1. APPLICATION OF TERMS
- 1.1 These terms and conditions (Terms) govern use of Sublime 571 Limited (us, our or we) website https://www.sublime571.com and any other app or service designed for access by mobile phones or fixed devices, and includes all web pages controlled by us (Site), and related goods and services such as our skincare and beauty goods and services (Goods / Services).
- 1.2 You agree to be bound by these Terms and accept that there are no other understandings, representations of warranties of any kind (expresses or implied) forming part of our agreement with you. In particular:
- (a) any condition contained in your order, which is inconsistent with, qualifies or is contrary to these Terms, shall have no effect unless we expressly accept that condition in writing;
- (b) any variation, waiver or cancellation of your order shall have no effect unless accepted in writing by us. Where we accept cancellation we may levy a handling charge of up to 10% of the price; and
- (c) where we agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quality or revised quantity at our absolute discretion.
- 1.3 We may amend these Terms from time to time and these changes will be deemed to be immediately incorporated into and form part of these Terms. By continuing to visit and use our Site and purchase our Goods / Services, you will signify your agreement to be bound by the amended Terms. We encourage you to read our Terms and check back often.
- 1.4 If you do not agree to these Terms, you are not authorised to access and use the Site, and you must immediately stop doing so.
2. GOODS AND SERVICES
- 2.1 Details and information about our Goods / Services is provided on the Site. Some content is provided by third parties not us.
- 2.2 We make no representation or warranty that the Site is appropriate or available for use in all countries or that our Goods / Services meet the requirements of the laws of all countries. You are responsible for ensuring that your access to and use of the Site is not illegal or prohibited, and for your own compliance with applicable local laws.
- 2.3 By using blog articles, resources, tools, and other resources of the Site, and by buying and using our Goods / Services, you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on our website and in blog articles, resources, tools, and other resources, and using our Goods / Services, is at your own risk.
- 2.4 All Goods / Services are subject to availability. We will inform you as soon as possible if the Goods / Services you have ordered are not available.
- 2.5 You are not permitted to sell or otherwise dispose of our Goods / Services on any third party platform without our prior written consent.
3. PRICES AND TERMS OF PAYMENT
- 3.1 All pricing is in NZD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.
- 3.2 We reserve the right to amend our prices and our Goods / Services at any time. Clerical errors or omissions, whether in computation or otherwise in any quotation, marketing, acknowledgements or invoice, shall be subject to correction.
- 3.3 We will not change the price for any goods you have already completed purchase of, or for any service which you have already engaged us to provide as long as the service is provided to you within 3 months of us providing you with a price for that service.
- 3.4 All services and products purchased through the Site are payable upon purchase through our payment system on the Site.
4. INTELLECTUAL PROPERTY
- 4.1 The Site and its content and our products contain intellectual property owned by us, including trade marks, copyrights, proprietary information and other intellectual property.
- 4.2 You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.
- 5.1 We may withhold delivery of Goods / Services if payment is not made in accordance with clause 3 of these Terms.
- 5.2 We reserve the right to dispatch your order in one delivery or by instalments. We are entitled to payment for each instalment delivered (as if it were a separate contract), but failure to deliver any instalment will not entitle you to repudiate the contract as to any remaining instalments.
- 5.3 Any quotations of delivery times by us are made in good faith, but as estimates are not commitments we will not be bound by such estimates.
- 5.4 Where you request a particular method of delivery and we agree in writing then you will cover the cost of delivery by that method from our dispatch point. Otherwise, we will select the method of delivery.
6. SHORTAGES, DAMAGE OR LOSS IN TRANSIT
- 6.1 Liability for shortages in the quantity of the goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage, in writing, within 3 days of the delivery and provides a reasonable opportunity for us to investigate the claim.
- 6.2 Goods leaving our premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner.
- 6.3 No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by us, details of any claim should be notified to us.
7. RETURN OF GOODS FOR CREDIT
- 7.1 Goods supplied in accordance with your order can only be returned with our express written approval subject to the following:
- (a) Requests to return goods must be submitted in writing within 7 days from date of supply.
- (b) Where we have accepted that goods can be returned for credit with us, the goods must be returned to us at your expense in their original condition and packaging and the original invoice number must be quoted.
- (c) We reserve the right to levy a restocking fee against any return they may agree to accept. Such fees may be up to 15% and levied at our absolute discretion.
- 7.2 Goods specifically imported or produced on your behalf cannot be returned except with our prior written approval and then only on such terms as we may agree.
- 8.1 To the maximum extent permitted by law:
- (a) you access and use the Site and use our Goods / Services at your own risk; and
- (b) we are not liable or responsible to you or any other person for any loss under or in connection with these Terms, the Site, or your access and use of (or inability to access or use) the Site, or use of our Goods / Services. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
- 8.2 We will not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform any terms of this contract where such delay or failure is caused directly or indirectly by an act of God or any other cause beyond our control.
9. SUSPENSION AND TERMINATION
- 9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Site (or any part of it).
- 9.2 On suspension or termination, you must immediately cease using the Site and must not attempt to gain further access.
10. ONLINE SALES
- 10.1 The intention of this clause is to ensure brand consistency and quality.
- 10.2 You are not permitted to sell or otherwise dispose of any products purchased on the Site, to Trade Me or any third party website.
- 11.2 If we need to contact you, we may do so by email or by posting a notice on the Site. You agree that this satisfies all legal requirements in relation to written communications.
- 11.3 These Terms, and any dispute relating to these Terms or the Site, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Site.
- 11.4 In the event of a dispute, the parties agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
- 11.5 For us to waive a right under these Terms, the waiver must be in writing.
- 11.6 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses, 2, 4, 8, 9 and 11.1, continue in force.
- 11.7 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
If you have any feedback or a complaint, or any written notice is required in accordance with these Terms, please contact us at email@example.com