Terms and Conditions

  1. Acceptance 
    1. This website (Site) is operated by SWMMRS Ltd NZBN 9429047400801(we, our or us) and may be available through other addresses or channels. 
    2. By accessing and/or using the Site you:
      1. warrant to us that you have reviewed these terms and conditions, including our Website Terms of Use (available on the Site) (Terms) and you have read our Privacy Policy (available on the Site); 
      2. warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
      3. agree to use the Site in accordance with the Terms.
    3. You must not place an order for products through the Site unless you are at least 13 years old. 
  2. Registration
    1. You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history and save your contact and delivery details. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
    2. When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details and if you choose to create an account, you will choose a username and password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
  3. Orders
    1. You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
    2. We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
    3. Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with these Terms.
    4. It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
    5. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
    6. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. 
    7. If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date. 
  4. Price and payments
    1. You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in New Zealand dollars and are inclusive of New Zealand GST (where applicable). We display delivery costs separately from the product price.  
    2. You must pay the Price using one of the methods set out on the Site. You must pay the Price upfront using one of the methods set out on the Site.
    3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
    4. If we offer payment via a third-party payment processor, the payment may be subject to that third-party payment processor’s terms and conditions.
    5. Where you order the products for delivery outside New Zealand, you may need to pay custom charges or taxes in addition to the Price.
    6. We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
  5. Availability and cancellation 
    1. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. 
    2. We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit. Any delivery costs you have paid for the products will be refunded to you. 
  6. Delivery, title and risk
    1. If possible we will deliver the products to the delivery address you provide when making your order. We deliver Australia and New Zealand wide (unless our delivery company does not deliver to your area).  
    2. Delivery costs are set out on the Site. 
    3. We normally dispatch products within 24 to 48 hours of receiving an order, unless otherwise noted on the Site. Products that are available for pre-order only will be dispatched within 2 to 4 weeks of the product becoming available for dispatch by us. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. 
    4. If you need to change the delivery date or delivery address, please notify us immediately in writing. 
    5. We may deliver the products using a range of delivery methods such as New Zealand Post. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.
    6. Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
    7. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.
  7. Returns 

Change of mind returns

  1. Nothing in this clause affects any rights you have under the New Zealand Consumer Guarantees Act 1993 (CGA).
  2. We offer store credit for change of mind where we determine (at our absolute discretion):
    1. you have provided the proof of purchase and you purchased the products within 14 days prior to the request for store credit;
    2. the products are in their original condition and have not been used, worn, damaged, tampered with, washed and/or altered;
    3. the products are in their original undamaged packaging with all product tags still intact;
    4. the products are not sale items; and
    5. a return and exchanges form has been completed. 
  3. We will not cover the costs of delivery for a change of mind return. You must cover these yourself.

New Zealand consumer laws

  1. Our products come with guarantees that cannot be excluded under the CGA. You are entitled to a replacement or refund for a failure of substantial character and, in some circumstances, for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a failure of substantial character. Nothing in these Terms limit the consumer guarantees under the CGA in any way.
  2. You agree and acknowledge that if you are in trade and acquire, or hold yourself out as acquiring, the products for business purposes in terms of section 43(2) of the CGA, then the CGA does not apply and that its non-application is fair and reasonable.
  1. Intellectual property 
    1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with these Terms and the products) will at all times vest, or remain vested, in us.
    2. You must not, without our prior written consent: 
      1. copy or use, in whole or in part, any of our intellectual property; 
      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
      3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
  2. Limitations
    1. Despite anything to the contrary, to the maximum extent permitted by law: 
      1. our maximum aggregate liability arising from or in connection with these Terms (including the products and/or the subject matter of these Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
      2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

  1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:  
    1. loss of, or damage to, the products, or any injury or loss to any person (subject to your rights under the CGA);
    2. failure or delay in providing the products; or 
    3. breach of the Terms or any law,

where caused or contributed to by any: 

  1. event or circumstance beyond our reasonable control; or
  2. act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products. 

    1. Collection Notice
      1. We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy.
      2. We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside New Zealand. 
      3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 
      4. By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
    2. General
      1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). 
  • Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
  • Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 
    •
  • Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
      1. Photographs: If you provide us with photographs of the products including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
      2. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
      3. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
      4. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. 
      5. Entire agreement: These Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
      6. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
      7. Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand. The Site may be accessed in New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. 

     

    For any questions and notices, please contact us at:

    SWMMRS Ltd NZBN 9429047400801

    Email: sophie@swmr.co 

    Last update: 12 November 2021

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