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Terms & Conditions

1. Acceptance of Terms and Conditions 1.1 These terms and conditions apply to the use of this website, including the purchase of products and/or services (“Products”) using this website. By accessing and using this website for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept and agree to be legally bound by and comply with these terms and conditions, you must refrain from using the website. 1.2 For the purposes of these terms and conditions, “this website” shall mean www.zoeandmorgan.com. “we”, “us” and “Zoe & Morgan” shall refer to Zoe & Morgan Limited and “you” or “the customer” the user of this website or our services or purchase of our products. 2. Amendments to Terms and Conditions 2.1 We reserve the right to review and amend these terms and conditions from time to time. Amendments will be effective immediately and Zoe & Morgan has no obligation to notify you of such amendments. We recommend that you check this page for amendments each time you revisit this website. Your use of this website will represent an agreement by you to be bound by the terms and conditions as amended. 3. Your Account and Password 3.1 You are able to set up an account login (with a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us, that the information that you have given is true and correct, and you must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. 3.2 Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party. 3.3 You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via the website). You agree to release and indemnify us in relation to any and all claims, loss, or liability arising out of the unauthorized use of your username or password (including any your failure to keep your username or password secure and confidential). 3.4 You agree to notify us immediately by email to [email protected] of any unauthorized use of your account or password, or of any other breach of security. 3.5 We shall not be responsible or liable, directly or indirectly, in any way for any loss damage of any kind incurred as a result of, or in connection with, your failure to comply with this section or for any delay in shutting down your account or password after you have reported a breach of security to us. 4. Pricing 4.1 All prices are shown in New Zealand dollars (NZD) and include GST (which is currently 15% sales tax – if the GST rate changes we reserve the right to immediately amend our prices accordingly). All prices are correct at time of publication, however we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order. 4.2 The price payable by you for orders accepted by us shall be the price quoted on this website for the relevant products at the time your order is submitted (subject always to clause 5.4 below, in relation to incorrect prices), together with the applicable delivery fees (which are payable in addition to the price of the products). Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD). 4.3 International orders may be subject to local taxes or duties which are the responsibility of the customer. 5. Orders 5.1 By placing an order on this website you agree to and accept the terms and price specified in this website. This price may include additional delivery and other applicable charges. This offer may be accepted or rejected by Zoe & Morgan for any reason, including, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with Zoe & Morgan will only come into existence when you have fully paid for your order and Zoe & Morgan provides confirmation that your order has been accepted and can be fulfilled. Confirmation will be sent via email to your notified email address. 5.2 We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our website manager may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud and other unauthorized or illegal activity. 5.3 All orders are subject to the availability of products. We may reject or cancel any order due to unavailability of any product. If for any reason a product is not available, we will endeavor to notify you of the non-availability on this website. We may revise the range of products or the specification of any product at any time (except where we have confirmed our acceptance of your order) without notice to you. 5.4 Where any product is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product either online or in-store where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order. 5.5 You may cancel your order any time prior to the time that we send our confirmation of acceptance for that order. Once we have sent our confirmation of acceptance for your order, you may not cancel that order. 5.6 You agree that the products sold to you by Zoe & Morgan are for your own use and are not to be on sold by you to any entity in the nature of a wholesale, distribution, or retail supply. 5.7 Images of our products on the website are intended to show examples of our products. Final look of the product may vary slightly from those shown on the website and sample products. 5.8 We reserve the right to change the permitted methods of payment, including the credit cards or services we are able to accept, at any time. 6. Payment 6.1 We accept all major types of credit card – Visa and Mastercard. The name that will appear on your statement will be Zoe & Morgan. 6.2 We take all reasonable care to make our website 100% secure. All credit card transactions on this website are processed using DPS, one of New Zealand’s leading online payment systems. 6.3 In the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website. All payments on zoeandmorgan.com are processed via a BNZ payment fulfillment service. Zoe & Morgan assumes no liability whatsoever for the availability and functionality of this service. Zoe & Morgan assumes no liability for any financial loss caused by the use of BNZ payment service. 6.4 If shopping as an overseas customer – the actual price charged to overseas customers will be subject to the exchange rate applied by the customer’s credit/debit card company. 6.5 Orders are processed pending availability and credit verification. We reserve the right to cancel orders upon review. 7. Delivery 7.1 Once we have confirmed our acceptance of your order, we will endeavor to dispatch your order within 3 business days unless a different timeframe is specified in relation to a particular product. If we are unable to dispatch your order within this time frame we will endeavor to contact you and advise you of the expected dispatch date. Please note that multiple orders may not always be shipped together. In addition, depending on the size of your order you may receive several shipments to complete your order. 7.2 In the event we are not able to ship to the shipping address you advise, we will notify you, your order will be cancelled, and you will receive a refund in respect of your purchase (unless you provide an alternate eligible shipping address). 7.3 Although we will endeavor to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery. 7.4 For NZ deliveries, allow approximately two business days for delivery in the North Island and three working days in the South Island. International delivery time varies depending on the country but usually takes between 3-10 business days. 7.5 Your jewellery will be gift wrapped and sent to you in a lovely Zoe & Morgan box. You can include a gift message with your order by selecting ‘Add gift options’ at checkout. 7.6 We will take every care in packing and dispatching your purchase but we are not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods or products caused by any event of any kind by any person, whether or not we are legally responsible for the person who caused or contributed to that loss. We are not responsible for any loss of items that are wrongfully signed for and accepted by a third party. 7.7 We are not liable for damage incurred to goods in transit or for non-delivery. You will become the owner of the goods you have ordered once they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. Please note that if you have a non-delivery arrangement with the courier company we are not liable for the loss, damage or destruction to the goods. It is the responsibility of the customer to make sure the package is delivered to the correct address and signed for by the customer as it is the customer’s personal custody once it has left the Zoe & Morgan premises. 8. Returns 8.1 We want you to love your Zoe & Morgan jewellery! But if for any reason you are unhappy with your purchase we are happy to offer a full refund or exchange providing you send it back to us within 14 days of receipt. 8.2 Please note: (a) All items returned must be unworn and undamaged; (b) For hygiene reasons, we are not able to accept returns on Earrings unless they are faulty; (c) Exchanges are possible if the item is available. Please note that Zoe & Morgan cannot refund delivery cost or any international tax or duties paid on non-faulty exchanged items. 8.3 To arrange a return please email [email protected] quoting your name, address, details of the product, a photo (if necessary), the reason for return and whether you require a refund or replacement. 8.4 Any item(s) being returned must be returned in their original Zoe & Morgan packaging. Please pack the item carefully and we recommend that you use a secure and tracked service for your own protection. Please send items for return to: Attention: Website Manager Zoe & Morgan City Works Depot, Shed 2, Studio 6C 90 Wellesley Street West Auckland 1010 New Zealand The item is your responsibility until it reaches us therefore we cannot accept responsibility for any items lost or stolen in transit. Any item returned after the stated time period will only be refunded at our discretion. 8.5 Sale items and made to order items are non-refundable and non-returnable. 8.6 Where we have specifically manufactured a product at the request of the customer then that product cannot be returned. If you have any queries regarding our returns policy, please send email to [email protected] or you can call us on +64 (09) 366 3073. 9. Customs Duties and Taxes 9.1 Products shipped to other countries may be subject to that countries Taxes and/or Duties. You will be responsible for paying such Taxes and Duties. 9.2 You must comply with all laws and regulations of the country to which our products are shipped. You must not purchase any of our products where importation of that product may be restricted or prohibited. 9.3 Customs policies vary widely from country to country so you should contact your local customs authority for further information. 10. Warranties 10.1 Zoe & Morgan provide a warranty for its products against faulty materials or workmanship (or both) for a period of 90 days after delivery of the goods provided: (a) All claims under this warranty are received within 90 days after delivery of the goods. (b) The customer gives Zoe & Morgan notice of any defect in the goods within 3 days of such defect becoming apparent. (c) The customer has complied with all specific recommendations of Zoe & Morgan. 10.2 We may, at our sole option, repair or replace a defective product or provide a refund of the purchase price. 10.3 Any such repair will be done at such a place as Zoe & Morgan may specify. The customer is responsible for delivery of the product to the address specified by us. 10.4 This warranty will not apply if the product is repaired by any person not authorised by Zoe & Morgan to do such repairs or if the products are used other than for the purpose for which they were intended. 10.5 This warranty is exclusive and all other warranties descriptions representations or conditions as to fitness or suitability for any purpose, tolerance to any condition, merchantability or otherwise whether of like nature or not and whether expressed or implied by law trade custom or otherwise are expressly excluded. 10.6 Where the customer acquires products other than for the purposes of its business (or if the Consumer Guarantees Act 1993 applies for any other reason), then the limitations and exclusions of liability in this clause 10 shall be subject to the Consumer Guarantees Act 1993. 10.7 Zoe & Morgan are not in any way liable for general wear and tear; accidental damage including scratches, dents or marks to any metal surface; or loss of gemstones. 11. Intellectual Property 11.1 This website contains Intellectual Property Rights including copyrighted material, trade secrets and proprietary information owned by Zoe & Morgan. This Agreement does not grant to you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Website or any material or information appearing on the Website or any products offered by Zoe & Morgan. You may not create any derivative work or technology based upon any trade secret, Intellectual Property Rights, confidential or proprietary information of Zoe & Morgan. Furthermore, you may not sub-license, assign, transfer, sell or make any other commercial use of your access to the Website or the products. 11.2 You shall not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Zoe & Morgan, or take any other action that infringes upon or impairs Zoe & Morgan’s trademark or other Intellectual Property Rights. 11.3 Zoe & Morgan is the sole owner of all Intellectual Property Rights, and in particular the copyright, trademarks, database and patents, in the Website and in any software, application, graphics, images, video, audio, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement. Zoe & Morgan shall retain all ownership rights in and to all content displayed on the Website, including copies of data transferred or received by you through the Website. 11.4 Zoe & Morgan retain the rights to all designs created including but not limited to all custom designed pieces, signature collection pieces and the designs for clients creating an original setting to make, reproduce and display. 11.5 Any other use of content on the website, including but not limited to the modification, distribution, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the website, or use of the website for purposes competitive to Zoe & Morgan, is prohibited. 11.6 “Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered. 12. Privacy 12.1 By agreeing to the terms and conditions of this Agreement. You are also agreeing to the terms of Zoe & Morgan Privacy Policy available at [insert link]. 13. Links and Applications 13.1 The website may contain links or other content related to websites, products and/or services offered by third parties. Zoe & Morgan has no control over any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. You acknowledge and agree that Zoe & Morgan is not responsible for the availability of such third party links, content, websites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. You warrant and agree that Zoe & Morgan will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service. 13.2 Zoe & Morgan may include on the website advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, you may be redirected to a website of the advertiser or receive other messages, information or offers from the advertiser. You acknowledge and agree that Zoe & Morgan is not liable or responsible for the content, products or services of such advertisers or the websites, links, information, messages, offers or privacy practices of such advertisers. You are wholly liable for all communications and transactions with advertisers. 14. Disclaimers 14.1 All reasonable care is taken to ensure that images appearing on this website reflect as accurately as possible the products and we try our best to be as accurate as possible in our product descriptions. However, we do not warrant that the product image, description or other content of this website are accurate, complete, reliable, current, or error-free. All features, content, specifications, sizes and prices of products and services described or depicted on the website are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. 14.2 You acknowledge and agree that the website is provided "as is", and therefore you will not have any claim or demand against Zoe & Morgan, or any of the foregoing's officers, directors, shareholders, employees, sub-contractors, representatives or agents with respect to any website. The use of the website is at your sole risk. Subject to the Consumer Guarantees Act 1993 to the fullest extent of the law, Zoe & Morgan expressly disclaims all warranties of any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. 14.3 Zoe & Morgan shall have no liability to the customer if Zoe & Morgan is unable to perform its obligations due to events outside Zoe & Morgan’s control. 15. Governing Law 15.1 The laws of New Zealand govern any contract arising out of this website, and all disclaimers, terms and conditions and terms of use and the parties agree to the exclusive jurisdiction of the New Zealand Courts.