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Terms & Conditions

Last updated: 04/02/2016
Please read these Terms & Conditions ("Terms", "Terms of Use") carefully before using the www.thelifestyler.nz and www.the-lifestyler.co.nz website (the "Service") operated by The Lifestyler Limited ("us", "we", "The Lifestyler" or "our") or ordering on www.thelifestyler.nz or www.the-lifestyler.co.nz.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms & conditions then you may not access the Service.

These terms and conditions may be updated from time to time without notice. Accordingly, you should check this page regularly and review any changes. If at any time you do not agree to these terms and conditions in full, please do not use this website. We reserve the right to change services, refuse service, terminate accounts or access, or remove or edit content in our sole discretion.

Sales Terms

By placing an order via this website you warrant that you are of legal age to form a binding contract. You undertake to provide true, accurate, current and complete information about yourself as prompted by the websites registration form/s. You undertake that you are the authorised user of the used PayPal account, the credit or debit card to place your order and that there are sufficient funds to cover the cost of the goods you are ordering. If you provide any information that is untrue, inaccurate, not current, incomplete (or becomes untrue, inaccurate, not current or incomplete), or if you are not the authorised user of the PayPal acoount, the credit or debit card or we have reason to suspect such information is inaccurate or incomplete or the payment method unauthorised, we have the right to suspend or terminate your use of the website and refuse any and all current or future use of the website.

You are responsible for maintaining the confidentiality of your account details and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us of any misuse or breach of security.

The colour of fabrics as shown online cannot be guaranteed by The Lifestyler due to elements beyond our control such as variances in computer monitor settings. We will do our best to accurately describe our products.

We will endeavour to supply all orders placed and accepted on the website, however, order placement and acceptance do not constitute an obligation on us to supply until you receive confirmation and shipment information of your order from us.

We will never be liable to you as the buyer for damage or loss due to failure by us to deliver the goods in time.

Refunds Policy

All sales are final. We do not offer refunds or exchanges for incorrect purchases or change of mind. Please follow the care instructions as outlined in product description as we are unable to accept claims on fabrics which have been treated incorrectly. The colour of fabrics as shown online cannot be guaranteed by The Lifestyler due to variances beyond our control such as computer monitor settings. In the unlikely event that we have sent you the wrong fabric or you find that your fabric is faulty, we will replace the fabric at no charge or if we are unable to do this due to the product being unavailable we will refund both the fabric cost and the shipping fee (if applicable).
All claims on faulty items must be made within 21 days of purchase and proof of purchase must be provided. To make a claim please email us at info@thelifestyler.nz. An advanced product guarantee or warranty liability is not provided.

Shipping Terms

We deliver within New Zealand, to Australia, Europe and North America. We use a courier service or the New Zealand Post for deliveries. Signature is required for optional bookable Courier Service (only New Zealand). Delivery times - after having received your payment - are as follows but not guaranteed:

New Zealand
North Island: 3-4 Working Days
South Island: 3-4 Working Days
Rural Deliveries: 3-5 Working Days

Australia, Europe, North America: 3-10 Working Days

Those given delivery times are not guaranteed. We will never guarantee or responsibility will be accepted by us for loss or damage resulting from any delays. The delivery of goods shall be deemed complete when we give the possession of the goods for delivery to the buyer, or possession of the goods is given to a general carrier for delivery to the customer.

Website Use

We are permitting you a limited license to access and make personal use of the website. This license does not include any downloading or copying of information for yourself or a third party, caching, unauthorized hypertext links and the framing of any content available through this website. The intellectual property rights in all software and contents made available to you or through this website remain our property (and that our of licensors). You are not permitted to publicise, manipulate, distribute or otherwise reproduce any of the content made available to you or through this website.

You are not allowed to misuse this website. You are not allowed to upload, post or transmit any unusually large or potentially disruptive material, content you do not have a right to use or make available to others, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

While using this website, you are not allowed tocommit or encourage any criminal offence; transmit or distribute any virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the website; corrupt data; cause annoyance to other users; send any SPAM, unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. We may report any criminal activities and disclose your identity to the relevant enforcement agencies.

Disclaimer & Indemnity

Your use of this website is at your own risk. Everything on the website is provided "as is" without any warranty of any kind.
Reasonable efforts are taken to ensure that the content on this website is accurate and up-to-date. However, we make no warranties or representations about accuracy, adequacy, correctness, reliability or completeness of the information provided. All information contained on this website is provided as a convenience to you. Neither we, nor our respective directors, officers, agents, affiliates or employees, accept any liability, direct or indirect, for any injury, loss, claim, damage or any incidental or consequential or exemplary damages, arising out of or in any way connected with the use of the sites or any information contained on these sites except for liability which cannot be excluded by law. If we are liable for breach of any implied warranty or condition that cannot be excluded, then in any event our liability shall be limited to, at our option: (1) in the case of goods, replacing or repairing the goods; or (2) in the case of services, either re-supplying the services or paying for the costs of re-supplying the services.

We assume no responsibility for any technical malfunction, error, omission, interruption, deletion, delay in operation or transmission, communication line failure, virus, bug, tampering, theft or destruction or unauthorised access to the site, or any injury or damage to any person's computer related to the use of the site, or the streaming of material or downloading of any software/material (where permitted) from this website.
We are not responsible for the content of websites linked to or from this website that are not owned by us. Any links provided are for your convenience only and are not an endorsement of the other companies or products referred to on those other websites. We have no responsibility for the condition, content or operation of any such other websites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such websites. If you click on a link to another website, you do so entirely at your own risk.
We, our owners, subsidiaries, officers, agents and employees will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered in connection with the use of this website in any way except for liability which cannot be excluded by law. We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages that may result from website usage, or the inability to access the website.
You agree to indemnify and hold The Lifestyler and its officers, agents and employees harmless from any claim or demand made by any third party due to or arising out of your use of this website.

General

Prices

All prices are to be paid in New Zealand Dollars and include any GST (goods and services tax) payable under the Goods and Services Tax Act 1985, unless explicitly stated otherwise, for shipments within New Zealand. International orders with a delivery and invoice address outside New Zealand could be paid in Euros, US Dollars, Australian Dollars, Canadian Dollars or New Zealand Dollars and don't include any tax (GST). Depending on the local regulations of the country the order is delivered to, additional tax, fees or duties could be charged by the local customs authorities. Packaging, postage and insurance - if applicable - are additional charges, calculated at time of purchase. We reserve the right to vary prices at any time.

Electronic Communication

You consent to receiving communications from us electronically and we consent to receiving communications from you electronically. We will communicate with you by phone, email or by posting notices on the website.

Governing Law

The laws of New Zealand govern these terms and conditions and the contractual relationship between us. We both agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand. 

No Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Severability

If any provision or part thereof of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, that provision or part thereof shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

 

Privacy Policy

We are committed to protecting your privacy. We do not collect personally identifiable information about you when you visit this site, unless you choose to give it to us by completing an online form, registering as a customer or registering for our newsletter. If you choose to give us your personal details (such as your name, email address, telephone number etc) they will be able to be accessed by our staff for the purposes for which you supplied it and/or so that we can better understand you and your interest in our services. All this data will be stored in databases.

While we do not collect personally identifiable information about you if you only visit our website, we do analyse non-identifiable web traffic data including your IP address in order to help improve our website. This information does not identify you personally and is not linked to any personally identifiable information that you may have provided. For more information about our analysis of non-identifiable information please refer to the Google Analytics section below.

We do not and will never disclose any personal information you provide to us to any outside parties without your permission, unless it is necessary for us to do so in order to carry out our service to you or otherwise as required by law.

Cookies

Cookies are small files that a website can send to your computer which can be stored on your hard drive (persistent cookies) or in memory (session cookies). Cookies store information about your preference on a particular website and can remain on your computer once you have exited from that website.
Our shop makes use of cookies to provide a personalised shopping experience. It will also identify you as an existing customer.

Google Analytics

We use Google Analytics software to help measure traffic patterns to, from, and within our website. This service is used to anonymously aggregate website statistics such as number of page views, the number of visitors, time spent on our site, browser types, and common entry and exit points into and from the website.
All information is aggregated by Google Analytics and provided to us to help us better understand usage of our website and shop. Google Analytics is a leader in the Internet industry and their systems have been adopted as an accepted website traffic measurement standard amongst major Internet sites. You can learn more about Google Analytics by visiting the following links.

 

Links to other websites

This web site contains links to other sites. Please be aware that we are not responsible for the accuracy or the privacy practices of such sites. This privacy policy applies solely to information collected on this website.

Newsletters and mailing lists

If you currently subscribe to our newsletter and you no longer wish to receive it, you may unsubscribe by contacting us using the contact details at the bottom of this page or by clicking on the ‘Unsubscribe’ link at the bottom of our newsletter.

Accessing and updating your personal information

We are happy to provide you with access to any personal information that we hold about you. If it is incorrect, please ask us to correct it by contacting us at the details provided at the bottom of this page. If you are a current customer you can change your personal information inside your customer account.

If at any time you would like to opt out of receiving any correspondence from us, or would like your personally identifiable information removed from our database, please contact us using the details at the bottom of this page and we will honour your request.

How to contact us

If you would like to know more about how we collect, record, store and use any personally identifiable information you provide to us, please feel welcome to get in touch using the details below.

  • Email: info[at]thelifestyler.nz
  • Phone: +64 6 3681063
  • Address: The Lifestyler Limited - 12 Tarrant Way - Ohau 5570