BOUTIQUE CONNECTION LIMITED

SUBSCRIPTION

TERMS AND CONDITIONS

Welcome to our terms and conditions which govern the ordering of products and services from us.  Please take the time to read our terms and conditions with care.

If you wish to order products and services from us, then you are required to accept these terms and conditions and register your details with us.  You can do this by clicking the “I Accept” button at the end of these terms and conditions.  You may terminate the process of agreeing to these terms and conditions by clicking the “I Reject” Button at the end of these terms and conditions.

1.          Definitions

1.1       “Boutique Connection” means Boutique Connection Limited.

1.2       “Customer” means the customer, or any person acting on behalf of and with the authority of the customer.

1.3       “GST” means goods and services tax as that term is defined in the Goods and Services Act (1985).

1.4       “Delivery Point” means of the place specified by you for the delivery of products.

1.5       “Price” means the stated price for the products on the Website, (exclusive of GST).

1.6       “Product” means the products sold and marketed by us referred to on the Website.

1.7       “Services” mean all services supplied by or on behalf of us to you.

1.8       Website means the Website operated by or for Boutique Connection relating to the sale and purchase of products and services offered to customers on the Website.

1.9       “We” and/or “Us” means Boutique Connection Limited.

1.10    “You” means you acting as a customer for the sale and delivery of products or services to you through the Website.

2.          Age Verification

2.1       We wish to ensure all customers who use our website, and/or take up subscription packages associated with the Website are eighteen (18) years of age or over. By entering into a subscription package you expressly warrant that you are 18 years of age at the time of making any order with us.

2.2    We reserve the right to require verification of your age, and to refuse to accept or carry out an order from you, or a person on your behalf if we are reasonably satisfied that you are not eighteen (18) years of age.

3.          Subscriptions, Password and Login Details

3.1       We offer a variety of subscription packages through our Website.

3.2       If you subscribe to any of the subscription packages on the Website then you must pay for the product ordered in accordance with the subscription package pricing shown on the Website.

3.3       A subscription package can only be suspended or terminated by agreement with us, or in accordance with these terms and conditions.

3.4       Entry by you into a subscription package also constitutes an order for re-occurring purchase and delivery of product to them, or the person specified by you to receive the product contained in the applicable subscription package.

3.5       We reserve the right to change any and all prices of products, services or subscription packages referred to on the Website from time to time during the term of this Agreement. Any such price increases will appear on the Website and will be notified to you in advance of any delivery of the product.

3.6       You are entirely responsible for any action done by you or any person authorised by you under your account with us, or in respect of any password created by you to access or enter online on the Website.

3.7       You should take all necessary steps to protect your password or login details.  We cannot be held responsible if you lose your password or it is inappropriately used by a third party without your permission.  If you believe that your password is being used in an unauthorised manner then you should inform us so that we can work with you to try and resolve that issue.

4.          Gift Vouchers

4.1       In addition to selling our products via our subscription packages on the Website gift vouchers may be purchased by anyone using the Website.  The gift voucher can be redeemed as a one-off delivery of a subscription package or for delivery of quarterly, six monthly or yearly subscription packages as are currently on the Website.

4.2       A person who orders a gift vouchers must first comply with our registration process section of the Website to ensure that they are over 18 years of age, and to provide us with their address and the email address of the recipient of the gift voucher so that we can email the gift voucher to them.

4.3       As with all orders received by us, the order shall constitute an offer from the payer of the gift voucher to us, and which may or may not be accepted by us.  If accepted then the provisions of clause 5 as to acceptance will apply.

4.4       Once a gift voucher is issued by us it is unable to be redeemed for cash or credit to a bank account.  All gift vouchers will be given a unique code so that the recipient of the gift voucher can enter that code on our order page, and upon completing the other details on the order page can request delivery of product to the delivery point.

4.5       A gift voucher may to be replaced or refunded by us at our sole unfettered discretion.

5.          Acceptance

5.1       Subject to these terms and conditions of trade order must be received by us no later than the 14th of the month in which you wish to have the product delivered to you.  An order received from you for the supply of products and services shall constitute an offer from you to us, which may or may not be accepted by us.  If accepted by us, it shall constitute a binding contract and acceptance of the terms and conditions contained herein. No variation or modification of these terms and conditions by the customer will be binding on us unless accepted by us in writing.

6.          Payment

6.1       All payments for the supply of products (including any subsequent orders under you subscription) in conjunction with the Website, or under any subscription package will be deducted from your credit card or debit card (as the case may be) on the 15th of each month in which you make an order  Please note that our acceptance of your payment does not mean that we accept your offer, and we reserve the right to refund the amount paid by you if your offer is refused.

6.2       Where your credit card or debit card is declined or fails to be processed by a merchant we may refuse to carry out any order of the product or services to you.

6.3       We reserve the unfettered right to refuse to accept payment from a customer where we have a reasonable belief that the person making the order is not the customer.

6.4       Where there is any discrepancy on any invoice charge, or where a customer has been charged incorrectly, we will endeavour to rectify such matters by making a credit or debit to the customer’s credit card or debit card, and to advise the customer of the manner in which the discrepancy has been rectified.

6.5       Any collection costs for any unpaid products ordered by you is at your cost.

6.6       Any certificate signed by the us, or any authorised representative as to an amount due by you shall be conclusive evidence and binding on you for all purposes, including any proceedings issued by the us against you.

7.          Availability of Product

7.1       Whilst we will make all reasonable efforts to fulfil orders made through our Website you acknowledge that the availability of certain products are potentially subject to supplier restrictions and stocking levels, and therefore may be unavailable.

7.2    We reserve the right to delay the delivery of product orders, or to limit quantities of product able to be ordered by a customer where availability of the product might be an issue. In such event we shall advise you, and may substitute the unavailable product with similar products of comparable value, and amend the prices payable by you to reflect the changed circumstances.  We may also credit the value of the relevant product to your notified credit card or debit card number, and take all measures required under the Consumer Guarantees Act 1993.

8.          Risk and Delivery

8.1       We shall not be liable for any direct or indirect loss suffered by you or through any third party in making the delivery of the product to the Delivery Point.

8.2       The product remains at our risk until delivery is made to you under this clause.

8.3       Delivery of product (which is subject to availability) shall be made by personal delivery, or post to your nominated Delivery Point set out in your order us to you either by courier, post or as otherwise agreed with you. Any delivery made by us which falls on a public holiday, may be delivered by us on the next working day.

8.4       Delivery shall be deemed to be complete when we give possession directly to you, we, or our courier or leaves the product at the Delivery Point in accordance with your delivery request. If there is a change in the Delivery Point then you shall notify us at least three business days prior to the time of delivery to the designated Delivery Point.

8.5       Where the delivery is made to a customer in person at the Delivery Point you must ensure that the person authorised by you to receive a delivery is over the age of eighteen (18) years and not under the influence of alcohol.  We reserve the right to require our couriers to request the person accepting the delivery of the product to provide suitable evidence of their age for verification purposes. If no such evidence is provided then the courier may refuse the release and delivery of an order.  In such case you shall be responsible for all costs associated with the non-delivery of product.

8.6       If we cannot deliver the product to you, we will advise you, and the reasons for our inability to deliver.

8.7       If we have reasonable grounds to believe that the delivery and supply of the products would be, or are to persons under 18 years of age, we reserve the right to refuse to release the order. Any redelivery costs are yours, and shall be debited against your credit card or debit card.

8.8       Unless the customer gives written notice to us making time of the essence the time agreed for delivery shall not be an essential term of this contract, and is an estimate only.  To assist customers we try and schedule deliveries to our customers during two week period prior to month end unless we have agreed to other delivery arrangements.

8.9       Where we deliver the product and services to you by instalments, and we fail to deliver or supply one or more instalments you shall not have the right to cancel the contract.  Each instalment shall be treated as a separate contract subject to these terms and conditions.

8.10    It is the responsibility of the customer to check that the product is received in good condition. Any damage to packaging of product must be notified to us in accordance with clause 10.

8.11    We reserve the right to withhold delivery of the product to you for any reason.

9.          Title

9.1       Title in any product and services supplied by us passes to you only when you have made full payment for all products and services provided, and any other sums due to us by you on any account whatsoever.

9.2       You give us irrevocable authority to enter any premises occupied by you or any other party on which product are situated at any reasonable time after default by you, or before default if we believe a default is likely, and to remove and repossess any product and any other property to which products and services are attached, or in which products and services are incorporated.  We shall have no liability for any costs, damages, expenses or losses incurred by the customer or any third party as a result of this action, nor shall we be liable in contract or in tort or otherwise in any way whatsoever, unless such liability cannot be excluded.

9.3       We may either resell any repossess products and services and credit your account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs), or may retain any repossessed product and services and credit your account with the invoice value thereof less such sum as we reasonably determine on account of wear and tear, depreciation, obsolescence and costs.

10.       Disputes and Return of Product 

10.1    You must inspect the product within 24 hours of receipt. No claim relating to the product damage will be considered unless you has notified us within three (3) days after delivery of the product to you of any abnormalities (faults or damage).

10.2    No product will be accepted for return by us;

(i)         without our prior approval;

(ii)       without a prior return authorisation form and number which must be obtained from us, and which must accompany the returned product;

(iii)     Unless the products are returned to us within fourteen (14) days of receipt of the product by you in their original packaging, in new, original and re-sealable condition, accompanied by the reason for their return, and with the original invoice number and original consignment note.

11.       Liability

11.1    You acknowledge that the products are supplied by us on an “as is’ and “as available” basis.

11.2    We shall to the extent allowable by law, have no liability for any loss or damage (including loss of profit) of any kind whatsoever including consequential loss whether suffered or incurred by you or any another person claiming through you whether in contract or tort (including negligence), or otherwise irrespective of whether such loss or damage arises directly or indirectly from the products or services provided by us.

11.3    If for whatever reason we are found liable at law you agree that our liability under these terms and conditions are limited at our discretion to the replacement or refund any defective products, or at our option to pay to you NZ $5,000 plus GST in respect of any claim made by, or through you.

12.       Consumer Guarantees Act 1993

12.1    It is agreed and acknowledged by you that where products are supplied for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 shall not apply, and that no representation, condition, warranty expressed or implied by law or otherwise applies to the products and services supplied by us under these terms and conditions.

12.2    Because inevitably the product itself varies in quality and taste each year, we do not provide any warranty that the products are fit and suitable for the purpose for which they are required by you, and we shall have no liability if they are not. If the product is damaged, the process under clause 9 will apply, or we may at your request (subject to availability) send replacement products or credit the value of the relevant product to your credit card or debit card.

13.       Warranties

13.1    To the maximum extent permitted by law, the products and services are provided by us on an “as is” and “as available” basis. We do not warrant that the products or services provided by us will be necessarily available for the time is required by you, or that any assurances have been given as to the quality of the product being provided under these terms and conditions of trade, or through the Website.

13.2    You warrant that you are purchasing the product for your personal use and have made the decision to purchase based on your own observations not in reliance upon any representation or statement made by, or on behalf of us.

13.3    We do not warrant that the Website is error-free, or that any services provided in relation to the Website will be uninterrupted.

13.4    You acknowledge and warrant that you are not purchasing the product for resale or for any business purpose acting in competition with us.

14.       Indemnity

14.1    You hereby indemnify us and our employees and agents against all and any claims, damages and losses of any kind whatsoever or however caused, or arising in relation to the provision of the products and services to you and without limiting the generality of the foregoing of the clause whether caused or arising as a result of the negligence of us or otherwise, brought by any person in connection with any matter, act, omission, or error by us, our agents or employees in connection with the product and services.

15.       Cancellation

15.1    We may cancel these terms and conditions or cancel the delivery of products and services at any time before the products are delivered by giving written notice. On the giving of such notice we shall promptly repay to you any sums paid for any products ordered by you from us.  In all other respects we shall not be liable for any loss or damage whatsoever arising from such cancellation.

15.2    Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment) under these terms and conditions we may suspend or terminate the supply of products to you as customer. In exercising our rights under this clause, we will not be liable to you for any loss or damage you may suffer because we have exercised our rights hereunder.

15.3    Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in these terms and conditions shall be paid by you, (including but not limited to) any reasonable solicitor’s fees or debt collecting agency expenses and fees.

15.4    If you become insolvent, convene a meeting with creditors or propose or enter into an arrangement with your creditors, or make an assignment for the benefit of your creditors, or a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed then without prejudice to our other remedies at law, we shall be entitled to cancel all or any part of any order of yours which remained unperformed in addition to, and without prejudice to any other remedies.  All amounts owing to us shall, whether or not due for payment, immediately become due and payable.

15.5    Where there is a default by you under these terms and conditions of trade, we shall not be required to marshal, enforce or apply under any security interests, guarantee or other entitlement held by us at any time or any money or property that we hold, or are entitled to hold.

16.       Privacy, Collection and Use of Information

16.1    By making an order through the Website you expressly or authorise us to collect, retain and use any information about you, for the purpose of assessing your credit worthiness or enforcing any rights under these terms and conditions of trade.  Please also refer to our Privacy Notice on the Website for further information on our privacy policy at http://www.boutiqueconnection.co.nz/privacynotice.

16.2    You authorise us to use any information about you for the purpose of providing you with information about our products and services.

16.3    We reserve the right to use aggregated data (in a non-identifiable form) supplied to you for our own business purposes including the improvement of the Website and services for our customers.  Where you are a natural person, the authorities given to us are authority or consent for the purposes of the Privacy Act 1993, and the Privacy Code 2004.

17.          Intellectual Property Rights

17.1        The Website and all intellectual property rights owned or held by us in respect of our business are reserved.

17.2        All photographic and other intellectual property associated with the Website, is protected by copyright as a collective work and/or compilation, pursuant to New Zealand and international conventions, and other copyright laws.

17.3        All materials contained on the Website are owned or controlled by us, or the party credited as the provider of the content.  If you provide any feedback ideas or suggestions to us, then those ideas and suggestions automatically become our intellectual property.

18.           Force Majeure

18.1        We shall not be liable for delaying or failure to perform our obligations in the case of any such delay or failure to beyond our reasonable control, or where force majeure event occurs.  A force majeure event (inter alia) refers to by fire, flood, storm, earthquake, landslide, explosion, accident, Act of God, natural disaster, strikes, lockout, sabotage, labour disputes or shortages, unavailability of product, electric or communication failure, or any act or governmental regulation preventing delivery.

19.       Waiver

19.1    Failure by us to enforce any of the terms and conditions contained herein shall not be deemed to be a waiver of any of any other the rights or obligations under this contract.

20.       Severability

20.1    If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provision shall not be affected, prejudiced or impaired.

21.       Assignment

21.1    You shall not assign all or any of its rights or obligations under this contact without our written consent.

22.       Conflict 

22.1    Where these terms and conditions of trade are at variance with an order of instructions from you these terms and conditions shall prevail.

23.       Governing Law

23.1    These terms and conditions of trade are governed by the laws of New Zealand and you agrees to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

24.       Notices

24.1        All Notices relating to your subscription, the Website, or our products or services must be given via the Website.  We will provide all notices to you via our Website.

25.           Modification of terms

25.1        We reserve the right, at our sole discretion, to make corrections, modifications or variations to these terms.  Notifications of such changes shall be posted to our Website terms and conditions page at http://www.boutiqureconnections.com/termsandconditions and be effected when posted.

26.           Our Discretions

26.1        You acknowledge that we are fully entitled in our sole discretion to:

(i)         refuse to register any registration application by you to subscribe for our products and services displayed on our Website; and

(ii)       to accept and fulfil any order placed by you; and

(iii)      to refuse or cancel any order received from you; and

(iv)      to terminate your ability to order product from us via the Website, or through any other means.