General Terms & Conditions

ARTICLE 1 – DEFINITIONS

In these General Terms and Conditions, the following terms have the meanings set out below:

Cancellation Period: the period within which the consumer may exercise their right of cancellation.

Consumer: a natural person who is not acting for professional or business purposes and who enters into a distance contract with the trader.

Day: calendar day.

Ongoing Performance Agreement: an agreement relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.

Durable Medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future access for a period appropriate to the purpose of the information, and that allows unchanged reproduction of the stored information.

Right of Cancellation: the consumer's right to cancel the distance contract within the cancellation period.

Trader: a natural or legal person who offers products and/or services to consumers at a distance.

Distance Contract: an agreement concluded between the trader and the consumer within an organised system for distance selling of products and/or services, where, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication, without the simultaneous physical presence of the parties.

Means of Distance Communication: any means that can be used to conclude an agreement without the consumer and trader being simultaneously present in the same location.

Visual Content and Promotional Use

The visual content on this website, including but not limited to images, videos and other graphic material, is used solely for promotional and illustrative purposes. The products and persons shown may be fictitious or presented in a manner that differs from reality.

The persons depicted are models or representations and are not necessarily directly associated with the actual use or results of the products. Product images may also differ from the actual product delivered in terms of shape, colour, packaging or application.

While we strive for the most accurate representation possible, differences may exist between the images shown and the final product.

By making a purchase through our webshop, the customer acknowledges that all visual content is promotional in nature and does not constitute an exact or binding representation.

Any references to "Tekapo" form part of the brand identity only and should not be interpreted as indicating a physical location. Our business operates exclusively as an online webshop and does not have a physical retail location.

ARTICLE 2 – IDENTITY OF THE TRADER

Customer service email: info@thewhitbournesisters.com

gcommerce online

Company Registration No.: 94633908

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, prior to the conclusion of the distance contract, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically, and that they will be sent to the consumer free of charge upon request, either electronically or in another manner.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most favourable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and the remaining provisions of these conditions shall remain in force, and the relevant provision shall be replaced by mutual agreement without delay with a provision that approximates the purport of the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.

Any ambiguity regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in the spirit of these general terms and conditions.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The trader is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a faithful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.

All images and specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a faithful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This relates in particular to:

  • The price, excluding customs clearance costs and import GST. These additional costs will be at the expense and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services in relation to importation. This arrangement applies when goods are imported into the destination country, as is the case here. The postal and/or courier service will collect the GST (and any applicable customs clearance charges) from the recipient of the goods.
  • Any shipping costs;
  • The manner in which the agreement will be concluded and what actions are required for this;
  • Whether or not the right of cancellation applies;
  • The method of payment, delivery and performance of the agreement;
  • The deadline for accepting the offer, or the period within which the trader guarantees the price;
  • The rate for distance communication where the costs of using the technology for distance communication are calculated on a basis other than the standard base rate for the communication means used;
  • Whether the agreement will be archived after conclusion, and if so, how it can be accessed by the consumer;
  • The manner in which the consumer can check and, if desired, correct the data provided in connection with the agreement before the agreement is concluded;
  • Any other languages in which, in addition to English, the agreement may be concluded;
  • The codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract in the case of an ongoing transaction.
  • Optional: available sizes, colours, types of materials.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.

If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the trader, the consumer may cancel the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.

The trader may, within legal limits, inform themselves as to whether the consumer can meet their payment obligations, as well as all facts and factors that are relevant to entering into the distance contract responsibly. If the trader has good grounds, based on this inquiry, to decline to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

The trader will provide the consumer with the following information in writing or in a manner that allows the consumer to store it accessibly on a durable medium, either with the product or service:

  • The address of the trader's establishment where the consumer can submit complaints;
  • The conditions under which and the manner in which the consumer may exercise the right of cancellation, or a clear statement regarding the exclusion of the right of cancellation;
  • Information about warranties and existing after-sales service;
  • The information included in Article 4, paragraph 3 of these conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the relevant products.

ARTICLE 6 – RIGHT OF CANCELLATION

When purchasing products, the consumer has the option to cancel the agreement without giving reasons within 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of cancellation, they will return the product with all accessories supplied and — where reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of cancellation, they are required to notify the trader of this within 14 days of receiving the product. The consumer must do so by means of a written message/email. After notifying the trader of their wish to exercise the right of cancellation, the customer must return the product within 14 days. The consumer must be able to prove that the delivered goods were returned on time, for example by means of proof of postage.

If the customer has not notified the trader of their wish to exercise the right of cancellation within the periods stated in paragraphs 2 and 3, or has not returned the product to the trader, the purchase is final.

ARTICLE 7 – COSTS UPON CANCELLATION

If the consumer exercises their right of cancellation, the costs of returning the products are at the consumer's own expense. These costs may be significant, as orders must be returned directly to our international supplier.

If the consumer has already paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after cancellation. A condition for this is that the product has already been received by the online retailer, or that conclusive proof of complete return has been provided.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF CANCELLATION

The trader may exclude the consumer's right of cancellation for products as described in paragraphs 2 and 3. Exclusion of the right of cancellation is only valid if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion is only possible for:

  • Products manufactured according to the consumer's specifications;
  • Clearly personalised products;
  • Products that cannot be returned by their nature;
  • Products that perish quickly or have a limited shelf life;
  • Products whose price is subject to fluctuations on the financial market;
  • Individual newspapers or magazines;
  • Audio, video or software products whose seal has been broken;
  • Hygiene products whose packaging has been opened.

And for services:

  • Accommodation, transport, catering or leisure services to be provided on a specific date or during a specific period;
  • Services whose performance has commenced with the consumer's express consent before the cancellation period has expired;
  • Gambling and lotteries.

ARTICLE 9 – PRICE

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in GST rates.

Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where prices are subject to fluctuations on the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

  • they result from statutory regulations or provisions; or
  • the consumer has the right to cancel the agreement with effect from the day the price increase takes effect.

The place of supply is located outside New Zealand, where the transport commences. As a result, import GST and/or customs clearance fees may be collected from the recipient by the postal or courier service. Accordingly, no GST will be charged by the trader on the order itself.

All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In the event of typographical errors, the trader is not obliged to supply the product at the incorrect price.

ARTICLE 10 – CONFORMITY AND WARRANTY

The trader guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, reasonable standards of quality and/or usability, and the statutory provisions and/or government regulations applicable at the date of conclusion of the agreement. If agreed, the trader also guarantees that the product is suitable for use other than its normal use.

Any warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement, including any rights under the Consumer Guarantees Act 1993 (New Zealand).

Any defects or incorrectly delivered products must be reported to the trader in writing within 14 days of delivery. Return of the products must be carried out in the original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the trader's instructions and/or instructions on the packaging;
  • The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The trader will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the business.

Subject to what is stated in Article 4 of these general terms and conditions, the business will execute accepted orders with due promptness, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge and is entitled to any compensation.

In the event of cancellation in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement article available. No later than at the time of delivery, it will be clearly and comprehensibly communicated that a replacement article is being supplied. The right of cancellation cannot be excluded for replacement articles. The costs of any return shipment are at the trader's expense.

The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

ARTICLE 12 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately notify the trader of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs previously communicated to the consumer.

ARTICLE 13 – COMPLAINTS PROCEDURE

Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within 7 days of the consumer discovering the defects.

Complaints submitted to the trader will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.

ARTICLE 14 – DISPUTES

Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by New Zealand law, even if the consumer resides outside New Zealand.

ARTICLE 15 – PERSONAL DATA

The provision of your personal data via the webshop is subject to our Privacy Policy.

ARTICLE 16 – ERRORS, INACCURACIES AND OMISSIONS

It is possible that information on the website or within the Service contains errors, inaccuracies or omissions, including in product descriptions, prices, promotions and shipping costs.

We reserve the right to correct such errors, update information or cancel orders if information is found to be incorrect, at any time and without prior notice (even after an order has been confirmed).

We are not obliged to update or clarify information unless required by law.

ARTICLE 17 – CHANGES TO THE GENERAL TERMS AND CONDITIONS

The most recent version of these General Terms and Conditions is always available on this page.

We reserve the right to amend, update or replace parts of these General Terms and Conditions by posting updates on our website. It is your responsibility to check this page regularly. Continued use of or access to our website or Service after changes are posted constitutes acceptance of those changes.

For further questions, please contact us at: info@thewhitbournesisters.com