Terms & Conditions

Introduction
1. This website (Site) is operated by Lots of Limited (NZBN 9429046888808) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
Use of the Site
1. You accept these Terms by placing an order via the Site.
2. You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.
3. We list on the Site the ingredients in relation to the products and it is your responsibility to check that these are suitable for you prior to placing an order.
4. When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
  2. using the Site to defame, harass, threaten, menace or offend any person;
  3. using the Site for unlawful purposes;
  4. interfering with any user of the Site;
  5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
  6. using the Site to send unsolicited electronic messages;
  7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
  8. facilitating or assisting a third party to do any of the above acts.
Accounts
1. You must create an account in order to purchase products from us.
2. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
3. It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.
Subscriptions and Orders
1. We offer a subscription service, and by placing an order with us, you are agreeing to order products from us on an ongoing basis. The details of your subscription (including your subscription tier and inclusions, your payment method, and your delivery period) are as set out in your account on the Site.
2. Each period, as set out in your account, you will be provided with a final date by which your order for that period must be finalised (Cut-Off Date). We will select the products that you will receive each period as set out in your account while your subscription is active.
3. All of the products on the Site are subject to availability. Due to market conditions outside our control, sometimes we will need to substitute certain products in your order. We will always aim to substitute products with other similar products.
4. Your subscription is subject to a minimum term, as set out in your account. Without limiting your rights under NZ Consumer Laws, you may only cancel your subscription at the expiry of the minimum term.
5. Your subscription will roll over on an ongoing basis as set out in your account, unless you provide notice to us via email that you wish to cancel your subscription at least 24 hours before the next Cut-Off Date. You may also amend your subscription (such as changing your subscription tier) through your account at least 24 hours before the next Cut Off Date.
6. We may, at our absolute discretion, suspend or cancel any subscription, or refuse to fulfil any order. If we cannot fulfil an order, or need to suspend or cancel your subscription, we will promptly notify you via email.
7. Each time your order is confirmed on the Site following the Cut-Off Date and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses, a delivery window, and a description of your order.
Orders
1. You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
2. We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
3. It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.
4. When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
5. All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
6. We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
Price and payments
1. For Non-Subscription Orders: You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in New Zealand dollars and are inclusive of GST (where applicable). You must pay the Price upfront using one of the methods set out on the Site.
2. For Subscription Orders: In these Terms, the Price means the price paid by you in respect of each order. You will be charged the Price for your initial order by completing the initial transaction on the Site. Unless you suspend or cancel your subscription in accordance with these terms, you will be charged the same Price each period as set out in your account on the Cut-Off Date (the Billing Date). If at least 24 hours before the Cut-Off Date, you adjust your subscription to a different tier with a different fee (as set out on the Site), then the Price will be changed to the new fee for all future orders from the next Billing Date, unless you amend, suspend or cancel your subscription in accordance with these Terms. We may need to change the Price from time to time. If we change the Price, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription in accordance with these terms.
3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
4. The payment methods we offer are set out on the Site. We may offer payment through a third-party provider such as Stripe, PayPal and LayBuy. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
5. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
6. We may from time-to-time issue promotional discount codes for certain products on the Site. For Non-Subscription Orders: To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. For Subscription Orders: To redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your next order. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
7. When you sign up for a subscription, we may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
Delivery, title and risk
1. If possible we will deliver the products to the delivery address you provide when making your order. We deliver New Zealand wide (unless our delivery company does not deliver to your area).
2. Delivery costs are set out on the Site and are to be paid in addition to the Price/Delivery costs are included in the Price.
3. We normally dispatch products on weekdays (excluding statutory or regional holidays) within 48 hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
4. If you need to change the delivery day or delivery address, please notify us immediately in writing.
5. We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
6. Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
Return
Change of mind returns
1. We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):
  1. you have provided the proof of purchase and you purchased the products within 14 days prior to the request for an exchange or refund;
  2. the products are in their original condition and have not been opened, used or consumed;
  3. the products are in their original undamaged packaging with all product tags still intact;
  4. the products are not sale items, custom-made, special buy products or gift vouchers; and
  5. a return and exchanges form has been completed.
2. We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
3. You may have rights under NZ Consumer Laws (see below) in addition to this clause
NZ Consumer Laws
1. Certain legislation, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (NZ Consumer Laws), may confer you with rights, warranties, guarantees and remedies relating to our products, which cannot be excluded, restricted or modified.
2. You are entitled to a replacement or refund for a failure of substantial character and, in some circumstances, for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods replaced (or, where applicable repaired) if the goods fail to be of acceptable quality and the failure does not amount to a failure of substantial character.
3. Where you return products to us to seek a NZ Consumer Laws remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
4. Where your claim is a valid claim under NZ Consumer Laws, we will refund your return delivery costs and, depending on the failure, either dispatch a new or replacement product or refund you the Price of the relevant product. Please contact us for further information.
5. Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under NZ Consumer Laws. Any and all other warranties or conditions which are not guaranteed by NZ Consumer Laws are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
Limitations
1. You may have rights under NZ Consumer Laws (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
2. Despite anything to the contrary, to the maximum extent permitted by law:
  1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
  2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
    whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
3. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
4. Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
  1. loss of, or damage to, the products, or any injury or loss to any person, including allergic reactions or adverse effects from consuming the products;
  2. failure or delay in providing the products; or
  3. breach of the Terms or any law,
    where caused or contributed to by any:
  4. event or circumstance beyond our reasonable control; or
  5. act or omission of you or your related parties.
Intellectual property
1. All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
2. We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
3. You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.
4. You must not, without our prior written consent:
  1. copy, in whole or in part, any of Our Intellectual Property;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
5. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
  1. you do not assert that you are the owner of Our Intellectual Property;
  2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
  3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
  4. you comply with all other terms of these Terms.
Content you upload
1. We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
2. If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
3. You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
General
1. Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
2. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
3. Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
4. Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
5. Entire agreement: Subject to your rights under NZ Consumer Laws, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
6. Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
7. Governing law: These Terms are governed by the laws of New Zealand. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in New Zealand and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of New Zealand. If you access the Site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
8. Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

For any questions and notices, please contact us at:

Lots of Limited (NZBN 9429046888808)

Email: rachael@lotsof.co.nz

Last update: 16 May 2022

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