Terms & Conditions

Acceptance of terms

These terms and conditions govern all supply of goods and services ("products") by Buoyline Ltd ("Buoyline Ltd ", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.buoyline.co.nz and www.buoy-line.com ("the website"). They are effective from 17/03/19 and will replace all earlier Buoyline Ltd terms of trade 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; or under the supervision of an appropriate guardian over the age of 18.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.




Availability and supply

All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.




Delivery and delivery charges

Prices for goods and services stated on our website are exclusive of any applicable delivery charges.

We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.

We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.




Pricing

All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

An invoice 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 options

We accept the following credit cards:

Visa, MasterCard and American Express.




Credit Card Security

All payments are processed via Stripe's secure payments system to ensure high levels of payment security and are subject to Stripe's terms and conditions.

Click here to for Stripe's Global Privacy Policy.
https://stripe.com/nz/privacy#security-and-retention





Shipping and delivery

SHIPPING WITHIN NZ

Buoyline uses the company Pass the Parcel to ship within New Zealand.

Shipping costs and calculations within New Zealand are based on the estimates provided by the company Pass the Parcel.

The cost of shipping is calculated once the customer has entered their shipping details.

For shipping within New Zealand, we expect your order to arrive within four working days of online purchase.

Tracking details will be provided to you in an email with your order confirmation.



OVERSEAS SHIPPING

Buoyline uses NZ Post to ship outside of New Zealand.

Shipping costs and calculations within New Zealand are based on the estimates provided by the NZ Post.

The cost of shipping is calculated once the customer has entered their shipping details.

For shipping overseas, we expect your order to arrive within 3 weeks of online purchase.

Tracked postage may be an additional cost, to ensure your order is tracked please contact us for details.

Tracking details will be provided to you in an email with your order confirmation.




Returns

CHANGE OF MIND POLICY

We are happy to offer you a refund or exchange for change of mind on most full price and reduced merchandise.

The following change of mind timeframes apply:
In-store: 30 days from date of purchase
Online (Australia/New Zealand): 30 days from date of delivery
Online (International): 45 days from order placement.

Subject to the Consumer Guarantees outlined below, merchandise returned for change of mind within the above timeframes can be returned for an exchange or full refund subject to the following conditions:
Proof of purchase is accompanied with the returned merchandise;
The merchandise is unworn, unwashed, unused and in its original condition with all tags intact.
Any discounts received at the time of purchase will be carried over.
Exceptions to our change of mind policy.

Our change of mind policy does not apply to the following merchandise:
Head bands
Due to hygiene reasons, headbands are unable to be returned for change of mind.

Personalisation:
Personalised items cannot be returned for a refund or exchange for change of mind.




CONSUMER GUARANTEES

Our Change of Mind Policy does not affect your rights under the New Zealand Consumer Law and you have consumer guarantees that cannot be limited by us. If your product is not of acceptable quality, is not fit for its purpose or is different from its description or sample, then you may be eligible for a refund, exchange or any drop-in value of the product (if you choose to keep it).

If you have purchased a product with a major fault, you have the right to ask for your choice of a replacement or refund. If you purchased a product with a minor fault, we can choose to give you a free repair instead of a replacement or refund. Further information is available at https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act/

Merchandise returned under consumer guarantees can be returned within a reasonable time frame subject to proof of purchase.

Merchandise marked as seconds or sample product must be chosen carefully as these items cannot be returned due to the fault that was identified at the time of purchase. If the seconds or sample product exhibits a fault (not related to the fault identified at the time of purchase), is not fit for purpose or is incorrectly described, it may be returned in accordance with the above consumer guarantees.

Our customer service team are unable to review any worn or used items via email or phone. All items must be physically returned either via mail or in person to be processed, in accordance with the process detailed below.


ONLINE CANCELLATIONS & ORDER AMENDMENTS

Unfortunately, we are unable to cancel or make any amendments to any online orders after your order is placed. Amendments may include but are not limited to:
Change of delivery address
Changes to colours and sizes
Adding or removing items
Applying discounts
Full order cancellations

Please ensure all details provided are full and correct at the time of order placement.

If wrong, then please contact us as soon as possible and we will try to amend the error. However we cannot guarantee the change can be processed after you have entered your details and purchased.


FAULTY, DAMAGED OR INCORRECTLY DESCRIBED ITEMS

When returning or exchanging a faulty, damaged or incorrectly described item, Buoyline will arrange return postage on your behalf or refund postage costs upon presentation of receipt/s. This is subject to inspection by Buoyline prior to sending goods back to us. Should you need further assistance regarding this process, please contact Buoyline through our email for customer service.




Liability Limitation

Where 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 jurisdiction

Unless 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.




Privacy policy and Confidentiality

Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

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 Conditions

We 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.buoyline.co.nz (also www.buoy-line.com).

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.

 

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