Terms And Conditions
Welcome to the Karen Farley website www.karenfarley.co.nz (or the “Website”), the Website from which you are able to purchase Karen Farley branded products (the “Product(s)”). The Products sold on the Website are provided to you by Karen Farley Group Limited (“Karen Farley”, “We”, “Our” or “Us”). Karen Farley Group Limited is a company registered in New Zealand (company number 1674569) with our registered office located at Level 3, 187 Broadway, Newmarket, Auckland, 1023, New Zealand. If you have any questions relating to the use of the Website, an order you have placed, or about Karen Farley, please contact our Customer Services team,
By email: firstname.lastname@example.org
By phone: 64 9 9484879 (between 9am and 5pm)
By post: Karen Farley, PO Box 95205, Swanson, 0653, New Zealand
ABOUT THESE TERMS AND CONDITIONS
1. Acceptance of terms
These terms and conditions (“Terms”) are the Terms on which We sell the Products to you. Please read these Terms carefully before ordering any Products. These Terms are available on Our Website listed under “Terms and Conditions”. These Terms are only available in the English language. These Terms may be changed from time to time where it is necessary for Us to do so for legal or regulatory reasons. The Terms applicable to any Order from the Website are those that you agree to when placing your Order. We therefore recommend that you check and read these Terms regularly as when using the Website after any such amendment of the Terms, you are deemed to have agreed to the amended Terms. We may change these Terms at any time, so please do not assume that the same Terms will apply to future orders.
2. The ordering process and order confirmations
When you place an Order with Us through Our Website, you are making an offer to Us to buy the Product. We will send you an email acknowledging receipt of your Order, at which time we will deduct the quoted funds from your credit/debit card. Or you may opt to make payment to Us by bank transfer. Please note, however, that this acknowledgement of receipt of your order does not constitute acceptance of your Order by Us. The contract for purchase of the Product is only formed when we have confirmed that we are able to fulfil your order, either in its entirety or partially, and we send you an email confirming your Order. If a Product you wish to purchase is no longer available, We will make contact with you either by email or telephone as soon as possible. Where this is the case, you will be reimbursed for the unavailable Product, and will be given the option to request that We inform you of the future availability of the product via email. An Order is placed on our Website by adding a product to the shopping cart and proceeding through the checkout process. You will be required to provide us with delivery details, enter payment information and submit your Order. Once the checkout process has been completed, you will be presented with a confirmation page, which includes full details of your Order, that you are able to print out as evidence of the receipt of your Order. We will also send you an email confirming the receipt of your Order. By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and Us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address. We reserve the right to refuse or cancel any Order that we believe, solely by our own judgement, has been placed for commercial purposes (such as a commercial reseller). We also reserve the right to refuse or cancel any Order that we believe, solely by our own judgement, to have been placed fraudulently. We also reserve the right to limit the number of a particular item a customer can purchase in a single transaction.
3. Payment options
Products displayed on the Website can be purchased using Visa, MasterCard, American Express or your debit card through our secure online transaction facility. Or you may opt to make payment to Us by bank transfer.
4. Payments with a credit card/debit card
When you place your order on the Website using a credit card or debit card the funds are deducted immediately. If a Product you wish to purchase is no longer available, We will make contact with you either by email or telephone as soon as possible and you will be reimbursed for the unavailable Product. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, We will not accept your Order and We will not be responsible for any delay or non-delivery and We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of Our processing of your credit/debit card payment in accordance with your Order.
5. Website and credit card security
We would like you to have a safe and secure online shopping experience. All transactions made on the Website are protected by the latest security mechanisms and are only used for the purpose of transaction fulfilment. The Website secures and processes your private information using a SSL (Secure Socket Layer) Certificate protocol whereby sensitive information is encrypted to protect your privacy. We do not store cardholder information. For security purposes certain transactions may require proof of identification.
Prices on the Website are displayed in New Zealand Dollars and are inclusive of New Zealand sales tax (Goods and Services Tax, or GST, at 15%) and all transactions are conducted in New Zealand Dollars. Delivery charges vary according to delivery method and delivery address and are presented at the checkout. The price of a Product is the price stated on the Website at the time you place your order, except in the case of obvious error. We try and ensure that all prices on Our Website are accurate but errors may occur. If We discover an error in the price of a Product you have ordered before formation of a contract between Us in accordance with (2.) above of these Terms, We will inform you as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If you cancel, your credit card will be reimbursed. The total cost of your Order is the price of the Products ordered plus any applicable delivery charges. We will let you know the total cost of your Order (including delivery charges if you are placing an order from overseas) at the checkout. Please note that product prices may change over time and the prices payable are those on the Website at the time of Order.
We will send your invoice/receipt within the Order confirmation email We send you.
Access to the Website members area is by invitation only, during specified periods.
8. Overseas Orders
All prices include New Zealand sales tax or GST, see (6.) above. Except for GST, prices do not include import fees, duties, tariffs, taxes or other import charges which may be payable in respect of orders to be delivered outside of New Zealand. You will be responsible for any fees, duties, tariffs, taxes or other import charges which are payable in respect of orders to be delivered outside of New Zealand. The actual price that you are charged on your credit card or debit card will depend upon the exchange rate used by your bank or credit or debit card provider at the time of purchase, as well as any other fees or charges that your bank may apply. We accept no responsibility or liability for the actual amount you are charged by your bank or credit or debit card provider. There is a delivery charge of NZ$20.00 for Australian orders and NZ$30.00 for all other overseas orders with no tracking service provided. Karen Farley Group Limited will not be held responsible for Orders lost while in transit by 3rd party international delivery companies.
We always endeavour to ensure that any Order is dispatched within a reasonable period of time after you place your Order — normally within 1 to 2 working days, in any event not more than 5 working days, beginning on the day We confirm your order. If We are unable to dispatch the Product within that time We will email to let you know and to give you an estimated dispatch date. In these circumstances you have the right to cancel the Order and receive a full refund. You will receive an email confirming that your order has been dispatched. This email will include your order tracking number unless you have a rural delivery address or require delivery outside of New Zealand. To ensure successful delivery, please ensure that you provide accurate details of a delivery address (including any business name, if delivery is to a work address) where someone will be present during business hours to sign for the receipt of your package. We are unable to change any delivery details once an order has been dispatched. Within New Zealand, all Orders (except rural delivery) are delivered by Courier Post and are tracked. Customers can view the tracking service for their Order on the Courier Post website. Delivery time is normally 2 to 4 days. Delivery time is normally 2 to 6 days for rural deliveries. Delivery within New Zealand is free. We do not accept any liability for any delays in the delivery of any Order once it has been dispatched. Internationally, delivery times vary according to destination and international delivery service providers. There is a delivery charge of NZ$20.00 for Australian orders and NZ$30.00 for all other overseas with no tracking service provided. Karen Farley Group Limited will not be held responsible for items lost while in transit by 3rd party international delivery companies. If your order does not arrive within the specified time-frame, please contact us by phone on 64 9 9484879 or by email at email@example.com. To ensure that we are able to assist you as quickly as possible, please include your order number in any correspondence. As soon as the Product is delivered to your specified delivery address for the relevant order, the property and risks to it will pass to you and you are then responsible for the Order. We want you to be happy with your purchase from Us. If you are unhappy with the Product in any way, please contact our Customer Services team by email at firstname.lastname@example.org or by phone on 64 9 9484879 as soon as possible.
10. Cancelling or changing your Order
You are able to cancel or change your Order if it has not been dispatched. You will need to contact our Customer Services team by phone on 64 9 9484879 or by email at email@example.com to find out the status of your order and to cancel your order.
11. Returns policy
Within New Zealand, Karen Farley complies with the Consumer Guarantees Act 1993. If unwanted goods are returned unopened within 14 days, an exchange or full monetary refund to the customer will be made. Other refunds are made at the discretion of Karen Farley Group Limited. In all other countries local consumer guarantees apply. To receive a full monetary refund, the following conditions apply: i) You must inform Us of your decision to return the Product to us by a clear statement prior to the end of the 14 day period, either by email at firstname.lastname@example.org or by phone on 09-9484879. ii) You must have taken reasonable care of the Product prior to return. In particular this means that you should not have used the Product and any protective packaging should not have been removed. Please note that, unless they are faulty, you do not have the right to return Products which are sealed for health protection or hygiene reasons where their packaging is unsealed or any protective strip has been removed or damaged. This means that it will not be possible for Us to accept the return of any Product where the protective seal has been removed. iii) You must return the Product in suitable packaging to ensure it reaches Us in good condition. In order to ensure the Product reaches us in good condition, in accordance with these Terms, We recommend you use the original packaging that you received the Product in to return it to Us.
12. Faulty product
Within New Zealand, Karen Farley complies with the Consumer Guarantees Act 1993. Any Product We send you should meet its description on the Website and be fit for purpose. If, however, a Product is faulty or does not meet the description given on the Website at the time you placed your order, please contact Our Customer Services team as soon as possible either by email at email@example.com or by phone on 64 9 9484879 to discuss your options. Within New Zealand, if a product is faulty, We will send you a prepaid courier bag for returning the Product to Us and We will either replace the Product or refund the purchase price. Please note that We do not refund any costs incurred by you should you chose to return the Product in person. Outside of New Zealand, We will either replace the Product or refund the purchase price. We will make any reimbursements without undue delay and not later than 14 days after the day We receive back from you any Products supplied, or (if earlier) 14 days after the day you provide satisfactory evidence that you have returned the goods. We will make such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
13. Product images and colours
Every effort has been made to ensure that the images for Products displayed on the Website are as accurate as possible. However, Karen Farley cannot guarantee that images exactly represent actual Products or packaging. In particular, the colours you see when using the Website depend on the monitor or display interface you are using. We therefore cannot guarantee that colours you see will be a completely accurate representation of actual Products or packaging. We are continuously working to improve the Website and reserve the right to change product images at any time without prior notice.
14. Your responsibilities when you use the Website
You confirm that:
i) you are over 16
ii) all information and details provided by you to Us are true, accurate and up to date in all respects and at all times;
iii) you are the holder of a valid credit or debit card, when you select to make payment by this option;
iv) you will not use the Website for any unlawful purpose;
v) you will not access or attempt to access the accounts of other users or penetrate or attempt to penetrate the Website’s security measures.
vi) you will not use the Website and any Product you purchase on it for any purpose other than your personal use;
vii) you will not resell any Products.
We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if We have reasonable grounds to believe you have breached any of these restrictions. This shall not limit Our right to take any other action against you that We consider appropriate to defend Our rights or those of any other person.
15. Accessing the Website
Other than connecting to the Website by HTTPS requests using a web browser, you may not gain access to the Website servers. You agree not to disrupt, modify or interfere with the Website and its associated software, hardware and servers in any way. You also agree not to modify any content or service on the Website. Furthermore, you agree not to use Our Website in any inappropriate or unlawful way.
16. Intellectual property
Karen Farley Group Limited owns all intellectual property rights in relation to the Products and the Website as a whole and its content, including but not limited to the compilation, design and layout of the Website and all intellectual property on the Website, including without limitation any trade marks, text, graphics and copyright. We welcome the use of the Website for personal, non-commercial use. However, use of the Website and its Contents grants you no rights in relation to the intellectual property in the Website. You may not copy, reproduce, duplicate, modify, edit, republish, download, post, broadcast, record, transmit, sell, exploit, or distribute any part of the Website or its Content without Our prior written consent. You are not permitted to use the Website for commercial use and/or purposes. When you use the "Share" function on the Website in order to share information from the Website via social media platforms (such as Facebook, Instagram and Twitter), you acknowledge and agree that you will be sharing this content solely for personal use and/or purposes. Your use of the Website and/or its Content must not in any way cause damage to the Site and its ability to function (including but not limited through the use of data gathering and extraction tools) nor prejudice or damage the reputation of Karen Farley Group Limited or its Products. The purchase by you of the Products from the Website does not entitle you to alter the nature of or re-purpose the Product and resell the same. The resale of re-purposed or altered Product may infringe the rights of Karen Farley. Use of Our intellectual property other than that permitted under this section may infringe Karen Farley Group Limited’s rights in the Website and We reserve the right to take any appropriate legal actions to protect such rights.
17. Links from other websites
You may establish links to the Website provided you stop providing links to the Website immediately if We require you to. Other third party websites providing links to the Karen Farley website must acknowledge that:
i) these websites are not under Our control and We therefore cannot exercise any control over the content of such websites.
ii) the inclusion of a link to the Website does not imply any endorsement of the material contained in such websites nor any association with their operators. We will not be party to any transaction or contract with a third party that you may enter into via such website links; and you agree that you will not involve Us in any dispute between you and the third party.
Our Website is intended to provide general information about Karen Farley and the Products we offer, including making purchases via our Website and registering on our database to receive promotional communications from us. Whilst we endeavour to provide accurate information on this Website, errors and omissions may occur. We do not accept any liability to you or any third parties for any loss or damage which may directly or indirectly result from your use of the Website or your access to, or inability to access, the Website. This includes viruses alleged to have been obtained from the Website and your reliance on any advice, opinion, information, representation or omission (whether negligent or otherwise) contained on the Website. By using the Website, you agree that you are using the Website at your own risk and that you are solely responsible for the actions you take in reliance on the content displayed on, or accessed through, the Website. Karen Farley reserves the right to make changes to the content on the Website (including removing or moving any of the material on the Website) at any time and without notice.
If you breach these Terms and We take no action against you, We will still be entitled to use Our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms are not intended to give rights to anyone except you and Us.
20. Complaints and disputes
We will do our best to resolve any disputes in relation to these Terms. If you wish to take court proceedings against Us you must do so within New Zealand.
We recognise the importance of protecting the privacy of all consumers who visit the Website. We do not share your personal details with any other third party that is not related to your purchase or delivery (for example, at times it is necessary for Us to share your name and delivery address details with Our delivery partners). If you prefer not to receive information from us, please send us an email at firstname.lastname@example.org. Please include your name and email address and any message. You can also utilise the unsubscribe link on our marketing emails. Please note that any requests may take up to six to eight weeks to become effective.
22. Force Majeure
Karen Farley will not be responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which was beyond our reasonable control.
23. Governing Law and Jurisdiction
These Terms are governed by, and are to be interpreted in accordance with, the laws of New Zealand and are subject to the exclusive jurisdiction of the courts of New Zealand.