TERMS & CONDITIONS

 

Amber Whitecliffe’s website and related services are made available to you pursuant to the following Terms of Use & Service and any other rules posted on our site. By visiting www.amberwhitecliffe.com, you are accepting and consenting to the practices described in the Terms and Conditions. We may modify them from time to time, and your continued use of this site following such change shall signify your agreement to be bound by the modified Terms and Conditions.

 

For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw you attention to our policies relating to the terms of purchase and our privacy policy. If you are under 18 you must let your parent or guardian know about Amber Whitecliffe’s Privacy Policy before you register to using this site or any of this sites services.

 

Please read and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the site.

 

Eligibility to purchase:
The purchase of merchandise through Amber Whitecliffe is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with New Zealand Law. In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit. Amber Whitecliffe reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

 

Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Amber Whitecliffe feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

 

Ordering:
You can submit an order thorough this website. When you order goods from us, this constitutes an offer from you to buy those goods in accordance with these Terms and Conditions. Only when we have accepted your order by sending you an order confirmation shall a contract be formed between you and us. Once you submit your order, you cannot cancel the order unless we agree.   All orders are subject to acceptance and availability. Amber Whitecliffe offers products for sale that are in stock and available for dispatch. Some products will be made when ordered, this will mean you will possibly have to wait 1-4 weeks before receiving your product. Some Amber Whitecliffe garments are limited to availability based on short supply of fabric. Alternative options are available in majority of cases and can be discussed.
Acceptance of your order:
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. Once payment in full or a 50% deposit has been made it means you have accepted the order and the contract between you and Amber Whitecliffe and cannot cancel. If you do choose to cancel in most cases no refund will be given. However, to the discrepancy of Amber Whitecliffe Ltd a store credit may be given to the value paid minus a “selling fee” of 10% . The sale contract is therefore concluded in Auckland, New Zealand and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Stock purchases:
If you purchase an item that is not a SALE item or MADE TO ORDER, then we will allow you to return goods in accordance with the policy set out in our  RETURNS POLICY

Laybys:

We only accept Layby payments in store. Because AW garments are very limited, we request a 50% deposit for first payment, after that you can pay it off as much as you like as long as payment is completed within 6 weeks.  If you choose to cancel your Layby  before the 6 weeks a “selling fee” of 10% will occur on your payment, as well as a “loss of value” fee (this will differ depending how old the garment is)*. Refunds can be given by cash or store credit. At 5-6 weeks Amber Whitecliffe must give a warning before cancelling the layby. If we cancel the layby due to agreed terms not being meet no refund will be given.

*E.g If you put a Coat priced $300 from Winter on lay-by and you payed $150. You cancel within the 6 weeks but Spring has now gone into store. You will loose 10% selling fee & 30% loss of value fee on garment price for last season =($150)-($15+$90) equals a $45 refund. If this is the case you may choose to continue with payment.  Amber Whitecliffe Ltd has the right to offer a 2 weeks extension for payment or to cancel it.

Price:
The price payable by you for any good you order shall be the price quoted on this website at the time your order is submitted. Unless otherwise stated, all prices quoted are in New Zealand Dollars (NZD). If you are an overseas customer the amount you are charged for item/s may vary according to the Currency Conversion on the day of your purchase. It is your responsibility to make certain the price of your currency in relation to the New Zealand Dollar, and the final cost of your purchase before you authorise the payment for said item/s. Please note if you are purchasing from overseas that you are responsible for paying any import fees or duties which may be payable in relation to your order.

 

Payment:
You can pay for your goods by any of the methods specified on the website. We are currently using Paypal. If you are a NZ resident and Paypal does not suit you, you can contact us at; hello@amberwhitecliffe.com for online banking details.
For Paypal; Payment will be debited and cleared from your account upon receipt of your order by Amber Whitecliffe. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Amber Whitecliffe, we will not be liable for any delay or non-delivery. Amber Whitecliffe will store a record of your transactions for a minimum of one year.
We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Paypal, a secure online payment gateway that encrypts your card details in a secure host environment. We will also give you the opportunity to securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site. Payment may also be made via the internet, through internet transfers, where available. If this is your preferred option please indicate so at the time of your purchase.

Production/Delivery will not commence until payment is received.

 

Stock availability:
Some goods on the website may be out of stock or unavailable and we may not be able to fulfill all or part of your order. If this occurs, we will contact you to arrange a full or partial refund.

 

Shipping:
We use delivery agents to deliver your goods. You agree to your details including your being supplied to the delivery agent for the purpose of delivering your goods. A physical address where a delivery can be signed for between 8am and 5pm needs to be provided when placing an order. Delivery cannot be made to a PO Box. We will endeavor to ship your goods within 24 hours of receiving your order, unless your garment is made to order.
Delivery costs and approximate time for delivery are as follows:
NZ deliveries –
$7 – 1 to 4 business days
Australian deliveries –
$10 – 3 to 10 business days
Rest of the world –
$25 – 3 to 15 business days

 

Insurance and delivery:
Amber Whitecliffe insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Amber Whitecliffe and transfer of responsibility in the same way. Postage cost will be additional to garment cost.

 

Tracking your order:
You can check the current status of your shipment by using the tracking number on the New Zealand Post website www.nzpost.co.nz Simply type in your unique tracking number which we emailed to you, and New Zealand Post will track your shipment for you
Privacy:
At ‘Amber Whitecliffe’ the privacy and personal information of our customers is a high priority. It is, for that reason, in accordance with New Zealand law, we endeavor to protect such information with the highest possible privacy standards We will collect your information for the purpose of supplying you with the goods you order from time to time, and for any other purpose (such as sending you promotional material) that you elect. You consent to us using and disclosing this information to third parties for these purposes. All your personal details will be stored with us. You can access, update, or correct your personal information by contacting us.

 

Liability:
We will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfill or deliver goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an order by you. If we are ever liable to you, or any other person, and we cannot rely on the exclusions of representations, warranties or liabilities set out above, then our liability is in all cases limited to the amount of the price of the goods.

 

Business purchases:
If you are acquiring goods from this website for the purposes of a business, then you agree that the guarantees and remedies provided under the Consumer Guarantees Act 1993 shall not apply to the supply of those goods.

 

Applicable law:
The laws of New Zealand govern this agreement. Your transaction is deemed to have taken place in New Zealand.