NO REFUNDS/EXCHANGES ON SALE ITEMS

GENERAL TERMS AND CONDITIONS OF USE



Please read the following Terms of Service before using the Hartleys Fashion website (the "Site"). By accessing this Site, you agree to be bound by these Terms of Service.

The Terms of Service may be updated from time to time without notice as such you should check the date of the Terms of Service regularly for any changes.

If you do not agree to these Terms of Service, please do not use this Site.

1. DESCRIPTION OF SERVICES.


In the Site, Hartleys Fashion provides users with access to sales of designer garments online (the "Service").

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider). You must provide, and are responsible for, all equipment necessary to access the Site.

2. LICENSE AND SITE ACCESS.


Hartleys Fashion grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Hartleys Fashion's sole discretion) an unreasonable or disproportionately large load on Hartleys Fashion's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not bypass any measures used by Hartleys Fashion to prevent or restrict access to the Site.

Any unauthorised use by you shall terminate the permission or license granted to you by Hartleys Fashion.

3. SERVICE ELIGIBILITY.


The Hartleys Fashion Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Hartleys Fashion for any reason.

You may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Hartleys Fashion account to another party.

If you do not qualify, you may not use the Hartleys Fashion Service or the Site.

4. YOUR ACCOUNT.


By registering as a user, you warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the New Zealand or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form.

If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Hartleys Fashion has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hartleys Fashion has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Hartleys Fashion immediately of any unauthorised use of your account or any other breach of security.

Hartleys Fashion reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

5. DISCLAIMER OF WARRANTY.


ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

Hartleys Fashion DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN Hartleys Fashion, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL Hartleys Fashion BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

6. LIMITATION OF LIABILITY.


YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hartleys Fashion AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Hartleys Fashion HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

7. INDEMNITY.


You agree to indemnify and hold Hartleys Fashion (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable legal fees, or arising out of or related to your breach of these Terms of Service, or your violation of any law or the rights of a third party.

8. ELECTRONIC COMMUNICATION.


When you use the Site or send emails to Hartleys Fashion, you are communicating with Hartleys Fashion electronically and you consent to receive communications from Hartleys Fashion electronically.

Hartleys Fashion will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. SITE-PROVIDED EMAIL AND POSTINGS.


The Site may provide you with the ability to send email messages to other users and non-users and to post messages. Hartleys Fashion is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Hartleys Fashion may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind.

(ii) Advertisements or solicitations of any kind.

(iii) Impersonate others or provide any kind of false information.

(iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.

(v) Messages by non-spokesperson employees of Hartleys Fashion purporting to speak on behalf of Hartleys Fashion or containing confidential information or expressing opinions concerning Hartleys Fashion.

(vi) Messages that offer unauthorised downloads of any copyrighted or private information.

(vii) Multiple messages placed within individual folders by the same user restating the same point or chain letters of any kind.

10. LINKS.


The Site or third parties may provide links to other World Wide Web sites or resources. Because Hartleys Fashion has no control over such sites and resources, you acknowledge and agree that Hartleys Fashion is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Hartleys Fashion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.


Access to and use of password protected and/or secure areas of the Site is restricted to authorised users only.

12. ORDER CANCELLATION.


Hartleys Fashion will endeavour to supply all orders placed and accepted on the Site. However, order placement and acceptance do not constitute an obligation on Hartleys Fashion to supply. Hartleys Fashion's obligations will be limited to protections provided by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

In the event a product on the Site is listed at an incorrect price due to typographical error or systems error, Hartleys Fashion reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.

Hartleys Fashion shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Hartleys Fashion shall issue a credit to your credit card account in the amount of the incorrect price.

13. TRADEMARKS.


The trademarks and logos ("Marks") displayed on the Site are the property of Hartleys Fashion and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of Hartleys Fashion or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright.

Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

14. NO WAIVER.


If Hartleys Fashion does not exercise or enforce any right available to us under these Terms of Service, it does not constitute a waiver of those rights.

15. SEVERABILITY.


If any provision of these Terms of Service becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

16. GOVERNING LAW.


The laws of New Zealand govern these Terms of Service and the relationship between you and Hartleys Fashion. You and Hartleys Fashion agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

17. PRICES


All prices are given in New Zealand Dollars and include G.S.T.

18. CREDIT AND REWARDS

Hartleys Fashion credit and rewards cannot be redeemed for cash. Credit can not be used on shipping cost.

 

19. BUSINESS TRADING NAME

The name that will appear on your statement will be Hartleys Webstore