Please read these Childs Farm Terms & Conditions of Sale – Consumers (referred to below as “Terms and Conditions”) carefully before ordering any of the products listed on our Site (“Products”). You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from our Site.
Childs Farm Limited (a company registered in England and Wales with company number 07454284 whose registered office is at The Barn, Kestrel Court, Sherborne St John, Basingstoke, Hampshire, RG24 9HJ (referred to below at “Childs Farm”) operates a business selling a range of hair and personal care products for children.
Childs Farm has appointed Image Gallery Ltd (a company registered in New Zealand and whose address is 166 Marua Road, Mt Wellington, Auckland 1051 New Zealand and whose NZBN is 9429000023498) (referred to below as “Image Gallery Ltd”) as its distributor in New Zealand.
These Terms & Conditions of Sale apply to all purchases made by you through the website at childsfarm.co.nz (“the Site”). The Site is owned by Childs Farm and is operated under a licence from Childs Farm by Image Gallery Ltd. References below to “we”, “us” and “our” should be construed as referring to Image Gallery Ltd themselves or acting through a third party appointed by them, unless the context requires otherwise.
Please note that all Products sold on the Site are sold by Image Gallery Ltd and that Childs Farm shall have no liability to you in relation to the sale of the Products by Image Gallery Ltd or any other failure by Image Gallery Ltd.
Please read these Terms & Conditions of Sale (referred to below as “Terms and Conditions”) carefully before ordering any of the products listed on the Site (“Products”). You should understand that by ordering any of the Products from us, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from the Site.
We may amend these Terms and Conditions from time to time as set out in clause 11. Every time you wish to order Products, please check these Terms and Conditions to ensure you understand the terms which will apply at that time.
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 email@example.com 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.
- Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. You are responsible for ensuring the accuracy of your order.
- Once you click on the “Confirm Order” button, we will treat you as having made an offer and payment will be taken in order to purchase the Product(s) subject to these Terms and Conditions.
- We will send you an email to confirm receipt of your order. This does not mean that your order has been accepted: we will then also send you an e-mail confirming when the Product(s) have been dispatched (“Dispatch Confirmation”). It is only at the point when dispatch is confirmed that your order is accepted and a contract for the supply of the Product(s) covered by that Dispatch Confirmation is formed between us (“the Contract”).
- The Dispatch Confirmation will be sent to the email address provided when you placed your order. The Contract will only relate to the Product(s) whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Product(s) which may have formed part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.
- You should print off and retain the Dispatch Confirmation for your records. Please check that all the details on the Dispatch Confirmation are correct and contact us as soon as possible if you become aware that any of the details are incorrect.
- If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order.
- 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.
End of the cancellation period
- Your Contract is for Product(s) that are all delivered on the same day
- The end date is the end of 14 days after the day on which you receive the Product.
- Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
- Your Contract is for Products which are delivered on two or more different days.
- The end date is 14 days after the day on which you receive the last instalment of the Products ordered.
- Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Products on 10 January and the last instalment on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
- Your Contract is for the regular delivery of a Product over a set period.
- The end date is 14 days after the day on which you receive the first delivery of the Products.
- Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
- To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form (see bottom of this page) on the Site. A link to the cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
- You can also e-mail us at firstname.lastname@example.org or get in touch by post to Childs Farm, 166 Marua Road, Mt Wellington, Auckland 1051. If you are e-mailing us or writing to us please include the following details of your order to help us to identify it:
- Products you ordered
- Order date
- Date received
- Your name & address.
- If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
The Products are defective.
- If you have returned the Products to us because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund set out above. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Returning the Products to us.
- If a Product has been delivered to you before you decide to cancel your Contract:
- then you must return it to us unopened without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. The returns address is Childs Farm Ltd, 166 Marua Road, Mt Wellington, Auckland 1051;
- unless the Product is faulty or not as described (see above), you will be responsible for the cost of returning the Product(s) to us.
- We will make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- if you have received the Product: the earlier of 14 days after the day on which we receive the Product back from you and 14 days after you provide us with evidence that you have sent the Product back to us;
- if you have not received the Product: 14 days after you inform us of your decision to cancel the Contract.
- We will refund you by the same method that was used by you to pay.
- 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 email@example.com 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.
- We may, from time to time, fulfil our obligations to you through a third party. Any references in these Terms and Conditions to “we” or “us” (or similar) are references to Image Gallery Ltd itself or acting through such third parties, unless the context requires otherwise.
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
- This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- These Terms and Conditions shall be governed by and construed in accordance with the Fair Trading Act 1986 and New Zealand Consumer Law. Any disputes arising in relation to the Site, Product(s) or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of New Zealand.
- If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.
- If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Headings in these Terms & Conditions are for convenience only and will have no legal meaning or effect.
- The Contract formed under these Terms and Conditions supersedes all previous agreements or arrangements between us in respect of the provision of the Product(s) and represents the entire understanding between us in relation to the same.
- If you have any comments or complaints to make about purchases made through the Site please contact us at the details set out in clause 2.
This Site is owned by Childs Farm Ltd (Company No. 07454284 VAT number 110 452568) registered office address at The Barn, Kestrel Court, Sherborne St John, Basingstoke, Hampshire, RG24 9HJ and operated under a licence by Image Gallery Ltd Pty Ltd (a company registered in New Zealand and whose address is 166 Marua Road, Mt Wellington, Auckland 1051 New Zealand and whose NZBN is 9429000023498).
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