Terms & Conditions of Sale

Urban Leaf Studio Limited’s Terms & Conditions of Sale set out below (“Terms”) are the terms applying to all sales of Urban Leaf Studio Ltd’s products in New Zealand.

1. Definitions
   • “Seller” means Urban Leaf Studio Limited, its successors and assigns or any person acting on behalf of and with the authority of Urban Leaf Studio Limited.
   • “Customer” means the person/s or any person acting on behalf of and with the authority of the Customer requesting the Seller to provide the Goods or Services as specified in any proposal, quotation, order, invoice or other documentation, and:
     • if there is more than one Customer, is a reference to each Customer jointly and severally; and
     • if the Customer is a part of a trust, shall be bound in their capacity as a trustee; and
     • includes the Customer’s executors, administrators, successors and permitted assigns.
   • “Goods” means all Goods or Services supplied by the Seller to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
   • “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods as agreed between the Seller and the Customer in accordance with clause 5
   • “Order” will relate only to the Goods you have ordered. Each Order that we accept results in a separate binding agreement between you and us for the supply of those Goods. For each Order accepted by us, we will supply the Goods in that Order to you in accordance with these Terms and Conditions.
   • “Site” means urbanleaf.co.nz.

2. Acceptance or Rejection of an Order
   • The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
   • We reserve the right to accept or reject an Order for any reason, including if the requested Product is not available or if there is an error in the price or the Product description posted on the Site or in an Order.
   • If we reject an Order, we will endeavour to notify you of that rejection at the time you place an Order or within 7 days after you submit an Order.
   • You are not permitted to purchase any items for resale to a third party or for trade purposes.
   • If we have a concern with the quantity of item/s you have ordered, we will endeavour to contact you when you place an Order or within 7 days after you submit an Order.

3. Errors and Omissions
   • The Customer acknowledges and accepts that the Seller shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
     • resulting from an inadvertent mistake made by the Seller in the formation and/or administration of this contract; and/or
     • contained in/omitted from any literature (hard copy and/or electronic) supplied by the Seller in respect of the Goods or Services.
   • In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of the Seller; the Customer shall not be entitled to treat this contract as repudiated nor render it invalid.

4. Change of Details
   • The Customer shall ensure the Customer’s details (including but not limited to, the Customer’s name, delivery address, contact phone number) are up to date before placing any orders. The Customer shall be liable for any loss incurred by the Seller as a result of the Customer’s failure to comply with this clause.

5. Price
   • From time to time we may need to revise the price of the Goods.
   • The current prices of the Goods and our delivery charges will be as quoted on the Site, as updated from time to time.
   • Product prices and delivery charges include taxes including GST where applicable.

6. Payment
   • Payment may be made by cash, electronic/online banking, credit card, or by any other method as agreed to between the Customer and the Seller.
   • Storage of collected information:
     (a) The Seller does not collect or store payment information. All payment information is collected and stored by the applicable third party in order to be processed as required. We never permanently store complete debit/credit card details.
     (b) All online debit/credit card transactions performed on this Site are through secured payment gateways. We currently use the Stripe payment gateways for our online payment transactions.
     (c) Complete debit/credit card details cannot be viewed by the Seller or any outside party.
     
     
7. Delivery of Goods
   • Delivery (“Delivery”) of the Goods is taken to occur at the time that:
     • the Customer or the Customer’s nominated carrier takes possession of the Goods at the Seller’s address; or
     • the Seller (or the Seller’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
   • At the Seller’s sole discretion the cost of Delivery is in addition to the Price.
   • The Seller may deliver the Goods in separate instalments.
   • Any time specified by the Seller for Delivery of the Goods is an estimate only and the Seller will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties.
   • Please take care when placing your Order. We accept no liability or responsibility for incorrectly placed Orders. Nor do we accept liability or responsibility for delivery details that are incorrectly supplied, or which you fail to supply.

8. Our Refund Policy
   • If you consider that any Goods sent to you are damaged, or defective or fail to comply with any guarantees in the New Zealand Consumer Guarantees Act 1993 (the CGA), you must notify us within 7 days of Delivery and we will examine the received digital or physical evidence of the defective Goods and will notify you of the outcome via email within 14 days of the day we received your request. If your refund is approved, we will process the refund within 14 days of the day we confirmed to you via email that you were entitled to a refund.
   • We will not make a refund for any other reason.
   • We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9. Risk and Title
   • Risk of damage to or loss of the Goods passes to the Customer on Delivery.
   • If the Customer requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk.
   • Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

10. Disclaimer and Limitation of Liability
    • The following paragraphs exclude or limit our liability for your use of the Site. They all apply so far as the law permits.
    • While we have taken reasonable steps to ensure the accuracy, currency, availability and completeness of the information contained on the Site, that information is provided in good faith and on an ``as is`` and ``as available`` basis and we do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information.
    • You acknowledge that the Goods displayed on the Site are not an exact sample and that the Goods you receive may vary from those displayed.
    • You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or any other computer system.
    • To the extent permitted by law, we do not accept responsibility for any loss or damage, however, caused (including through negligence), which you may directly or indirectly suffer in connection with your use of, attempted use of, or inability to use the Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Site.
    • The Seller’s liability in respect of any Goods which are proved to be damaged during delivery or defective due to faulty workmanship or materials or otherwise are proved not to conform with the terms of the order is limited to whichever is the lesser amount of, either:

• Nothing in these Terms and Conditions is intended to limit your rights as a consumer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.  

11. Promotion and Loyalty Programme
    • We may offer discount promotions and other types of vouchers (Voucher) which require you to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.
    • A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed, resold or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval. A Voucher is only valid on the Holder’s first Product purchase. Only one Voucher is allowed to be applied per order. A Voucher may not be used in conjunction with any other offer or credit, vouchers are always applied to an order before any credits in a customer’s account.
    • We reserve the right to withdraw or cancel any Voucher (other than a paid up-front gift card) for any reason at any time.
    • Vouchers may only be redeemed through the Site and not through any other website or method of communication.
    • Any credits or discounts attached to Vouchers apply to the price of the product orders only and not to delivery charges (unless otherwise specified) or any surcharge meals.
    • Vouchers and Customer credits deriving from any Customer loyalty program are not valid if used inappropriately, such as being published on deal sites or bargain sites. We reserve the right to cancel any suspicious codes and delete credits from the sharer’s account if we become aware of inappropriate use.

12. Competitions (Social Media)
    • By participating in any competition or giveaway advertised by the Seller on its Facebook page and/or other social media channels (the “Competition”), you confirm that you accept and agree to these competition terms.
    • Unless otherwise stated, the Competition is only open to the Seller’s active customers. All Competitions are open to New Zealand residents only.
    • Entrants must follow the instructions on the Competition Facebook post and/or other Social Media channels to enter this competition.
    • The Competition entry closing and opening dates will be specified on the Competition Facebook post and/or other Social Media channels.
    • The Seller will endeavour to notify each prize winner by social media, email, text or phone. However, if the winner cannot be reached within five working days, we may redraw a new prize winner without liability to any person. The Seller reserves the right to contact the selected winners by other means.
    • The winner(s) will be drawn as specified by the Facebook Competition post and/or other Social Media channels. The prize winner(s) will receive the prize that is advertised on either the Facebook Competition post, the Facebook Competition photo and/or other Social Media channels.
    • The winner acknowledges that redemption of some prizes may require the winner to be at least 18 years of age or have parental/ guardian consent. We will let you know on our Facebook Competition post and/or other Social Media channels.
    • Entering the competition constitutes a winner’s consent for their content to be shared on our channels.

13. Warranty
    • For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

14. Consumer Guarantees Act 1993
    • If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Seller to the Customer.

15. Important Notice about Linked Websites
    • The Site may contain links to other websites (Linked Websites). Those Linked Websites are provided for convenience only and may not remain current or be maintained.
    • The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent we stipulate to the contrary.
    • To the extent permitted by law, we accept no responsibility or liability for and give no warranty (express or implied) of any kind in respect of, the Linked Websites and your use of them or any products or services available on or through the Linked Websites.

16. Intellectual Property Rights
    • We are the owner or the licensee of all intellectual property rights in the Site, whether registered or unregistered and in the material published on it. These works are protected by copyright and other intellectual property laws and all such rights are reserved.
    • You may print off one copy and may download extracts, of any pages from the Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
    • If you post comments on the Goods to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary on the Site and in any advertising or social media outlets to which we may create or contribute.

17. Force Majeure Events
    • We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).
    • A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      (a) strikes, lock-outs or other industrial action;
      (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
      (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
      (e) impossibility of the use of public or private telecommunications networks;
      (f) epidemic, pandemic or other health emergencies (whether declared or not); and
      (g) the acts, decrees, legislation, regulations or restrictions of any government.

18. Privacy Act 1993
    • The Seller may collect your personal information to confirm and track product orders, membership registration, analyse audience trends, send new product information and promotion details, update important business information that may affect your shopping experience, via email, SMS, or other channels.
    • The Seller may share this information (encrypted file) with related bodies corporate to conduct data storage, auditing, accounting, legal, business consulting, mail and delivery, customer contact, marketing, data processing and analysis, document management, research, investigation, insurance, website, and technology services.
    • The Seller uses your contact information to send you newsletters from the Seller. The Customer may unsubscribe from those newsletters at any time by following the instructions in the email.
    • The Customer has the right to ask for a copy of any personal information that the Seller holds about you and ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information or to have it corrected, please contact us at hello@urbanleaf.co.nz.

19. General
    • These Terms and Conditions contain the entire understanding between the parties concerning the subject matter of these Terms and Conditions and supersede all prior communications.
    • Each party acknowledges that, in entering into these Terms and Conditions, neither party relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
    • Our failure to enforce any provision under these Terms and Conditions will not waive our right thereafter to enforce any such provisions.
    • If any term or provision of these Terms and Conditions is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and Conditions and the remaining terms and conditions will be unaffected.
    • These Terms and Conditions are governed by and are to be construed in accordance with the laws in force in New Zealand. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New Zealand.