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Terms and Conditions

Ordering:

You can submit an order thorough this website or in-store at Amber Whitecliffe Boutique in Parnell. Some of our stockist around NZ also offer orders of AW but please note that the Terms and Conditions below may not apply.  When you order goods from us, this constitutes an offer from you to buy those goods in accordance with these Terms and Conditions.    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 1-8 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 if made online. In-store Once payment in full or a 50% deposit has been made in store 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” . 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 for reasons such as, that we are unable to obtain authorisation for payment, that shipping to the particular address is not possible, the item ordered is out of stock  or that you do not meet the eligibility criteria set-out above. Please note when selecting a “made to order” item that it could take 1-8 weeks depending on the time of year, our busy period is November-March. But we will contact you also to let you know.


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”  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 only given by  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. 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 endeavour 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
$0 – 1 to 4 business days


Australian deliveries
$25 – 3 to 10 business days


Rest of the world
$50 – 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 “no signature required” when ordering then insurance cannot be guaranteed.  In very rare circumstances an order may be lost or stolen in the post, unfortunately, this is beyond our control and Amber Whitecliffe cannot take responsibility. All domestic orders are shipped via NZ Post and International orders via Registered Air Mail. All with track and trace and Signature required on arrival. However, if it doesn’t arrive don’t hesitate to contact us so we can help you track it down!


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 add to the notes of your online order or email to you), and New Zealand Post will track your shipment for you. if you need assistance with this please contact us.


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, customer vouchers etc). 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.


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 16 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.
Amber Whitecliffe giveways on Facebook:
To enter Amber Whitecliffe Giveaways on Facebook you must be a Fan of Amber Whitecliffe on Facebook and follow the exact instructions to enter the draw each week. One entry per person unless stated otherwise. By entering you agree to Amber Whitecliffe using your name and image in marketing material. The winner will be announced via the Amber Whitecliffe Facebook Page and the winner must contact Amber Whitecliffe within 24 hours of the competition closing to claim their prize. The winner will be drawn randomly by Amber Whitecliffe after the closing time of the competition. All clothing prizes are not transferable. Limited styles and sizes may be available in some instances. Clothing prizes may not necessarily come from the latest range of Amber Whitecliffe clothing. Vouchers will have an expiry date and can not be extended, redeemed for cash or on sold. All decisions are final and no correspondence will be entered into.

 

What personal information do we collect from you and how?
Amber Whitecliffe collects personal information in several ways when you place an order or join our mailing list. If an order is placed with us, we need to hold personal information including your name, email address, phone numbers, home address, shipping and credit card billing address(es) so that we can process and fulfil your order. You may also choose to store your credit card details with us. This will only be done with your consent. Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner’s systems. Additionally we may also obtain information as a result of authentication or identity checks. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.

 

How this information may be used, including anyone it might be shared with:
‘Amber Whitecliffe’ may use your personal information for the processing of orders, payments and to provide you with a personalised shopping experience. We will also use your details to fulfil and deliver your orders and manage your account. Your personal information may also be checked with credit agencies to prevent fraud. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body. Information can also be used if you sign up to data base, which send out information about products, sales, new events etc.

 

Opt-in and opt-out provision:
At all times, we will offer you the opportunity to opt-out of any service to which you have subscribed. Any e-mail we send you will contain an easy automated opt-out link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail. In particular, you can opt-out from having your personally identifiable information shared with our business partners or ‘Amber Whitecliffe’ subsidiaries (except as required by law, court order, or as requested by other government or law enforcement authority or as may be required to deliver your purchases). It is not the Company’s current policy to share its customers’ personal details with third parties other than as stated herein.

 

Should you choose to have your name and personal data removed from our database all together, you can do so by sending an email to hello@amberwhitecliffe.com.
How you can access and, if necessary, change the personal information ‘Amber Whitecliffe’ maintains?
If for any reason you are concerned that the personal information held by ‘Amber Whitecliffe’ is not correct, you may contact us by email at hello@amberwhitecliffe.com and we will amend your personal details.

 

Where and how to ask questions or file complaints:
If you require further information about our Privacy Policy, please email hello@amberwhitecliffe.com.

 

Intellectual property rights:
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the content as herein described, including ‘Amber Whitecliffe’ Software and all HTML and other code contained in this site, shall remain at all times vested in ‘Amber Whitecliffe’ and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by international intellectual property and other laws and international treaty provisions. You are permitted to use the content only as expressly authorised by ‘Amber Whitecliffe’ and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

 

Content:
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Amber Whitecliffe tries to ensure that the information on this site is accurate and complete. Amber Whitecliffe does not warrant or represent that Amber Whitecliffe’s content is accurate, error-free or reliable or that your use of Amber Whitecliffe’s content will not infringe rights of third parties. Your use of the website is at your risk. Amber Whitecliffe does not warrant that the functional aspects of the website or Amber Whitecliffe’s content will be error free. Amber Whitecliffe content or the server that makes it available are free of viruses or other harmful components. If your use of this website, or Amber Whitecliffe content results in the need for servicing or replacing property, material, equipment or data, Amber Whitecliffe is not responsible for those costs. Without limiting the foregoing, everything on the website is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Amber Whitecliffe makes no warranties about Amber Whitecliffe content, software text, downloads, graphics, and links, or about results to be obtained from using the website. You bear the entire risk of the completeness, accuracy or usefulness of any content found on this site. Amber Whitecliffe reserves the right to withdraw, temporarily or permanently, any content from this site at any time and for any reason. Removal may be immediate and without notice. You confirm that Amber Whitecliffe is not liable to you or any third party for any such withdrawal.

 

No commercial use:
This site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

 

Your activity:
You use this site at your sole risk. You agree that you will be personally responsible for your use of this site and for all of your communication and activity on this site. We reserve the right to deny you access to this site, or any part of this site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this site on a temporary or permanent basis and any decision to do so is final.

 

Third party:
We may include hyperlinks on this site to other websites or resources operated by parties other than Amber Whitecliffe. Amber Whitecliffe is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

 

General:
While Amber Whitecliffe will use reasonable endeavours to verify the accuracy of any information it places on the site, it makes no warranties, whether express or implied in relation to its accuracy. This site is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this site, or any transaction that may be conducted on or through this site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that this site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under New Zealand law. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this site and any information provided to or taken from this site by you. You agree that we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

 

Indemnification:
At our request, you agree fully to defend, indemnify and hold harmless Amber Whitecliffe immediately on demand from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this site, or the use by any other persons accessing this site using your internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

 

Our relationship:
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Amber Whitecliffe as a result of the TOS or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Amber Whitecliffe, and we shall not be liable for any representation, act, or omission on your part.

 

Entire agreement:
The TOS (as amended from time to time) constitutes the entire agreement between you and Amber Whitecliffe regarding your use of this site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Amber Whitecliffe in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.

 

No waiver:
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

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