Terms and Conditions of Use
Kia ora, Thank you for viewing evolvenz.com.
These Terms and Conditions govern the use of Evolve New Zealand ("the website") and the purchase of any goods from it or from the stockists listed on the site. (This statement applies to all parties purchasing from Evolve NZ) The website is owned and operated by “The Company” LINK Wholesale 2009 Ltd. Please note; throughout this document LINK Wholesale 2009 Ltd will be referred to as Evolve New Zealand / “The Company”.
Acknowledgement and acceptance of Terms and Conditions
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). "The Company" reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you.
Security
(Note: This section applies to online shopping - a function that is not available at present.)
We want to ensure you can shop online with complete confidence. Many measures have been taken to give absolute security to our customers in dealing with us.
Products displayed on the site shopping areas can be purchased using a secure online Mastercard and Visa, transaction 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.
We use the secure Hosted Payment page solution from DPS to process online orders. Customers can see their cards being authorized and debited in real time, all in an SSL secure environment. The Hosted Payment page enables us to offer customers a safe and speedy online shopping experience. DPS is committed to protecting the security of your data.
Limitation of Liability
Any liability of “The Company” in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of “The Company”, be limited to the replacement or repair of the goods.
Disclaimer
The information contained on the website is provided by “The Company” in good faith. To the best of "The Company's" knowledge, the information is accurate and current. However, “The Company” and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("The Company's Associates") do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, “The Company” disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. “The Company” makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You expressly acknowledge and agree that “The Company” does not control links with this website and “The Company” is therefore not liable for the opinions or behaviour of such links, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", “The Company” will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
Copyright
Copyright of the Evolve New Zealand website is property of “The Company”. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of “The Company” and third parties. This property may only be used for the purposes of browsing the Evolve New Zealand website and acquiring goods and services of New Zealand.
Evolve New Zealand is a trade mark of "The Company". The copyright and other intellectual property rights in the material contained in the Service are protected by "The Company".
Applicable Law
These Terms and Conditions are governed by the laws in force in New Zealand and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.
Virus Warning
All care is taken to ensure that Evolve New Zealand websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against “The Company” and “The Company's Associates” which relate to or are incidental to any transaction. You agree to indemnify and hold "The Company" harmless from and against any and all claims, loss or expense that may be incurred by “The Company” or “The Company's Associates” which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold “The Company” and “The Company's Associates” harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your computer, of any intellectual property or other right of any person or entity.
Pricing, Retention of Title, Shipping and Returns
(Note: Business Customers (Retailers/Stockists) stocking Evolve New Zealand – refer to "The Company's" Terms of Trade.)
Pricing:
All prices in the shopping areas are listed in New Zealand dollars (NZ$) and include GST (12.5% sales tax). All prices are correct at time of publication; however we reserve the right to alter prices for any reason. If this should happen after you have ordered a product, we will contact you prior to processing your order.
Our online ordering service is an automated order processing system used to purchase goods and/or services from Evolve New Zealand. We will make every effort to fulfil orders placed using this online service but we do not guarantee that the products advertised will always be in stock. (Note: This function is not available at present.)
You agree that where you acquire goods and services from us for the purpose of your business, any provisions of the Consumer Guarantees Act 1993 which would otherwise apply to the supply by us of those goods and services, do not apply. (Applicable to: Business Customers.)
We will make every effort to ensure the descriptions and prices for the goods and services shown on the online ordering service are accurate and up-to-date. However, we reserve the right to adjust the actual price charged if the prices shown are incorrect, and to vary our prices and product descriptions at any time and without notice.
Retention of Title
Title to all products supplied to you by Evolve New Zealand (LINK Wholesale 2009 Ltd) will be retained by us until payment is made in full. All risk of loss of, or damage to, the products passes to you on delivery of the products to you. (Note: The above statement only applies if you utilise our recommended courier track and trace service within New Zealand. If you utilise the standard post option within New Zealand or the International standard airmail option – the risk of loss of, damage to, the products passes to you on dispatch of the products from our premises to you.)
Shipping
We send products by air freight within New Zealand. You have the option of selecting courier – track and trace or standard Fast Post mail – not tracked (at buyers risk).
International orders are dispatched using air-freight ex-New Zealand and are not tracked. This option is at the international buyers risk. Online orders are dispatched within 3 working days. Delivery times are estimates only but usually arrive 10 to 16 days after dispatch. (Note: We only ship within New Zealand, to Australia and Europe.)
Placing and accepting Orders
Orders will not be dispatched until payment in full is received and we're satisfied with the integrity of the order. Without limiting the Terms and Conditions herein, we will not be responsible for any loss or damage caused by late delivery or cancellation of an order or a product or arising from exercising our cancellation rights.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. (Note: This function is not available at present.)
Order cancellation
We reserve the right not to provide goods or services or cancel orders (or part thereof) at our sole discretion at any time. If you need to cancel an order, please contact Evolve New Zealand immediately on +64 (3) 579 4630. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled are subject to our policy for Returns.
Delivery
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We have selected delivery partners who we believe will always do their best to deliver products by the estimated delivery date, but dates specified are estimates only.
Please ensure that you fill in the Name & Address and Delivery Address boxes if it is different from the Name & Address & Telephone number previously supplied.
Non-arrival or an order
It is your responsibility to inform us if an order does not arrive. Once we learn an order has not arrived by the due date, we lodge enquiries to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery. If an item is lost in transit, we will not despatch a replacement immediately. Replacement items will be despatched at our discretion.
We are unable give a guaranteed time or day of delivery.
Without limiting the operation of any other Terms and Conditions herein a) we will not accept liability for any loss or damage arising from a late delivery, b) you agree that late delivery does not constitute a failure of our agreement and does not entitle you to cancellation of an order, and c) we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
Freight:
Freight charges are set by your nominated destination. Costs are shown in the Shopping Cart at the time of order. (Note: This function is unavailable at present.) Please note freight charges are an estimate only. We reserve the right to make changes where necessary.
Duty and Customs:
Most countries levy charges for import duties and/or VAT upon arrival of goods. Customs services may contact you and advise of such charges payable prior to them releasing the goods to you. This occurs infrequently, and varies from country to country. Buyers, please be aware this may happen, which the buyer/recipient, as the importer of record, will be liable. We will not be liable or responsible for any such costs.
Product Returns
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully.
Guarantee Policy
We will meet our obligation under the Consumer Guarantees Act, and if a product is faulty then it may be returned within 90 days from the date of purchase, appropriately packaged. A return name, address and contact telephone number must be supplied, together with the original invoice/receipt.
Provided that the Cleaning and Care Guidelines have been adhered to and the jewellery has not been altered by another jeweller; the company will provide a replacement, or repair (excluding any delivery charges); such choice being at “The Company’s” discretion.
Please note: Evolve New Zealand will not be held accountable for losses incurred whilst using our product with other charms from other brands.
Apart from crediting you the purchase price paid for any goods or services we have been unable to supply or any goods that you have returned in accordance with the paragraph above, to the maximum extent permitted by law we have no liability to you for any loss or damage (either direct, indirect or consequential, including any loss of profit) suffered by you or any other person as a result of us providing service or any failure or delay in providing this service or the goods or services ordered.
Making a Return
If you want to return a product to us, contact us for advice about return details.
Use of the Service by You
Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service.
You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.
The Service's content, information and advice is free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
Other than connecting to Evolve New Zealand servers by HTTP requests using a web browser, you may not attempt to gain access to servers Evolve New Zealand by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way and you agree not to impede or interfere with others use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with Evolve New Zealand, and/or the Service.
Children
Evolve New Zealand will possibly provide content and information which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on the Service.
Disclaimer
This Service provides general information about Evolve New Zealand and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about "The Company", its subsidiaries and the services and products they offer. "The Company" reserves the right to change, delete or move any of the material on the Service at any time without notice.
Contact Details
If you have any queries regarding Evolve New Zealand please click here.
Terms and Conditions ©Evolve New Zealand.
Evolve™ New Zealand is a branded identity of LINK Wholesale (2009) Limited. This company is wholly New Zealand owned and any reference in this document to LINK Wholesale (2009) Limited also refers to Evolve New Zealand and vice versa.