TERMS OF SERVICE
1. Acceptance of Terms
Please read these Terms of Service carefully before reading or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
These terms and conditions oversee all supply of goods and services ("products") by Boob or Bottle (Boob or Bottle "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.booborbottle.co.nz ("the website").
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
Purchases from our online shop may only be made by persons who are obtaining goods or services for their own use or consumption, and you must not obtain goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you permit you have the authorisation to agree to these terms and conditions on behalf of the entity.
By agreeing to these Terms of Service, you signify that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your agreement to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not spread any worms or viruses or any code of a damaging nature.
A breach or violation of any of the Terms will result in an immediate closure of your Services.
Our store is hosted on squarespace.com. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. Delivery and Delivery Charges
We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary.
We will use all reasonable undertakings to ensure that orders for goods will be dispatched promptly after an order has been placed.
We will not be held responsible for any distress caused if orders that do not arrive within the assigned time if the courier company has not been able to so because of any cause.
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
Shipping costs are $6 per order New Zealand wide, with free delivery over $100 using code FREE100 that you must enter yourself.
Deliveries Auckland wide - Next day delivery if orders placed prior to 12pm
North Island – 1-2 days delivery
South Island – 2-3 days delivery
Please also refer to our Shipping Terms listed on the home page.
We send product by courier and therefore are unable to deliver to PO Boxes.
It is your duty to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
It is your responsibility to inform us if an order does not arrive. Once we learn an order has not arrived, we will ensure delivery occurs as soon as achievable.
We will not be held liable for any loss or damage resulting from late delivery.
If an item is lost in transit, we will not dispatch a replacement immediately.
Replacement items will be dispatched at our preference. We are unable give a guaranteed time or day of delivery.
Without limiting the operation of any other Terms and Conditions herein
a) We will not accept liability for any loss or damage arising from a late delivery
b) You agree that late delivery does not establish a failure of our agreement and does not entitle you to cancellation of an order
c) We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Placing and Accepting Orders -Orders will not be shipped until payment in full is received.
Order cancellation -We reserve the right not to provide goods or services or cancel orders (or part thereof) at our sole preference at any time.
If you need to cancel an order, please contact us immediately on +64 021 234 7844, or via email firstname.lastname@example.org
Our agreement with you only comes into certainty once we have both confirmed your order and your payment has been processed.
Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled are subject to our policy for Returns.
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when advertised. We reserve the right to modify prices at any time.
A validation email will be sent to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
We do our best to ensure that the prices on our website are correct, however in the case of a honest pricing error on our behalf we reserve the right to cancel the order.
5. Availability and Supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will attempt to notify the non-availability on our online shop. We will endeavour to have the item back in stock as soon as possible, or otherwise provide you with a refund.
6. Credit Card Security & Payment Options
All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.
We are happy to accept returns within 30 days from the date of purchase, provided that the product is still new and unused, and in its original packaging. If you need to return something to us that you purchased online, you'll need to cover the cost of returning the product to us.
Sale items are non returnable, and non refundable.
For faulty items we will meet all of our obligations under the Fair Trading Act.
8. Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and precise information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website. Information and advice supplied on this website is our opinion only, and where it is sourced information, whether it be literature or referenced content, it will be referenced and noted.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in association with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or approved by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
On confirmation of an order you email details will be held on file for future contact for newsletter and discount notifications.
You will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
10. General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.booborbottle.co.nz
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We have made every effort to display as accurately as possible the colours and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
11. Mailing List
By purchasing with Boob or Bottle you agree to be added to our email mailing list. You can unsubscribe at any time using the link on our newsletter or mailing list emails. Alternatively you can contact us directly at email@example.com and ask to be removed. Please have unsubscribe in the email subject header.