Terms and Conditions
Your access to and use of the by Natalie website at www.bynatalie.co.nz (the “Site”), including to order and purchase Products through the Site, is governed by these Terms and Conditions.
We may amend these Terms and Conditions at any time and they may be different from order to order. Please read these Terms each time you agree to them during the ordering process. We will not change any Terms and Conditions for an existing order that has been already been accepted by us and the Terms and Conditions at that time will apply.
Ordering and Purchase Terms and Conditions
We only sell Products within Australia and New Zealand and can only ship to a location where we can provide a delivery service. Additional delivery charges may apply to locations outside of main centres as advised when you place your order. We do not make deliveries outside of Australia or New Zealand.
Capacity to open account and place orders - You must be eighteen (18) years of age or older to open an account and to place orders on the Site. If you are under 18, you may use the Site only with involvement/approval of a parent or guardian. We reserve the right to seek compensation from the parents or guardians of a minor if we suffer loss or damage due to any order(s) placed by the minor.
When purchasing Products on this Site you must create an account (“Account”) and you will be required to input certain information such as your name, delivery address, billing address, phone number and email address. By Natalie uses Shopify Inc. to provide the e-commerce platform for our online store. By Natalie and Shopify may verify the information that you provide before accepting the creation of an Account or accepting an order.
You are responsible for maintaining the confidentiality of your Account and password and you agree to accept responsibility for all activities that occur under your Account or password.
Placing an order for Products and acceptance of your order
Orders through the Site are subject to these Terms and Conditions. When you place an order you are offering to purchase the Product for the listed price (plus delivery, any other applicable charges, and taxes) at the time you place the order. Your order is subject to acceptance by us.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. You must provide us with current, complete and accurate details at all times.
Your order will not be accepted until full payment has been received by by Natalie or we notify you we have not accepted your order.
You cannot cancel an order once it has been accepted by us.
If for any reason we cannot proceed with your order after acceptance including after payment is received we will use all reasonable efforts to contact you by email or telephone and arrange to refund your payment. We will use the email address or telephone number provided by you when you created your Account (you must load your contact details correctly on the Site). Please add by Natalie’s email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.
We may cancel an order (even if accepted) at any time without any liability to you if the Products in that order are not available for any reason, we reasonably believe your order has been placed in breach of these Terms and Conditions or as otherwise provided in these Terms and Conditions. We will endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
We reserve the right to refuse service, terminate accounts, not accept an order for any reason (including without limitation if there is an error in the price or the Product description posted on the Site for the Product in that order). We may also refuse to supply if multiple orders are placed for large quantities of the same Product for the same billing or shipping address or if we believe you are purchasing for the purpose of on-sale/trade.
Payment Methods and Processing
We accept most Credit Cards, Laybuy and Afterpay (if you are an account holder and subject to Laybuy and Afterpay Terms and Conditions).
Payment processing will not begin until we receive all the information we need to process the order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day - Monday through Friday, excluding Public Holidays (these differ depending on specific State or Territory). If we are unable to successfully process your payment for your order, then we may cancel your order.
A tax invoice will be provided to you by email at the time of purchase.
Please note that we are unable to accept credit cards issued by banks outside of Australia or New Zealand, and you may be required to provide further identification for additional security reference checks. You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
Prices, fees and charges
The prices and availability of Products will be as displayed on the Site at the time you place your order. Products and prices do not include display accessories or other options unless specifically stated as included). We reserve the right to change prices for Products displayed on the Site at any time.
The price and all fees and charges for the Products on the Site include GST and are in Australian dollars or New Zealand dollars (depending on what country you are accessing the site from), and will be confirmed when you place your Order.
We reserve the right to correct any errors or misprints (including an error in the price) relating to Products displayed on the Site even after a Product has been ordered and if there is a significant error that is not noticed until after we have accepted your order we reserve the right to cancel your order or we may agree an amendment with you.
We may occasionally offer promotional discounts. All promotional discounts, unless otherwise stated, are available for a limited time only; while supplies last; or until redemption maximum quantity is met. Unless otherwise stated, discounts of this nature exclude the purchase of accessory items. Multiple discounts or promotions cannot be used in conjunction with each other. Discounts cannot be used to purchase Gift Cards.
Delivery of Products
Delivery times are in business days and exclude public holidays and are estimates only and may change. Products will only be delivered to a location where we can provide a delivery service. If you order multiple items, there may be separate deliveries. We or our delivery company may need to contact you to arrange a delivery date and time frame.
If your Product has not arrived after the estimated delivery time, please contact us at firstname.lastname@example.org.
We recommend that you are present to accept the delivery of your order. You agree that any other person at the delivery address who receives the Product is authorised by you to receive your order.
If there is no one or no appropriate person at the delivery address to receive the order then we may still deliver the order but we also reserve the right to not deliver the order and if so, we will endeavour to contact you or you may contact us to arrange for delivery at a different time. We may charge you an additional delivery fee for that replacement delivery. If we are unable to deliver we reserve the right to cancel the order and refund any amounts paid for that order under these Terms and Conditions excluding the delivery fee.
Delivery is to your street entrance only. No internal delivery or installation is offered. Risk of loss or damage in the Product passes to you immediately on delivery.
Ownership of the goods described in the order remains with us until we have received payment in full and have delivered the goods.
Statutory Conditions and Warranties
Nothing in these Terms and Conditions excludes the application of statutory Conditions and warranties including under the Australian Consumer Law or under the New Zealand Consumer Guarantees Act.
If you believe your Product may not meet the statutory Conditions and warranties, please contact us in the first instance on email@example.com.
To the extent permitted by law we exclude all implied Terms and warranties whether statutory or otherwise relating to the purchase of Products or this Site.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
To the extent permitted by law, the maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
To the extent that we cannot exclude or limit our liability then our liability is limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Our liability to you for loss or damage of any kind arising out of this agreement or supply of Product or services in connection with this Site is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.
Competition Terms and Conditions
Sleepmaker x by Natalie Giveaway:
Thursday 4 February, 2021
1.By Natalie and Sleepmaker are pleased to give you this opportunity to win
- Sleepmaker Cocoon bed, valued up to $9,000 (Size to be selected by winner, up to Super King size)
- 1x by Natalie sleepwear outfit (1 dress, or 1 bottom & 1 top) of the winners choice, valued up to $338
- 2x by Natalie pillow of the winners choice, valued up to $358
- 2x by Natalie pillow topper of the winners choice, valued up to $198
2. The prize is not transferable or exchangeable and cannot be redeemed for cash.
3. Participation in this promotion is deemed acceptance of these terms and conditions.
4. You must be an Australian resident aged at least 18.
5. This promotion starts on 4th February 2021 and runs until 15th February 2021 but may cancelled at any time without prior notice.
6. To enter the Giveaway you must
- Follow @_by_natalie and @sleepmakeraustralia on Instagram
- Tag a friend in the comments on the @_by_natalie giveaway post
7. A winner will be chosen at random, and notified on Instagram on Monday 15th February. The Winners must respond within 48 hours to accept the prize and if not then a new winner may be chosen at the promoter’s discretion.
8. The prize will be sent to the winner’s address in Australia within 60 working days of prize selection being chosen by the winner (notice of such choice must be received by By Natalie by no later than Friday 26 February 2021).
9. Incomplete, indecipherable, illegible, offensive or inappropriate entries will not be accepted, however, errors and omissions may be accepted at the promoter’s discretion.
10. The promoter’s decision is final and no correspondence will be entered into.
11. by Natalie reserves the right to (a) modify, suspend, terminate or cancel the promotion, including these terms and conditions, at any time without prior notice; (b) substitute the prize or part of the prize with a prize to the equal value and/or specification.
12. Any cost associated with accessing the promotion is your responsibility and may be dependent on the telecommunications and internet service provider you use.
14. Except for any liability that cannot be excluded by law the promoter including its officers, employees and agents excludes all liability (including negligence), for any personal injury, or for any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the promotion, including, but not limited to (a) any technical difficulties or equipment malfunction (whether or not under the promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after receipt by the promoter); (d) any variation in prize value to that stated in these terms and conditions; (e) any tax liability incurred by you if you are a winner; or (f) from use of the prize. For the avoidance of doubt, nothing in these terms and conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under Australian consumer law.
15. Each of by Natalie and Sleepmaker is solely responsible for providing its own prize and is not responsible for any failure of the other party in relation to any aspect of the other party’s prize.
16. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. Entrants agree to release and indemnify Instagram and Facebook from any liability occurring as a result of this promotion. Instagram and Facebook are not responsible for providing any information in response to questions, comments or complaints regarding the promotion.
17. If the promoter does not enforce any of its rights under these terms and conditions at any stage this does not constitute a waiver of those rights on other occasions.
18. These terms and conditions are governed by the exclusive laws of Australia and come under the exclusive jurisdiction of the Australian courts.
by Natalie, Grow Adventures Ltd, Anthony Harper, Level 6, Chorus House, 66 Wyndham Street, Auckland, 1010 (www.bynatalie.com.au)