation to particular Goods, LL and its affiliates, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or Goods included on the Website, except as otherwise provided under applicable laws.
20.3. Subject to any rights you have under any consumer protection law, LL excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
20.4. Where any law (including the New Zealand Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
20.5. To the maximum extent permitted by applicable law, neither LL, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
the Website
your use of the Website and any sites linked to the Website;
any information obtained through the Website;
Goods supplied to you following your use of the Website;
reliance on or failure to act, on any information or service contained on or accessed through the Website;
a withdrawal or suspension of availability of a Good;
errors, mistakes, inaccuracies or omissions on the Website;
personal injury or property damage of any nature resulting from your access to or use of the Website;
any unauthorised access to or use of our secure servers and/or Personal Information and/or financial information stored on those servers;
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;
the quality of any product or service of any linked sites; or
an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to or cessation of access to the Website,
in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
20.6. Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.
20.7. You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
21. Indemnity
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions.
22. Termination
22.1. You may stop using the Website at any time for any reason.
22.2. We may suspend or limit your access to the Website in our absolute discretion without notice or liability to you for any reason including:
if you breach any one of these Terms and Conditions;
if we are required to do so by applicable law;
if you use the Website for any activities which breach any applicable laws, regulations, standards or codes, or infringe a third party’s rights or privacy;
if you tamper with, hinder the operation of or make unauthorised modifications to the Website including the storage or transmission of any virus or disabling feature to the Website;
if you make any fraudulent, speculative or vexatious enquiries;
if you provide false information when using the Website;
if you attempt to do any of the above acts or permit or assist another person to do any of the above acts.
22.3. LL reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:
(a) for LL’s convenience, at any time, upon provision of notice to you;
(b) immediately:
(i) if LL reasonably believes that you have breached any of these Terms and Conditions, and that breach is not capable of immediate remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 7 days (where the breach is able to be remedied).
22.4. The exclusions and limitations of liability made by us in these Terms and Condition will survive termination or suspension of your access to the Website.
23. Find in Store (Online Store)
23.1 Stock Levels are indicative only as our stock levels keep constantly changing
23.2 Stores cannot “hold/ reserve” any seasonal product such as Easter or Christmas products or the last one in stock
24. General
24.1. LL reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with LL with respect to that Order.
24.2. LL may give notice to you by electronic mail. You may give notice to LL by electronic mail to LL Customer Service.
24.3. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
24.4. A failure or delay by LL to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by LL does not preclude its future exercise or the exercise of any power or right by or on behalf of LL.
24.5. Your use of this Website is governed by, construed and enforced in accordance with the laws of New Zealand. Any transaction is deemed to have taken place in New Zealand. Disputes arising from your use of this Website are exclusively subject to the jurisdiction of the courts of New Zealand.
24.6. The Website may be accessed throughout New Zealand and overseas. LL makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside New Zealand. If you access this Website from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website.