Website Terms & Conditions
Updated January 2010
Definitions and interpretation
1.1 Definitions: In these Terms and Conditions and in any contract to which these Terms and Conditions apply, unless the context otherwise requires:
1.1.1 StyleYou Online Shopping means this internet site owned by StyleYou Limited which is offering Products for sale online to the customer;
1.1.2 StyleYou means StyleYou Limited, which is the provider of the Site through which the Products are offered for sale;
1.1.3 CGA means the Consumer Guarantees Act 1993;
1.1.4 Company means StyleYou Limited;
1.1.5 Customer or You means you and all other persons who purchase the Products under your Login, and, as the context requires, includes any person browsing StyleYou Online Shopping, who is not registered to use StyleYou Online Shopping;
1.1.6 Delivery Point means an outside area of the Premises, such as the Customer's front door, or any particular outside area specified by the customer on a particular Product order form. If the premises are a multi-level building, the delivery point will be located on the ground floor of such building;
1.1.7 Factories means any factories that register to well their Products on the Site;
1.1.8 GST means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985;
1.1.9 Intellectual Property means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright and whether or not registered or registrable by any means, and the right to file an application for registration thereof;
1.1.10 Login means a Customers personal email address and password used to access StyleYou online shopping under the customer's registration;
1.1.11 Premises means the premises at the address specified by the customer on their registration application, as amended from time to time;
1.1.12 Products means the Products for sale on StyleYou Online Shopping; and
1.1.13 Site means the internet worldwide websites located at www.styleyou.co.nz
1.2 Interpretation: In these terms and conditions:
Headings are for ease of reference only and shall not be deemed to form any part of the context or affect the interpretation of these Terms and Conditions.
1.2.2 The singular includes the plural and vice versa
References to each gender include every other gender.
The use of the words including, includes and include followed by a list of items or matters does not in any way limit the generality of the subject matter which precedes them or to which they refer.
References to a statute include references to regulations, orders, codes and notices made under or pursuant to such a statute and references to a statute or regulation include references to all amendments to that statute or regulation passed in substitution for the statute or regulation referred to.
An agreement, representation, warranty or indemnity on the part of or in favour of two or more persons binds or is for the benefit of them jointly and severally.
If a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day.
Use of StyleYou Online Shopping Site
This site is provided by StyleYou subject to the following terms and conditions.
StyleYou reserves the right to make changes to these terms and conditions from time to time by posting the revised terms and conditions on the site.
These terms and conditions govern the use of the site. In addition from time to time you agree that you are subject to any additional posted guidelines, rules, terms and conditions are incorporated by reference into these terms and conditions. Your access to and use of this site is subject to these terms and conditions and by using this site you covenant that you have read, understood and agreed to the terms and conditions and agree to be bound by them. If you do not agree to these terms and conditions, you may not use the site.
StyleYou may at its absolute discretion modify or discontinue, temporarily or permanently, the site, any Factories registered to sell their Products on the site, or any Products offered through the site in whole or in part and with or without notice to you.
You agree that StyleYou, the company, and/or any related company will not be liable to you or any third party, for any modification, suspension, or discontinuance of the site after such changes will indicate your acceptance of such changes. If you have any questions regarding the meaning or application of these terms and conditions, please contact us by emailing info@styleyou.co.nz
These terms and conditions shall prevail over any and all other documents.
Registration
Registering with the site is free. You must be at least 18 years old to register. By registering, you warrant to us that you are at least 18 years old.
StyleYou has the absolute discretion to refuse the registration application of a potential customer for any reason whatsoever.
No costs are payable to register to use StyleYou Online Shopping, including any charges imposed by your internet service provider.
StyleYou may at its absolute discretion suspend or terminate the registration of any customer for any reason whatsoever.
Security of information
StyleYou will use its reasonable endeavors to prevent any unauthorised entry into StyleYou Online Shopping. However, StyleYou will not be liable for any direct of indirect damage or loss whatsoever if any third party gains unauthorised access. Safe payment systems: StyleYou uses Paypal to securely authorise credit card payments before any charges are made. For further information regarding Paypal and how it encrypts and processes transactions, please visit www.paypal.com
Site Content
While StyleYou has endeavored to ensure that the information provided on the site is free from error, StyleYou does not warrant its accuracy, adequacy or completeness and StyleYou shall not be responsible or liable for any error in, or emission from, the information provided on the site.
StyleYou reserves the right to make changes to the information provided on StyleYou Online Shopping at any time and without notice.
Warnings about the use of the site
Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of StyleYou to you as the customer or any other person under or in connection with these terms and conditions, where in connection with these terms and conditions, wherein connection with this site, or your use of or inability to use this site, is excluded regardless of whether such liability arises in contract, tort including negligence), equity, breach of statutory duty or otherwise. StyleYou's liability and responsibility is excluded in respect of any and all loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
Indemnity: you agree to release, indemnify and keep indemnified StyleYou from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with you failure to comply with these terms and conditions, your failure to complete a transaction, or arising out of any content or item made available through the site.
Breach: Without limiting any other rights and remedies available to StyleYou, it may limit your activities on the site, issue a warning to you, suspend or terminate your account, or refuse to provide our services to you if you breach these terms and conditions or where StyleYou considers it appropriate.
Customer's Obligations
You agree not to use StyleYou online shopping for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on StyleYou online shopping for your own personal use but otherwise neither StyleYou online shopping nor any material on it may be altered, modified, reproduced, transmitted or distributed without StyleYou's prior written consent.
You agree not to create a hyperlink to StyleYou shopping without StyleYou online shopping's express written permission. If you do create a hyperlink to StyleYou online shopping, you are responsible for all losses that StyleYou may suffer as a result of that link, whether direct or indirect. Linking to StyleYou online shopping is at your own risk.
You agree not to interfere with any other party's use and enjoyment of StyleYou online shopping or damage the operation of StyleYou online shopping, or StyleYou systems or those or other persons who use StyleYou online shopping, whether by way of a virus, corrupted file, any other software or program or otherwise.
You agree to respect the rights and dignity of others and your use of StyleYou online shopping is conditional on your compliance with the following rules of conduct.
Rules of conduct: you agree not to:
Transmit or otherwise make available through or in connection with the site anything that is or may be threatening, harassing, degrading, hateful or intimidating, defamatory, fraudulent or tortious, obscene, indecent, pornographic or otherwise objectionable or protected by copyright, trademark, trade secret, right of publicity or other propriety rights without the express permission of the owners of such right;
Use of the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
Attempt to steal passwords or credit card information;
Use the site for any fraudulent or unlawful purpose;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights or others including others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about the site users;
Interfere with or disrupt the operation of the site;
Transmit or otherwise make available in connection with the site any virus, worm Trojan horse or other harmful code;
Restrict or inhibit any other person from using the site, including by means of hacking or defensing any portion of the site;
Modify, adapt, translate, revers engineer, decompile or disassemble any portion of the site.
StyleYou Obligations
StyleYou will only enter listings that are accurate, current, complete, and include all relevant information about terms of sale, payment terms, shipping methods and who bears the cost of shipment.
StyleYou will only place listings for items that exist and are to be sold. StyleYou will not list items that are not legally entitled to sell or that are not in their possession.
Price
You must pay StyleYou for the Products ordered at the price displayed on the site at the time the order is submitted. No adjustments will be made if the price of any Product ordered increased or decreased between the time the order is submitted and the time when the Product is delivered.
StyleYou may vary the prices of the Products at any time without notice.
The prices of Products are displayed in New Zealand currency.
All prices are quoted inclusive of GST freight will be added to the quoted price and the customer is responsible for all taxes, duties and insurance for the goods.
Payment
You are liable for every order made under your login.
You must pay StyleYou for the Products ordered by credit card. StyleYou online shopping does not accept eftpos, cash, cheque, voucher or any other form of payment.
Of your credit card is declined by the StyleYou financial institution (default), delivery of the order will not be made, and StyleYou will contact you to make alternative payment arrangements.
StyleYou reserves the right to refuse to accept payment from any particular customer by credit card for any reason whatsoever.
StyleYou may change at any time the way in which a customer pays for Products, and any change will by notified to the customer prior change coming into effect.
Payment must be for the full amount as stated on the invoice and must not have deductions for bank fees incurred by the customer. Payment must be made in the currency stated on the invoice.
If you are invoiced an incorrect amount, StyleYou will refund you the necessary adjustment to reflect the correct amount that should have been invoiced.
You are liable for all costs associated with debt collection where you default in payment for any order.
Delivery
Delivery occurs when the Products are delivered to the delivery point, at which time responsibility for loss, breakage, and damage passes to you.
You must ensure that the delivery point is easily accessible and that it is safe to enter your premises in order to complete the delivery.
Every effort will be made to fulfill orders placed with StyleYou online shopping, StyleYou will not be liable to any person if it is unable to or decline to supply a Product for any reason whatsoever.
StyleYou reserve the right to limit quantities ordered by, or delivered to customers. If a customer's order is reduced in accordance with this clause, the price is payable by the customer for that order will be adjusted accordingly.
StyleYou may delay dispatch or orders if the Products requested are not in stock.
You may not refuse to accept delivery of the Products after they have been dispatched.
StyleYou reserves the right to deliver the Products in installment. Any dates quoted by StyleYou for delivery are approximate only and do not form part of any contract. StyleYou will use their best endeavors to deliver the Products by the quoted date, however will not under any circumstances, be liable for any costs, expenses, damages or loss of profits incurred by you as a result of a delay in delivery.
There is a $10.00 charge for postage and handling anywhere in New Zealand.
StyleYou is happy to chip to international customers. Delivery charges will vary when shipping to another country. Shipping rates will automatically be added for orders from Australia, United States and the United Kingdom. Please include the items and sizes you are interested in along with the country you would like them sent to. Customers will be responsible for paying duties and taxes that may be applicable.
Incorrectly or Undelivered Products
If any Product does not correspond with a Product ordered, you may:
Keep the incorrectly delivered Product, in which case no adjustment will be made to your payment for the order containing the incorrect Product; or
Give written notice to StyleYou within seven days after delivery that the goods do not comply with the relevant specifications or description.
Unless you comply with the clause above, the goods are deemed to have been accepted in food order and condition.
If you reject the Product in accordance with clause 12.1.2 above, StyleYou will, at your request, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date in which the product was ordered).
No return of Products will be accepted unless StyleYou has previously agreed in writing. If StyleYou agrees to the return of Products, a full credit will only be given if the goods are unsoiled, undamaged and in reasonable condition. Goods returned must be adequately packed and dispatched, freight pre-paid to StyleYou at PO Box 410, Christchurch, New Zealand.
If you have been charged for a Product that has not been delivered and the Product is in stock, StyleYou will, at your request, deliver that Product at no extra charge. Alternatively, you may cancel the order of such Product or if the Product is out of stock, StyleYou may cancel the order for that Product (in each case without incurring any cancellation fee). StyleYou will refund the value of the relevant Product (as at the date on which the Product was ordered).
Returns and exchange policy for all Products StyleYou believes in the quality of its Products. If you are not fully satisfied for any reason with your purchase please return the unworn and unaltered item(s) in the original condition and with all tags attached within 30 days of its arrival for a refund or exchange.
When StyleYou receives the returned Products, it will either credit the original form of payment, issue a credit or exchange for desired items. Shipping fees are not refundable. Returns will be processed within 7 business days after we receive the returned Product. Exchanges will be processed within 7 business days after StyleYou receives the returned Product.
Returned/Exchange Instructions - Please return the invoice that is included with your shipment. Send the Products you are returning to the address found on the form. If you cannot find the form, email StyleYou for instructions. We are not responsible for lost returns. It is strongly recommended that you track your return.
Once StyleYou receives the returned Products, it will notify you via your email address and record on the refund or exchange. If the selected exchange item is not in stock in the size/colour selected, we will email to notify you of that fact.
Property and Risk
Property and risk in the Products will pass to you upon delivery to the Delivery Point. You must keep your login details safe and confidential at all times.
Admonitions for international use
Recognising the global nature of the internet, you agree to comply with all local laws and rules regarding online conduct and acceptable content, Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from New Zealand.
Ordering procedure
StyleYou will only accept orders on evidence of a correctly completed order form. This can be emailed or forwarded through the site.
StyleYou reserves the right not to accept any order.
The customer cannot cancel an order after the order has been submitted.
Warranty
All representation, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law.
StyleYou makes no warranty or representation that:
The Product will meet your requirement;
The Product will be timely, secure or error free;
The results that may be obtained from the use of the Product will be accurate or reliable;
The quality of any Products, services, information or other material purchased or obtained by you through the site will meet your expectations; and
No advice or information, whether oral or written, obtained by StyleYou or through or from the site will not create any warranty or other obligation not expressly stated in these terms and conditions.
You must ensure that the Products are not used for any purpose for which they are not suitable and well be responsible for using all necessary skill and care in handling and using the Products.
You expressly acknowledge and agree that all such Products are accepted by you entirely at your own risk.
Consumer Guarantees Act
You acknowledge that where the Products are ordered for business purposes (as the term "business" is defined in the CGA), the provisions of the CGA will not apply for the sale of the
Products by StyleYou
You agree that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA and all provisions of these terms and conditions must be read as modified to the extent necessary to give effect to that intention.
Links and linking policy
The site may provide links to other internet websites and resources. Because StyleYou has no control over such sites and resources, you acknowledge and agree that StyleYou is not responsible fir the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, Products or other materials on or available through such sites or resources. Other websites may provide links to this site with or without StyleYou's authorisation.
You acknowledge and agree that StyleYou does not endorse such sites and will not be responsible or liable for any loss or damage caused by or in connection with any links from those sites to this sit for any content, advertising, Products, or other materials available or or through such other sites, or for any loss or damages caused by using or relying on any such materials.
Intellectual Property
All rights, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to StyleYou online shopping and its contents is owned by and must at all times remain the exclusive property of StyleYou, its licensors and the providers of any Product and services accessible through angienz online shopping and is protected by new Zealand and international law. Nothing is these terms and conditions shall constitute any license of intellectual property rights to the customer.
Force Majeure
If the performance by StyleYou of its obligations under these terms and conditions is prevented by reason of "force majeure" (which includes prevention occasioned by fire, casualty, accident, act of god, natural disaster, any law, order, proclamation, regulations, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour, lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures or other causes whatsoever whether similar to the foregoing or not beyond the reasonable control of StyleYou), StyleYou will be excused from any such performance to the extent of such prevention.
Governing Law
New Zealand law governs the use of the site and these terms and conditions.
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