1. GENERAL
    1. All Products supplied by Lulu’s Collective Limited and its employees, contractors and agents (“Lulu’s Collective”) to the customer (“Customer”) are sold subject to these terms and conditions of sale (“Terms”).
    2. The Customer acknowledges that by purchasing any Products from Lulu’s Collective or using or otherwise accessing Lulu’s Collective’s website www.luluscollective.co.nz (“Website”), the Customer has read, understood and accepted the Terms and agrees to be bound by the Terms.
    3. Lulu’s Collective reserves the right to amend these Terms in any manner and at any time and will notify the Customer of any amendments to the Terms by uploading the amended Terms to the Website. By continuing to use the Website or by ordering Products from Lulu’s Collective after any such amendment, the Customer is deemed to have agreed to the amended Terms.
    4. No variation, modification or substitution for these Terms is binding on Lulu’s Collective unless specifically accepted by Lulu’s Collective in writing.
    5. The parties acknowledge and agree that for the purposes of these Terms, any reference to the “Products” means all products supplied by Lulu’s Collective to the Customer from time to time for sale to, and purchase by, the Customer.
  2. USE OF WEBSITE
    1. If a Customer is under the age of 18, the Customer must only use the Website with parental or caregiver consent, provided that the Customer’s parent or caregiver is over the age of 18 and has accepted the Terms on behalf of the Customer.
    2. The Customer shall ensure that no other person shall use the Customer’s Website login or account with Lulu’s Collective to purchase any Products.
    3. As a condition of use of the Website, the Customer agrees:
      1. Not to disrupt activity online;
      2. To ensure that the Website is not used for any illegal activity or which may expose Lulu’s Collective to potential litigation including (but not limited to) copyright and trade mark infringement, the publication of obscene or defamatory information or material, the publication of information or material that infringes the rights of third parties, or the publication of information or material that is likely to be misleading or deceptive or otherwise breaches the Fair Trading Act 1986;
      3. Not to use anybody else's computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
      4. Not to run network scanning software or use open relay to distribute messages; and
      5. Not to introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, Lulu’s Collective’s or anyone else's computer system or communications services.
  3. APPLICATION FOR INFORMATION ON PRODUCTS
    1. Where the Customer wishes to request further information on the Products, the Customer must do so in accordance with the instructions on the Website.
    2. Lulu’s Collective shall have the absolute discretion to decline the Customer’s request for further information on the Products for any reason whatsoever without reference to the Customer. Lulu’s Collective may require the provision of additional information or verifications before providing the Customer with the further information.
  4. PRODUCTS
    1. Where the Customer proceeds to acquire Products from Lulu’s Collective, the terms and conditions relating to the Customer’s acquisition and use of all Products are those specifically set out in these Terms, unless otherwise expressly agreed by Lulu’s Collective in writing.
    2. Lulu’s Collective is entitled to:
      1. Discontinue supply of all or any of the Products; and
      2. Add to or substitute Products.
    3. Lulu’s Collective will give Customers notice of any such changes referred to in clause 4.2 by updating the Website.
  5. ORDERS
    1. The Customer must place orders for the Products to Lulu’s Collective in writing or via the Website.
    2. Orders for Products are subject to Lulu’s Collective’s approval and acceptance. All orders are subject to the availability of Products.
    3. In the event that an order is declined pursuant to clause 5.2, Lulu’s Collective shall refund to the Customer any payment for the Products to the credit card or account used for such payment.
    4. The Customer cannot cancel any order for Products (whether fully or in part) unless Lulu’s Collective has agreed in writing to the cancellation. The Customer cannot cancel any special indent order for Products (being an order for Products that Lulu’s Collective does not keep readily available in stock and where Lulu’s Collective has specifically ordered the Products from a supplier on the Customer’s instruction).
  6. PRICE
    1. The price payable for the Products ordered will be either:
      1. Where the Customer orders from the Website, the price specified on the Website; or
      2. In all other cases, the price specified by Lulu’s Collective in writing.
    2. All prices for the Products shall be in $NZD and shall be inclusive of GST (unless otherwise stated). Lulu’s Collective may correct any clerical errors or omissions in any quotation, correspondence, invoice or on the Website at any time.
    3. Lulu’s Collective reserves the right to vary the price for Products. Lulu’s Collective will notify the Customer of any variations to the prices specified by updating the Website.
    4. Where a quotation is given by Lulu’s Collective to the Customer for Products:
      1. Subject to clause 6.5, the quotation will be valid for 20 working days from the date of issue and thereafter will be deemed to be withdrawn; and
      2. No variation of the quotation is permitted unless Lulu’s Collective has agreed in writing to the variation.
    5. Lulu’s Collective reserves the right to withdraw or vary any quotation at any time before the Customer accepts the quotation in writing.
    6. To the extent permitted by law, Lulu’s Collective reserves the right to reasonably vary the price payable for the Products by giving the Customer notice in writing where there has been an increase in the cost of supplying or delivering the Products or where any circumstances described in clause 18 of the Terms apply in respect of the Products.
  7. PAYMENT
    1. Unless Lulu’s Collective otherwise agrees in writing, the Customer must pay the full price for the Products and any delivery costs upon placing an order for the Products on the Website. In any case, Lulu’s Collective must receive payment in full for the Products and delivery costs prior to shipment of the Products.
    2. The Customer must make all payments to Lulu’s Collective without delay, counter-claim, abatement, deduction or set off.
    3. Without prejudice to Lulu’s Collective’s other rights and remedies, if any amounts due to Lulu’s Collective are not paid by the Customer by the due date for payment or the Customer breaches any of these Terms, Lulu’s Collective may:
      1. Retain the Products until full payment for the Products has been received;
      2. Suspend or terminate any account the Customer holds with Lulu’s Collective, at which time any amounts the Customer owes to Lulu’s Collective will become due and payable;
      3. Charge the Customer interest, payable on demand, on any overdue amounts at the rate of 12% per annum, calculated daily from the due date for payment until payment is received in full; and
      4. Recover from the Customer all costs incurred by Lulu’s Collective arising from any breach of these Terms (including, without limitation, legal costs, service costs and costs of recovering unpaid amounts).
  8. RISK AND DELIVERY
    1. Risk passes to the Customer on delivery of the Products.
    2. Delivery shall be deemed complete when Lulu’s Collective gives possession of the Products directly to the Customer, or possession of the Products is given to a carrier, courier, or other bailee for the purposes of transmission to the Customer.
    3. The Customer is responsible for insuring all Products from the time of delivery.
    4. Where Lulu’s Collective has accepted an order, Lulu’s Collective will use its reasonable endeavours to arrange supply to the Customer of the Products by the delivery date agreed in writing between Lulu’s Collective and the Customer or within the estimated delivery time as specified on the Website.
    5. The Customer shall advise Lulu’s Collective in writing if an order is not received within 10 working days from the date that the order is placed with Lulu’s Collective.
    6. Lulu’s Collective may, at its discretion, deliver Products by instalments.
    7. Lulu’s Collective is not liable to the Customer for any failure to deliver, or for any delay in the delivery of, the Products. Without limiting the foregoing, Lulu’s Collective is not liable for failure to deliver, or for any delay in the delivery of, the Products in the following circumstances:
      1. Where payment for the Products by the Customer has not been received by Lulu’s Collective on the due date for payment; or
      2. Those circumstances described in clause 18 of these Terms.
    8. Lulu’s Collective’s Shipping and Delivery Policy can be accessed by clicking here
  9. OWNERSHIP RESERVED
    1. Lulu’s Collective retains ownership of and the legal and equitable title in all Products agreed to be supplied by Lulu’s Collective until the Customer has paid the full price for the Products and any delivery costs and all other amounts owing by the Customer to Lulu’s Collective.
  10. INSPECTION AND RETURNS POLICY
    1. The Customer will inspect the Products on delivery and shall within three working days after delivery notify Lulu’s Collective in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description and the Customer shall return the defective Product to Lulu’s Collective at the Customer’s cost.
    2. If the Customer does not notify Lulu’s Collective within three working days after delivery, then the Customer shall be deemed to have accepted the Products.
    3. Where Lulu’s Collective has agreed in writing that the Customer is entitled to reject the Products, Lulu’s Collective will, at Lulu’s Collective’s discretion, replace the Products with Products of similar or identical type, or refund the price the Customer has paid for the Products (excluding delivery costs) either, at Lulu’s Collective’s discretion, in the form of store credit or in cash. Lulu’s Collective’s liability is limited to either, at Lulu’s Collective’s discretion, the replacement of the Products or the price the Customer has paid for the Products (excluding delivery costs) either, at Lulu’s Collective’s discretion, in the form of store credit or in cash.
    4. Returns of Products will only be accepted by Lulu’s Collective if:
      1. The Customer has complied with the provisions of clause 10.1 or Lulu’s Collective has agreed in writing to the return of the Products;
      2. The Products are returned at the Customer’s cost within 10 working days of the date of delivery;
      3. The Products are returned with the original invoice/packing slip or the number and date of the invoice or packing slip are enclosed; and
      4. The Products are returned in the condition in which they were delivered, are unused and are in original packaging.
  11. PRODUCT WARRANTIES AND EXCLUSIONS
    1. Where the Products have the benefit of a warranty from a third party manufacturer, Lulu’s Collective will, to the extent permitted by the third party manufacturer, pass the benefit of the warranty to the Customer but Lulu’s Collective will not itself be liable under such warranty.
    2. Except as provided in the Consumer Guarantees Act 1993 (if applicable) and by any third party manufacturer’s written warranty (if any), Lulu’s Collective makes no representation, condition, warranty or promise, express or implied, in respect of the Products supplied to the Customer.
    3. No agent or representative of Lulu’s Collective is authorised to make any representations, statements, warranties, conditions or agreements not expressly specified in the Terms and the Customer agrees that Lulu’s Collective is not in any way bound by any such representations, statements, warranties, conditions or agreements.
    4. Where the Customer purchases Products for a particular purpose, it is the Customer’s sole responsibility to ensure that the Products will be suitable for the Customer’s purpose, and Lulu’s Collective shall have no liability whatsoever in the event that the Products are not fit for the Customer’s purpose, notwithstanding any statements made to the Customer by Lulu’s Collective or its officers or employees. The Customer and Lulu’s Collective agree that section 137 of the Commercial and Contract Law Act 2017 does not apply.
    5. Where the Customer is in trade and acquires the Products in trade, then Lulu’s Collective and the Customer agree to contract out of the provisions of the Consumer Guarantees Act 1993 and accordingly the provisions of the Consumer Guarantees Act 1993 do not apply. Except to the extent permitted by law, nothing in the Terms is intended to have the effect of contracting out of provisions of the Consumer Guarantees Act 1993 in respect of a Customer that is a consumer (as that term is defined in the Consumer Guarantees Act 1993) where that Customer is not in trade and these Terms are amended to the extent necessary to give effect to that intention. In this clause 11.5, “in trade” has the meaning given to it in the Consumer Guarantees Act 1993.
  12. WEBSITE WARRANTIES AND EXCLUSIONS
    1. The information provided on the Website, including any suggestions made by Lulu’s Collective regarding the selection or use of a particular Product, is supplied on the condition that the Customer will make their own determination as to the fitness or suitability of such information or Product for their purposes prior to use of the Website or the purchase of any Products.
    2. Lulu’s Collective make no warranties or representations about the accuracy or completeness of the Website, its content or the content of any website “hypertext linked” to or from the Website.
  13. LIMITATION AND EXCLUSION OF LIABILITY
    1. Except as provided in the Consumer Guarantees Act 1993 (if applicable) and under these Terms, Lulu’s Collective shall not be liable for:
      1. Any loss of any kind whatsoever suffered by the Customer by reason of any breach of any of Lulu’s Collective’s obligations regarding the supply of Products or in contract, tort (including negligence) or otherwise including without limitation any indirect, special or consequential loss or damage of any kind whatsoever including, without limitation, loss of revenue, loss of profits, loss of any contract, failure to realise expected profits or savings and any other commercial or economic loss of any kind that may be suffered by the Customer;
      2. Any damage to the Products due to external causes, including accident, abuse, misuse, usage not in accordance with instructions for the Products in any user guide, manual or other directions;
      3. Any faults, defects or damages to Products caused by the modifying or adding to Products by the Customer or any person or entity;
      4. Any damages, losses or liabilities that result from the use of, or inability to use, the Website, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure or any special or consequential damages that result from the use of, or the inability to use, the Website;
      5. Any damages or losses caused by the Customer’s, representatives, employees, agents, customers or any other persons whatsoever (whether similar to the foregoing or not); and
      6. Any loss, damage or injury caused to the Customer’s employees, agents, contractors, customers or other persons and the Customer will indemnify Lulu’s Collective against any claim by such persons.
    2. To the extent permitted by law, Lulu’s Collective’s liability arising out of any claim by the Customer under or in relation to these Terms or otherwise shall not in any event exceed the price invoiced to the Customer for the Products giving rise to the claim or $100, whichever is the lesser amount.
  14. CUSTOMER’S LIABILITY AND INDEMNITY
    1. The Customer warrants that it has the full authority to order or request Lulu’s Collective to deliver the Products and the Customer shall be bound by all such orders and requests.
    2. The Customer agrees to protect, indemnify, defend and hold harmless Lulu’s Collective absolutely from and against any and all damages, claims, losses, demands, liabilities (including vicarious liability), injuries, suits, actions, judgements, costs and expenses of any kind whatsoever (including reasonable legal fees and service costs) arising out of or in any way connected with the Customer’s breach of the Terms.
  15. INTELLECTUAL PROPERTY
    1. Unless otherwise specified, Lulu’s Collective is the owner of and possesses all rights in respect of the copyright in, the content appearing on the Website including the text, site design, logos, trade marks, graphics, icons, button icons, audio clips, software and images, as well as the collection, assembly and arrangement of those items.
    2. The Customer is granted permission to electronically copy and to print hard copy portions of the Website for personal, private and non-commercial use only. Any other use of the content on the Website (including reproduction for purposes other than that noted above, or any modification, distribution, or republication of any content on the Website) without Lulu’s Collective’s prior written permission is strictly prohibited.
    3. Content from the Website may not be copied, reproduced, distributed, modified, published, uploaded, posted or transmitted in any way without Lulu’s Collective’s prior written consent.
    4. Modification, distribution, or use of the content contained in the Website for any purposes other than for the Customer’s personal use directly violates Lulu’s Collective’s intellectual property rights. The content contained within this site is copyrighted and protected by world-wide copyright laws and treaty provisions (even if it is not stated to be so protected) and is provided for lawful purposes only.
  16. CUSTOMER’S INFORMATION AND PRIVACY
    1. In connection with the use of the Website and purchase of the Products, the Customer shall be subject to Lulu’s Collective’s Privacy Policy. The terms of this policy can be accessed by clicking here.
  17. FORCE MAJEURE
    1. Lulu’s Collective shall not be liable for any breach of these Terms in the event of any unforeseen circumstances, being any failure, delay or breach caused by strike, industrial dispute or disturbances, natural disaster, shortage or unavailability of stocks of Products or raw materials, failure of any of Lulu’s Collective’s suppliers to supply the Products, delay by any of Lulu’s Collective’s suppliers in supplying the Products, delay in transit, import or export restrictions, legislative, governmental or other prohibition or restrictions, fire, flood, disease, pandemics, hostilities, commotions or any other causes whatsoever (whether similar to the foregoing or not) which is beyond Lulu’s Collective’s reasonable control (“Force Majeure Event”).
    2. If Lulu’s Collective considers that a Force Majeure Event has occurred and is unable to perform its obligations as a result of a Force Majeure Event, it will promptly notify the Customer of that fact and may suspend its obligations under the Terms. Any suspension of performance by Lulu’s Collective under these Terms will be limited to the period during which the relevant event continues.
    3. Where Lulu’s Collective’s obligations have been suspended pursuant to clause 17.2 for a period of 30 consecutive days or more, Lulu’s Collective may terminate these Terms by giving written notice to the Customer.
    4. In event of termination pursuant to clause 17.3, Lulu’s Collective will refund the price that the Customer has paid to Lulu’s Collective for the Products as at the date of termination, less any amounts as may be required to cover Lulu’s Collective’s reasonable costs and expenses.
  18. TERMINATION
    1. Either party may terminate these Terms with immediate effect if the other party:
      1. Is in breach of these Terms; or
      2. Becomes insolvent, fails to pay its debts as they fall due, ceases to carry on business or a resolution is passed or proceedings have commenced to have the party wound up or a receiver, statutory manager, liquidator or any other administrator is appointed in respect of the party or any of its assets.
    2. Without prejudice to Lulu’s Collective’s other rights and remedies, in the event of termination of these Terms pursuant to clause 18.1 the Customer shall pay Lulu’s Collective immediately all amounts due and owing by the Customer to Lulu’s Collective.
    3. Termination shall not prejudice or affect the accrued rights or claims of either party.
  19. DISPUTE RESOLUTION
    1. If any dispute arises in connection with these Terms, the parties shall within 5 working days of a written request from one party to the other, meet in a good faith effort to resolve the dispute.
    2. If the dispute is not resolved at that meeting, the parties will attempt to settle it by mediation. To initiate the mediation a party must give notice in writing ("ADR notice") to the other party to the dispute requesting mediation. The mediation will start not later than 20 working days after the date of the ADR notice.
    3. No party may commence any court proceedings in relation to any dispute arising out of these Terms until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation.
    4. Nothing in this clause will prevent a party from obtaining urgent interlocutory relief in respect of a breach or suspected breach of these Terms.
  20. GENERAL
    1. The Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.
    2. Except where otherwise agreed in writing, the Terms set out the entire agreement and understanding between the parties in relation to the subject matter of the Terms and merges all prior discussions between them and neither of the parties will be bound by any conditions, warranties or representations regarding the subject matter of the Terms other than as expressly provided in the Terms.
    3. Notices in writing must be addressed to the other party and delivered by hand or by receipted delivery system.
    4. Any waiver or failure to execute any rights by Lulu’s Collective shall not be deemed to be a waiver of any further or other right of Lulu’s Collective in respect of the Customer. No waiver is effective unless it is in writing.
    5. No party may assign its rights or obligations under these Terms without the other party’s consent.
    6. The headings to the clauses of these Terms are for ease of reference only and will not affect the interpretation or construction of these Terms.
    7. The headings to the clauses of these Terms are for ease of reference only and will not affect the interpretation or construction of these Terms.