These Terms & Conditions (Terms) apply to the use of this website www.modstoyou.co.nz (Website) and all goods (each a Product and together the Products) provided by Sensi Holdings Limited (Company Number 1821698) trading as “Mod’s Hair Merivale” (we. us, our) to customers (including individuals and entities) (you, your).
You are responsible for reading and understanding these Terms prior to using this Website or purchasing any Products from us. Your purchase of any Products from this Website shall amount to acceptance by you of all terms and conditions contained within these Terms.
We reserve the right to amend these Terms at any time, and unless stated otherwise, any change to these Terms shall take effect immediately. You are responsible for ensuring you are familiar with our latest Terms, and we recommend you read these Terms on each occasion prior to accessing our Website
These Terms supersede all prior agreements and undertakings (whether written or verbal) between you and us.
1. While we endeavour to ensure that our Products are represented as accurately as possible on our Website, we do not warrant our Products will be described without error. Where we become aware of any misdescription, we reserve the right to correct such error or omission.
2. Images of our Products are provided to you for illustrative purposes only and we do not guarantee that such images will reproduce in true colour or that any given image will reflect or portray the full design or options relating to the applicable Product.
3. Our Products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase any Product through our Website, you acknowledge that you are over eighteen (18) years of age.
4. We endeavour to ensure that our Product list is current, however we give no undertaking to you as to the availability of any Product advertised on our Website.
5. Packaging and postage is an additional charge to you for each Product purchased by you from us, and such costs shall be calculated at the time of purchase.
7. We undertake to accept or reject your order to purchase our Products within seven (7) days. If we have not responded to you within seven (7) days of such order being made, your order is deemed to be rejected. We may reject your order at our complete discretion (including due to a lack of stock relating to the applicable Product) and are not required to give any reasons to you for such rejection or to compensate you in any manner.
8. Once you have submitted an order to us, you may not cancel that order (regardless of whether our acceptance or rejection of your order is still pending).
9. Information relating to the delivery of your order (including, without limitation, any anticipated timeframes) are set out on our Website. Title in the Products pertaining to your order passes to you when we have received payment in full from you. Our terms and conditions of payment for our Products are set out on our order page contained within our Website.
10. Subject to clause 12, all risk of loss or damage to our Products passes to you when we dispatch the Products.
11. We reserve the right to exclude certain product lines from any discounts or promotions, which may vary from time to time.
Order Cancellation Due To Error
12. Where a Product has been listed at an incorrect price or with incorrect descriptive information or image (including where such errors are due to a typographical error or similar oversight by us), we reserve the right to cancel an order placed by you. Where we cancel an order, and your credit card has been charged, we will immediately refund your credit card for the total amount debited by you.
13. We undertake to reimburse you in full for any faulty or damaged Product delivered by us to you . If you wish to return a faulty or damaged Product, you must notify us through the designated “contact us” webpage contained within our Website, and follow the requirements relating to the return of our Products.
14. Subject to all other provisions contained within these Terms, we undertake to exchange any Product purchased by you from us for any other Product of equal value (subject to availability), provided that returned Products are unused, and that you provide us with sufficient proof of purchase within ten (10) days of your purchase. Notwithstanding the foregoing, we will not provide any refund to you for any packing and postage charges, and the return of all undamaged Products for exchange is entirely at your cost and risk.
15. If we are unable to replace or exchange any faulty or damaged Products returned to us by you, we undertake to reimburse your credit card for the amount initially debited for the purchase of the Products (including packaging and postage charges).
16. When you visit our Website, we give you a limited licence to access and use the information contained within the Website for personal use.
17. You are permitted to download a copy of the information on our Website to your computer for your own personal use provided that you do not delete or amend any information (including without limitation any copyright symbol, trade mark or other proprietary notice) or infringe any of our intellectual property rights as set out in clauses 22 to 24 below.
18. Except as permitted under the New Zealand Copyright Act 1994, you are not permitted to copy, reproduce, publish, distribute or display any of the information on our Website without our prior written permission (which may be withheld by us at our complete discretion).
19. Your access to our Website must be via standard web browsers only and not by any other method such as scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. . We reserve the right to serve you with notice for any unauthorised use pertaining to our Website. You must not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, our Website or otherwise attempt to damage or interfere with our Website.
20. Our Website may from time to time contain hyperlinks to other websites (Linked Websites). Such hyperlinks to Linked Websites are provided by us for convenience only and we take no responsibility for any Linked Websites. Any hyperlink on our Website to a Linked Website does not imply any endorsement, approval or recommendation of, or responsibility for, those Linked Websites or their contents, operations, products or operators.
21. You may only link our Website if you have contacted us by email and obtained our prior written consent (which we will not unreasonably withhold or delay). Any such linking to our Website will be entirely your responsibility and at your expense, and we are under no responsibility to compensate you in any manner. When linking to our Website, you must not alter our Website in any way (including, without limitation, with respect to any content, any intellectual property notices, framing, reformatting any pages, files, images, text or other materials).
Intellectual Property Rights
22. We (and our licensors) exclusively own all intellectual property rights relating to all content contained within our Website (including data, artwork, photographs, logos, applets, graphics, images, layouts and text). .
23. Your access to our Website does not authorise you to use any of our intellectual property in any commercial manner without our prior written consent (which we may withhold at our complete discretion).
24. Any comment, feedback, idea or suggestion provided by you on our Website ( your comments) shall automatically become our property, and we may choose to use your comments for the purposes of promoting our Website or in any other manner. Accordingly, you acknowledge and agree that we are entitled to use your comments for any commercial or non-commercial purpose without us being obligated to compensate you in any manner.
25. While we have taken all due care in providing the information on our Website, we do not provide any express of implied warranty to you. . To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs (together a Loss) including in connection with our Website being unavailable (in whole or in part) or performing slowly, or any error in, or omission from, any information made available through our Website;26. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.
26. We take all due care in ensuring that our Website is free from any exposure to any virus, worm, Trojan horse, malware or any other form of interference, however we are not responsible for any for Loss suffered by you relating to your computer system which arises in connection with your use of our Website or any Linked Website. To avoid doubt, you access and use our Website at your own risk, and you are solely responsible for ensuring the process by which you access and use our Website protects you from any Loss.
27. From time to time we may host third party content on our Website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions relating to such material.
We make no representation or warranty that our Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of our Website is not illegal or prohibited, and for your own compliance with applicable local laws.
Limitation of Liability
28. To the full extent permitted by law our total liability to you for breach under or in connection with this Website (including the Products) is limited to the total retail value of such Products purchased by you. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to the total retail value of such Products purchased by you.
29. We accept no liability for any Loss whatsoever suffered by you or any other person in connection with these Terms, our Website or any Product . This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
30. By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses, whether direct or indirect (including legal fees) suffered by us and arising from or in connection with your use of our Website, or any breach or failure to comply with any of these Terms.
Suspension and Termination
31. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to our Website (or any part of it). On suspension or termination, you must immediately cease using our Website and must not attempt to gain further access.
32. These Terms are to be governed by and construed in accordance with the laws of New Zealand and any claim or dispute arising out of or in connection with these Terms will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
33. If any provision in these Terms is invalid under any law, that provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.
34. If we need to contact you, we may do so by email or by posting a notice on our Website. You agree that this satisfies all legal requirements in relation to written communications.
35. Any waiver of any of our rights contained within these Terms must be in writing.
36. We undertake to take all due care with any information which you may provide to us when accessing our Website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.