In these terms and conditions "we", "our" and "us" refers to Sweet Living Ltd. "you" refers to you the customer.
"Dollar" constitutes New Zealand dollars only. These terms and conditions together with your order constitute the entire contract between Sweet Living Ltd. and the customer. No other external terms and conditions are applicable to this website and business. Terms and conditions cannot be varied without prior approval from both parties in writing.
ACCEPTANCE OF TERMS AND CONDITIONS
The terms and conditions are the terms on which Sweet Living Ltd, offers you access to the services of our website. These Terms and Conditions” apply at all times to your use of our Website and any related dealings between us, regardless whether you access our site as a guest or registered user. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen years old.
Please read our Terms and Conditions carefully before you start to use our Website, as these will apply to your use of our Website and any arrangement we enter into with you for any goods or services (regardless of any other terms contained in any offer made by you, except to the extent we have expressly confirmed in writing our acceptance of those other terms). We recommend that you print a copy of all relevant documents for future reference.
Note that before you are able to access certain parts of our Website, or undertake some specific activities through our Website, you may be required to expressly confirm your acceptance of particular parts of our Terms and Conditions. Notwithstanding any such express requirements for confirmation, by using our Website, you are deemed to have accepted our Terms and Conditions, and are bound by them, from the time you first start using our Website. If you do not agree to our Terms and Conditions, you may not use our Website or purchase products from us.
CHANGES TO THESE TERMS
We may revise our Terms and Conditions (or any part of any of them), or add further Terms and Conditions at our discretion, at any time by amending this page or the relevant document setting out any part of our Terms and Conditions.
Please check this page and the pages setting out other parts of our Terms and Conditions from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR WEBSITE
We may update our Website from time to time at our sole discretion and may change or discontinue the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
ACCESSING OUR WEBSITE
Our Website is made available free of charge, although there may be charges for particular services products or services available through our Website.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of our Terms and Conditions, and that they comply with them.
You may not use our Website or any services we provide without accepting our Terms and Conditions, and regardless may not use or access our Website or any services we provide if you are (a) under 13 years of age; (b) over 13 years of age but under 18 years of age and do not have your parent's consent for such usage or access; or (c) are in a country to which we do not provide our products or services.
YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as highly confidential and take all reasonable steps to keep that information secure and protected against unauthorised access. If given a choice of passwords, you must not choose any obvious password likely to be easily guessed or determined. You must not disclose passwords, user identification codes or other security information to any third party. When choosing a password please do not choose the same password that you use on any other website or application.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time and without notice, if in our reasonable opinion you have failed to comply with any of the provisions of our Terms and Conditions.
If you know or suspect that anyone other than you know your user identification code or password, you must immediately notify us at firstname.lastname@example.org
You may not transfer your account (or any feedback) to any other party without our prior consent.
We may cancel unconfirmed accounts or accounts which have in our opinion been inactive for a long time
PAYMENT METHODS AND PROCESSING TIMES
We currently accept 5 types of payment method which including Payment Express, Credit Card, Alipay, Wechat Pay, and E-wallet Pay.
Payments will not be processed until all applicable information has been received. If your payment is not received within 30mins that you receive your order confirmation, the system will automatically close the transaction. Sweet Living Ltd also reserves the right to change prices for products displayed on www.sweetliving.co.nz at any time without notification.
Free standard shipping for orders over $150 NZD (subtotal, excluding shipping costs).
Orders below $150 is with standard shipping for $9.95 NZD.
The shipping policy may change without notifications by Sweet Living Ltd.
Sweet living Ltd will make every attempt to dispatch your item as soon as possible, it may however take up to 3 working days from date of payment for your item to be dispatched. Please note items will not be dispatched until payment has been received in full.
Sweet living Ltd. makes every effort to deliver your product according to the estimated delivery times provided at checkout, however bears no liability for delays caused by Courier companies. All estimated delivery times are in business days and exclude weekends and/or public holidays.
Any credit awarded to the customer may only be used towards the payment of products listed on our website. Credit may only be used in accordance with the terms and conditions listed on the website. Any credit awarded is non-redeemable for cash. Account Credit cannot be transferred to any other person.
If your account is closed it is at our discretion whether you are eligible for a refund of any store Credit balance not spent.
RETURN AND REFUND
All returned items need to be returned within 7 days of purchase
If an item is faulty, please arrange to return the item to Sweet Living for assessment. Once we have confirmed the damage or fault, it will be repaired or replaced free of charge or refund it with store credit, provided the item is returned within 7 days of purchase.
If you change your mind about a product you've purchased from us, you're welcome to return it for an exchange or refund of store credit (excluding the shipping costs), provided the item is returned within 7 days of purchase. The returned item must be unused with original packaging.
CREDIT CARD FRAUD
We want you to have a safe and secure shopping experience online. All payments via our sites are processed using SSL (Secure Socket Layer) protocol, whereby sensitive information is encrypted to protect your privacy.
You can help to protect your details from unauthorised access by logging out each time you finish using the site, particularly if you are doing so from a public or shared computer.
These terms and conditions apply to those promotions where you must redeem a promotional voucher code as part of the offer.
The promotional voucher code is valid for a limited time only. Sweet Living reserves the right to modify or cancel it at any time.
Each promotional voucher code can be used only once, unless otherwise specified.
Each promotional voucher code applies only to qualifying items. Details are specified in the promotion.
Promotional voucher code does not apply to gift voucher purchases.
Promotional voucher code does not apply to low margin products.
The promotion is subject to all restrictions set forth in the offer.
If the promotion has a minimum purchase requirement, taxes, gift-wrap, shipping and handling charges do not apply toward the minimum purchase amount.
The promotion applies only to orders shipped to the same address.
The promotional code is not transferable, may not be resold or redeemed for cash.
If you return items purchased using a promotional code, we will subtract the value of the promotional code from your return credit.
Only one promotional voucher code can be used each time and therefore cannot be combined with other offers using promotional code.
Limit one promotional voucher code per customer.
Sweet Living reserves the right to void the transactions where prohibited.
If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional voucher code discount will not apply.
Sweet Living reserves the right to update these terms and conditions without prior notice.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use. All other copying or downloading is prohibited without our prior written consent. If you print off, copy or download any part of our Website in breach of these our Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return to us or destroy any copies of the materials you have made.
You must not modify or manipulate the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged in relation to such content.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us (and our licensors if applicable).
NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only. It is not intended to constitute advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, free from errors, complete or up-to-date.
You hereby acknowledge that nothing on our Website will constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and us through your use of our Website. You hereby agree that you shall not make any financial, investment, legal and/or any other decision based in whole or in part on anything contained in or on our Website.
The opinions (if any) expressed on our Website are not necessarily our opinions and do not necessarily reflect the opinion of our employee(s), agents, contractors and/or our associated Companies.
Any opinions or statements which are expressed by us on our Website are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
You may use our Website only for lawful purposes, and must not do, or attempt to do, any of the following:
Use our Website:
If you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Website;
in any way that breaches any applicable local, national or international law or regulation, or which is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors, or any third parties, in any way;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (see clause 11.1 below);
to send, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
to knowingly transmit, send or upload any data or material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware.
Use automated or other means to create multiple accounts or to access search or use our Website or any related services other than by way of our official interface and/or APIs;
Harvest or otherwise collect information about users of our Website without both their consent and our consent;
Interfere with or disrupt any other user's access or use of our Website or services;
Breach or otherwise circumvent any security or authentication measures, systems, policies or any termination of your account;
Probe, scan or test the vulnerability of any system of network;
Reproduce, duplicate, copy, reverse engineer, re-sell or commercialise any part of our Website, or prepare derivative works from contents on our Website (whether belonging to us or any other party), except where you have our prior written permission;
Access without authority, interfere with, damage or disrupt:
any part of our Website;
any equipment or network on which our Website is stored;
any software or hardware used in the provision of our Website; or
any equipment or network or software owned or used by any third party.
We do not warrant or guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to enable access to our Website, and for ensuring you obtain and use your own adequate virus protection software and measures.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. You acknowledge that by breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. For the purpose of this clause, you authorise such disclosure. In the event of such a breach, your right to use our Website will also cease immediately.
LINKING TO OUR WEBSITE
You may link to the home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation, take advantage of it or look to profit from it in a manner not expressly approved by us.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to immediately withdraw any linking permission at any time without prior notice to you.
The website(s) you are linking to our Website must comply in all respects our Content Standards.
THIRD PARTY LINKS AND RESOURCES IN OUR WEBSITE
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources and assume no responsibility for that content. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
CONSUMER GUARANTEES ACT
You acknowledge that the Consumer Guarantees Act 1993 or any equivalent consumer protection legislation will not apply where you purchase any Products or Services for the purposes of a business.
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 any act or event beyond our reasonable control ("Event Outside Our Control”).
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of our Terms and Conditions. When a breach has occurred, we may take such action as we deem appropriate.
Failure to comply with our Terms and Conditions may result in our taking all or any of the following actions:
temporary or permanent withdrawal of your right to use our Website;
temporary or permanent removal of any posting or material uploaded by you to our Website;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you; and/or
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary,
but the potential responses are not limited to those described above, and we may take any other action we reasonably deem appropriate. We exclude liability for actions taken in response to breaches of our Terms and Conditions.
1. Membership & Eligibility
The Sweet Living Membership Program ("Program") is a rewards program offered by Sweet Living Ltd. ("Sweet Living") to customers resident in New Zealand. Membership to the Program ("Membership") is limited to individuals only and is limited to one account per individual. The membership account cannot be shared and the misuse of membership may end up with the cancellation of the membership. You must be age 18 years or older and a legal resident of New Zealand to be eligible for Membership. Eligible minors must obtain their parent's or legal guardian's consent prior to participation. By submitting an application for Membership in the Program, you agree (or, if you are a minor, your parent or legal guardian agrees) to be bound by these terms and conditions ("Terms"). A purchase is necessary to become a member. Sweet Living shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Program. The membership will be activated after 14 days after eligible purchases.
2. Silver Membership
Silver Membership status is conferred on those registered Sweet Living members who spend a minimum of NZ$300 on merchandise (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping) online. Sweet Living may, in its sole discretion, alter, limit, or modify the Silver Membership program rules available on http://www. Sweetliving.co.nz or the Program Website], regulations, benefits, eligibility for membership, or any other feature of the Sweet Living Silver membership program or may terminate the Sweet Living Silver membership program at any time in its sole discretion, by giving reasonable notice on the website and/or by email. Please check the website regularly for updates. The membership will be activated after 14 days after eligible purchases
3. Gold Membership
Gold Membership status is conferred on those registered Sweet Living members who spend a minimum of NZ$1500 on merchandise (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping) online. Sweet Living may, in its sole discretion, alter, limit, or modify the Gold Membership program rules available on http://www. Sweetliving.co.nz or the Program Website], regulations, benefits, eligibility for membership, or any other feature of the Sweet Living Gold membership program or may terminate the Sweet Living Gold membership program at any time in its sole discretion, by giving reasonable notice on the website and/or by email. Please check the website regularly for updates. The membership will be activated after 14 days after eligible purchases.
4. Platinum Membership
Platinum Membership status is conferred on those registered Sweet Living members who spend a minimum of NZ$3000 on merchandise (excludes the purchase of e-gift cards, gift cards, taxes and/or shipping) online. Sweet Living may, in its sole discretion, alter, limit, or modify the Platinum Membership program rules available on http://www. Sweetliving.co.nz or the Program Website], regulations, benefits, eligibility for membership, or any other feature of the Sweet Living Platinum membership program or may terminate the Sweet Living Platinum membership program at any time in its sole discretion, by giving reasonable notice on the website and/or by email. Please check the website regularly for updates. The membership will be activated after 14 days after eligible purchases.
Members may receive gift based on their membership level and order amount. No return or exchanges accepted for the gift and Sweet Living does not take any responsibilities for the faulty or damaged products included in the gift. Offer is subject to change, alteration, or termination by Sweet Living in its sole discretion at any time, by giving reasonable notice on the website and/or by email. Please check the website regularly for updates.
7. Other Offers
Membership in the Program may entitle you to various offers ("Offers") in addition to Rewards. The details of these Offers are set out from time to time on the Program Website. Details and terms of any Offers as set out on the Program Website are valid for a calendar year unless otherwise specified on the Program Website.
9. Changes, Termination & Removal From Program
If for any reason this Program is not capable of running as planned (including in the event of fraud or attempted fraud), Sweet Living reserves the right in its absolute discretion to modify the terms of the Program including the Rewards and these Terms, or to suspend or terminate the Program. In the event of such modification, suspension or termination, Sweet Living will notify the members of the Program via email, as well as by communicating this on our website. Members will not receive any compensation from Sweet Living in the event of modification or suspension of the Program.
Any abuse of the Program, failure to follow any terms of the Program, Membership inactivity for more than 18 months, any misrepresentation or any conduct detrimental to the interests of Sweet Living, or fraud or attempted fraud, may subject members to Membership revocation and will affect eligibility for further participation in the Program.
Membership is non-transferable and Membership purchases must be made by the member. If your Membership is revoked or otherwise cancelled (whether by you or Sweet Living in accordance with these Terms), or if the Program is terminated, any points in your account will automatically expire. Sweet Living will notify you via email prior to making changes to these Terms.
It is your responsibility to check or review these Terms from time to time to keep informed of any changes.
10. Limitation of Liability
To the extent permitted by law, Sweet Living will not be liable for any damages of any kind arising out of or in connection with your participation or Membership in the Program, including damages arising out of changes to or termination of the Program or as a result of you redeeming and/or using a Reward. This applies to all damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
To the extent permitted by law, the limitations on Sweet Living liability set forth herein shall apply whether for breach or repudiation of contract, or whether in tort, civil liability by way of negligence, gross negligence, strict liability, or otherwise, even if advised of the possibility of such damage. By agreeing to these terms, you willingly agree (or, if you are a minor, your parent or legal guardian willingly agrees) that you have relinquished your right to seek these damages from Sweet Living and that this is a reasonable allocation of risk. Certain legislation, including the Consumer Guarantees Act 1993 ("CGA"), may impose consumer guarantees or imply warranties or conditions or impose obligations upon Sweet Living which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions provided that where you are purchasing merchandise in trade (as defined in the CGA) and you are in trade, you agree that the provisions of the CGA do not apply.
11. Intellectual Property
Intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) of all Program content and all software used in connection with the Program is the property of and are owned by or licensed to Sweet Living or its affiliates. Nothing in these Terms constitutes a transfer of any intellectual property rights. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Sweet Living is strictly prohibited.
12. Applicable Law
The Program and these Terms are governed by the laws of New Zealand, without giving effect to any principles of conflicts of laws. You hereby consent (and, if you are a minor, your parent or legal guardian hereby consents) to the exclusive jurisdiction of courts located in New Zealand in all disputes arising out of or relating to these Terms or the Program.
To contact us, please email email@example.com