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Terms and Conditions

LITTLE & KIND LTD TERMS AND CONDITIONS

Last updated March 15, 2019.

The terms and conditions below regulate your use of this site. If you use this site, you are agreeing to abide by all the terms. little & kind Ltd reserves the right to revise these terms at any time.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

If you suffer from allergies it is your responsibility to check the ingredients list of the product on the website prior to ordering or using our products.


SECTION 3 - INDEMNIFICATION

You agree to defend, indemnify and hold harmless little & kind Ltd, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the site or breach of these terms.

SECTION 4 - PAYMENT OPTIONS

little & kind Ltd accepts payment for online orders by credit card (Visa & MasterCard only). Other payment methods may be added at a later time.


SECTION 5 - DELIVERY AND SHIPPING

All orders are shipped by New Zealand Post, unless otherwise specifically agreed in writing between you and little & kind Ltd.

Postage is separate from the price of the products. This is added on the checkout page of the little & kind website. Postage prices may change from time to time, however we always aim to use the most economical method. (Please contact us if you would like expedited delivery and we will do our very best to ensure the product is posted as soon possible using the agreed method.)

New Zealand orders take approximately 2-3 business days from payment to shipping. Postage time depends on NZ Post’s current demand, but we always do our best to deliver to NZ Post as soon as possible. If you have not received your order within 10 days you should contact us at hi@littleandkind.co.nz

International orders take approximately 2-3 days from payment to shipping. Postage times depend on the destination country, however generally if you have not received you order within 21 days you should contact us at hi@littleandkind.co.nz


SECTION 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 7 - PRODUCT AVAILABILITY

We do our best to ensure all items are in stock at all times however sometimes a product may become unavailable. If this happens the product will appear as SOLD OUT and you will be unable to purchase it. If you are after a specific item and wish to be notified when it becomes available again please email us at hi@littleandkind.co.nz and we will do our best to notify you when it becomes available.

No back orders will be accepted for any special or promotionally priced items that are unavailable at the time the order is placed.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 
SECTION 9 - PRICING

All pricing on the little & kind Ltd online store is in New Zealand Dollars (NZD) and includes GST.


SECTION 10 - ADVERTISING AND SPONSOR LISTINGS

The little & kind Ltd website may contain listings and advertising from other providers of products and services not related to little & kind Ltd. In addition to the disclaimers in these Terms and Conditions, little & kind Ltd specifically does not endorse any product or service listed or advertised and does not warrant that the product or service is fit for its intended use, is accurate, of quality or value, or otherwise is appropriate in the circumstances. The user must exercise all necessary caution and investigate fully for themselves any product or service listed or advertised.

Every time you receive a message from us, you will always have the option to unsubscribe to stop receiving further messages from little & kind Ltd.


SECTION 11 - COPYRIGHT

This website and all content such as text, graphics, logos and images, Trademarks, Patents and associated content and material owned by little & kind Ltd is protected by New Zealand copyright laws. Unauthorized use of any content is strictly prohibited and may infringe on intellectual property rights held by little & kind Ltd. Copyright of some material may be held by the suppliers of little & kind Ltd, in which case the suppliers retain all rights.


SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 13 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 

SECTION 14 - FEEDBACK AND QUESTIONS

At little & kind Ltd we encourage you to email us with feedback regarding your purchase and experience on our website. Please email if there is anything at all you would like to let us know. All queries will be followed up during business hours.

By submitting content to little & kind Ltd through the website, or by contributing other information or material to little & kind Ltd, the user grants little & kind Ltd a royalty-free, unrestricted, world-wide, perpetual, non-exclusive right and license to use, reproduce, modify, adapt, publish, or distribute such contributed content.

If you have any questions about our Terms and Conditions, please contact us via the contact page.

Please refer to our FAQ and Care pages which also covers a lot of the information you may be looking for.


SECTION 15 - RETURNS & EXCHANGES

We hope you will be delighted with your little & kind Ltd shopping experience. If you are not happy with any aspect of your purchasing experience, then please let us know so we can resolve any issue you have. Not only do we meet our obligations under the Consumer Guarantees Act, our aim is to exceed your expectations.

If the products or product has been damaged when the you receive them - simply return the product (unused and in the original packaging) within 7 days of the date of purchase and little & kind Ltd will happily offer an exchange or refund.

We want you to be happy with your order so please let us know if you are not as we are learning and growing too.


SECTION 16 - CONSUMER GUARANTEES ACT 1993

little & kind Ltd will meet our obligations under the New Zealand Consumer Guarantees Act 1993 if our products have been wrongly described, develop a fault or are not fit for the purpose described. In this case we will happily provide an exchange, credit or refund. Please note: shipping is not refundable on returns and the item must be in saleable condition (i.e not used). The Customer will be responsible for the cost of shipping in both directions. Please include your contact details with your return. Preferably include your original packing slip. Please contact us by email to arrange an exchange, our email address is hi@littleandkind.co.nz

Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representations or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative is authorised to make any warranties, representations or unauthorized warranties, representations or statements.

The Customer shall ensure that the Goods are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Goods.

The Customer expressly acknowledges and agrees that little & kind Ltd accepts no obligation or liability for any advice given and all such Goods are accepted by the Customer entirely at the customers risk.

The customer acknowledges that where the goods are ordered for business purposes (as defined in the Consumer Guarantees Act 1993) ("CGA") the provisions of the CGA shall not apply to any goods purchased from this site.


SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall little & kind Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Termination of the User's contractual relationship with little & kind Ltd shall be the sole and exclusive remedy for any and all damages or injuries suffered by a user. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Any liability that may arise whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the goods supplied or any other breach of obligations hereunder shall not exceed an amount equal to the price paid by the Customer for those goods for one month preceding the event causing the loss.

little & kind Ltd shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall little & kind Ltd be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.


SECTION 18 - FORCE MAJEURE

If the performance by little & kind Ltd of any of its obligations under the Terms and Conditions of this site is prevented by reason of "force majeure" (including without limitation fire, accident, natural disaster, act of God or any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage or unavailability of products, delay in transit, electricity or communications failures, or other causes beyond the reasonable control of little & kind Ltd) little & kind Ltd shall be excused from such performance to the extent that such performance is prevented by the above conditions.


SECTION 19 - GOVERNING LAW AND JURISDICTION

The use of this website and these Terms and Conditions shall be governed by the laws of New Zealand. Any legal action arising out of its use shall be brought and enforced under the laws of New Zealand shall be within the exclusive jurisdiction of the courts of New Zealand.


SECTION 20 - WAIVER

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.


SECTION 21 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.Your submission of personal information through the store is governed by our Privacy Policy.


SECTION 22 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.


SECTION 23 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

Although little & kind Ltd believes that it has taken all due and reasonable care in providing such information that it believes to be accurate and safe, it specifically presents such information "as is", without any warranty of any kind, express or implied, and it is not liable for mistakes, errors or omissions of any kind nor for any loss or damage caused by a user's reliance on facts data, opinions, statements or other information appearing or published on the little & kind Ltd website.

little & kind Ltd is not liable for any injury loss or damage that might arise through use of this website. The existence of listings and any advertising on this website does not constitute a guarantee or endorsement of the quality, value or suitability of the products or services so listed or advertised. It may happen that some information is incorrect or not complete.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 24 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 25 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 26 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 27 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.


SECTION 28 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hi@littleandkind.co.nz.