1. Agreement
1.1 In these Terms and Conditions, We, Our, or Us means gormanshop.co.nz, and You or Your means the person who accepts these Terms and Conditions by using this Website and associated software, networks, and processes, including the Purchase Products or services through the Website.
1.2 By browsing the Website or placing an Order, You agree to these Terms and Conditions as set out below, constituting a legally binding Agreement between Us and You for the supply of Products.
1.3 The Agreement, together with Your Order, constitutes the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. Website Use
2.1 The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
2.2 You must ensure that Your access or use of the Website is not illegal or prohibited by laws that apply to You.
2.3 You must take Your precautions to ensure that Your process for accessing the Website does not expose You to the risk of viruses, malicious computer code, or other forms of interference that may damage Your computer system. We take no responsibility for any such damage that may arise in connection with Your use of the Website.
3. Pricing
3.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us, and a Purchase Contract is formed under clause 5, the price of the Product cannot be varied except:
- By agreement between You and Us in writing or by email.
- In accordance with clause 6.4.
3.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
3.3 Prices may display incorrectly due to internet issues or system update issues. Our company reserves the right of final interpretation for price changes.
4. Product Specifications
4.1 Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
4.2 All weights and dimensions of Products described on the Website are approximate.
5. Orders
5.1 You may place an Order by following the instructions on the Website. By placing an Order, you make an offer to enter into an agreement to purchase the subject of Your Order (Purchase).
5.2 Orders will be deemed to have been received by gormanshop.co.nz at the time gormanshop.co.nz sends an Order confirmation to Your nominated email address.
5.3 gormanshop.co.nz is an online e-commerce shop and will primarily communicate with Customers via email. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
5.4 gormanshop.co.nz reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
5.5 In the event of a canceled Order, funds paid in relation to that Order will be refunded in full. You will be provided with email confirmation of the cancellation and refund.
5.6 gormanshop.co.nz does not accept any responsibility for Orders that are declined, delayed, or not accepted due to disruptions with internet connections.
5.7 gormanshop.co.nz shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of gormanshop.co.nz (or its affiliates), and gormanshop.co.nz shall be entitled to a reasonable extension of time for the performance of such obligations.
5.8 gormanshop.co.nz recommends customers provide a secure delivery address, such as your place of employment. gormanshop.co.nz is not responsible for lost or stolen parcels.
6. Payment
6.1 You may provide Your nominated credit card during the purchase process described on the Website.
6.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
6.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols, Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be canceled, and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
6.4 Despite Our best efforts, on occasion, it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order.
7. Delivery and Ownership of the Goods
7.1 We try to ensure that all Products are delivered promptly and in a timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. gormanshop.co.nz does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
7.2 gormanshop.co.nz aims to dispatch orders within 1 - 3 business days.
7.3 gormanshop.co.nz will not deliver Products to PO Box addresses.
7.4 The couriers or postal services nominated by gormanshop.co.nz will deliver Products during local business hours of 9 am to 5 pm, Monday to Friday.
7.5 gormanshop.co.nz is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customer's responsibility to liaise with the courier nominated by gormanshop.co.nz (as notified to the Customer) regarding the date and time of delivery. gormanshop.co.nz shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery. gormanshop.co.nz does not take any responsibility for lost parcels during transit.
7.6 Faulty or damaged goods. gormanshop.co.nz will repair, replace, or refund faulty or damaged Products in accordance with Your rights under the Australian Competition and Consumer Act 2010.
8. Refunds and Returns
8.1 Nothing in these Terms and Conditions excludes, restricts, or modifies the consumer guarantees provided for by statute, including under the Australian Consumer Law.
8.2 All refunds may take up to 10 business days to be finalized.
8.3 Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.
8.4 In order to facilitate a return under the Returns Policy, please contact Us through Our Contact Us Page.
8.5 The Customer must comply with directions from staff to facilitate a return.
8.6 Returned Products, under the Returns Policy, must be returned in their original secure condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Competition and Consumer Act 2010, you may be able to return the Product without its original tags.
8.7 It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost/damaged in transit.
8.8 Sale & promotional items including flash sale styles can be returned for an online credit (valid for 3 years) or an exchange where the product is available.
8.9 For Final Sale / Non-refundable products returned due to a change of mind or not meeting the Australian Competition and Consumer Act 2010 criteria, the products will be returned to the sender via the marked address or via the details of the original purchase order where the parcel is unmarked.
8.10 Outlet/Online Exclusive items can be returned for an online credit (valid for 3 years) or an exchange where the product is available.
8.11 Gorman Playground can be returned for an online credit (valid for 3 years) or a refund if full price. Online orders can be returned and exchanged through Gorman Online returns or at a store location stocking Gorman Playground. Sunsuits cannot be returned or exchanged.
8.12 Returned item(s) must be unworn, unwashed, unused, in the original condition with all labels/tags attached, and returned within 14 days of receiving your product. For health reasons, we do not accept returns on the purchase of face masks, bathers, or earrings unless exhibiting a genuine manufacturing fault. During sale periods, returns may take up to 10 days to process upon receipt.
8.13 Gorman Online does not accept postal returns on items purchased in-store. Including floor to door items.
8.14 Gorman Online orders are able to be returned in-store, excluding sale, promotional, and "Outlet" products. Customers have 14 days to return purchases. A printed copy of the order email is required when requesting a refund. The refund will be processed back to the method of payment.
9. Intellectual Property
All Intellectual Property in any Material on the Website is the property of gormanshop.co.nz unless expressly authorized under these Terms and Conditions. Otherwise, you may not reproduce, adapt, modify, display, perform, or distribute any Material or any part of any Material.
10. Privacy
By placing your Order or otherwise contacting gormanshop.co.nz, you agree that We may store, process, and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. If any data held by us concerning you is incorrect, we will correct it on your written request.
11. Miscellaneous
11.1 gormanshop.co.nz reserves the right to make changes to the gormanshop.co.nz Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
11.2 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
11.3 A failure or delay by gormanshop.co.nz to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by gormanshop.co.nz does not preclude its future ability to exercise that or any other power or right.
11.4 Insofar as they apply to the ordering, purchase, fulfillment, and delivery of products from gormanshop.co.nz, Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law, and the parties submit to the jurisdiction of the courts in that Country.
11.5 No gormanshop.co.nz employee or agent has the authority to vary any of the Terms and Conditions governing any sale.