Terms & Conditions of Sale

To cancel a Contract in accordance with your legal right to do so, please see clause 9.

To contact us for any other reason, including because you have any complaints, you can contact us by telephoning the Auckland office on (09) 525 5407, by e-mailing us at enquiries@childsfarm.co.nz or by post to Image Gallery Ltd, 166 Marua Road, Mt Wellington, Auckland 1051 New Zealand. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

3.1. Although we have made every effort to ensure that our descriptions of the Products are as accurate as possible, we cannot guarantee that your computer/device will display the images 100% as we intended and the descriptions and images of the Products (including their packaging) on the Site are intended only to give a general description of the Products.

3.2. Please note that a list of the main ingredients and general directions for use for each of the Products are available on the “Shop” section of the Site. However, please always check the ingredients list on the label and if you have any specific medical or allergy issues, you should always seek medical advice if you have any concerns.

4.1. By placing an order through the Site, you undertake to us that:

• you are purchasing the Products as a consumer, and will not re-sell the Products;
• you are aged 18 or over; and
• all details you provide to us are true, accurate, current and complete in all respects, that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the Product(s) ordered.

• All Products are offered for sale subject to availability. The price for the Products shall be the price (in NZD) listed on the Site on the date of your order inclusive of GST but exclusive of delivery charges, which will be added to the total amount due and shown at the “Checkout” stage of the ordering process before you confirm your order. To check relevant delivery charges, please refer to our “Shop” pages of the Site.
• We aim for all prices listed on the Site to be correct at the time of entering the information. We shall be under no obligation however to fulfil an order for Product(s) that were advertised at an incorrect price. In the event that you order Product(s) and the price published is incorrect for any reason, we will contact you to inform you that your order has been cancelled. You will be advised of the correct price of the Product(s) and you may re-order it if you wish. If you have already paid for the Product(s), we shall refund the full amount. Should you choose to re-order at the correct price, a separate transaction will occur.
• Payment must be made by the payment methods listed from time to time in the “Shop” and “Checkout” sections of the Site.

• The personal data submitted by you during the purchase of Products shall be processed in accordance with our Privacy Policy.

• Your Dispatch Confirmation will include an estimated delivery date. Occasionally our delivery to you may be affected by a Force Majeure Event. See clause 10 for our responsibilities when this happens.
• The Product(s) will be delivered to the address provided when you placed your order and risk of damage to or loss of the Product(s) shall pass to you at the time of delivery to that address, even if the Product(s) have not been received by you in person. You own the Products once we have received payment in full, including all applicable delivery charges.
• Any times quoted for delivery are approximate only and we shall not be liable for any failure to deliver the Product(s) on the estimated delivery date. However, if we miss the 30-day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
  – we have refused to deliver the Products;
  – delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
  – you told us before we accepted your order that delivery within the delivery deadline was essential.
• If you do not wish to cancel your order straight away, or do not have the right to do so under the above provisions, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
• You can exercise the above cancellation rights for all or just some of the Products in your Order. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

• We hope that you are totally satisfied with your Products. However, in the unlikely event that you are unhappy with your purchase, please let us know via email at enquiries@childsfarm.co.nz or on the contact details set out in Clause 2.
• To help us identify your order and supply you with a returns form, remember to include the following details:
  – Order number
  – Products you ordered
  – Order date
  – Date received
  – Your name and address
  – Reason for wanting to return the product
  – If faulty, please also attach a photo showing the issue
• Our Customer Services team will then email you a returns form. Please fill it in and post it, along with your unwanted products, to the following address: Image Gallery Ltd, 166 Marua Road, Mt Wellington, Auckland 1051 New Zealand.
• If the products are faulty, you will need to return the products to us and our Customer Services team will also send you a free-post label to return the goods for a refund or replacement. For a refund, please ensure you return the goods within 30 days of delivery.
• Please note that if you’ve simply changed your mind and wish to return your products, they must be unopened and returned to us (at your own cost) within 14 days of delivery. Hair brushes cannot be returned (unless they are faulty) for hygiene reasons.
• Following your return of the products, we will provide you with a full refund as soon as possible and, in any event, within 14 days of us processing your return. We will refund you by the same method you used to pay. Advice about your legal right to cancel the Contract is available from the Commerce Commission.

• As noted above, Childs Farm shall have no liability to you in relation to the sale of the Products by us or any other failure by us.
• If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
• We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• For the avoidance of doubt, nothing in these Terms and Conditions shall serve to exclude or limit our liability in respect of death or personal injury caused by our negligence or the negligence of our officers or employees, fraud or fraudulent misrepresentation or any other liability that cannot be limited or excluded as a matter of law.
• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (a so-called “Force Majeure Event”). If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
  – we will contact you as soon as reasonably possible to notify you;
  – our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over; and
  – you may cancel a Contract affected by a Force Majeure Event which has continued for more than 30 days. To cancel please contact us as set out in clause 9. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

• These Terms and Conditions may be changed by posting the amended version on the Site. Please review them regularly. If you continue to use the Site after a change has been made you are deemed to have accepted the change.
• We may also revise these Terms and Conditions as they apply to your order to reflect changes in relevant laws and regulatory requirements. In such circumstances, we would contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract (in whole or in respect of the affected Products only) if you are not happy with the changes.

• Unfortunately, we cannot ship to international destinations. However, our partner, The British Corner Shop, stocks much of the range and offers great service and delivery wherever you are in the world. Please go to their website for any international deliveries www.britishcornershop.com.
• The Site and these Terms and Conditions have been designed for use within New Zealand. We give no warranty, express or implied, that the Site or the placing of any order through the Site from outside New Zealand complies with any applicable local laws or regulations. Accordingly, any sales or services not permitted under your local law are not offered to you. Furthermore, we reserve the right to refuse any order at its discretion from overseas customers and will have no obligation to provide you with any reasons for refusing an order.