Terms

This page (together with our Privacy Policy and Website Terms and Conditions of Use tells you information about us, our online service, and the legal terms and conditions (Terms) on which the products (Products) listed on our website (our site) are supplied to you.

These Terms will apply to any contract for the sale of Products by us to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any Products, you agree to be bound by these Terms and the other documents expressly referred to in them.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time.

1 Products

1.1 The images of the Products on our site are for illustrative purposes only. Your Product (including any packaging of the Product) may vary slightly from those images.

1.2 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.

2 Use of our site

Your use of our site is governed by our Terms of Website use. Please take the time to read them, as they include important terms which apply to you.

3 How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read it, as it includes important terms which apply to you.

4 Age

You may only purchase Products from our site if you are at least 18 years old.

5 How the Contract is formed

5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Once you have placed your order, you will be able to view it at any time in My Order under My Account in the top right-hand corner of the homepage on our site.

5.2 We will send you an email acknowledging receipt of your order (Order Confirmation). The Order Confirmation will give you an estimated delivery time.

5.3 Your order constitutes an offer to us to buy the Product. Acceptance of your order will only take place when we send you the Order Confirmation, at which point a Contract will come into existence between us and you.

5.4 If your order cannot be accepted, we will inform you and will refund you any sums you have paid. This might be, for example, because the Product is out of stock or no longer available, or because we have identified an error in the price or description of the Product.

6 Our right to vary these Terms

6.1 We may revise these Terms from time to time including, in particular, to reflect changes in:

(a) how we accept payment from you;

(b) delivery arrangements; and

(c) relevant laws and regulatory requirements.

6.2 Every time you order Products from our site, the Terms in force at that time will apply to the Contract.

6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

7 Right of return

Details of your right to return Products are set out in our Returns Policy.

8 Delivery

8.1 Details in relation to delivery of Products, including delivery charges and estimated delivery timeframes, are set out in our Shipping Information Page

8.2 A Product will be your responsibility from the time the Product is delivered to the address you gave us.

8.3 You own a Product once the Product is delivered to you or, if earlier, once we have received payment in full, including all applicable delivery charges.

8.4 If supply of a Product is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable to you or responsible for any failure to perform, or delay in performance of, any obligations under our contract with you that is caused by an event outside of our reasonable control.

9 Prices of Products

9.1 The price of the Product will be the price indicated on the order pages when you placed your order. We reserve the right to alter prices and delivery charges for any reason at any time. If this should happen after you have placed an order, we will contact you prior to processing it.

9.2 The price of the Product does not include any delivery charges. Our delivery charges for the Product will be indicated on the order pages when you place your order.

9.3 If you order a Product for delivery outside New Zealand the Product may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of these duties and taxes.

10 How to pay

10.1 We accept payment with Visa, Mastercard; Paypal and Afterpay

10.2 Payment for Products and all applicable delivery charges is required in advance, at the time you place your order.

11 Our right to end the Contract

11.1 In some cases, even after acceptance of your order, a Product may cease to be available. In that case, we may propose an alternative item (of equal or greater value) and, if that item is accepted by you, we will supply that item instead of the original Product. If an alternative item is not proposed (or you do not accept it), the Contract will be at an end and we will refund you any sums you have paid

11.2 We may end the Contract if you provide us with any information which is incorrect or fraudulent (or which we have reasonable grounds to suspect is incorrect or fraudulent).

12 Our liability to you

12.1 If we fail to comply with these Terms, we are not responsible for any loss or damage that is not foreseeable.

12.2 Where you acquire the Products for the purpose of a business, the Consumer Guarantees Act 1993 shall not apply. If you use the Products for any commercial, business or resale purpose, we will not have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 If the Consumer Guarantees Act 1993 applies, these Terms shall be read subject to your rights under that Act.

13 Communications between us

13.1 You can contact us at any of the contact details provided on our get in touch page Contact us

13.2 If we have to contact you we will do so by telephone or by writing to you at the email or postal address you provided to us in your order.

14 Other important terms

14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights under the Contract. We will always notify you by posting on this webpage if this happens.

14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.5 If we fail to insist that you perform any of your obligations under these Terms, or we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.6 Please note that these Terms are governed by New Zealand law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by New Zealand law. Any such dispute or claim shall be subject to the non-exclusive jurisdiction of the New Zealand courts.

These terms of use (together with the documents referred to in them) tell you the terms of use on which you may make use of our website www.millangrace.co.nz (our site). Use of our site includes accessing, browsing, or shopping on it.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of them for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

Other applicable terms

The following terms also apply to your use of our site:

· Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.

· If you purchase products from our site, our Terms and Conditions of Supply will apply to the purchase.

Information about us

www.millangrace.co.nz is a site operated by Millan and Grace Limited. We are registered in New Zealand under company number 8586911.

Changes to these terms

We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure that you understand the terms that will apply at that time.

Changes to our site

We update our site from time to time.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You are not permitted to use any of the trade marks (whether registered or unregistered) used on our site without our approval.

No reliance on information

The content on our site is provided for general information only.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

· use of, or inability to use, our site; or

· use of or reliance on any content displayed on our site.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Supply.

We have the right to remove any posting you make on our site (or any social media site) for any reason.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under the Crimes Act 1961. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Applicable law

Please note that these terms of use, their subject matter and their formation, are governed by New Zealand law. You and we both agree to that the courts of New Zealand will have non-exclusive jurisdiction.

CONTACT US

To contact us, please use our Contact page.

Thank you for visiting our site.