TERMS & CONDITIONS
- Your acceptance
1.1 Lula Swim Label Ltd (referred to as Lula Swim, Lula Swim Label, we, our or us) permits users (referred to as you or your) to:
(a) access and use the Lula Swim Label website (www.lulaswim.com) (Website);
(b) place an order for products, services or both (including orders for clothing, accessories and services offered for sale through the Website) through our online store (www.lulaswim.com);
(c) view and interact with any content, information, communications, advice or other material provided by Lula Swim Label (Content); and
(d) otherwise communicate with Lula Swim Label;
subject to the following terms and conditions (Terms).
1.2 We may from time to time review and update these Terms including to take account of new laws, regulations, practices, products or technology. By using the Website, you are agreeing to all of these Terms. We will give you notice of updated Terms by posting it on the Website or by email. Your use of the Website will be governed by the most recent Terms posted on the Website. You should also check this page regularly and take notice of any changes made.
- Orders for products, services or both
2.1 By placing an Order via the Lula Swim Label website (www.lulaswim.com) (Website), you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by Lula Swim Label in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, Lula Swim Label may in its discretion permit an Order to be cancelled. The Order cannot be cancelled by you once you accept delivery of the products.
2.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, you will receive an email indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please contact the Lula Swim Label Concierge to check the status of your Order.
2.3 Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you and your Order is cancelled by us.
2.4 Lula Swim Label products may not be purchased for re-sale.
- Changes to products, services and pricing
3.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
3.2 All updates and modifications to the Lula Swim Label website (www.lulaswim.com) (Website), including any changes to the Content, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through our website.
4.1 Payment for an Order is made online (Online Payment), through the Lula Swim Label website (www.lulaswim.com) (Website).
4.2 All prices are displayed in New Zealand Dollars. There is an option to change the currency on our website.
4.3 Your Order will be delivered to you via one of our third party couriers.
4.4 The credit card holder must be either the billing or shipping recipient.
4.5 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
4.6 If we are unable to successfully process your credit card for your Order, then we may cancel your Order.
4.7 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
4.8 We will provide you with a receipt at time of confirmation of the Order (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.
4.9 All payments via credit card are subject to a security and verification process by an external, fraud prevention provider. We may require additional information from you in order to verify your identity and/or payment method before shipping your Order. Where we cannot verify your payment method, your Order will be cancelled.
4.10 The specific terms and conditions of supply for any products or services purchased via the Lula Swim Label website (www.lulaswim.com) (Website), will be notified to you before you finalise your Order. Your confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order.
- Risk and title
5.1 In respect of Orders delivered to you using one of our third party couriers, then:
(a) title to the products in your Order passes to you upon delivery; and
(b) all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises or, in the case of e-gift cards, when the electronic transmission containing the e-gift card leaves our server.
- Returns Policy
6.1 Online Returns & Exchanges
If you would like to exchange your online order, you can choose to do so via the Lula Swim Label website (www.lulaswim.com) (Website).
(a) Exchanges to us via the Lula Swim Label website (www.lulaswim.com) (Website)
Lula Swim Label will gladly offer an exchange for items you wish to exchange via our website on the following conditions:
(i) the item is returned within 14 days of receipt of purchase;
(ii) the item has not been worn or damaged;
(iii) the original tags and hygiene stickers (where applicable) are attached;
(iv) the item is not a clearance item, or discounted by 50% or more;
(v) you present proof of purchase; and
(vi) you have contacted the Lula Swim Label Concierge to authorise your exchange.
Please note: Exchanges can only be processed for an item in the same style, for a different colour or size. Items cannot be exchanged for other products.
To arrange an exchange, please contact the Lula Swim Label Concierge at email@example.com. Any items received by Lula Swim Label, that do not comply with the above conditions, will be returned to sender.
6.2 Faulty or damaged items
(a) if an item has a major or serious problem, you are entitled to choose an exchange or refund, provided you present proof of purchase. An item has a major problem when:
(i) a reasonable consumer would not have bought the goods if they had known about the problem;
(ii) the goods are significantly different from the description, sample or demonstration model shown; or
(iii) the item is substantially unfit for its normal purpose and cannot easily be made fit within a reasonable time;
(iv) the item is unsafe; and
(b) if an item has a minor problem, please contact the Lula Swim Label Concierge or return to us, so we can assist to repair the item within a reasonable time. If the item is not able to be repaired in a reasonable time, you can choose an exchange or refund.
Refunds for faulty or damaged items will be processed via the same payment method as the original payment. Where the original payment method is no longer available, we may issue an exchange or refund via alternative method (where possible).
6.3 Returning or exchanging items via post
(a) Please post the items you wish to return or exchange via trackable post. Lula Swim Label will not be responsible for lost parcels. You will need to pay for any postage fees involved in posting the items you wish to return
(b) Lula Swim Label will refund the postage costs for any item deemed faulty in accordance with clause 6.2, provided you authorise your return with the Lula Swim Label Concierge. For the postage fee, we will only cover upto NZD$10 for your returned item(s).
6.4 Change of mind
Lula Swim Label does not accept returns or refund on any items because of change of mind
- Access and communication
7.1 Subject to the consumer guarantees provided for in the New Zealand Consumer Guarantees Act, Lula Swim Label does not warrant that you will have continuous access to the Website.
7.2 Lula Swim Label will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
7.3 Lula Swim Label does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
7.4 Whilst Lula Swim Label takes reasonable precautions to protect information transmitted via the Website, Lula Swim Label cannot and does not guarantee the security or confidentiality of these communications or the security of the Website or App.
7.5 Lula Swim Label does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website, and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
(a) processing your payments for purchasing any products;
(b) providing you with goods and services you have purchased; and
(c) providing direct marketing communications to you when you sign up to receive email updates from Lula Swim Label.
9. Disclaimer regarding Content
9.1 We have used our best endeavours to ensure all Content appearing on the Website is correct and up-to-date at the time of publication. Lula Swim Label does not represent or warrant the accuracy or completeness of the Content and is not responsible for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed may not constitute an accurate depiction of the true colour of the item.
9.2 Certain laws, can imply warranties or conditions, or impose obligations on Lula Swim Label that we exclude, restrict or modify, or that we can only exclude, restrict or modify to a limited extent. Where these laws apply, to the extent to which Lula Swim Label is able to do so, our liability will be limited to the resupply of the Content.
10. Warranties, consumer guarantees and limitation of liability
10.1 Subject to clause 6, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
10.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the New Zealand Consumer Guarantees Act or any other applicable law that cannot be excluded, restricted or modified by agreement.
10.3 To the fullest extent permitted by law, the liability of Lula Swim Label for a breach of a non-excludable guarantee referred to in clause 10.2 is limited, at Lula Swim Label's option, to:
(a) in the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
10.4 Lula Swim Label, its directors, employees, agents, contractors and related entities will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website, or the goods and services advertised or referred to on the Website.
10.5 Subject to this clause 10, the maximum aggregate liability of Lula Swim Label for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of NZD$100.
11. Third party sites
12. Intellectual Property
The Website is owned and operated by or on behalf of Lula Swim Label. The Content is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.
All Content contained on the Website is protected by New Zealand and international copyright laws, unless indicated otherwise.
You may view the Website and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site or application for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by Lula Swim Label and then only according the conditions as stipulated by Lula Swim Label; and (b) include the copyright notice "© Lula Swim Label 2020" on the copy.
You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on the Website, except as allowed by this site or as agreed by Lula Swim Label in writing.
12.3 Trademark Notice
The Website contain registered trademarks that are, unless shown otherwise, either owned or licensed by Lula Swim Label and are protected under the laws of New Zealand and other countries. You must not use Lula Swim Label's trademarks, except: (a) by saving or printing out a copy of the Website as allowed under the copyright notice set out above; (b) as part of a legitimate reference to Lula Swim Label or a Lula Swim Label product or (c) with Lula Swim Label's prior written consent.
The use of any trademarks on the Website that are not owned or licensed by Lula Swim Label is not intended to indicate any association with, or endorsement by, the owner of that trademark.
12.4 Intellectual Property in Designs
The Website contains graphics and other visual representations of products protected by copyright and equivalent laws in other jurisdictions. Lula Swim Label takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.
Making copies of products displayed on the Website whether electronic or otherwise, with the intent of reproducing them in whole or in part is strictly prohibited.
12.5 User Generated Content
(a) By including #Lulaswimlabel in images and content you post on social media or other online platforms, you consent to us reposting and sharing your content via our social channels including, but not limited to, Instagram, Facebook, Twitter, Snapchat and Pinterest.
(b) By tagging our Instagram and/or Facebook page in images, content or captions you post on social media or other online platforms, you consent to us reposting and sharing your content via our social channels including, but not limited to, Instagram, Facebook, Twitter, Snapchat and Pinterest.
13. Prohibited uses
You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
(a) download (other than page caching) or modify the Website, or any portion of the Website;
(b) impersonate or falsely claim to represent a person or organisation;
(c) are commercial, including selling, marketing, advertising or promoting goods or services;
(d) frame the Website without Lula Swim Label's express written permission;
(e) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
(f) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.
You will fully indemnify Lula Swim Label in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website or the Content; or
(c) your communications with Lula Swim Label.
15. Termination of your access to the Website
Lula Swim Label may at any time immediately terminate your access (including restricting access) to the Website, any feature of the Website, for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
16. Applicable law and international use
By accessing the Website you accept that any disputes about the Website or the Content are to be determined by the courts having jurisdiction in the State of Auckland, New Zealand, according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.
As the Website can be accessed throughout New Zealand and overseas, Lula Swim Label does not represent that the Content complies with the laws of any country outside New Zealand or that any competition, offering or Content accessible through the Website is appropriate or available for use in locations outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.
You understand that some countries have import restrictions on certain goods or materials. If you are outside New Zealand you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
18. Contacting us
If you have questions about the Website or these Terms, please contact us by clicking on the "Contact Us" button on the Website, and following the instructions from there.