Terms and Conditions
In these terms and conditions, "we" "us" and "our" refers to
East Day Spa. Your access to and use of all information on this
website including purchase of our product/s is provided subject to
the following terms and conditions.
We reserve the right to amend this Notice at any time and your
use of the website following any amendments will represent your
agreement to be bound by these terms and conditions as amended. We
therefore recommend that each time you access our website you read
these terms and conditions.
Members
1. In order to access the services provided on this website, you
must become a member. You must complete registration by providing
certain information as set out on our membership/registration page.
Please refer to our Privacy Policy linked on our home page for
information relating to our collection, storage and use of the
details you provide on registration.
2. You agree to ensure that your registration details are true and
accurate at all times and you undertake to update your registration
details from time to time when they change.
3.On registration, we provide you with a password and password. On
registration you agree to pay for our services as set out on our
website. 4.We reserve the right to terminate your membership at any
time if you breach these terms and conditions.
Our Website Services
5. Our services are provided to adults over the age of eighteen
(18) years. By proceeding to purchase through our website, you
acknowledge that you are over 18 years of age.
6. All prices are in New Zealand Dollars (NZD) and are inclusive
of GST. We endeavour to ensure that our price list is current. Our
price list can be accessed from our home page and we reserve the
right to amend our prices at any time. If you have placed an order,
we reserve the right to cancel your order should our prices
change.
Product Descriptions
7. We strive to ensure that our products are described as
accurately as possible on our website, however we do not warrant
that the description is accurate. Where we become aware of any
misdescription, we reserve the right to correct any error or
omission.
8. Images have been provided for illustrative purposes only and we
do not guarantee that any image will reproduce in true colour nor
that any given image will reflect or portray the full design or
options relating to that product.
Product Orders
9. Our products are for sale to adults over the age of eighteen
(18) years. By proceeding to purchase through our website, you
acknowledge that you are over 18 years of age.
10. We endeavour to ensure that our product list is current
however we give no undertaking as to the availability of any
product advertised on our website.
11. All prices are in New Zealand Dollars (NZD) and are inclusive
of GST. Our price list can be accessed from our home page and we
reserve the right to amend our prices at any time.
12. Packaging and postage is an additional charge, calculated at
time of purchase.
13. When you order from us, we require you to provide your name,
address for delivery, your email address, telephone contact and
credit card details. We undertake to take due care with this
information; however in providing us with such information you
accept that we are not liable for its misuse due to error in
transmission or virus or malware. 14. We undertake to accept or
reject your order within Seven (7) days. If we have not responded
to you within Seven (7) days, your offer is deemed to be rejected.
We are not required to give reasons for rejecting your offer to
purchase however the most likely reason for rejecting your offer
will be that we do not currently have that product in stock.
15. Delivery of your ordered product/s will be as set out on our
website. Title in the goods passes to you when we have received
payment. Our terms of payment are set out on the order page.
16. All risk of loss or damage to the goods passes to you when we
despatch the goods.
Product Returns
17. We undertake to reimburse you for any product delivered to
you that is faulty or is in a damaged condition. If you wish to
return a faulty or damaged product, you must notify us through our
designated "contact us" webpage where we set out our requirements
relating to return of such goods.
18. If we are unable at the time of return to replace or exchange
returned goods, we undertake to reimburse your credit card for the
amount initially debited for the purchase including packaging and
postage charges.
19. Once you have notified us through our website that you wish to
return faulty, damaged or undamaged product, you may return the
product to any of our stores throughout New Zealand so long as you
provide valid proof of purchase eg. tax invoice, receipt and/or
packaging slip.
Site Access
20. When you visit our website, we give you a limited licence to
access and use our information for personal use.
21. You are permitted to download a copy of the information on
this website to your computer for your personal use only provided
that you do not delete or change any copyright symbol, trade mark
or other proprietary notice. Your use of our content in any other
way infringes our intellectual property rights.
22. Except as permitted under the Copyright Act 1962, you are not
permitted to copy, reproduce, republish, distribute or display any
of the information on this website without our prior written
permission.
23. The licence to access and use the information on our website
does not include the right to use any data mining robots or other
extraction tools. The licence also does not permit you to metatag
or mirror our website without our prior written permission. We
reserve the right to serve you with notice if we become aware of
your metatag or mirroring of our website.
Hyperlinks
24. This website may from time to time contain hyperlinks to
other websites. Such links are provided for convenience only and we
take no responsibility for the content and maintenance of or
privacy compliance by any linked website. Any hyperlink on our
website to another website does not imply our endorsement, support,
or sponsorship of the operator of that website nor of the
information and/or products which they provide.
25. Linking our website is not permitted. We reserve the right to
serve you with notice if we become aware of such linking.
Intellectual Property Rights
26. The copyright to all content on this website including
applets, graphics, images, layouts and text belongs to us or we
have a licence to use those materials.
27. All trademarks, brands and logos generally identified either
with the symbols TM or ® which are used on this website are either
owned by us or we have a licence to use them. Your access to our
website does not license you to use those marks in any commercial
way without our prior written permission.
28. Any comment, feedback, idea or suggestion (called "Comments")
which you provide to us through this website becomes our property.
If in future we use your Comments in promoting our website or in
any other way, we will not be liable for any similarities which may
appear from such use. Furthermore, you agree that we are entitled
to use your Comments for any commercial or non-commercial purpose
without compensation to you or to any other person who has
transmitted your Comments.
29. If you provide us with Comments, you acknowledge that you are
responsible for the content of such material including its
legality, originality and copyright.
Disclaimers
30. Whilst we have taken all due care in providing the
information on our website, we do not provide any warranty either
express or implied including without limitation warranties of title
or implied warranties of merchantability or fitness for a
particular purpose.
31. To the extent permitted by law, any condition or warranty which
would otherwise be implied into these terms and conditions is
excluded.
32. We also take all due care in ensuring that our website is free
of any virus, worm, Trojan horse and/or malware, however we are not
responsible for any damage to your computer system which arises in
connection with your use of our website or any linked website.
Limitation of Liability
33. To the full extent permitted by law, our liability for
breach of an implied warranty or condition is limited to the supply
of the goods and/or services again or payment of the costs of
having those goods and/or services supplied again.
34. We accept no liability for any loss whatsoever including
consequential loss suffered by you arising from services and/or
product/s we have supplied.
Indemnity
35. By accessing our website, you agree to indemnify and hold us
harmless from all claims, actions, damages, costs and expenses
including legal fees arising from or in connection with your use of
our website.
Force Majeure
36. If a Force Majeure event causing delay continues for more
than Thirty (30) days, we may terminate this Agreement by giving at
least Seven (7) days Notice to you. "Force Majeure" means any act,
circumstance or omission over which we could not reasonably have
exercised control.
Jurisdiction
37. These terms and conditions are to be governed by and
construed in accordance with the laws of New Zealand and any claim
made by either party against the other which in any way arises out
of these terms and conditions will be heard in New Zealand and you
agree to submit to the jurisdiction of those Courts.
38. If any provision in these terms and conditions is invalid under
any law the provision will be limited, narrowed, construed or
altered as necessary to render it valid but only to the extent
necessary to achieve such validity. If necessary the invalid
provision will be deleted from these terms and conditions and the
remaining provisions will remain in full force and effect.
Privacy
39. We undertake to take all due care with any information which
you may provide to us when accessing our website. However we do not
warrant and cannot ensure the security of any information which you
may provide to us. Information you transmit to us is entirely at
your own risk although we undertake to take reasonable steps to
preserve such information in a secure manner.
40. Our compliance with privacy legislation is set out in our
separate Privacy Policy which may be accessed from our home
page.
These Terms and Conditions have been specifically drafted for,
and provided to East Day Spa by LawLive (www.lawlive.co.nz).