Terms & Conditions

Background

The following Terms and our Website Policy apply to the use of Les Tomes website (Site), including the use of the information and any material contained or accessed through this Site or any linked website, purchases from our Site and participation in our data base and promotions.

Please read these Terms carefully as by using the Site, you are agreeing to be bound to these Terms and the Website Policy.

 

Definitions

Force Majeure Event means any event or circumstance (whether arising from natural causes, human agency or otherwise) that is beyond the reasonable control of us, including strikes, lockouts or other labour disputes, riot, civil commotion, fire, flood, drought, loss or delay at sea, breakdown or war (whether declared or not).

Intellectual Property means our business names, trade names, trademarks, product names, copyright, patents, designs, industrial processes, trade secrets, know how, ideas, concepts, technical information, writings, diagrams, drawings, photographs, images, programmes and all other intellectual property rights whatsoever owned, developed, created or used by us in relation to the Product, our business and any development or modifications in or to such intellectual property.

Product means the products listed on this Site from time to time.

Site means Les Tomes website, www.lestomes.com

Terms means these terms and conditions as may be amended by us from time to time.

We, our, us means Les Tomes.

You, your means the person placing the order for Products on this Site pursuant to these Terms and includes that person's successors and assigns.

 

Online Ordering

By placing an order with us for Product, you are agreeing to be bound by these Terms.

All orders for Product are subject to acceptance by us in writing or by us supplying you with the Product in accordance with the order.

Once an order has been placed, it may not be cancelled for any cause whatsoever without our written consent. Upon placing the order, you will be deemed to have invited us to supply or arrange for the supply of the Product, and have agreed that your order will be irrevocable, pending acceptance or rejection by us within a reasonable time.

We reserve the right not to accept your order for Product if the Product you ordered is out of stock, if we are unable to obtain authorisation to process your payment, if you do not meet the eligibility criteria set out in these Terms, or for any other reason whatsoever at our sole discretion. We also reserve the right to restrict orders for multiple quantities of Product or to dispatch orders in part.

 

Price

All prices and delivery charges on our Site are given in New Zealand dollars (NZ$), and are inclusive of New Zealand GST (if any). While all prices are correct at time of publication, we reserve the right to alter prices at any time for any reason.

If you order Product for delivery outside of New Zealand, the Products may be subject to import duties and taxes which are levied when the delivery reaches its final destination. You will be responsible for payment of these duties and taxes.

 

Delivery

We only delivery options to New Zealand and International addresses and we will endeavour to dispatch all orders within 48 hours of receipt of order and otherwise to deliver Product to you within a reasonable time, any dispatch or delivery timeframes provided by us are estimates only. To the maximum extent permitted by law, we do not accept any liability for any loss or damage suffered by you as a result of late delivery.

We are unable to deliver to Post Office Box addresses and recommend that when you are completing your delivery details at checkout that you list an address where someone will be present during business hours to sign for the receipt of your package.

Delivery occurs when your Product is delivered to the relevant address unless we agree to obtain a signature at the delivery address (in which case delivery of the Product will occur on collection of a signature unless the recipient authorises us to leave the Product at the delivery address without collection of a signature).

If you elect not to require a signature for delivery, you do so at your own risk. Upon delivery to you (signature or otherwise), you assume all risk and responsibility for the Product. We accept no responsibility for any damage or theft that may occur following delivery to you.

Please refer to our Delivery Policy for further details on delivery costs and timeframes.

 

Promotions

All promotions and offers advertised on this Site are exclusive to this Site unless otherwise stated. Any promotion or offer may not be used in conjunction with any other offer unless otherwise stated and are subject to availability.

Any free gift supplied in conjunction with a promotion may not be exchanged for cash, resold by you or returned for a refund or replacement unless the gift is faulty. We reserve the right to substitute the gift provided to you if we are out of stock.

 

Returns

Please refer to our Returns Policy which applies to all Product purchased off this Site.

 

Accuracy of Information

We try to ensure the information provided through this Site is accurate and up to date. However we cannot, and do not (to the maximum extent permitted by law), represent or warrant the accuracy, completeness of information on this Site or that it is up to date. For example but without limitation, accuracy of colours, descriptions of products, prices, timeframes for delivery or length of promotions.

 

Privacy

Please refer to our Website Policy.

 

Prohibited Use

You must not use this Site for commercial purposes. Any resale or distribution of Les Tomes products purchased on this Site is prohibited.

 

Intellectual Property

You acknowledge that we own, the Intellectual Property rights in and to this Site, the Products and information displayed in this Site, and any other material underlying or forming part of this Site. You are not permitted to reproduce redistribute, duplicate, copy, sell, modify or otherwise exploit they content of this Site without prior written consent from us.

 

Limitation of Liability

Notwithstanding any other provision of these Terms, our liability arising out of, or in connection with, these Terms or use of this Site in respect of any claim whether under contract, tort (including negligence) or on any other basis is limited to the maximum extent permitted by law at our option to replacing the Product or supplying equivalent Product, or the cost of replacing the Product or supplying equivalent Product, or repairing the Product or the cost of repairing the Product.

Notwithstanding any other provision of these Terms and to the maximum extent permitted by law our total liability to you (whether in contract, equity, tort (including negligence)) under or arising from these Terms or use of this Site will not exceed the total amount paid by you for Product under these Terms.

Force Majeure

Notwithstanding any other provision of these Terms and to the maximum extent permitted by law, non-performance by us of any obligations under these Terms will be excused, without liability for non-performance, during the time and to the extent that such performance is prevented, wholly or substantially, by a Force Majeure Event. Performance of any obligation affected by a Force Majeure Event will be resumed as soon as reasonably possible after the termination or abatement of the Force Majeure Event.

If, by reason of a Force Majeure Event, we are unable to perform any material obligation under these Terms for a period of 60 days after the occurrence of the Force Majeure Event, we may terminate the supply of Product by giving written notice to you, in which case you will be entitled to a full refund of all amounts paid to us in respect of such Product.

 

Indemnity

You irrevocably indemnify us and agree to hold us harmless from and against all loss, costs, damages, expenses whether direct, indirect, special or consequential that (including all legal costs and expenses incurred on a solicitor/own client basis) we incur and all claims, demands and other proceedings brought by any person, arising from your failure to comply with these Terms and the Website Policy or with any legislation, regulation or bylaw, or from any act, omission or negligence committed by you.

 

General

These Terms and this Site are governed by, and construed in accordance with, the laws of New Zealand.

To the maximum extent permitted by law, these Terms, the Website Policy and any other policies or operating rules posted on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, 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).

To the maximum extent permitted by law, any unlawful or voidable provisions in these Terms will be read down so as to be valid and enforceable, or if it cannot be read down, will be severed from these Terms without affecting the validity, legality or enforceability of the remaining provisions, provided that the reading down or severing does not materially affect the purpose of or frustrate the Terms.

We reserve the right, at our sole discretion to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms constitutes acceptance of those changes.