ARLETTE GROUP LIMITED – TERMS AND CONDITIONS

1. Introduction

1. This website (Site) is operated by Arlette Group Limited (NZCN 8301940) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2. Use of the Site

1. You accept these Terms by placing an order via the Site.
2. You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
3. Where you are under 18 years old (a Minor), you must obtain parental consent to use the Site and/or place an order for products through the Site. If you are a parent or legal guardian permitting a Minor to use the Site, you agree to:
   1. supervise the Minor’s use of the Site;
   2. assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site;
   3. ensure all information submitted to us by the Minor is accurate; and
   4. provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
4. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
   1. anything that would constitute a breach of privacy or other legal rights;
   2. using the Site to defame, harass, threaten, menace or offend any person;
   3. using the Site for unlawful purposes;
   4. interfering with any user of the Site;
   5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
   6. using the Site to send unsolicited electronic messages;
   7. using data mining, robots, screen scraping or similar tools; or
   8. facilitating or assisting a third party to do any of the above acts.

3. Accounts

1. You may purchase products without an account or choose to create one to review your order history and save delivery details.
2. You must ensure that any personal information you give to us is accurate and up to date. All personal information will be treated in accordance with our Privacy Policy.
3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account.

4. Orders

1. You may order products as set out on the Site. By placing an order, you agree to pay the listed price (including fees and taxes).
2. We may accept or reject an order at our discretion. A binding agreement is formed once we accept an order.
3. You are responsible for checking product details, delivery address, and pricing before submitting your order.
4. Upon successful payment, we will email you a confirmation with details of your order.
5. All purchases are subject to availability. We aim to keep product listings updated.
6. We may cancel an order before delivery for reasons such as unavailability, delays, or errors on the Site.

5. Price and Payments

1. You must pay the full price plus any delivery charges in accepted currencies. GST will be shown separately where applicable.
2. Payment must be made upfront via available methods on the Site.
3. You must not use fraudulent means for payment. You warrant authority to use your payment method.
4. We may use third-party processors (e.g. Stripe, PayPal). Their terms also apply.
5. We do not store card details. Payment info is handled by our processor.
6. You may incur duties/taxes. We do not cover these.
7. Promotional codes may be offered.
8. Codes must be entered at checkout.
9. Promotions and competitions are subject to separate terms available at time of offer.

6. Delivery, Title and Risk

1. We deliver to locations listed on the Site. Contact us for delivery options if outside listed areas.
2. Products are typically dispatched within 7 days unless stated otherwise.
3. Delivery methods vary. You may need to sign on delivery. If no one is present, we may leave the item.
4. Title passes only upon full payment. You must not encumber the goods before title passes.
5. Risk passes upon delivery to the address provided.

7. Exchanges

1. We offer exchanges for products damaged in transit, at our discretion, subject to stock availability and evidence provided.

8. New Zealand Consumer Law

1. We do not accept returns for change of mind. Consumer Law rights may still apply.
2. These Terms do not affect your statutory rights. Goods come with guarantees under New Zealand Consumer Law.
3. You must cover the cost of returning items when claiming under Consumer Law.
4. Valid claims may result in refund, repair, or replacement, including return shipping.

9. Limitations

1. Subject to Consumer Law:
   1. Neither party is liable for Consequential Loss;
   2. Liability is reduced proportionally where the other party caused or contributed to the loss;
   3. Our liability is limited to the price paid for the product involved in the claim.
2. Site content and product materials are for general info and not medical advice. You should consult professionals as needed.

10. Intellectual Property

1. All intellectual property remains with us.
2. You may use our IP for personal, non-commercial use only.
3. You may not use our IP for commercial gain.
4. Without written consent, you must not:
   1. copy our IP;
   2. reproduce or distribute our IP;
   3. create derivative works or embed our IP elsewhere.
5. You may share our IP on social media if:
   1. you don’t claim ownership;
   2. you don’t imply endorsement by us;
   3. our reputation is not harmed;
   4. you comply with these Terms.

11. General

1. Disputes: Parties must first attempt informal resolution. If unresolved, mediation is required before court action.
2. Notices must be in writing and sent to the contact details provided.
3. Privacy: We comply with the New Zealand Privacy Act 2020.
4. Force Majeure: No party is liable for events outside their control, provided reasonable notice is given.
5. Feedback: Send concerns or complaints to our contact info.
6. Assignment: You may not transfer rights under these Terms without our written consent.
7. Amendments: We may change Terms by updating them on the Site. The version at time of order applies to that order.
8. Governing Law: New Zealand law governs these Terms. Courts of NZ have jurisdiction.
9. Third Party Sites: We are not responsible for third-party content or purchases via external links. We may receive referral benefits.

12. Definitions

1. Consequential Loss: Includes loss of profit, business, opportunity, goodwill, data, etc. Payment obligations do not constitute Consequential Loss.
2. Force Majeure Event: Events outside a party’s reasonable control.
3. Liability: Any legal responsibility or claim under contract, tort, equity, etc.

For any questions and notices, please contact us at:
Arlette Group Limited (NZCN 8301940)
Email: Support@arlettegroup.com
Last update: 31 October 2023
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