TIMA’S STYLE LOUNGE LIMITED ONLINE TERMS AND CONDITIONS OF SERVICE
Please read these Terms and Conditions carefully before You use this Website Platform.
By using the Platform, You have, read, accepted and agreed to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, You should cease using the Website Platform immediately.
1.1. “Agreement” means the Terms and Conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Agreement.
1.2. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Our information and pricing details.
1.3. “Charges” means the Charges payable (excluding any Goods and Services Tax (GST) where applicable) for the Services, as agreed between Us and You in accordance with clause 4 below and shall be New Zealand dollars ($NZ) unless otherwise specified.
1.4. “Minimum Hire Period” shall mean the Minimum Hire Period as described on the invoices, quotation, authority to hire, or any other forms as provided by Us to You.
1.5. “Personal Information” means any information that identifies or can be used to identify You, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
1.6. “Product(s)” shall mean various types of handbags (including any accessories) supplied on hire by Us to You (and where the context so permits shall include any incidental supply of services). The Product(s) shall be as described on the invoices, quotation, authority to hire, or any other work authorisation forms as provided by Us to You.
1.7. “You”, “Your” or “Yourself” means any person/s (end user) being of the legal age of eighteen (18) years.
1.8. “We”, “Us”, “Our” or “Ourselves” means Tima’s Style Lounge Limited, its successors and assigns or any person acting on behalf of and with the authority of Tima’s Style Lounge Limited.
1.9. “Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.
1.11. If You intend to transact through this Website (i.e hire of Product(s) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You and once an order is placed and accepted by Us these Terms and Conditions are deemed to be accepted by You by electronic acceptance via this Website.
1.12. These Terms and Conditions form the basis of the Agreement between Us and You for the sole purpose of hire (personal use only) Product(s) for and shall at no stage be considered to be an Agreement for the purchase of said Product(s).
1.1. If You have provided Us with an email address for communication purposes We will fully comply with all requirements under the Unsolicited Electronic Messages Act 2007. It is important that You maintain Your correct information on Your profile (i.e. email addresses etc) so that You do not miss out on any of Our important notices.
1.13. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.
1.1. All bookings of Product(s) for hire from Us are approved only via this Website.
1.2. All orders placed via this Website must be done by 12.00pm on the Wednesday prior to any weekend event to ensure the arrival of the Product(s) on the Friday. Please state at the time of Booking, if You require an order to be processed urgently or on a deadline. All orders are subject to Our policy of two (2) business days notice, prior to any hire period start date, however, a $20.00 fee will be charged for processing if an order is for same day dispatch.
1.3. Any extension of a Hire Period must be rebooked with Us online for further use of any Product(s), upon acceptance by Us a confirmation will be issued to You via email.
1.4. You acknowledge and accept that colours of items displayed on the Website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to Us for use, or the quality, age or settings on Your monitor. If colour is a major factor in Your decision making We recommend You contact Us before You agree to hire the Product(s).
1.5. For bookings, You can contact Us as follows:
2. Credit Card Information
1.6. We will:
(a) Keep Your personal details, including credit card details for only as long as is deemed necessary by Us;
(b) not disclose Your credit card details to any third party;
1.7. You expressly agrees that, if pursuant to this Agreement, there are:
(d) any unpaid Charges (including late Product(s) returns);
(e) other amounts due and outstanding by You;
(f) any Goods (or any part of them) supplied on hire that are lost or damaged, You allow Us the right to collect the full value of the Product(s) as displayed on Our Website Product(s) page, unless subject to an insurance claim; or
(g) any other additional Charges due from You which were not known at the time of the return of the Product(s), then You grant us the right to immediately charge Your nominated credit card for these amounts, and We are irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer any and all amounts which may be due by You pursuant to the terms of this Agreement.
3. Charges and Payment
1.8. The Charges presented to You on Our Website shall be the full hire cost as per the checkout dollar figure ($NZ), however, additional Charges may apply, if subject to clause 4.2 .
1.9. You agree to Your credit card details being held by Us during and up until the return of the Product(s) as a form of security bond. The security bond may be used to offset any applicable Charges payable by You under clause 4 , and any outstanding balance thereof shall be due as per clause 5.3.
1.1. The Hire Charges selected at the time of booking, shall be either:
(h) a four (4) day hire rate; or
(i) one (1) week hire rate; or
(j) two (2) week hire rate; and
(k) extra hours and/or days of hire will be charged additional, pro rata at the agreed rate, however, where You have not contacted Us to seek an extension of the Hire Period, a penalty Charge of thirty ($30) dollars per day will apply.
1.10. Time for payment for the Product(s) being of the essence, the Charges will be payable by You on the date/s determined by Us, which shall be:
(l) at the time of placing an order prior to dispatch of the Product(s); or
(m) where payment is made via electronic/online banking the order shall not be deemed accepted by Us until We physically receive the payment.
1.11. Payment may be made by either electronic/on-line banking or credit card (a surcharge may apply per transaction).
1.12. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
1.1. If You owes Us any You shall indemnify Us from and against all costs and disbursements incurred by Us in recovering the debt (including but not limited to, internal administration fee, legal costs on a solicitor and own client basis, Our contract default fee, and bank dishonour fees).
1.2. Further to any other rights or remedies We may have under this Agreement, if You have made payment to Us, and the transaction is
subsequently reversed, You shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Us under this clause 4 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to Your obligations under this Agreement.
1.1. GST and other taxes and duties that may be applicable shall be added to the Charges except when they are expressly included in the Charges.
1.2. Receipt by Us of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognized, and until then Our ownership or rights in respect of the Services, and this Agreement, shall continue.
2. Provision of the Services
1.3. Delivery (‘Delivery’ and/or ‘Return’) of the Product(s) is taken to occur at the time that:
(n) the designated courier company records a signed receipt of pick-up of the Product(s) at Our address; or
(o) the designated courier company records a signed receipt of pick-up from You and return of the Product(s) to Our address.
1.4. The Delivery and Return costs are included in the Charges.
1.5. You must inspect the Product(s) on Delivery and must within twenty-four (24) hours of Delivery notify Us in writing of any evident defect/damage. You must notify any other alleged defect in the Product(s) as soon as reasonably possible after any such defect becomes evident. Upon such notification You must allow Us to inspect the Product(s).
1.6. Any time specified by Us for delivery of the Product(s) is an estimate only and We will not be liable for any loss or damage incurred by You as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Product(s) to be delivered at the time and place as was arranged between both parties.
1.7. Risk of damage to or loss of the Product(s) passes to You on Delivery.
1.8. If any of the Product(s) are damaged or destroyed following delivery but prior to possession passing to You, We shall be entitled to receive all insurance proceeds payable for the Product(s). The production of these Terms and Conditions by Us is sufficient evidence of Our rights to receive the insurance proceeds without the need for any person dealing with Us to make further enquiries.
4. Hire Period
4.1. Hire Charges shall commence on the date selected by You and will continue until the end of the last day selected (the ‘Hire Period’) confirmation is ratified by the signed receipt recorded by the courier company on the day of delivery and ends at the recorded pickup day as per the courier company.
4.2. The date upon which You advise of termination shall in all cases be treated as a full day’s hire.
4.3. Any extension of a Hire Period You request, will only be granted upon rebooking online refer clause 3.2 .
5. Your Responsibilities
5.1. You shall:
(p) keep the Product(s) in their own possession and control and shall not assign the benefit of the Product(s), pledge Our credit for repairs to the Product(s), nor be entitled to take a lien over the Product(s);
(q) not arrange for the cleaning of the Product(s) without prior approval from Us;
(r) not alter or make any additions to the Product(s) including but without limitation altering, make any additions to, defacing the Product(s) or in any other manner interfere with the Product(s);
(s) keep the Product(s), complete with all accessories, clean and in good order as delivered;
(t) notify Us immediately in writing of any loss or damage to the Product(s);
5.2. Immediately on request by Us, You will pay:
(u) the new list price of the Product(s) or accessories that are for whatever reason destroyed or not returned to Us;
(v) the cost of repairing any damage to the Product(s) caused by wilful or negligent actions by You or You employees;
(w) any costs incurred by Us in picking up and returning the Product(s) to Our premises if You do not return the Product(s) to Our premises or any pre-agreed pickup location when it was originally agreed that You would do so.
(x) any lost hire Charges We would have otherwise been entitled to for the Product(s), under this, or any other hire Agreement;
(y) insurance excess payable in relation to a claim made by either Us or You in relation to any damage caused by, or to, the Product(s) hire whilst the same is hired by You and irrespective of whether charged by Your insurers or Ours.
5.3. You accept full responsibility for the safekeeping of the Product(s) and You agree to indemnify Us byway of the second bond against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks Further You will not use the Product(s) nor permit it to be used in such a manner as would permit an insurer to decline any claim.
6. Our Responsibilities
6.1. We will use all reasonable efforts to ensure the Product(s)/s are supplied clean and in a wearable condition.
1.9. The Product(s) shall at all times remain Our property and is returnable on demand by Us.
1.10. In the event that You fail to return the Product(s) to Us on or by the due date as agreed, then the following conditions will apply:
(z) We will or Our agent may (as the invitee of Yours) enter upon and into land and premises owned, occupied or used by You, or any premises where the Product(s) are situated and take possession of the Product(s); and
(aa) You agree to indemnify Us for any loss or damage caused to the Product(s), while in Your possession; or
(bb) if the Product(s) is unrecoverable, You will be liable for the insurance excess as per clause 9.2(e) .
1.11. Without prejudice to any other remedies We may have, if at any time You are in breach of any obligation (including those relating to payment) under these Terms and Conditions We may suspend or terminate the supply of Product(s) to You. We will not be liable to You for any loss or damage You suffer because We have exercised Our right under this clause.
1.12. We may cancel any contract to which these Terms and Conditions apply or cancel Delivery of Product(s) at any time before the Product(s) are delivered by giving written notice to You. On giving such notice We shall repay to You any money paid by You for the Product(s). We shall not be liable for any loss or damage whatsoever arising from such cancellation.
1.13. In the event that You cancel Delivery of Product(s) You shall be liable for any and all loss incurred (whether direct or indirect) by Us as a direct result of the cancellation (including, but not limited to, any loss of profits).
Storing Personal Information
9.2. When making a transaction through this Website personal information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the information cannot be read by or altered by outside influences.
Information We Collect
9.3. When You request Product(s) and/or Services We may collect personal information supplied by You when You complete an online form in order to facilitate the purchase of Product(s) and/or Services. Such information will enable Us to process Your transactions efficiently and analyse Our Website Services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user friendly for You and to measure the success of any advertising activities We may under take:
(cc) Your IP address.
(dd) the date and time of You visit to our Website.
(ee) You click and activate on this site.
(ff) the referring site if any through which You clicked through to this site.
(gg) technical information on Your browser, device and operating systems;
(hh) any input into Our Website.
Information We Release
1.1. We will only release information about You as authorised by You, required by law or where required in order for us to provide Product(s) or Services to You e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose. We will not release Your information for any purpose which You could reasonably expect Us not to release the information.
9.4. Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your personal information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure You are provided with information about our products and Services or to request Product(s) and Services through this Website.
9.5. Under the Privacy Act legislation You can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within thirty (30) days of the receipt of Your request.
Other Data Protection Rights
9.6. You may have the following data protection rights:
(ii) to access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete and up to date.
(jj) in addition, individuals who are residents of the European Economic Area ‘EEA’ can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the “Questions and Concerns” section below.
(kk) similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.
(ll) the right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Questions & Concerns
9.7. If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please use Our contact form via this Website to send Us a message.
10.1. Our Website uses a technology called cookies (a small element of data that Our Website may send to Your computer) that may be used to provide You with specific information for the purpose of Us tracking site usage and traffic. These cookies do not read Your hard drive but may be stored on Your hard drive to enable Our Website to recognise You when You return to the same.
11. Mailing Lists
11.1. If at any time You are on Our mailing list , You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the ‘Contact Us’ section of this Website.
12. Copyright and Trademarks
12.1. The contents of this Website are at all times the copyright or trademark property of either Ourselves, our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, our suppliers or linked third parties (each as applicable). Furthermore You agree to indemnify Us against any claims, costs, damages or losses incurred by Us should You fail to comply with clause.
13. Advertisers and Linked Sites
1.2. The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third party provider or any of their Website content or business practices. As We do not have any control of the content of any third party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the Terms and Conditions of use and the Privacy policies of any third party Website immediately You access such a site.
1.3. We shall accept no liability in regards to any dealings, promotions or activities between You and advertisers or third party providers.
14. Termination of Use of the Website
1.2. These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).
15. On-Line Ordering and Continuous Service
1.3. You acknowledge and agree that:
(a) We do not guarantee the Website’s performance;
(b) display on the Website does not guarantee the availability of any particular Products; therefore, all orders placed through the Website shall be subject to confirmation of acceptance by Us;
(c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades. Where able We shall give You advanced warning of the same;
(d) there are inherent hazards in electronic distribution, and as such We cannot warrant against delays or errors in transmitting data between You and Us including orders, and You agree that to the maximum extent permitted by law, We will not be liable for Website downtime whether scheduled or otherwise that results in online access not being available and/or for delays or errors in transmitting information and Your responses;
(e) if You are not the cardholder for any credit card being used to pay for the Products, We shall be entitled to reasonably assume that You have received permission from the cardholder for use of the credit card for the transaction.
1.4. We reserve the right to terminate Your order if it is learnt that You have provided false or misleading information (including but not limited to, where You are to resell the Products for commercial purposes without prior arrangement), interfered with other users or the administration of Our business, or violated these Terms and Conditions.
16. Message Boards
1.5. We provide Message Boards for the use of Our Website users. The Message Boards may not be used to promote Websites or any commercial or business activity. We are not responsible for any of the opinions expressed in the Message Boards. By posting a message to the message board You agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
1.6. Feedback is provided for the purpose of facilitating trading by You on Our Website. Feedback provided on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate.
1.7. You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
1.8. You must not post feedback about Yourself or include any contact details or Personal Information in Your feedback.
1.9. Any dispute or difference arising as to the interpretation of these Terms and Conditions or as to any matter arising herein, shall be submitted to, and settled by, mediation before resorting to any external dispute resolution mechanisms (including arbitration or court proceedings) by notifying the other party in writing setting out the reason for the dispute. The parties shall share equally the mediator’s fees. Should mediation fail to resolve the dispute, the parties shall be free to pursue other dispute resolution avenues.
1.10. This Website (excluding any linked third party sites) is controlled by Us from Our principal business premises in New Zealand. It can be accessed from countries around the world to the extent permitted by the Website. As each country has laws that may differ from New Zealand, by accessing this site, You agree that the laws and statutes of New Zealand and are subject to the jurisdiction of the Auckland Courts where the Product(s) and/or Services were supplied and shall apply to any dealings, actions or claims arising out of, or in relation to, this Agreement, or Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.
1.11. The failure by the either contracting party to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect that party?s right to subsequently enforce that provision. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
1.12. We shall be under no liability whatsoever for Your actions arising as a result of use/misuse of content provided to others for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these Terms and Conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the hire Charges for the Product(s).
1.1. We may licence and/or assign all or any part of Our rights and/or obligations under this Agreement without Your consent.
1.2. You cannot licence or assign without the written approval from Us.
1.13. Neither party shall be liable for any default for payment or Product(s) and/or Services, delay, defect or deficiency hereunder to the extent that such default, delay, defect or deficiency is caused by an event of force majeure which affects performance by hindering, delaying or making considerably more difficult the fulfilment of commitments of the party, including any act of God, war, terrorism, fire, flood, storm or other event beyond the reasonable control of either party.
1.14. Both parties warrant that they have the power to enter into this Agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Agreement creates binding and valid legal obligations on them.