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Teddy Lane Terms & Conditions

Terms and Conditions

Effective as of 17 April 2018.

  1. These are the Terms and Conditions for your use of this Website and Service, owned and operated by Teddy Lane Limited, trading as Teddy Lane (Teddy Lane).
  2. This Website provides a platform through which Users can view and purchase Products for delivery by (or on behalf of) Teddy Lane (Service).
  3. By accessing and using this Website and/or registering as a Subscriber, you agree to be bound by these Terms and Conditions from the date on which you first access the Website.
  4. These Terms and Conditions may be changed or updated from time to time. Your continued use of the Website and/or the Service represents your agreement to be bound by the Terms and Conditions as amended from time to time. For that reason, you should continue to review these Terms and Conditions whenever you access and use the Website and/or the Service. If you do not accept any change to these Terms and Conditions then you must cease using the Website and the Service.
  5. All capitalised terms used in these Terms and Conditions are defined at the end of these Terms and Conditions at clause 47.

Information you provide to Teddy Lane

  1. You undertake that:
    1. all the information (including personal information) you provide to Teddy Lane (as part of the ordering process, registration process or otherwise) is true and correct and up to date; and
    2. if you are providing personal information to us relating to any person other than yourself (including any child for whom you are procuring the Service), that you are authorised to provide that information to Teddy Lane.

Privacy policy

  1. Please review our Privacy Policy for further information on our privacy practices.

Subscription

  1. You may need to be a Subscriber to access certain aspects of our Website and/or Service, including our subscription nail service.
  2. To become a Subscriber, you must complete the registration process on the Website. If you are registering for another person you must have authority to agree to these Terms and Conditions on their behalf. 
  3. To be a Subscriber you must be aged 18 or over when you register. 
  4. In becoming a Subscriber, you agree to receive emails from Teddy Lane (not associated with specific Orders). You may unsubscribe to these communications by using the unsubscribe link in any email.
  5. Teddy Lane reserves the right to reject your registration.

Liability

  1. You are responsible for all matters, including payment of all Orders, associated with your access to and use of the Website, Products and Service and for all activities that occur under your Subscriber account. Teddy Lane is not responsible, and you acknowledge that you are liable for, any unauthorised access to your account or device.
  2. It is your responsibility to ensure your details, including the username and password associated with your Subscriber account, remain confidential and that your access of the Website and Service is secure.

Termination of registration

  1. You may terminate your Subscriber account at any time by providing notice of termination to Teddy Lane by email to admin@teddylane.com
  2. Teddy Lane may terminate your Subscriber account at any time by providing notice of such termination to you by email. 
  3. On termination of your Subscriber account you will cease to have access to that account.

Ordering and Cancellation

  1. Any User or Subscriber may place an Order via the ordering process on the Website. 
  2. Once your Order has been successfully processed by Teddy Lane, Teddy Lane will email you confirming your Order. 
  3. You may not cancel or alter an Order following completion of the ordering process on the Website. 
  4. Teddy Lane reserves the right to cancel an order, and will notify you by email and refund you if any order is cancelled. If the cancellation is the result of a breach of these Terms and Conditions then no refund will be payable.

Delivery

  1. Details as to available shipping options available in respect of each Order, including expected delivery times, can be found on our shipping page.
  2. Teddy Lane will make reasonable efforts to ensure Products are delivered in accordance with expected delivery times specified on the Website at the time the Order was placed. 
  3. Some shipping taxes or duties may apply to your Order. These will be applied during the Order process where possible. If your Order incurs any tax or levy or duty which has not been applied to your Order (for example, without limitation, international taxes or customs duties) and paid for by you then you will be responsible for payment of those taxes, levies or duties.

Price and payment

  1. The price payable for each Order will accord with the prices for the Products specified on the Website at the time you place the Order. 
  2. The amount payable for each Order will become due at the time that you make your Order. Payment instructions are included as part of the ordering process.
  3. Payment must be made by way of credit or debit card using the payment system provided as part of the ordering process. Payments are processed by Shopify on behalf of Teddy Lane.
  4. If your payment is not accepted or validated (for any reason), your Order will not be processed.

Returns and refunds

  1. If Teddy Lane fails to deliver your accepted Order, or delivers an incorrect Order, Teddy Lane may (in its sole discretion) refund you the amount paid by you to Teddy Lane for that Order, or re-send you a correct Order at no further charge, except where such failure occurred as a consequence of an event which was reasonably unforeseeable or was beyond the reasonable control of Teddy Lane, in which case no refund will be made by Teddy Lane.
  2. Products cannot be returned and are not refundable or exchangeable unless required by law or otherwise provided for in these Terms and Conditions. 
  3. Teddy Lane is not responsible for any incorrect information provided in an Order. In the event that the wrong shipping information is provided in an Order, Teddy Lane will not be liable for any replacement or refund. 

Restrictions

  1. You must not:
    1. use the Website, Products, Service or any Website Content for any commercial or illegal purpose;
    2. use unauthorised automated means to access and/or use the Website, the Service or any Website Content;
    3. access the Website or use any Website Content other than as part of your authorised use of the Service;
    4. transfer or copy any Website Content, the Website, the Service or any part thereof or in any other way breach the Intellectual Property Rights in the same; or
    5. use the Website, the Service or any Website Content in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
Intellectual Property Rights
  1. All Intellectual Property Rights in the Website and Website Content are owned by or licensed to Teddy Lane. Without Teddy Lane’s express prior written consent you must not (or allow anyone else to):
    1. assert any ownership or rights in respect of any such Intellectual Property Rights;
    2. use, reproduce, duplicate, reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend any such Intellectual Property Rights or any of the underlying materials in any way whether directly or indirectly; and/or
    3. exploit, sell or generate profit from any such Intellectual Property Rights.

External websites

  1. The Website may contain links to other websites or resources over which Teddy Lane does not have control (External Websites). Teddy Lane is not responsible for the content of such External Websites and such links do not constitute an endorsement by Teddy Lane of the content contained in those External Websites. Your use of External Websites is at your own risk and is subject to the terms and conditions of use and privacy policies located on those External Websites. 

Website Content

  1. The Website Content is for your information only. You must make your own assessment of the suitability and appropriateness of the Products and Service for you.

Service availability

  1. Teddy Lane warrants that it will make reasonable efforts to maintain acceptable performance and accuracy of the Website and the Service. However, Teddy Lane does not warrant that the Website or the Service:
    1. will be continuous, timely, error-free, satisfy all of your requirements or work on your chosen computer or electronic device; or
    2. will be free from infection, viruses or destructive code and shall not be liable to you on any basis for any damage or loss suffered by you as a result of material on the Website infecting or damaging your computer equipment, software and any other electronic device.

Warranties

  1. To the extent permitted by law, and except as otherwise provided for in these Terms and Conditions, Teddy Lane makes no representations, conditions or warranties of any kind with respect to the Products, Service or Website.

Limitation of liability

  1. Where the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986 apply to the Products and Service provided by (or on behalf of) Teddy Lane under these Terms and Conditions, nothing in these Terms and Conditions shall have the effect of contracting out of or limiting the application of those Acts.
  2. Teddy Lane will not be liable for a lack of performance, unavailability or failure of the Website or Products, or the provision of the Service (or any part thereof), due to a cause beyond Teddy Lane’s control.
  3. Neither Teddy Lane nor any of Teddy Lane’s suppliers, contractors, employees or agents will be liable for any loss, damage, expenses, claims, obligations or liabilities to third parties arising out of or in connection to your use of the Website, Service or Products.
  4. Neither Teddy Lane nor any of Teddy Lane’s suppliers, contractors, employees or agents will be liable to you for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever resulting in any way from your access or use of the Website, Products or Service (whether foreseeable or not). 
  5. If Teddy Lane is determined liable to you for losses, such liability is limited to a maximum amount equal to the fee paid by you to Teddy Lane for the Order to which the loss or liability relates.

Complaints

  1. If you experience any problems whilst accessing or using this Website or Service, please let us know in writing, by email to admin@teddylane.com at the earliest opportunity.

General

  1. These Terms and Conditions are governed by the laws of New Zealand. The parties submit to the non exclusive jurisdiction of the Courts of New Zealand in respect of any matter arising out of or in connection with these Terms and Conditions or the Website. 
  2. These Terms and Conditions constitute the entire understanding and agreement between you and Teddy Lane and supersede any and all prior oral or written communication on the subject matter contained in them.
  3. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder shall not be affected.

Defined terms

  1. In these Terms and Conditions, unless the context otherwise requires:
External Websites has the meaning given in clause 34.
Intellectual Property Rights means all trade marks, domain names, copyright, patents, registered designs, circuit layouts, rights in computer software, databases, content and lists, rights in inventions, know-how, and trade secrets and all other intellectual property, in each case whether registered or unregistered (including applications for the grant of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world, and all rights of action, powers and benefits of the same.
Order means an order placed by a User for Products via the formal ordering process included on the Website.
Products means the products available for purchase by Users via the Website.
Service has the meaning given in clause 2.
Subscriber means any user of the Website who has successfully completed the registration process for Teddy Lane’s subscription service, has had his or her registration approved by Teddy Lane and such registration has not been terminated by Teddy Lane.
Supported Software means any software determined by us as necessary to access the Service online.
Teddy Lane has the meaning given in clause 1.
Terms and Conditions means these terms and conditions.
User means any user of the Website, including Subscribers.
Website means the website selling the Products with the domain name teddylane.com.
Website Content means any digital content (including images, logos,
videos, links, text, learning content) made available via the Website from time to time.