Terms & Conditions
Terms & Conditions
- Sales of Goods
- Use of Website
Terms & Conditions For Use Of Website
Intellectual property rightsThe Website, and all the text, information and graphic representations or images on it (“Content”), are owned by, or licensed to us. The copyright and all other intellectual property rights in the Content are our sole and exclusive property of or that of our licensors.
You may view the Website on your computer screen and print its contents on your printer for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.
Without our prior written consent, you may not use, transfer, copy or reproduce any part of the Content, this Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
Using the websiteWherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details. You are not obliged to provide us with any optional information requested.
You agree not to:Impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
Modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
Make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
Damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
Use the Website in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse;
Publish, post, distribute, disseminate or otherwise transmit defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;
Falsify the true ownership of software or other material or information contained in a file made available via the Website;
Obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
No unlawful or prohibited useNo Unlawful or Prohibited Use
You undertake not to use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
You agree to indemnify us, our officers, employees, and licensors in respect of any loss that we or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
Liability disclaimer regarding access to or use of the websiteThese provisions do not deal with liability arising from purchases of Products (for which see the provisions headed “Liability” under the ‘Terms and Conditions relating to sales of Products’ above).
You agree that you use the Website entirely at your own risk.
In preparing this Website, we have endeavoured to offer current, correct and clearly expressed information. However, we cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information.
We make no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. We expressly disclaim all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.
We do not accept any responsibility for any errors or inaccuracies in any advertising material, and which we are not responsible for and we do not endorse the content of any such advertisements.
We shall not be liable for any damages whatever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of this Website, the provision of or failure to provide services, or for any information obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, or otherwise, without limitation, even if we have been advised of the possibility of such damage.
Notwithstanding anything in these Terms, we do not disclaim liability for death or injury caused by its own negligence.
We reserve the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
AvailabilityWe reserve the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice.
Virus protection and compatibilityWhile reasonable precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Website is virus-free and secure.
We shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. We do not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
Links to third party sitesThis Website contains links to websites operated by other people and organisations (“Third Party Websites”). When you activate one of them, you will leave the Website. We have no control over, and will accept no responsibility for or liability in respect of, material on any website that is not under our control.
The inclusion of links to Third Party Websites does not imply any endorsement of the material on them or any association with their operators.
You will not arrange for any Third Party Website to be connected to any part of the Website by way of hyperlink or otherwise without our written consent.
Termination of useWe may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
We consider in our sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
There is a regulatory or statutory change limiting the ability to provide access to the Website;
There is any event beyond our reasonable control preventing us from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures);
MonitoringWe reserve the right to monitor and track your visits to the Website.
GeneralA failure or delay by us in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
Any rights not expressly granted in these Terms are reserved to us.
If we are hindered or prevented from performing its obligations under these Terms for any cause beyond our reasonable control (including but not limited to acts or omissions of providers of telecommunications services or faults in or failures of their networks or equipment) or by reason of our inability to procure services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, we may at our sole option delay the performance of, or cancel the whole or any part of the contract. In that event, we shall not be responsible for our delay or cancellation or any inability to deliver or perform our obligations.
If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms constitute the entire agreement between us as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail transmission in each case addressed to you at the e-mail address you have given us or to us at the e-mail address displayed on the Website.
New Zealand law governs these terms and conditions. You submit to the non-exclusive jurisdiction of the New Zealand courts.
Copyright & trade mark noticesAll contents of this Website are: Copyright 2018 Tolaga Bay Cashmere Company.
Delivery & shippingPlease see our Delivery & Returns policy.
Shipping costsWe do not pass the cost of shipping on to you, the customer. This means we provide Free shipping worldwide. At checkout we will display $0.00 as the itemised shipping cost. If we change this free shipping policy we will display the shipping costs on this page and in our Delivery & Returns policy.
Shipping requirementsYou must supply us with a physical shipping address as we are unable to deliver to a P.O. Box.
Countries we ship toWe deliver to many regions around the globe but may not be able to deliver to each and every country. We reserve the right to cancel your order if we have received your payment and confirmed your order, but then find we are unable to deliver to your region for reasons beyond our control. In such circumstances we will advise you of the cancellation of the order and process a full refund.
Delivery time frames for ordersWe knit our garments to order. This means your order will be made especially for you. We do not carry stock and do not have products available on the shelf for immediate despatch. Nor do we hold stock in different sizes or colours. Because we knit to order, we require a reasonable lead-time to knit your garment. We will provide you with an estimated despatch date at checkout, prior to placing your order.
For NZ orders delivery will be made by NZ courier post. The estimated delivery time is 2 - 3 working days after despatch date.
For AUS orders delivery will be made by DHL Economy. The estimated delivery time is 4 - 5 working days after despatch date. This will include a tracking number.
For Rest Of The World orders, delivery will be made by DHL Economy. The estimated delivery time is 5 - 6 working days after despatch date. This will include a tracking number.
Please note that despatch times and delivery times are only estimates. We will not be liable for delays in meeting them.
DeliveriesWhen a parcel is delivered to you, you will be asked to sign for it as proof of receipt. If you are not there, the courier will drop a card through your door advising how to receive your parcel.
Returns procedurePlease see our Delivery & Returns policy.