Terms and Conditions

1. Introduction

1.1 These terms and conditions apply to the use of our website or the purchase of products offered through our website.

1.2 The defined terms and interpretations of these terms and conditions are set out in paragraph 26.

2. Acceptance

2.1 You represent and warrant that:

(a) You are a natural person and are at least 18 years old;

(b) you have the power to enter into a legally binding contract with us; and

(c) you are not prevented by any applicable law or treaty from entering into a legally binding contract with us.

2.2 We reserve the right to request written confirmation of your authority to accept these Terms.

2.3 You represent and warrant that you have not:

(a) have been convicted of any computer or internet related offence; and

(b) have not in the past refused products or access to the Site.

2.4 We reserve the right to refuse you access to our Site if we consider such refusal necessary or appropriate.

2.5 Abandonment of an order means:

(a) your assurance and guarantee that you have read these Terms and Conditions carefully and in full;

(b) your offer to purchase the Order only in accordance with these Terms and Conditions;

(c) your agreement that any Order Confirmation will be based solely on these Terms and Conditions; and

(d) your undertaking to us to comply with these Terms and Conditions.

2.6 If you do not agree to these Terms and Conditions, you must not use the Site or purchase any Products.

2.7 You must expressly agree to these Terms and Conditions to:

(a) submit information to or through our website; or

(b) purchase a Product.

2.8 By visiting our website, purchasing Products or agreeing to these Terms and Conditions:

(a) you also agree to our privacy policy; and

(b) you accept and agree to comply with our Acceptable Use Policy (see paragraph 12 below for further details).

2.9 We recommend that you print a copy of these terms and conditions for future reference.

2.10 If you do not agree to these terms and conditions, you may not place an order or communicate with us.

3. Personal use

You confirm that you will use the Website to purchase Products solely for your own personal, non-commercial use as a principal and not as a representative or on behalf of any other person.

4. Prices

4.1 The prices of the Products shown on our website are inclusive of delivery charges and all applicable New Zealand taxes and charges payable by you at checkout, unless otherwise clearly stated.

4.2 You will not be responsible for unexpected customs duties, import VAT or other import charges relating to our delivery of Products to you where we have represented that the price at checkout includes all such charges.

4.3 We will do our best to ensure that all details, descriptions and prices of the products that appear on our site are correct. However, there may be instances where errors may occur. If we find that a pricing error has occurred, we will notify you as soon as possible and give you the opportunity to reconfirm your order at the correct price or cancel your order. If we are unable to contact you or do not receive a response from you, the order will be treated as cancelled and you will receive a full refund.

4.4 We are not obliged to fulfil an Order if the price quoted on the Website is incorrect, subject always to your rights under applicable New Zealand law.

4.5 Prices may be changed from time to time. However, such changes will not affect an order for which an order confirmation has been sent.

5. Placing an order

5.1 Once you have placed an order, all orders are subject to stock availability. If we have sufficient stock to fulfil your order, you will receive an order confirmation which will be deemed to be our confirmation of receipt of your order. In the event of delivery difficulties or unavailability of stock to fulfil your order, we will inform you by email and refund any payments made for the order.

5.2 A contract is only concluded if we have issued you with an Order Confirmation and only in respect of the Product(s) listed in the Order Confirmation. These general terms and conditions of sale form an integral part of the contract and are incorporated to the exclusion of any terms that are inconsistent with mandatory New Zealand consumer law.

5.3 If your order consists of more than one Product, the Products may be delivered to you in separate deliveries at separate times.

5.4 We reserve the right to remove Products from the Site at any time. We also reserve the right to edit or remove any material or content from the Site. We shall not be liable to you or any third party for the removal of any Product from our Site or for the editing or removal of any material or content from our Site.

5.5 We reserve the right to refuse or reject any order placed by you at any time before acceptance, subject to your rights under applicable New Zealand law.

5.6 If we cancel your order after we have received payment, the payment for the order will be refunded to you in full.

6. Payment

6.1 You can pay for the Products using any of the payment intermediaries listed on our website.

6.2 You may also pay for all or part of your order using a promotional voucher that we make available to you. Promotional vouchers can only be redeemed online at the checkout.

6.3 We may use payment intermediaries to make payments between you and us. You agree that we may pass documents and information about you to these payment intermediaries, including documents and information containing your personal data.

6.4 We are not a regulated payment processor or money service provider and we are not responsible for any payment failures or problems caused by payment intermediaries, except where liability cannot lawfully be excluded.

6.5 You are responsible for providing complete and accurate information during the payment process and all payments must be made with your own funds. By placing an order, you confirm that:

(a) the method of payment used for payment is yours;

(b) where applicable, you are the rightful holder of the promotional voucher; and

(c) you have sufficient funds or credit capacity to pay for the relevant order.

6.6 We are not responsible or liable for the unauthorised use of your credit, debit or prepaid cards by third parties, except to the extent required by applicable law.

6.7 You shall not:

(a) make or attempt to make any fraudulent chargebacks in relation to any payment you have made for Products; or

(b) reverse any payments you have made in relation to Products without lawful grounds.

6.8 You shall indemnify and hold us harmless from any fraudulent chargeback or cancellation of any payment made by you and from any loss, cost, liability or expense we may incur as a result of or in connection with such chargebacks or cancellations, to the extent permitted by law.

7. Delivery

7.1 We will endeavour to deliver your order to the delivery address given at the time of ordering.

7.2 We will indicate an expected delivery date or estimated delivery timeframe at the time of checkout of your order.

7.3 If we are unable to meet the estimated delivery date or timeframe, we will notify you where reasonably practicable. Nothing in these Terms limits any rights or remedies you may have under the Consumer Guarantees Act 1993.

7.4 We may not be able to deliver Products to certain locations. In this case, we will inform you and arrange to cancel and refund the order or deliver the order to an alternative delivery address confirmed by you.

7.5 Risk in the product remains with us until the product is delivered to you, unless otherwise provided by applicable New Zealand law.

7.6 If you are unable to accept delivery or collection of your order, we may leave a card giving you instructions for redelivery or collection by the carrier.

7.7 If delivery or collection is delayed by your unreasonable refusal to accept delivery, or if you do not accept delivery or collect your order from the carrier, we may charge you for any fees and other costs we may reasonably incur in returning the order to the sender, to the extent permitted by law.

7.8 Goods will be dispatched within the processing period stated on our website. Estimated delivery times will be stated at checkout or on the relevant product page. Delivery times are estimates and may vary.

7.9 Where we arrange delivery, we remain responsible for ensuring that the Products are delivered in accordance with applicable New Zealand consumer law.

8. Cancellation or modification of orders

8.1 Once an order has been placed on our website, you can request to cancel or amend it by sending us an email.

8.2 Once an order has been packed or dispatched, it may not be possible to cancel or change the order. In that case, you may return the Products in accordance with paragraph 10, subject to your rights under the Consumer Guarantees Act 1993.

8.3 As we work with a fully automated system, orders may be processed immediately after they are submitted. We therefore cannot guarantee that a cancellation or amendment request can be processed before fulfilment. Requests made within 24 hours will be considered where reasonably possible.

9. Defective products

9.1 You acknowledge that the Products are standard products and are not custom-made to meet your particular requirements.

9.2 All product descriptions, information and materials on the Website are provided subject to the guarantees and rights that apply under New Zealand law.

9.3 Illustrations of products may differ slightly from the actual product you receive, provided the Product supplied otherwise complies with its description and applicable consumer guarantees.

9.4 If the product you receive is faulty, you can send us an email informing us of the product to be returned and attaching a photograph of the faulty product where possible.

9.5 You can return the product to us in accordance with paragraph 10.

9.6 We will examine the product as soon as we receive it. Our processing time will depend on your order and the nature of the issue.

9.7 We will inform you by email of the outcome of our assessment.

9.8 If a Product fails to meet a guarantee under the Consumer Guarantees Act 1993, you will be entitled to the remedies available under that Act, which may include repair, replacement or refund depending on the circumstances and seriousness of the failure.

9.9 Nothing in these Terms limits or excludes any consumer guarantee or remedy that cannot lawfully be limited or excluded under New Zealand law.

10. Returns and refunds

10.1 Our returns policy forms part of these Terms and Conditions of Sale, on the basis of which you may access and use our Site.

10.2 If you are not completely satisfied with your order and wish to return a Product because you have changed your mind, you may return it within 30 days of delivery, subject to our returns policy and the conditions applicable to change-of-mind returns.

10.3 For change-of-mind returns, the return shipping costs are at the customer's expense, unless otherwise stated in our returns policy or required by law.

10.4 We must have received the product for the customer to be entitled to a refund under our change-of-mind return policy. We will check the returned product on arrival.

10.5 You must ensure that the product is sent to us in substantially the same condition in which you received it and that it is properly packaged. The product should be unused and returned with its original packaging and labels where reasonably possible.

10.6 Our processing time for returns depends on your order.

10.7 If we are satisfied that the returned Product meets the requirements of our change-of-mind return policy, we will send you an email approving your return. A refund will be issued to the payment method used for the order in accordance with our returns policy.

10.8 Nothing in this paragraph limits your rights under the Consumer Guarantees Act 1993. Where a Product is faulty or otherwise does not comply with a consumer guarantee, the applicable statutory remedies will apply.

10.9 Delivery times for returned Products may vary. If a Product is being returned because of a fault or failure covered by the Consumer Guarantees Act 1993, we will comply with the applicable statutory requirements regarding remedies and reasonable costs.

11. Vouchers

11.1 You can use our promotional vouchers or discounts when you make payment for products on the website.

11.2 To use a voucher or discount, the voucher or discount code must be entered on the checkout page of our order.

11.3 Once the voucher or discount code has been entered and applied, the voucher or discount will count towards the total amount of your order at checkout.

11.4 You may only redeem or use one promotional voucher or discount per order.

11.5 The credit from a Promotional Voucher does not bear interest and has no cash value.

11.6 If the credit on a promotional voucher is insufficient for your order, you may pay the difference using a separate payment method available on the site.

11.7 If you use a promotional voucher for an order that has been returned, the value of the promotional voucher will not be refunded. However, if you have paid for part of it using a separate payment method, that part may be refunded.

12. Permitted use

12.1 You may not ("Prohibited Actions"):

(a) use our website in any way or take any action that causes or may cause damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in an illegal, unlawful, fraudulent or harmful manner, or in connection with any illegal, unlawful, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material consisting of or relating to spyware, computer viruses, Trojan horses, worms, keyloggers, rootkits or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction or data harvesting) on or in connection with our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) violate the guidelines set out in our website's robots.txt file;

(g) use the data collected by our website for any direct marketing activities without appropriate consent;

(h) use the data collected by our website to contact individuals, companies or other persons or entities unlawfully;

(i) use or direct the Site to interact with devices, unless you are expressly authorised to do so;

(j) use, directly or indirectly, the Site's infrastructure to initiate, propagate, participate in, direct or attempt to engage in hacking attacks or to send network messages that are bandwidth intensive, malicious or potentially harmful to any device, whether or not owned by us;

(k) copy, publish, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive or access the structure or source code of the Site, directly or indirectly, except where permitted by law;

(l) use or access the Site for the purpose of creating a similar or competing product or service;

(m) sell, assign, sub-license, transfer, distribute or lease your access to the Website;

(n) make the Website available to any third party through a private computer network;

(o) edit or modify in any way any of the content or any hard or digital copy of any material printed or copied from our Website;

(p) use the Site in any manner prohibited by any law or regulation applicable to the use of the Site;

(q) make any unauthorised requests or orders; or

(r) place speculative, false or fraudulent orders.

12.2 You agree that you will be liable to us for any damage, loss, liability, cost or expense that we may suffer or incur as a result of or in connection with any prohibited act committed or authorised by you, to the extent permitted by law.

12.3 You undertake to notify us as soon as possible after becoming aware of any person engaging in a Prohibited Activity. You will give us reasonable assistance in any investigation we may carry out on the basis of the information you provide to us in this regard.

12.4 You must ensure that any information you provide to us through our Site or in connection with our Site or the Products:

(a) is true, accurate, current and complete and not misleading;

(b) complies with all applicable laws and regulations;

(c) does not infringe the privacy, data protection, confidentiality or intellectual property rights or any other rights of any person; and

(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.

12.5 You will promptly provide us with any documents or other information we request to verify your identity. You will immediately update all information you provide to us so that all information you provide to us is at all times complete and accurate.

12.6 You must comply with all applicable laws relating to your use of the Website.

12.7 Please email us if you become aware of any material or activity on our website that does not comply with these terms and conditions.

13. Links to the Website

13.1 Links from our site to other sites and resources provided by third parties are provided for information purposes only. Links from our site to other sites and resources should not be taken as a recommendation or endorsement by us of those linked sites or resources or the information you obtain from them.

13.2 You acknowledge and agree that we have no right or control over the content of other sites and resources linked to our site or referred to on our site.

13.3 You may link to our home page provided that you do so in a fair and legal manner and do not damage our reputation or take advantage of it.

13.4 You must not establish a link in a way that suggests any form of association, authorisation or approval on our part where none exists.

13.5 You must not create a link to our website on a website that you do not own.

13.6 You may not embed our website in frames on another website, or link to any part of our website other than the home page.

13.7 We reserve the right to withdraw permission to link without notice.

13.8 The website to which you link must comply in all respects with the content standards set out in our acceptable use policy.

13.9 Please contact us for prior approval of any link to our website that does not comply with this paragraph 13.

14. Intellectual Property Rights

14.1 The code, structure and organisation of the Website are protected by intellectual property rights.

14.2 We are the owner or licensee of all intellectual property rights in our website and the content and materials published on it. These works are protected by laws and treaties throughout the world. All such rights are reserved.

14.3 You may only use the Website and all of its content for your own personal, non-commercial use and in accordance with these terms and conditions. The content of the Website includes content relating to the Products.

14.4 You undertake to inform us of any suspected infringement of our intellectual property rights.

14.5 You may not use our trade marks without our prior written consent unless they form part of the material you use and reproduce exactly in accordance with paragraph 13.

15. Data protection

15.1 Our privacy policy forms part of these terms and conditions, on the basis of which you may access and use our site.

15.2 We use cookies on our website. We also use cookies to track how our customers prefer to view our website. By accepting these terms and conditions, you also agree to our use of cookies for this purpose. For more information on cookies, please see our privacy policy.

15.3 If you provide us with your personal data, we will process such personal data in accordance with the Privacy Act 2020 and our Privacy Policy.

15.4 Unless specific safeguards are appropriate or otherwise agreed in writing, information and documents generated in connection with the sale of the Products may be shared between us and, in particular, such information and documents may be accessible in electronic form to any of our employees, officers, consultants or agents where permitted by applicable law.

The Privacy Act 2020 governs how New Zealand businesses collect, store, use and disclose personal information, including the information privacy principles.

16. Viruses

16.1 We do not warrant that our website is secure or free from errors or viruses.

16.2 It is your responsibility to configure your information technology, computer programs and platform to access our website. You must use your own anti-virus software.

16.3 You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other malicious or technologically harmful material.

16.4 You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.

16.5 You must not attack our website by means of a denial of service attack or a distributed denial of service attack.

16.6 If we believe that you have breached the provisions of this paragraph 16, your right to use our website will cease immediately. We may report any breach to the relevant law enforcement authorities and will do so if required by applicable law.

17. Liability

17.1 Subject to paragraph 17.13, we will not be liable, to the fullest extent permitted by law, for any loss suffered by you or others as a result of:

(a) third-party or user Content;

(b) our Content, and in particular the accuracy, completeness or timeliness of our Content;

(c) the products, except where liability arises under the Consumer Guarantees Act 1993 or another law that cannot lawfully be excluded;

(d) reliance on any information contained in these terms and conditions or on our website, or on any features provided in these terms and conditions or on our website;

(e) the inability to access the Site or any part of it, or access is at any time unavailable or partial or operates with errors; and

(f) any failure or delay in the performance of our obligations caused by circumstances beyond our reasonable control.

17.2 We shall not be liable to you for loss of profits, business opportunities, goodwill, savings or benefits or any form of indirect, special or consequential loss or damage to the extent permitted by law.

17.3 Nothing in these Terms limits any liability or consumer remedy that cannot lawfully be limited or excluded under New Zealand law.

17.4 Any claim by a party for breach of contract, tort, breach of statutory duty or otherwise arising out of or in connection with these Terms and Conditions will be subject to the applicable limitation periods under New Zealand law.

17.5 Except to the extent that claims cannot be excluded or limited by law, no claim arising out of or in connection with these Terms and Conditions may be made by you personally against any of our employees, officers, consultants or other agents involved in the performance of the relevant obligations.

17.6 Any warranties, conditions, terms, covenants and obligations implied by law that may lawfully be excluded are excluded to the fullest extent permitted by law. Nothing in these Terms excludes or limits any mandatory consumer guarantee.

17.7 Only a claim against us, including our employees, officers or consultants, for an act or omission may be made where permitted by law.

17.8 The limitations in this paragraph 17 apply only to the extent permitted by law.

17.9 If a limitation of liability applies, it applies only to the extent permitted by applicable New Zealand law.

17.10 If we are jointly and severally liable to you with another party, our liability will be determined in accordance with applicable law.

17.11 Any liability we may have to you will be reduced by the part for which another party would have been liable where permitted by applicable law.

17.12 In determining whether other parties are liable to you, no account shall be taken of circumstances that would unlawfully prevent you from exercising your legal rights.

17.13 The exclusions and limitations of liability contained in these Terms and Conditions shall not affect our liability:

(a) for death or personal injury resulting from our negligence;

(b) for fraud or reckless breach of professional duty;

(c) for any other liability which cannot be excluded or limited in the jurisdiction to which a relevant claim is made; and

(d) for any rights or remedies provided to consumers under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or any other applicable New Zealand law.

17.14 These provisions are subject to any mandatory rights and remedies available under New Zealand law.

18. Indemnification

18.1 You will indemnify and hold the Indemnified Parties harmless, on demand, against all claims, costs and losses of whatever nature which the Indemnified Parties suffer or may suffer and which arise out of or relate to:

(a) a material breach by you of the provisions of these Terms and Conditions;

(b) any fraud, negligence, misconduct or reckless disregard of your obligations under these Terms and Conditions; and

(c) your unlawful use of our website.

18.2 We shall be entitled to claim from you reimbursement of all costs reasonably incurred by us in connection with an indemnified claim, to the extent permitted by law.

19. Force majeure event

19.1 If a Force Majeure Event lasts for more than one week, we may terminate the Terms and Conditions by written notice, subject to any rights you may have under applicable New Zealand law.

19.2 We reserve the right to exercise reasonable discretion as to how to deal with the occurrence of a force majeure event in order to meet our obligations under these Terms and Conditions.

20. Variations

20.1 We may change these Terms and Conditions from time to time. We will notify you in advance of material changes where required by law. The current terms and conditions apply to your use of our website and any products offered through our website.

20.2 If you do not agree to amended terms and conditions, you must stop using our website or purchasing our products, subject to any rights arising from orders already placed.

20.3 If you have given your express consent to these Terms and Conditions, we will ask you for your express consent to a revision where required by law.

21. Your breach

21.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we have reasonable grounds to suspect that you have breached these Terms in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily block your access to our website;

(c) suspend the processing of any order;

(d) refuse to accept any payment from you where legally permitted;

(e) permanently bar you from accessing our website;

(f) block access to our website from computers using your IP address;

(g) contact your Internet service provider where legally permitted; or

(h) take legal action against you, whether for breach of contract or otherwise.

21.2 If we suspend, ban or block your access to our site or any part of our site, you must not take any steps to circumvent such suspension, ban or block.

22. Termination and suspension

22.1 You may cease using the Site at any time.

22.2 We may suspend the provision of the Site at any time where reasonably necessary and subject to applicable law.

22.3 Without prejudice to paragraph 22.2, we may suspend or terminate your access to the Site if your use of the Site is likely to give rise to or risk giving rise to legal liability of any kind or to disrupt the use of the Site by others.

22.4 If we suspend or terminate your access to the Site, we will endeavour to notify you in advance. However, we may suspend or terminate your access to the Site immediately where reasonably necessary and permitted by law.

22.5 We do not guarantee that our website will always be available or that it will be available without interruption. We may interrupt, suspend, withdraw or restrict the availability of all or part of our website for commercial or operational reasons. We will endeavour to give you reasonable notice of any such suspension or withdrawal.

23. Effect of termination

23.1 Termination of these terms and conditions will immediately terminate any obligation to provide customer service, except for obligations that survive termination or rights that have already arisen.

23.2 Under no circumstances shall you be entitled to compensation from us for loss of rights, loss of goodwill or any other loss resulting from the termination of these terms and conditions, except where such compensation is required by applicable law.

23.3 Termination of these terms and conditions shall not affect any other rights which have already arisen and shall not affect any provisions of these terms and conditions which, in accordance with their terms, apply or are to come into force thereafter. Paragraphs 17 (Liability) and 18 (Indemnification) shall also apply after termination of these terms and conditions to the extent permitted by law.

24. General provisions

24.1 You may not assign any of your rights under these terms and conditions except where permitted by law.

24.2 The rights, powers and remedies provided by these Terms and Conditions are, unless expressly provided, cumulative and not exclusive of any rights, powers or remedies provided by law.

24.3 We subcontract the hosting of the Website to a third party.

24.4 If the validity or enforceability of any provision of these terms and conditions is limited in any way by applicable law, that provision will be valid and enforceable to the maximum extent permitted by that law. The invalidity or unenforceability of the remaining provision shall not affect the validity or enforceability of the remaining provisions.

24.5 The failure to exercise or delay in exercising any right, power or remedy under these Terms or by law shall not constitute a waiver of such right, power or remedy.

24.6 The exercise of the parties' rights under these Terms and Conditions is not conditional on the agreement of any third party.

24.7 These Terms and Conditions are for our benefit and yours and are not intended to benefit or be enforced by any third party, except where required by applicable law.

25. Applicable law

These Terms and Conditions and any contract for the purchase of Products through our Website are governed by the laws of New Zealand.

Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020 or any other applicable New Zealand law where such exclusion, restriction or modification would be unlawful.

26. Definitions and interpretation

26.1 "Order" means the order you place through our website to purchase one or more Products from us.

"Order Confirmation" means the email we send to you confirming your order.

"Payment Intermediary" means any third party payment processor used by us.

"Product" means a product offered on our website.

"Website" means the Website.

"Site Infrastructure" means all our systems (including code) that enable, provide or describe the Site.

26.2 References to "paragraphs" are to paragraphs of these Terms and Conditions.

26.3 Headings are for convenience only and do not affect the interpretation or structure of these Terms and Conditions.

26.4 Words importing the singular include the plural and vice versa. Words expressing gender include any gender, and references to persons include individuals, companies, entities, businesses or partnerships.

Please email us if you have any questions or concerns about these terms and conditions, the website or the products.

-AveroMuse