Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by Elspeth ("Elspeth", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.elspeth.co.nz ("the website"). They are effective from 21 March 2016 and will replace all earlier Elspeth terms of trade for online sales and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Availability and supplyAll orders are subject to the availability of those products. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Delivery and delivery chargesPrices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to street addresses in Mt Maunganui and Tauranga. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we provide in your online shopping basket. The delivery cost will be shown in the product description.
We will use all reasonable endeavours to ensure that orders will be dispatched on the advertised date.
PricingAll prices are in New Zealand Dollars and no GST will be charged and are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An order confirmation will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment optionsWe accept the following credit cards: Visa, MasterCard and American Express.
Credit Card SecurityAll payments are processed via the Stripe secure payments system to ensure high levels of payment security and are subject to Stripe terms and conditions. Click here to view Stripe terms: https://stripe.com/nz/checkout/legal
Shipping and deliveryItems will be delivered to street address in Tauranga and Mt Maunganui only or available for collection at the market specified on the advertised product.
The delivery cost will be calculated once you have entered your delivery details.
If you are not at the delivery location on the delivery date the goods will be left in a discreet location. Please specify on your order if you have a specific location you'd like your order to be left.
For collection orders your goods will be held at the market until the close of the market for your collection.
ReturnsElspeth products are hand made from scratch and will be made to order. Unfortunately, refunds will not be provided.
If you are not able to collect your goods from the market we will not be able to provide a refund. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
Liability LimitationWhere you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable law and jurisdictionUnless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General ConditionsWe reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.elspeth.co.nz.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.