1.1. In these Terms and Conditions and in any Contract to which these terms and conditions apply, unless the context otherwise requires:

1.1.1. Agreement means an agreement between the Customer and the Company comprising these Terms and Conditions;

1.1.2. Little Luxuries means Little Luxuries Limited, which is the Seller of the Products;

1.1.3. Little Luxuries Group means Little Luxuries, its related companies and directors, officers, employees or agents of Little Luxuries or its related companies;

1.1.4. Little Luxuries Online Shopping means this internet site owned by Little Luxuries being the medium by which Products are offered for sale online by Little Luxuries to the Customer;

1.1.5. Company means Little Luxuries Limited;

1.1.6. Customer means you and all other persons who purchase the Products under your Login, and as the context requires, includes any person browsing Little Luxuries Online Shopping, who is not registered to use Little Luxuries Online Shopping;

1.1.7. Delivery Point means an outside area of the Premises, such as the Customer’s front door, or any particular outside area specified by the Customer on a particular Product Order Form. If the premises are a multi level building, the delivery point shall be located on the ground floor of such building;

1.1.8. Fulfilment Fee means the fee the Customer must pay to have an order picked, packed and delivered and may also be referred to as a “delivery fee”.

1.1.9. GST means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985;

1.1.10. Intellectual Property means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright and whether or not registered or registerable by any means, and the right to file an application for registration thereof;

1.1.11. Login means a Customers personal email address and password used to access Little Luxuries Online Shopping under the Customers registration;

1.1.12. Premises means the premises at the address specified by the Customer on their registration application, as amended from time to time;

1.1.13. Products means the products for sale on Little Luxuries Online Shopping;

1.1.14. Site means the New Zealand based internet website located at http://www.littleluxuries.co.nz;

2.1. This Site is provided by Little Luxuries Online Shopping subject to the following Terms and Conditions, which may be updated by us from time to time in our sole discretion.

2.2. This Agreement applies to the internet website located at http://www.littleluxuries.co.nz. In addition when using this Site, you agree that you are subject to any additional posted guidelines, rules, terms and conditions. All such guidelines, rules, terms and conditions are hereby incorporated by reference into this Agreement.

2.3. Your access to and use of this Site, is subject to these Terms and Conditions and by using this Site you represent that you have read, understand and agree to the Terms and Conditions and agree to be bound by them. If you do not agree to these Terms, please do not use this Site.

2.4. Little Luxuries may at its absolute discretion modify or discontinue, temporarily or permanently, the Site, or any Products offered through the Site in whole or in part and with or without notice to the Customer.

2.5. You agree that littleluxuries.co.nz and the Company, its subsidiary and/or affiliated companies (Little Luxuries Group) shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or of any Product(s) (as defined above). Your continued use of the Site after any such changes will indicate your acceptance of such changes.

2.6. If you have any questions regarding the meaning or application of this Agreement please contact us by emailing enquiries@littleluxuries.co.nz.

2.7. Orders placed through Little Luxuries Online Shopping constitute legal offers to purchase and are capable of being accepted by Little Luxuries without any further reference to the Customer.

2.8. These Terms and Conditions shall prevail over any other document purporting to have a contractual effect.

3.1. Registering with littleluxuries.co.nz is free

3.2. Little Luxuries has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

3.3. No costs are payable to register to use Little Luxuries Online Shopping, but Customers are responsible for any costs incurred in using Little Luxuries Online Shopping, including any charges imposed by their internet service provider.

3.4. Little Luxuries may at its absolute discretion suspend or terminate the registration of any Customer for any reason whatsoever

4.1. An order submitted by a Customer before 1pm on Anzac Day or at any time on Good Friday, Easter Sunday or Christmas Day shall not be accepted by Little Luxuries immediately at checkout but shall be deemed to have been accepted by Little Luxuries at 1.05pm on Anzac Day or 12.05am on the day following Good Friday, Easter Sunday or Christmas Day (as the case may be).

4.2. Unless otherwise agreed, Customers may not purchase products through Little Luxuries Online Shopping for the purpose of resale.

5.1. Little Luxuries shall use its reasonable endeavors to prevent any unauthorised entry into Little Luxuries Online Shopping. However, no member of the Little Luxuries Group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

5.2. Safe payment systems – Little Luxuries uses “Ebiz Secure” to securely authorise credit card payments before any charges are made. For further information regarding “Ebiz Secure” please visit http://www.warpfusion.com/ecommercesolutions_paymentgateway.asp.

6.1. While Little Luxuries has endeavored to ensure that the information provided on the Site is free from error, no member of Little Luxuries Group warrants its accuracy, adequacy or completeness and no member of Little Luxuries Group shall be responsible or liable for any error in, or omission from, the information provided on the Site.

6.2. We reserve the right to make changes to the information provided on Little Luxuries Online Shopping at any time and without notice.

7.1. The Customer agrees not to use Little Luxuries Online Shopping for any purpose that is unlawful or prohibited by these Terms and Conditions. Customers may download the information on Little Luxuries Online Shopping for their own personal use but otherwise neither Little Luxuries Online Shopping nor any material on it may be altered, modified, reproduced, transmitted or distributed without Little Luxuries’ prior written consent.

7.2. The Customer agrees that it will not create a hyperlink to Little Luxuries Online Shopping without Little Luxuries Online Shopping's express written permission. If a Customer does create a hyperlink to Little Luxuries Online Shopping, that Customer is responsible for all losses any member of the Little Luxuries Group may suffer as a result of that link, whether direct or indirect. Linking to Little Luxuries Online Shopping is at the Customer’s own risk

7.3. The Customer agrees that it will not interfere with any other party’s use and enjoyment of Little Luxuries Online Shopping or damage the operation of Little Luxuries Online Shopping, or Little Luxuries’ systems or those of other persons who use Little Luxuries Online Shopping, whether by way of a virus, corrupted file, any other software or program or otherwise.

7.4. In addition, you agree not to:

7.4.1. breach any copyright, trademark, trade secret, right of publicity or other proprietary rights without the express permission of the owner(s) of such rights.

7.4.2. attempt to steal passwords or credit card information;

7.4.3. use the site for any fraudulent or unlawful purpose;

7.4.4. impersonate any person or entity;

7.4.5. transmit any duplicative or unsolicited messages or interfere with or disrupt the operation of this Site;

7.4.6. transmit or otherwise make available in connection with this Site any virus, worm, Trojan horse or other harmful code.

7.4.7. restrict or inhibit any other person from using the Site, including by hacking or defensing any portion of the Site;

7.4.8. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; and

7.4.9. frame or mirror all or any part of the Site without our prior express written authorization.

8.1 Recognising the global nature of the internet, you agree to comply with all local laws and rules regarding online conduct and acceptable content. Specifically you agree to comply with applicable laws regarding the transmission of technical data exported from New Zealand and the export and import laws of the country in which you reside.

9.1. The Customer shall pay Little Luxuries for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increased or decreased between the time the order is submitted and the time when the Product is delivered.

9.2. Little Luxuries may vary the prices of the Products at any time without notice.

9.3. Specials are subject to availability while stocks last.

9.4. The prices of Products are displayed in New Zealand currency.

9.5. All prices are quoted inclusive of GST.

9.6. In addition to the price of Products ordered, the Customer shall pay Little Luxuries a Fulfillment Fee. This fee covers the costs associated with picking, packing and the delivery of your order. The fee shall be identified and included in the total price at the point of checkout.

9.7. Little Luxuries may from time to time set credit limits for individual Customers.

10.1. Customers are liable for every order made under their login.

10.2. Customers must pay Little Luxuries for the Products ordered by credit card. Little Luxuries Online Shopping does not accept eftpos, cash, cheque, voucher or any other form of payment.

10.3. If a Customers credit card is declined by its financial institution, delivery of the relevant order will not be made, and Little Luxuries will contact the Customer to make alternative payment arrangements. Little Luxuries reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.

10.4. Little Luxuries may change at any time the way in which a Customer pays for Products, and any change will be notified to the Customer prior to the change coming into effect.

10.5. Payment must be for the full amount as stated on the invoice and must not have deductions for bank fees incurred by the Customers. Payment must be made in the currency stated on the invoice.

10.6. If a Customer is invoiced an incorrect amount, Little Luxuries shall be paid by, or refund to, the Customer the necessary adjustment to reflect the correct amount that should have been invoiced.

10.7. The Customer is liable for all costs associated with debt collection where the Customer defaults in payment for any order.

11.1. Little Luxuries will only accept orders on evidence of a correctly completed order form.

11.2. Little Luxuries reserves the right not to accept any order.

11.3. The Customer cannot cancel an order after the order has been submitted.

12.1. Delivery occurs when the Products are delivered to the Delivery Point, where responsibility for loss, breakage,and damage passes to the Customer.

12.2. Little Luxuries currently only accepts orders for delivery within New Zealand. Requests for delivery outside New Zealand should be emailed to enquiries@littleluxuries.co.nz. Additional Fulfilment Fees will apply.

12.3. Customers shall ensure that their Delivery Point is easily accessible and that it is safe to enter the Customers’ premises in order to complete the delivery.

12.4. Every effort will be made to fulfill orders placed with Little Luxuries Online Shopping, but no member of the Little Luxuries Group shall be liable to any person if Little Luxuries is unable to or declines to supply a Product for any reason whatsoever.

12.5. Little Luxuries reserves the right to limit quantities able to be ordered by, or delivered to Customers. If a Customers order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.

12.6. Little Luxuries may delay dispatch of orders if the Products requested are not in stock.

12.7. Little Luxuries reserves the right to limit the range of products to certain areas.

12.8. If the Customer indicates to Little Luxuries that it will refuse to accept delivery, then the Products shall be deemed to have been delivered when Little Luxuries was willing to deliver them. Little Luxuries may charge storage, transportation costs and all related expenses if the Customer refuses to accept delivery.

12.9. Little Luxuries reserves the right to deliver the Products in instalments. Any dates quoted by Little Luxuries for delivery are approximate only and shall not form part of the Agreement. Little Luxuries shall use its best endeavors to deliver the Products by the quoted date, however it shall not, under any circumstances, be liable for any costs, expenses, damages or loss of profits incurred by the Customer as a result of a delay in delivery.

13.1. If any Product delivered does not correspond with a Product ordered, the Customer may:

13.1.1. Keep the incorrectly delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or

13.1.2. Give notice to Little Luxuries within seven days after delivery that the Products do not comply with the relevant specifications or descriptions.

13.2. Unless the Customer complies with the clause above, the Products are deemed to have been accepted in good order and condition.

13.3. If the Customer rejects the Product in accordance with clause 13.1.2 above, Little Luxuries will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date in which the Product was ordered).

13.4. If a Customer chooses to reject an incorrectly delivered Product in accordance with 13.1.2, any product rejected by the Customer under clause 13.1.2 will be returned to Little Luxuries at the customer’s own risk and expense. If the Customer is unable, or refuses to deliver out the Product when requested, Little Luxuries reserves the right to charge the Customer for that Product.

13.5. No return of Products will be accepted unless the company has previously agreed in writing. If the company agrees to the return of Products, a full credit will only be given if the Products are unsoiled, undamaged and in a reasonable condition. Products returned must be adequately packed and dispatched, freight pre-paid to Little Luxuries in New Zealand.

13.6. If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, Little Luxuries will, at the request of the Customer, redeliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock, Little Luxuries may cancel the order for that Product) (in each case without incurring any cancellation fee), and Little Luxuries will refund the value of the relevant Product (as at the date on which the Product was ordered).

14.1. Property and risk in the Products shall pass to the Customer upon delivery to the Delivery Point.

14.2. The Customer shall keep their login details safe and confidential at all times

15.1. All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law.

15.2. Little Luxuries makes no warranty or representation that:

15.2.1. The Product will meet your requirement;

15.2.2. The Product will be timely secure or error free;

15.2.3. The results that may be obtained from the use of the Product will be accurate or reliable;

15.2.4. The quality of any Products, information or other material purchased or obtained by you through the Site will meet your expectations.

15.3. No advice or information whether oral or written obtained by Little Luxuries or its group or through or from the Site shall create any warranty or other obligation not expressly stated in the Agreement.

15.4. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that all such Products are accepted by the Customer entirely at the Customers risk.

16.1. The liability of Little Luxuries whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of Little Luxuries obligations hereunder shall not in any event exceed an amount equivalent to the price paid for the relevant Product.

16.2. No member of Little Luxuries Group shall be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customers use of, or inability to use Little Luxuries Online Shopping or the delivery or failure to deliver any Products.

16.3. Notwithstanding any other term, the Customer agrees to indemnify each member of Little Luxuries Group against all liabilities, losses, claims and expenses suffered or incurred by that member, and all claims and demands made against any member of Little Luxuries Group arising directly or indirectly out of the Customers use of Little Luxuries Online Shopping, any breach of these terms and conditions or the delivery or failure to deliver any Products.

17.1. The Customer acknowledges that where the Products are ordered for business purposes (as the term “business” is defined in the Consumer Guarantees Act 1993 (CGA)), the provisions of the CGA shall not apply for the sale of the Products by Little Luxuries.

17.2. The Customer agrees that nothing in these terms and conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA and all provisions of these terms and conditions shall be read as modified to the extent necessary to get effect to that intention.

18.1. The Site may provide links to other internet websites and resources. Because Little Luxuries has no control over such sites and resources, you acknowledge and agree that neither Little Luxuries nor Little Luxuries Group are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other websites may provide links to this Site with or without our authorisation.

18.2. You acknowledge and agree that Little Luxuries and Little Luxuries Group do not endorse such sites and are and shall not be responsible or liable for any loss or damage caused by or in connection with any links from those sites to this Site for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials.

18.3. We are not responsible for the privacy statements or other content on websites linked from the Site.

All rights, title and interest in all intellectual property in all concepts, systems, written, graphic and other material relating to Little Luxuries Online Shopping and its contents is owned by and shall at all times remain the exclusive property of Little Luxuries, its licensors and the providers of any other Product accessible through Little Luxuries Online Shopping and is protected by New Zealand and international law. Nothing in these Terms and Conditions shall constitute any license of intellectual property rights to the Customer.

If the performance by Little Luxuries of its obligations under these Terms and Conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of god, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour, lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures or other causes whatsoever (whether similar to the foregoing or not beyond the reasonable control of Little Luxuries), Little Luxuries shall be excused from any such performance to the extent of such prevention.

All submissions of information through or in connection with this Site are governed by our privacy policy, which is hereby incorporated into this agreement by this reference. You agree to provide true, accurate, current and complete information in connection with your use of the Site.

New Zealand law governs the use of the Site, these terms and conditions, and this Agreement.