Terms of Use & Service


T E R M S   O F   U S E   &   S E R V I C E 

 

O V E R V I E W

This website (https://designeraffair.co.nz/) is operated by Designer Affair, a New Zealand based business that rents out clothing to customers. These Terms of Use & Service and any other policies posted on our site including our Rental Agreement, govern your use of this site and our services (collectively, "Terms of Use & Service", "Terms") Throughout the site, the terms “we”, “us” and “our” refer to Designer Affair and the terms "you" and "your" refers to any user of the site. 

By visiting our site and/or renting something from us, you engage in our “Service” and agree to be bound by the following Terms of Use & Service. These Terms of Use & Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you are hiring on behalf of others you must ensure that each of those persons are aware of and comply with these Terms. 

These Terms of Use & Service constitute a legally binding agreement between you and Designer Affair, so please read them carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use & Service. If you do not agree to all the terms and conditions in this agreement, then you may not access the website or use any services. If these terms of Use & Service are considered an offer, acceptance is expressly limited to the terms contained herein. 

Any new features or tools which are added to the current store shall also be subject to the terms of Use & Service. You can review the most current version of the Terms of Use & Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use & Service by posting updates and/or changes to our website. Unless stated otherwise, any changes take effect immediately. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. These Terms of Use & Service were last updated on 29/12/17. 

 

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 Use & Service, you represent that you are of legal age to enter this site and to use our Services and you have given us your consent to allow any of your minor dependents to use this site and our Services.You may not use our products for any illegal or unauthorized 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.

Please refer to our Rental Agreement for details on our online store hire procedure and policies.

 

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 through our secure payment provider Shopify Payments 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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION  

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are in New Zealand Dollars (NZD) and include GST. They are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

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 Return Agreement.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
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.
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 6 ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in 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, 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 e-mail 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 7 - 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 Use & Service.

 

SECTION 8 - 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 9 - INTELLECTUAL PROPERTY

The copyright and other intellectual property rights in the material contained in this website are owned by us. Any reproduction or use of any of the contents of this website, including copying the look and feel of this website without our express written consent is prohibited.]

 

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use & Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 11PRIVACY & ONLINE SECURITY

We have structured the website so that, in general, you can visit our site without identifying yourself or revealing any personal information. You do not have to provide personal information to access the website, but if you do not provide certain personal information, then you may not be able to access some of the areas and facilities of the website.

If you choose to provide us with personal information when using our site or in some other manner, we will only store, use or disclose that information for purposes associated with our business, which include the following:

  • to manage your registration in respect of the website (if applicable);
  • to analyse your use of the website to ensure that content from the website is presented in the most effective manner;
  • to monitor and/or keep records of our email communications and other correspondence with you. If you send us correspondence that contains personal information, we may use that information to address the nature and purposes of the correspondence;
  • to provide you with customer service;
  • in order to prevent illegal activity that threatens our computer systems or networks; and
  • in order to comply with any applicable laws and/or regulations, and you consent to the collection, use and disclosure for those purposes and any reasonable related purpose. 

We may collect aggregated information by using cookies. Cookies are unique identification numbers like tags that are placed on the browser of internet users. The cookies do not in themselves identify users personally, but may link back to a database record about them. We may use cookies to track any aspect of our site or services.

We may use services such as Google Analytics, which will issue cookies from their own servers and which will be able to track website visitors throughout relevant websites. We do not control how those cookies are issued, or the data that they store.

We may share your personal information with certain service providers who provide services for us or perform administrative or marketing activities on our behalf, or who develop, host or maintain our site.  We will otherwise not provide your personal information to third parties unless we have your consent to do so or such disclosure is required by law.

You can ask to access and review the personal information we hold about you.  You can also ask us to update or correct any personal information we hold about you.  Any such requests may be directed to us at [email address].

All personal information that we hold about you will be collected, held, used and disclosed in accordance with all applicable privacy laws.

We will also ensure that we comply with New Zealand laws regarding unsolicited electronic messages, including by including accurate sender information and a functional unsubscribe facility.



SECTION 12 - 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. 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 13 - 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, or local 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 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, virus free 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.
To the maximum extent permitted by law, in no case shall Designer Affair, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, .  To the extent our liability cannot be excluded, to the maximum extent permitted by law, our liability will be limited to the price paid for your rental garment.

Nothing in these Terms of Use & Service affect your rights as a consumer under the Consumer Guarantees Act.

 

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Designer Affair and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use & Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, including any failure of a person who accesses and uses our Service by using your user ID.

 

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Use & 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 Use & Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 17 - 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 & Use are effective unless and until terminated by either you or us. You may terminate these Terms of Service & Use 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 & Use, 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 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service & Use shall not constitute a waiver of such right or provision.
These Terms of Use & 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 Use & Service).
Any ambiguities in the interpretation of these Terms of Use & Service shall not be construed against the drafting party.

 

SECTION 19 - GOVERNING LAW

These Terms of Use & 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 20 - CHANGES TO TERMS OF USE & SERVICE

You can review the most current version of the Terms of Use & Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use & Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use & Service constitutes acceptance of those changes.

 

SECTION 21 - SURVIVAL

Certain sections which, by their nature, are intended to survive termination of these Terms of Use & Service, include sections 14 (Disclaimer of Warranties, limitation of liability) and 15 (Indemnification).

 

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Use & Service should be sent to us at designeraffair.nz@gmail.com.