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Terms & Conditions


PLEASE READ THE FOLLOWING TERMS & CONDITIONS THEY FORM A CONTRACT THAT IS LEGALLY BINDING ON YOU. 

1. INTRODUCTION
Welcome to our website (www.myhaute.co.nz) (the "Website" or the "Site")
These Terms of Sale (the "Terms") are supplemented by our Website Terms of Use and they are binding upon you.

These Terms tell you the terms and conditions on which we supply to you any of the products ("Products") listed on our website. The following Terms apply when you order Products from our site. Please read these Terms carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these Terms.

If you find yourself unable to agree to these Terms please do not use our ordering service and we ask that you do not proceed to purchase any Products listed on the Site.

By using this website you acknowledge that you accept these Terms when you order any Products from our Site. 

2. INFORMATION ABOUT US
www.myhaute.co.nz is a Site owned and operated by My Haute Limited ("we", “us”, “our”). We are a limited liability company registered in New Zealand.


3. OUR PRODUCTS

Our Products, except where expressly stated, are pre-loved, meaning that the Product has been pre-owned and usually worn. Please take into consideration that our Products may therefore have slight imperfections due to their age and previous wear. Where Products have a material imperfection this will be stated in the description of the item on the Site. We have made every effort to display as accurately as possible the colours and images of our products, we cannot guarantee that your electronic display of any colour will be accurate. If in doubt, please ask us to elaborate on item specifics.
We guarantee 100% authenticity of Products which are stated in the item description to be a designer label. By accepting these Terms you confirm that you have understood the description of the Product including any imperfections.

4. OUR MEASUREMENTS
All Products are measured lying flat.
Products are measured in the following way:
 bags and wallets are measured by width, height, depth and, where applicable, handle drop;
 accessories are measured by width, length and height. All other curiosities and objects are measured by height, width, and depth.

5. YOUR STATUS
By placing an order through our Site, you warrant that you are legally capable of entering into binding contracts.

6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Your order constitutes an offer to us to buy one or more of the Products listed on our Site.
After placing and paying for your order via the Website, you will receive an e-mail from us acknowledging that we have received your order and that the order is accepted (the "Order Confirmation"). Alternatively, we will send you an email advising that we are unable to fulfil the order. The contract between you and us for the purchase of Products (the "Contract") will only be formed when we send you the Order Confirmation, whether or not you receive such email. At that time a legally binding agreement on these Terms will become effective.
If you notice an error in the Order Confirmation you must notify us immediately by emailing shop@myhaute.co.nz.

7. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances.
The Products ordered by you can only be delivered to the delivery address provided by you when placing your order and upon which our Order Confirmation is based. We only deliver to physical residential or business addresses, not to PO Box addresses or the like.
If we cannot deliver your order within the period specified in our Order Confirmation then we will contact you (Within 48 hours) to notify you of the same and you may choose to cancel your order, and in those circumstances we will provide you with a full refund if we receive notice of cancellation before dispatching the Products for delivery to you.
If by chance a customer has purchased the same item as you in a concession or private viewing at the same time as you have purchased online, we will refund you fully or endeavour to find you a similar item if you wish.
When we deliver the Products to you we will always require a signature confirming that all Products covered by the specific Order Confirmation have been delivered.

8. RISK AND TITLE
Ownership will pass to you when we receive payment in full for the Products ordered. The Products will be at your risk from the time of delivery. When posting items to us, we recommend a signature required courier service, no liability will be accepted for items lost or damaged in transit, or while in our care. 

9. PRICE AND PAYMENT
The price of any Products will be as quoted on the Site from time to time. These prices are inclusive of goods and services tax (if any) but are exclusive of all other levies, charges, taxes and duties.
The prices quoted exclude delivery costs, which will be clearly stated and added to the total amount due. The cost of delivery will vary upon the weight of the Products, the packaging required and the delivery address.
Our Site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed may be incorrectly priced or already sold. We will normally verify prices and availability as part of our Order Confirmation procedures so that, where a Product's correct price is less than our stated price, we will refund the difference. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection and the reason for it.
We are under no obligation to provide any Product to you at an incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
Payment for all Products must be by credit or debit card, or bank transfer from a New Zealand bank account. For bank transfers, payment is required upon completion of checkout. Cards accepted by us are listed on our Website on the date when your order is placed.
For our online authentication service, payment is required in advance, if for any reason we are unable to assist, a full refund will be provided to you within 5 days.
For lay-by payment, a non-refundable deposit of 10% of the total order amount is required on completion of checkout. The balance is due over a maximum period of 6 weeks in either weekly or fortnightly instalments, unless otherwise agreed by us. Myhaute.co.nz will send you a confirmation that we have received your deposit and to confirm the terms of your lay-by. We reserve the right to cancel a lay-by contract with no notice if these conditions are not met and in this instance the 10% deposit will be forfeited.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or for any reason does not authorise payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.

10. SECURITY TAGGING
Our Products are packed and delivered with a noticeable tag ("Tag") or several Tags attached. Once the Tag is unsealed it must not be resealed. The purpose of the Tag is to assure us that an item has not been worn. A Product is deemed to have been worn once the Tag is unsealed.

11. OUR REFUNDS AND RETURNS POLICY
We hope you are pleased with your purchase but should you wish to return it you must notify us in writing at shop@myhaute.co.nz within 24 hours of the date of delivery otherwise your right to return the item or product will be deemed to have been forfeited by you. We do not offer returns for change of mind.
If you have given us the required notice in writing within 24 hours of delivery we will be happy to process the refund of the purchase price paid for your item providing;
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It is in the same condition as when purchased (product has not been worn and is free from any new defects or odours
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The product is returned with its original tags attached and is returned in its original packaging
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It is received within 7 days of date of purchase
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Sale, lay-by and personal collection items are final, strictly no returns, exchanges or refunds.
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Please ensure that the returned item is packaged well as we cannot be held responsible for any loss or damage incurred during its return.
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Refunds can only be made to the original cardholder of purchase and after the item has been returned to us.
We reserve the right to refuse refunds. All delivery costs are non-refundable.
Refunds will be processed within five days of our receipt of your returned item.
Myhaute.co.nz will send you an email to let you know that we have received it and are processing the return. After you have received this email, please allow a further 10-15 days before your account is credited.
Myhaute.co.nz cannot be held responsible for any items or products lost in transit.
For faulty or damaged items, where this is not photographed or detailed in the condition description, we will offer a full refund of the original purchase value and shipping costs once it has been returned to us for inspection.
We pride ourselves on sourcing products in the best condition possible, however pre-loved items will show age appropriate wear unless otherwise stated. Our condition rating is only our professional opinion. Surface wear and general wear and tear is to be expected. This includes surface scratches and light markings. Email us for extra photos if required. We will not refund or exchange items based on "condition" or change of mind. As these are pre-loved and at times vintage items, we do not provide guarantees on workmanship or warranty on longevity of use. We recommend general designer care guidelines as described here. 
If in doubt, please ask us to elaborate on item specifics. If an item is not collected within 6 months of purchase, we reserve the right to cancel the sale with no notice and any payment(s) made may be forfeited.
The provisions of this clause 11 do not affect your statutory rights under New Zealand law to the extent that those rights cannot be contracted out of and provide you with more extensive rights than those set out in this clause 11.

12. OUR LIABILITY
To the extent legally permitted:
(a) All warranties and representations implied by customary practice, at law, or under statute, are excluded;
(b) Our liability to you in connection with any Product is limited to the refund of the purchase price for such product actually paid by you to us. In no event shall our liability to you exceed such amount; and
(c) We shall not be liable in contract, tort (including negligence), or otherwise for any direct or indirect damage, economic loss, or consequential or other loss whatsoever in respect of or arising out of the Products provided by us, the use of this Website, Care Guidelines provided, Sell & Consign Service provided, Authentication & Valuation Service, infringement of any intellectual property or any act or omission by us.

13. WRITTEN COMMUNICATIONS
When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

14. NOTICES
All notices given by you to us must be given to My Haute by email to: shop@myhaute.co.nz. Where under these Terms any notice is required to be given by email, it must be given by that means and not by post. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

15. TRANSFER OF RIGHTS AND OBLIGATIONS
These Terms and any Contract between you and us is binding on you and us and on any person to whom we might transfer our rights.
You may not transfer, assign, charge or otherwise dispose of the agreement made between you and us by these Terms, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it at any time.

16. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes or lock outs or other industrial action which affect third parties (for example mail or other courier or delivery services).
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17. WAIVER
If we fail, at any time to insist upon strict performance of any of your obligations under any Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract or these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.

18. SEVERABILITY
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, clause or provision will to that extent be severed from the remaining Terms, clauses and provisions which will continue to be valid to the fullest extent permitted by law.

19. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
We and you each acknowledge that, in entering into the agreement created by these Terms or any Contract, neither of us has relied on any representation, undertaking or promise given by the other, or which can be implied from anything said or written in negotiations between us prior to the agreement created by these Terms or such Contract, except as expressly stated in these Terms.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

20. OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms).

21. LAW AND JURISDICTION
These Terms and any Contract for the purchase of Products through our Website, and any dispute or claim arising out of these Terms or any Contract or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by New Zealand law. Any dispute or claim arising out of or in connection with these Terms or such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of New Zealand and by using this Website and / or placing an order for any Product you agree and submit to such jurisdiction.