(i) “Customer” means a person who orders product(s) via this Website
(ii) “Product(s)” means any products listed as shopping items on this Website
(iii) “Seller” means Kintail House
(iv) “Website” or “this Website” means https://kintailhouse.mystorbie.com
2.1 Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes an offer by Seller to supply any Product(s).
2.2 By placing an order via the Website, the Customer makes an offer to purchase the Product(s) he or she has ordered on these terms and conditions. Seller may or may not accept the Customer’s offer at the Seller’s absolute discretion.
2.3 Upon receipt of the Customer’s order, Seller will verify the availability of the Product(s) and the Customer’s paypal or other payment details. Seller has not accepted the Customer’s offer and is not obliged to supply the Product(s) until Seller has shipped the Product(s).
3.1 Product(s) will be delivered to the delivery address provided by the Customer. Seller will use its discretion in selecting a reputable carrier and appropriate means of delivery.
3.2 Any dates quoted by Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.
3.3 If an order shipment is undeliverable, the Product(s) ordered by the Customer will be returned to the Seller at the Customer’s expense, as stock available for sale to other customers. The returned Product(s) can be sold to other customers and the Seller shall have no obligation to reserve or redeliver the returned Product(s) to the Customer.
4.1 All pricing subject to change. For all prices, products and offers, the Seller reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4.2 While the Seller uses reasonable efforts to include accurate and up-to-date information on the Website, the Seller makes no warranties or representations as to the Website’s accuracy. Every effort has been made to provide accurate product images however all images provided on the Website are intended as an approximate guide only. The Seller assumes no liability or responsibility for any errors or omissions in the content on the Website.
4.2 All prices on our Website are in New Zealand dollars only.
5.1 For Product(s) not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Product(s). The Seller shall not be bound by nor responsible for any term, condition, representation or warranty given by the manufacturer of the Product(s).
6.1 Seller will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.
6.2 Sellers maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to Seller in respect of the Product(s) in question.
7.1 Failure of Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.
8.1 Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
9.1 Seller reserves the right to update, revise or change these terms and conditions, the price of the Product(s) and any other information listed on this Website at any time. Any such changes will take effect when posted on the Website and it is the Customer’s responsibility to read the terms and conditions and confirm the price of the Product(s) on each occasion when he/she uses this Website and the Customer’s continued use of the Website shall signify his/her acceptance to be bound by the latest terms and conditions.
10.1 The Seller may cancel these terms and conditions or cancel delivery of Product(s) at any time before the Product(s) are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Customer any sums paid in respect of the Price for those Product(s). The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
11.1 Products displayed on this site can be purchased using the PayPal facility. Customers can be confident that all of their details are protected by the latest security mechanisms and are used only for purposes of the transaction fulfilment.
11.2 The Seller also accepts payment by bank (direct credit) or eftpos/credit card/cash on pick up (please contact us).
12.1 Every effort has been made to portray the colours of our products that appear on this website as accurately as possible. However as the actual colours you see depend on the monitor you are using, Kinail House cannot guarantee that your monitor’s display of any colour will be completely accurate.
13.1 The material on this Website is not to be downloaded, modified, transmitted, or otherwise used for any public or commercial purposes.
14.1 If you receive any incorrect product in your order, please verify that they are different than what is displayed on your order confirmation.
14.2 If the items that are shipped are different than the product that are included in the order confirmation, we will exchange them and reimburse you for the shipping charges that you incur when you send back the incorrect merchandise. We will ship out the correct replacement product immediately once we receive the product.
14.3 If the product that you receive are the same as the product that are included in the order confirmation, but are different than what you intended to order or they do not fit, we will still exchange them for you, but we will not reimburse you for your shipping charges. We will ship out the correct replacement product as soon as possible once we receive the original product.
14.4 Please ensure that the tags are still on the product, that it is still in the original packaging and that the product has not been worn and is in exactly the same condition in which you received it. No customer damaged or worn products will be accepted back.
14.5 Please check in the shopping cart and the order confirmation that you receive by email, that the order includes the product, quantities, colours, sizes or other variations that you intended to order.
14.6 If you realize that there is a mistake in your order, please contact us immediately, so that we can stop and correct the order before it is shipped, or take other corrective measures if the order has been shipped already.
15.1 If you receive any incorrect product in your order, please refer to the section above incorrect orders.
15.2 If you are unsatisfied with your product, please return it to us for an exchange or a full refund (excluding postage) within 30 days from the date of delivery.
15.3 Please ensure that the tags are still on the product, that it is still in the original packaging and that the product has not been worn and is in exactly the same condition in which you received it. No customer damaged or worn products will be accepted back for refund or exchange.
15.4 In the unlikely event of there being a fault with a garment or accessory, we will endeavour to send a replacement, or will give you a refund. This includes a credit to your card for the cost of your return postage.
15.5 If you have any questions regarding returns, please contact us and we will be more than happy to advise.
15.6 Please contact us before returning any product.
16.1 Please note that all items are dispatched from New Zealand. The customer is liable for payment of any country import tax/duty/GST/VAT for any product at the time of entry into the country of destination, Kintail House makes every effort to reduce the chance of duties and sales taxes being charged by customs agencies. Our packaging, labelling and documentation are designed accordingly. However we do not accept any responsibility for any taxes or duties charged. To find out more information about Import taxes / duties or GST / VAT please contact your local customs office.
17.1 Your use of this website constitutes an agreement between you and Kintail House. This agreement shall be construed in accordance with the laws of New Zealand, without regard to any conflict of law provisions.