1.1 Heirloom Woollen Collection Limited (referred to as Heirloom, we, our or us) permits users (referred to as you or your) to:
(a) access and use the Heirloom website (www.heirloomwoollen.co.nz) (Website);
(b) place an order for products, services or both (including orders for clothing, accessories, gift vouchers and all other products and services offered for sale through the Website) (Order) through our online store (E-Boutique);
(c) view and interact with any content, information, communications, advice, text or other material provided by Heirloom (Heirloom Content); and
(d) otherwise communicate with Heirloom, subject to the following terms and conditions (Terms).
1.2 We may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. By using the Website, you are agreeing to all of the Terms. We will give you notice of updated Terms by posting it on the Website or by email. Your use of the Website will be governed by the most recent Terms posted on the Website. You should also check this page regularly and take notice of any changes made.
2.1 By placing an Order via the E-Boutique you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by HEIRLOOM in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, HEIRLOOM may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order.
2.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, you will receive an email indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please contact the Heirloom to check the status of your Order.
2.3 Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
3.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
3.2 All updates and modifications to the Website including any changes to the Content, E-Boutique, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.
4.1 Payment for an Order is made online through the E-Boutique (Online Payment).
4.2 Your Order will be delivered to you through one of our third party couriers.
4.3 HEIRLOOM uses eWAY (https://eway.io/nz) or Alipay (https://global.alipay.com/) to provide the payment services for the Website. For more information on eWAY and Alipay 's security processes, please visit their website at https://eway.io/nz/about-eway/technology-security and for Alipay's security processes https://global.alipay.com/service
4.4 We accept Online Payment via Alipay or eWAY using VISA, MasterCard.
4.5 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account. The credit card holder must be either the billing or shipping recipient.
4.6 If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.
4.7 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
4.8 We will provide you with a receipt at time of confirmation of the Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.
4.9 The specific terms and conditions of supply for any products or services purchased via the Website will be notified to you via the E-Boutique before you finalise your Order. Your confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order.
4.10 Once an order has been placed you may not cancel the order as goods are often packaged and shipped the same day. Please select carefully before placing an order.
E-Boutique and Heirloom Stockiest share a stock inventory. Should your ordered item/s be unavailable we will contact you within 24 hours. If an item or size is out of stock or unavailable online you may be able to place a Special Order. Contact us directly to enquire about this service on enquiries@Heirloomwoollen.co.nz
6.1 Subject to the consumer guarantees provided for in the CGA (Consumer Guarantees Act) , HEIRLOOM does not warrant that you will have continuous access to the Website.
6.2 HEIRLOOM will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
6.3 HEIRLOOM does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
6.4 Whilst HEIRLOOM takes reasonable precautions to protect information transmitted via the Website, HEIRLOOM cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
6.5 HEIRLOOM does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
7.1 Any personal information submitted by you (whether personal information of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 2) to HEIRLOOM will be used for the purposes contemplated by these Terms, including but not limited to:
(a) processing your payments for purchasing any products;
(b) providing you with goods and services you have purchased;
(c) providing direct marketing communications to you when you sign up to receive email updates from HEIRLOOM.
7.2 If you are submitting to the Website, including in the course of making any Order, the personal information of any other person, you warrant that the person is aware of and has consented to the use of their personal information in accordance with these Terms.
7.3 You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.
8.1 We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on this site (Content) are correct and up-to-date at the time of publication. HEIRLOOM does not represent or warrant the accuracy or completeness of the Content and is not for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.
8.2 Certain laws can imply warranties or conditions, or impose obligations on HEIRLOOM that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which HEIRLOOM is able to do so, our liability will be limited to the resupplying of the Content.
HEIRLOOM does not guarantee the security of using the Website or any systems used to access the Website. Further information about security in relation to your personal information can be found in our Privacy Policy.
The Website may contain hyperlinks to sites operated by third parties, such as Facebook, Twitter, Instagram and YouTube. These linked sites are not controlled by HEIRLOOM, and we are therefore not responsible for the content of those sites. These third party websites may have their own terms and conditions and privacy policy. Links are provided solely for your own convenience and HEIRLOOM’s decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk. HEIRLOOM is not responsible for and will not be liable in respect of the content or operation of those websites, any of the goods, services or content that they describe, or in respect of any incorrect link to an external website.
11.1 General
The Website is owned and operated by or on behalf of HEIRLOOM. The HEIRLOOM Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.
11.2 Copyright
All Content contained on this Website is protected by New Zealand and international copyright laws, unless indicated otherwise on this Website.
You may view this Website and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by HEIRLOOM and then only according the conditions as stipulated by HEIRLOOM
You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on this Website, except as allowed by this site or as agreed by HEIRLOOM in writing.
11.3 Trademark Notice
This Website contains registered trademarks that are, unless shown otherwise, either owned or licensed by HEIRLOOM and are protected under the laws of NewZealand. You must not use HEIRLOOM WOOLLEN COLLECTION's trademarks, except: (a) by saving or printing out a copy of this Website as allowed under the copyright notice set out above; (b) as part of a legitimate reference to HEIRLOOM WOOLLEN COLLECTION or a HEIRLOOM WOOLLEN COLLECTION product or (c) with HEIRLOOM WOOLLEN COLLECTION 's prior written consent.
The use of any trademarks on this Website that are not owned or licensed by HEIRLOOM WOOLLEN COLLECTION is not intended to indicate any association with, or endorsement by, the owner of that trademark.
You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
(a) download (other than page caching) or modify the Website or any portion of the Website;
(b) impersonate or falsely claim to represent a person or organisation;
(c) are commercial, including selling, marketing, advertising or promoting goods or services;
(d) frame the Website without HEIRLOOM's express written permission;
(e) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
(f) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
You will fully indemnify HEIRLOOM in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website or the HEIRLOOM Content; or
(c) your communications with HEIRLOOM.
HEIRLOOM may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
By accessing the Website you accept that any disputes about this Website or its Content are to be determined by the courts having jurisdiction in New Zealand, according to the laws in force in the country and subject to the application of any principle of conflict of laws inconsistent with this requirement.
As this site can be accessed throughout New Zealand and overseas, HEIRLOOM does not represent that the Content complies with the laws of any country outside New Zealand, or that any competition, offering or content accessible through the Website is appropriate or available for use in locations outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.
You understand that some countries have import restrictions on certain goods or materials. If you are outside New Zealand you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
If you have questions about the Website or these Terms, please contact us by clicking on the "Contact Us" button on the Website, and following the instructions from there.
