Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by Nothing Naughty Limited ("Nothing Naughty Limited", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.nothingnaughty.kiwi.nz ("the website"). They are effective from 01 April 2014 and will replace all earlier Nothing Naughty Limited terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supplyAll orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery and delivery chargesPrices for goods and services stated on our website are include applicable delivery charges.
We only deliver to New Zealand street addresses. Delivery is free of charge however a surcharge may apply to rural deliveries.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
Free shipping applies for orders up to a maximum weight of 5kgs, shipping charges apply for heavy orders.
PricingAll prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment optionsWe accept the following credit cards:
Visa and MasterCard. Goods will only be dispatched once full payment has been received and funds have been cleared.
Credit Card SecurityOur shopping cart is secure and protected by SSL encryption technology. SSL (Secure Sockets Layer) is a method of ensuring that information submitted through your web site is secure and cannot be accessed by unauthorized users. When a site offers an SSL-secured form, the information submitted via that form (typically credit card information) is encrypted using a special certificate key and then decrypted with another key after it has been transmitted. When you access a site secured with SSL using your browser, a symbol displays in the browser window indicating that the site is secure.
Shipping and delivery
We simplified shipping costs by providing a flat fee for delivery to the North Island or South Island. Please allow up to 3 days for us to process your order. We rely on our freight partners to deliver your order within 24 hours of dispatch from our warehouse, however as we cannot guarantee this. Should you have concerns about the delivery of your order, please contact us at Head Office.
Shipping is calculated once our customers have entered their shipping details.
Our freight partners provide us with track and trace facility so that we can keep a track on your order for you.
We aim to ensure that your purchase arrives to you in perfect condition. Should you experience a problem with your order, please contact us and we will do our utmost to resolve any issue. If you are not completely satisfied with your purchase with 30 days of purchase, please contact us to arrange a full refund or replacement. Please note: we cannot refund postage and packaging unless goods are faulty.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
Liability LimitationWhere you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdictionUnless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.nothingnaughty.kiwi.nz.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.