Terms & Conditions

Please read the following Terms & Conditions carefully. These terms govern your use of this website.  Using this site constitutes your agreement to be bound by and to act in accordance with these terms.

  • 1.
    The following Terms & Conditions (“Terms”) governing your use of this website (the “Site”) If you continue to browse and use this website, you are agreeing to comply with and be bound by our terms and conditions of use. The Terms set out below, together with our Privacy Policy govern Tolaga Bay Cashmere’s relationship with you, in relation to this website. Tolaga Bay Cashmere reserves the right to change the Terms at anytime. Any such changes will be posted on this Site and you agree to be bound by such changes.
  • 2.
    All images, text, design and graphics on this website are owned by Tolaga Bay Cashmere. We welcome people sharing our images, but when doing so please ensure you use a correct credit and a link to this site, to avoid any copyright disputes. © Tolaga Bay Cashmere, 2020. All rights reserved.
  • 3.
    This website (the “Website”) is the website of Tolaga Bay Cashmere Company (New Zealand Business Number: NZBN 9429035081722) The terms (“Tolaga Bay Cashmere Company” “we”, “us” or “ our”), refers to the owners of this website, whose registered office and trading address is:

    31 Solander Street
    Tolaga Bay 4077
    New Zealand

    Our email address is: shop@tolagabay.nz. Our GST (Goods and Services Tax) registration number is: 89 637 015. The term ‘you’ refers to the user or viewer of the website.
  • 4.
    Legal Agreement
    This page (together with the documents referred to on it) tells you:

    — 1. the terms on which you may use the Website; and
    — 2. the terms on which we supply to you any of the products (“Products”) listed on the Website.

    By entering the Website, and/or any page accessible on this site, and/or by purchasing Products from Tolaga Bay Cashmere Company through the Website, or dealing with Tolaga Bay Cashmere Company in any way through the Website, you accept and agree to be bound by, without limitation or qualification, the terms and conditions set out below (the “Terms”).

    If you do not wish to be bound by the Terms you should not access or use the Website. If you have difficulty in understanding these Terms or have any queries regarding these Terms, please contact shop@tolagabay.nz

    Tolaga Bay Cashmere Company may modify the Terms on its website in absolute discretion from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
  • Terms & Conditions For Sale Of Goods
  • 5.
    Your order shall constitute an offer to us to purchase the Products specified in the order. At the same time you shall complete an authorisation for us to recover, through your credit or debit card, payments due to us. We may accept or decline the order. Please note that acknowledgement of an order by us does not constitute acceptance of that order or that a contract has been made. We will confirm acceptance to you by email, confirming that the order is accepted and that the Product is ready for or has been dispatched (“Order Confirmation”). We shall at the same time notify you of the identifying number (in these Terms the “Identifying Number”) for your order and you will be required to quote it in any subsequent communications. No contract will be formed between us until we have sent the Order Confirmation.

    We reserve the right at our discretion to decline to accept any order and/or to supply Products to any individual or company. If we decline to accept, or cancel, an order for which we have received payment, we shall refund the payment, but shall have no further liability.

    If you have any difficulty completing an order please telephone +64 (0)6 862 6746.
  • 6.
    Entire Agreement
    Each confirmed order shall constitute a separate contract between us and shall be governed by these Terms. These Terms constitute the entire understanding between us in relation to any Products ordered and supplied through the Website. They supersede any other terms stipulated by you, whether in any order or during negotiations or any course of dealing established between you and us.

    All descriptions, images or illustrations of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Nothing contained in any such description, image or illustration shall form any part of these Terms.
  • 7.
    The prices of the Products shall be as quoted on the Website in $ NZD (New Zealand Dollars) and which we reserve the right to revise from time to time and to honour except in the case of obvious error. All prices on the Website are inclusive of New Zealand GST (Goods and Services Tax) and packing and exclusive of postage/shipping costs for delivery. When converting prices to another currency or when an item is charged to a credit card, a slight price variation of between 2% to 5% may occur due to fluctuating exchange rates and credit card company charges.

    At checkout the price shall include GST which is New Zealand’s Goods and Services Tax. This tax rate is currently 15%. GST will not be itemised on the order at checkout, as prices are inclusive. International customers who purchase our goods from overseas and have the order shipped/exported overseas are not required to pay the New Zealand GST.

    A summary of delivery charges and other relevant information can be found on our Delivery & Returns page.

    The prices of the Products are calculated and displayed in $ NZD (New Zealand Dollars). We also provide the option to show the equivalent price in other currencies at the rate prevailing when the website was last updated. Payment for the ordered Products will be processed by our payment facility in $ NZD (New Zealand Dollars).

    If a pricing error is obvious and unmistakable and could have reasonably been recognised by you as mis-pricing, we are under no obligation to provide any Product to you at an incorrect (lower) price, even after we have sent you an Order Confirmation.
  • 8.
    Your Account
    You can register yourself as a new user on our site and create a customer account. There is no fee for doing so. Once you are a registered user of our site, you may update your preferences on your account at any time. You also have the right to delete this account whenever you wish to.
  • 9.
    Secure Shopping
    When you purchase from tolagabay.com the transactions are processed through Stripe (payment gateway) which stores your credit card data. It is securely encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After it is complete, your purchase transaction information is deleted.

    Please note we only accept the following credit cards for payment:

    • Visa (including Delta and Electron);
    • Mastercard (including Maestro and JCB); and
    • American Express.

    The name that will appear on your bank statement will be Tolaga Bay Cashmere Company. We are a New Zealand registered company.
  • 10.
    Any dispute over the contract or use of this site shall be governed by the substantive laws of New Zealand. The jurisdiction and venue of any such action shall be vested solely in the courts of New Zealand.
  • 11.
    Delivery And Availability
    We shall wherever applicable instruct the postal service or courier of our choice to deliver the Products ordered by you to the delivery address that you have given us.

    All delivery is subject to availability and time shall not be of the essence. If you have requested a specific delivery date (where such option is available to you) we will notify you if it is not possible to deliver on the relevant day and give you a new delivery time. As we process your order, we will also notify you if any Products are not available.

    Risk of loss or damage to the Products shall pass to you at the time of delivery.
  • 12.
    Right To Return Your Order
    You are entitled to return an order for a Product for any reason within 14 days of your receipt of goods. If you exercise this right, you will receive a full refund of the price paid for the Product in accordance with our Refunds Policy (below). To return an order, you must do so in accordance with our Returns Policy and by returning the item by secure post to us at:

    Tolaga Bay Cashmere Returns
    31 Solander Street
    Tolaga Bay, 4077
    New Zealand

    or you may deliver the Product in person to us at our factory shop in Tolaga Bay. (with a completed Returns form).

    When exercising a right to return an order, you must return the Product to us unworn and undamaged within 14 days of your receipt of goods, in accordance with our Refunds Policy (below).

    You are entitled to open the package and inspect the Product after delivery. You must take reasonable care of the Product and not let any items out of your possession. We reserve our right to charge for goods which are damaged or used by you prior to return.

    Your right of return described in this section is in addition to any other right that you might have to reject the Products, for instance because they are faulty or misdescribed.
  • 13.
    Refunds Policy
    There is no need to telephone us when you are sending a returned item and requesting a refund. When you return a Product to us, if you establish to our reasonable satisfaction that any Products are in accordance with these Terms (returns policy) or any other contract between us, or are defective, we will examine the Product and notify you of your entitlement to a refund/replacement within a reasonable period of time.

    We will process any refund due to you within 30 days of the day we receive your return and cancellation of order. We aim to make refunds using the same method as that used by you to pay for your purchase.

    Products should be returned to us within 14 days of the date of your receipt of goods.

    Please note that refunds bought as presents can only be given to the original payer, and if you decide to exchange an item, we are unfortunately not able to prevent the original payer from being aware of the exchange.

    We will only provide refunds and exchanges on full price merchandise and not discounted items in the Sale.

    Refunds are available on the following basis:

    • Where you have validly returned a Product under your right to return and cancel the order as described above, we will refund the full amount paid by you for the Product. You will be responsible for returning the Product to us at your own cost.
    • Where you have validly returned a Product to us because it is defective or for some other reason for which we are responsible, we will refund the full amount paid by you for the Product and reimburse the reasonable cost incurred by you in returning the Product: and
    • Where you have returned a Product in any other circumstances (which includes rejecting a defective Product more than a reasonable time after receipt), any refund will be at our discretion. If we do agree to provide a refund, we will not reimburse the cost incurred by you in returning the Product.

    When returning any Product to us, you must take reasonable care to ensure that they are received by us in good condition and not damaged in transit. We recommend that you send returns by a secure trackable method such as a ‘signed for’ registered post. We recommend you always retain proof of postage. We are not liable for any goods you ship that go missing in the post.

    Returns should be sent to us by:

    • Posting the Product back to us along with a completed Returns form (Click to download) and using the Returns label provided in the delivery package (or if you no longer have your Returns label - post to: Returns, Tolaga Bay Cashmere, 31 Solander Street, Tolaga Bay, 4077, New Zealand stating your account name/number if you have one and your order number ; or by
    • Bringing the Product in person to our Factory & Shop in Tolaga Bay along with a completed Returns form.
  • 14.
    Following purchase and receipt of goods, occasionally during everyday wear, a garment may unintentionally snag and a small hole appear, requiring a repair. We will do this repair for you free of charge, provided it is a reasonable request (not severely worn, soiled or damaged items) and is technically possible to do it. Due to the nature of knitwear’s fine construction, we are unable to create invisible repairs, but will do our best to achieve a good finish and hopefully extend the life of your garment for many more years.

    You will need to send your garment to us, paying for your own shipping costs, together with a brief note of the problem. We recommend that you ship your garment by a secure trackable method such as a ‘signed for’ registered post. We recommend you always retain proof of postage. We are not liable for any goods you ship that go missing in the post.

    For international customers please remember to complete all shipping paperwork as required by the courier / customs, marking the shipment ‘Repairs’ and declaring the value of the goods. This will help avoid delays to the shipment and the goods being subject to customs duty, as we are not responsible to pay these charges and the shipment may be returned to you.

    All repairs must be sent to;

    Repairs Department,
    Tolaga Bay Cashmere
    31 Solander St,
    Tolaga Bay, 4077
    New Zealand

    Tel + 64 6 862 6746
  • 15.
    Customer Services
    If you have any comments with regard to the service you have experienced in placing orders on, or using, this Website, please contact us:

    Email: shop@tolagabay.nz

    Post: Tolaga Bay Cashmere, 31 Solander Street, Tolaga Bay, 4077, New Zealand

    Please note that orders for Products on our Eshop cannot be placed via Customer Services.
  • 16.
    We do not sell products for purchase by children. If you are under 18, you may use this Website only with the involvement of a parent or guardian.
  • 17.
    Tolaga Bay Cashmere Company will only be responsible for any losses you suffer as a result of our breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the Website, or if a contract for the sale of goods by us to you was formed. We will not be responsible for any economic or business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or for any indirect or consequential loss that was not reasonably foreseeable to both you and us when you commenced using the Website or when a contract for the sale of goods by us to you was formed. Tolaga Bay Cashmere Company does not limit in any way our liability for death or personal injury arising from a negligent act or omission on our part.
  • 18.
    Your Statutory Rights
    Nothing in these Terms shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact a solicitor or your local Citizens Advice Bureau or refer to the website of the New Zealand Commerce Commission for Fair Trading.