General
- Welcome to www.thesoutherly.co.nz (the Site).
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In these Terms and Conditions (Terms), “The Southerly”, “we”, “us”,
or “our” means The Southerly Limited and any reference to “you” or
“yours” refers to you.
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These Terms apply when you purchase a product from the Site and you
agree to be bound by our Terms when you order a product from the
Site. If you are interested in ordering any product on a wholesale
basis, please contact us at hello@thesoutherly.co.nz as other terms
may apply.
- The Southerly may change the Terms from time to time.
Purchases
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When you purchase any product on the Site you confirm and agree that
all information you provide us with is true and correct, and that
you will update us of any relevant changes to that information.
Availability
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We do our best to display accurate product availability information
on the Site. However, all products on the Site are subject to
availability.
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Some products may be produced in limited quantities and some
products may only be available to purchase on the Site and/or in
store. Where products are not immediately available for delivery
(such as those on pre-sale and/or backorder) we will endeavour to
display this on the relevant product page. We may change or
discontinue products at any time without any prior notice to you.
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If you have placed an order for a product that is no longer
available (or becomes unavailable or where there are stock
shortages), we will notify you and work with you to either amend
your order or provide a refund or credit for the product(s) which
are not available.
Price and Payment
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Prices stated on the Site are in New Zealand dollars and are
inclusive of GST but exclusive of shipping costs.
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Shipping costs are applied at checkout and are additional to the
product prices listed on the Site.
- Rural deliveries may incur additional shipping costs.
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Prices stated on the Site (including shipping costs) are subject to
change.
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We accept payment by VISA or Mastercard only. Payments will be
processed by Shopify on behalf of The Southerly (depending on your
method of payment).
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Payment of the full product price and shipping costs is due at the
time you submit your order.
- No order is confirmed until full payment has been received.
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Once your payment has been processed and the order is confirmed, we
will send a confirmation email to your nominated email address.
Shipping and Delivery – New Zealand
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We usually dispatch orders within New Zealand on an overnight
service Monday-Friday after receiving a confirmed order (subject to
products listed as not immediately available).
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Our orders are delivered by a third-party courier provider and
should be delivered within 2-3 working days. New Zealand delivery
timeframes are from the date the order has been received by the
courier. Rural deliveries may take longer to deliver - please allow
an extra 1-2 days for delivery. There may be other delays and/or
business interruptions outside of our reasonable control. We will
notify you by email of any expected delays in dispatch.
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Please contact our team at hello@thesoutherly.co.nz if you have not
received your order after seven days. We will work with you to
investigate delays by courier services and try to update you on the
location of your order but please bear in mind that these are
largely outside of our control.
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Delivery is complete once your order (or part order if delivery will
be made in parts) is delivered at the address specified in your
order. Please let our customer service team know (at
hello@thesoutherly.co.nz) as soon as possible if you think there has
been any damage to product(s) during transit or if you have any
other queries in relation to your order.
- We are currently unable to deliver to post office boxes.
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A signature is required on delivery for all New Zealand orders. If
no one is available to sign for your order, a card will be left by
the delivery service provider. If you have given a delivery service
Authority to Leave, we are not liable in any way for loss, theft, or
damage to the parcel left in accordance with this Authority. We
recommend you send your order to a secure location where signature
is required.
International Delivery
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If you are based outside of New Zealand and would like to order,
please email us at hello@thesoutherly.co.nz. At this stage, we
handle these requests on a case by case basis and we reserve the
right to decline orders.
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Individual countries may have additional restrictions on the
carriage or import of goods.
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International deliveries may incur additional charges, such as
shipping costs or taxes. If these are incurred, they will be your
responsibility to pay.
Cancellation and Returns
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Subject to clause 8, all product sales are final and once we have
confirmed your order you may not cancel or amend your order without
our consent.
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Subject to clause 8, we may agree to returns for credit at our sole
discretion provided that:
- the purchase was made within the last 30 days; and
- the product is unopened and in original condition.
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To return a product, please call us on 0800 023 400 between 9.00am –
5.00pm (New Zealand time.
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If you have purchased our product from a retailer, the retailer’s
returns policy may apply.
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Where we have agreed to accept a return, you agree to pay the costs
of return shipping and to ensure that the products are returned to
us in the same condition they were provided to you in. We do not
accept responsibility for any lost, damaged or misplaced returns.
Consumer rights
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If you are a “consumer” for the purposes of the Fair Trading Act
1986 and Consumer Guarantees Act 1993, nothing in these Terms limits
any rights or remedies that you may have under the Fair Trading Act
1986 or the Consumer Guarantees Act 1993.
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If you are “in trade” and are acquiring products/goods from us for a
business purpose, you agree that the guarantees provided in the
Consumer Guarantees Act 1993 are excluded to the fullest extent
permitted by law.
Intellectual Property
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All intellectual property rights in the Site, products, concepts,
logos, branding, trade dress and content are owned by, and shall at
all times remain the exclusive property of, The Southerly and you
agree not to use The Southerly’s intellectual property in any
manner. You do not obtain any rights in, or to use, The Southerly’s
intellectual property.
Promotions
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We may offer product promotions or other marketing activities at
certain times (a Promotion). Where we are running a Promotion, any
special terms in relation to that Promotion as published on the Site
or elsewhere will apply in addition to these Terms.
Your information
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We handle all personal information in accordance with our Privacy
Policy : www.thesoutherly.co.nz/privacy
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Where you provide consent for us to do so, we may send electronic
communications to you about our products, Promotions and our
business.
General
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We may refuse and/or decline to accept your order or cancel any
order where we reasonably consider that you are in breach of or have
not complied with these Terms.
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All products sold through the Site are not intended for re-sale and,
to the extent permitted by law, The Southerly excludes all liability
in respect of any re-sale of products by you or on your behalf.
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If any provision in these Terms is held to be invalid or
unenforceable by any judicial or other competent authority, that
provision will be severed, and all other parts of these Terms will
remain in full force and effect.
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The Site and these Terms are governed by New Zealand law and the New
Zealand courts will have non-exclusive jurisdiction over any dispute
that might arise between you and The Southerly in relation to these
Terms.
Last updated: November 2024