Terms & Conditions
1. GENERAL
1.1 Definitions
1.1.1 "Customer" means any person who uses Lulu Lane (including, without limitation, any person who purchases Products via Lulu Lane). Lulu Lane reserves the right to refuse customers who purchases goods for resale.
1.1.2 "GST" means any amounts levied or charged pursuant to the Goods and Services Tax Act 1985.
1.1.3 "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered by any means, and the right to file an application for registration thereof.
1.1.4 "Login" means a Customer's personal password and access to Lulu Lane under that Customers registration.
1.1.5 "Products" means the products for sale on Lulu Lane.
1.1.6 “Terms and Conditions” means these terms and conditions of sale (as amended from time to time).
1.1.7 " Havaya 2021 Limited" trading as Lulu Lane, who is the seller of the products on sale on Lulu Lane.
1.1.8 " Lulu Lane” means, as the context requires (i) this internet site accessible at www.lululane.co.nz; or Lulu Lane (the owner of this internet site).
1.2 Sale of all Products and use of Lulu Lane subject to Terms and Conditions.
The use of Lulu Lane and all sales of Products via Lulu Lane are subject to these Terms and Conditions. By using Lulu Lane, the Customer will be deemed to have accepted these Terms and Conditions.
1.3 Terms and Conditions to prevail
These Terms and Conditions constitute the entire agreement between the Customer and Lulu Lane relating to the subject matter herein and shall prevail over any other document purporting to have a contractual effect.
1.4 Lulu Lane discretion to accept registration
Lulu Lane has the absolute discretion to refuse the registration of a potential Customer and the purchase of goods by a Customer for any reason whatsoever.
1.5 Termination of Registration
Lulu Lane has the absolute discretion to terminate the registration of any Customer for any reason whatsoever.
1.6 Customer liable for every order
The Customer will be liable for every order made under its Login and agrees to indemnify and keep Lulu Lane indemnified against all losses, liabilities, penalties, damages, claims, demands, actions, costs, charges and expenses whatsoever which Lulu Lane incurs, or which may be made against Lulu Lane by any third party, as a result of the actions of a person placing orders for the Products using the Customer’s Login.
1.7 Security of Information
Lulu Lane shall use reasonable endeavours to prevent any unauthorised entry onto Lulu Lane. However Lulu Lane shall not be liable for any damage or loss whatsoever if any third party gains unauthorised access.
2. PRICE
2.1 Registration costs
The Customer shall not be liable for any registration costs to register with Lulu Lane.
2.2 Currency
The prices of products are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Internet Service Provider charges
The Customer shall be individually responsible for any Internet Service Provider charges.
2.5 Delivery charge
Lulu Lane shall charge the Customer a delivery charge which covers the costs associated with the picking, packing and delivery of the Customer’s order. The charge shall be identified and included in the total price at the point of “checkout”. Lulu Lane is entitled to change this charge at any time for future orders.
2.6 Variation of order and price
If the Customer requests a variation to an order which Lulu Lane accepts, then the price payable for the order will be adjusted accordingly to reflect the variation, and recorded on the invoice.
2.7 Lulu Lane may vary prices
Lulu Lane may vary the prices of the Products at any time without notice.
2.8 Vouchers
Discount Vouchers & Codes issued by Lulu Lane are valid to be redeemed only against products listed online with full retail prices and which are not already on specials or being discounted. Gift Vouchers / Gift Cards can be redeemed against all products available online.
All discount vouchers, gift vouchers & gift cards cannot be exchanged or redeemed for cash and full amounts of all vouchers & gift cards must be used at the same time (in one purchase).
The use of multiple discount vouchers is not valid ie only one voucher can be used at any one time.
3. PRODUCT RANGE AND AVAILABILITY
3.1 Product availability
Every effort will be made to fulfil orders placed with Lulu Lane, but Lulu Lane shall not be liable to any person if Lulu Lane declined to supply the Products for any reason whatsoever.
Lulu Lane reserves the right to determine the specials that are available online.In addition, specials that are available online are subject to availability while stocks last.
Lulu Lane does not allow back orders for specials that are not available at the point of ordering.
3.2 Product range
Lulu Lane reserves the right to limit the range of Products available to certain areas.
Lulu Lane reserves the right to limit quantities of Products that can be ordered by a Customer.
Lulu Lane may delay dispatch of a bulk order due to stock availability. Delivery may be by instalments.
3.3 Seasonal lines
Every effort will be made to fulfil orders placed with Lulu Lane, but Lulu Lane shall not be liable to any person if Lulu Lane are unable to supply Products due to the seasonal nature of such Products.
3.4 Vouchers
Gift Vouchers may be purchased on Lulu Lane. Gift Vouchers can be redeemed on Lulu Lane.
4 PAYMENT
4.1 Payment by credit card
The Customer shall make payment of each order by credit card at the time of placing an order. Lulu Lane accepts Visa or Mastercard. You will be charged in New Zealand dollars.
4.2 Disabling account
Lulu Lane reserves the right to disable a customer's account for any reason whatsoever.
4.3 Debt Collection
The Customer is liable for all costs associated with debt collection where the Customer's payment has defaulted for an order(s).
4.4 Change to Payment Policy
Lulu Lane may change at any time the way in which the Customer pays for the Products, and any change will be notified to the Customer via Lulu Lane .
4.5 Customer Statements
The name that will appear on Customer statements will be "Lulu Lane”.
5. DELIVERY
5.1 Delivery Areas
Lulu Lane delivers to most locations within the North and South Islands of New Zealand.
5.2 Proof of ID
The Customer warrants that they will show current identification to the person(s) delivering the goods for Lulu Lane. This identification must include the Customer’s full name, date of birth, photo and signature. Lulu Lane will not deliver to any Customer who is under the age of 18 and / or cannot show identification proving they are 18 years or older.
5.3 Right to withhold delivery
Lulu Lane may withhold the right to deliver the Products to the Customer for any reason whatsoever (including, without limitation, location).
5.4 Reasonable endeavours
Lulu Lane shall use reasonable endeavours to deliver the Products to the delivery address specified by the Customer on the registration form within a reasonable time.
5.5 Change of Address
The Customer is to notify Lulu Lane (hello@lululane.co.nz) immediately of a change to its delivery address.
5.6 Delays to delivery
Notwithstanding clause 5.3, Lulu Lane shall not be liable for any failure to deliver within a reasonable time whether the delay is due to causes beyond the control of Lulu Lane or otherwise.
5.7 Delivery deemed to have taken place
Delivery will be deemed to be effected upon the direct transfer of possession of the Products from Lulu Lane to the Customer, or upon possession of the Products being given to a carrier or courier for the purposes of transmission to the Customer.
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The customer may vary or cancel the orders from the online bottle shop (not applicable for subscription plans) up to the point in time that Lulu Lane has commenced packing the order by contacting Lulu Lane on 0800 000 146.
6.2 Administration fee
Lulu Lane reserves the right at all times to charge the customer an administration fee of $10 for any variation / cancellation of orders from the online bottle shop, These variation / cancellation of orders must have been approved by Lulu Lane in the first place, in accordance with clause 6.1.
6.3 Substitution of Product
Subject to the Customer's consent, Lulu Lane may substitute a Product for another similar Product if the initial Product ordered by the Customer is unavailable.
7. PROPERTY/RISK
7.1 Products
Risk in the Products shall pass to the Customer upon delivery (as described in clause 5.7). Ownership of any Products passes to the Customer when the Customer has paid for the Products in full and delivery is made.
7.2 Login and email
The Customer is obligated to keep their login and password details safe and confidential at all times.
8. RETURNS OF PRODUCTS/REFUNDS
If, for any reason, you are dissatisfied with your order, please contact us within 5 days of receipt of your order on 0800 000 146 for assistance.
9. WARRANTIES
9.1 Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representation or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded. No agent or representative of Lulu Lane is authorised to make any warranties, representations or unauthorised warranties, representations or statements. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that Lulu Lane assumes no obligation or liability for any advice given and all Products are accepted by the Customer entirely at the Customer’s risk.
9.2 Consumer Guarantees Act
The Customer acknowledges and agrees that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993) ("CGA") the provisions of the CGA shall not apply.
10 LIABILITY
10.1 Liability
Subject to the CGA, Lulu Lane excludes all liability for damage, injury or loss arising directly or indirectly from any defect in or non-compliance of the Products. In any event, Lulu Lane’s liability, whether in contract, tort or otherwise, for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Lulu Lane’s obligations under these Terms and Conditions shall not exceed the price of the Products ordered by the Customer.
10.2 No liability for indirect loss
Lulu Lane shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Lulu Lane be liable for any damage or loss caused by the Customer's servants, agents, buyers or other persons.
11.SPECIAL PRODUCTS
11.1 Alcohol
If the Customer's Order includes any liquor product the Customer warrants that he/she is not under the age of 18 years, is legally entitled to purchase any liquor product, and is not under the influence of alcohol at that time.
11.2 Restrictions on use of login to purchase special products
The Customer shall ensure that no person or persons shall use his/her login to purchase alcohol if that person or persons cannot satisfy clause 11.1.
11.3 Acceptance of orders containing alcohol
An order containing alcohol made by a Customer on an Easter Sunday, Good Friday, Christmas Day or before 1pm on Anzac Day shall not be accepted by Lulu Lane immediately at checkout, but will be deemed to have been accepted and dispatched the following day.
12 INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property relating to Lulu Lane is vested in and is the property of Havaya 2021 Limited (or is included with the permission of the relevant owner). No part of Lulu Lane may be distributed or copied for any commercial purpose and you are not permitted to incorporate the contents of Lulu Lane or any part of it in any other work or publication (whether in hard copy, electronic or any other form) without our prior written consent. Further, you may not copy, use, remove or alter any Intellectual Property that appears on Lulu Lane or on any content on Lulu Lane.
13 FORCE MAJEURE
If the performance by Lulu Lane of its obligations under Lulu Lane is prevented by reason of "force majeure" (which shall include fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond the reasonable control of Lulu Lane) Lulu Lane shall be excused from the performance of its obligations under these Terms and Conditions.
14 PRIVACY ACT
14.1 Collection of information
The Customer authorises Lulu Lane to collect, retain and use personal information about the Customer for the purposes of:
14.1.1 Assessing the Customer's credit-worthiness;
14.1.2 Undertaking any dealings or transactions with the Customer;
14.1.3 Enforcement of any legal or other rights Lulu Lane may have against the Customer in any manner that Lulu Lane sees fit;
14.1.4 Making such disclosures as may, in Lulu Lane’s opinion be required for any of the above purposes or generally to do business;
14.1.5 Sending the Customer any advertising or promotional material; and
14.1.6 Determining prize winners of promotions (if applicable).
14.2 Lulu Lane maintains the right to refuse application
If all of the requested Customer personal information is not supplied, or is not satisfactory to Lulu Lane then his/her application for registration to Lulu Lane may not be accepted.
14.3 Information retained by Lulu Lane
The Customer agrees that any personal information supplied by the Customer will be retained by Lulu Lane and will be accessible to Lulu Lane’s employees and other persons or body corporate engaged by Lulu Lane for or in relation to any of the purposes listed in clause 14.1 above. The Customers personal information will be held at Havaya 2021 Limited in Palmerston North, NZ (or at a cloud-hosting provider as Lulu Lane’s agent). Lulu Lane shall retain all personal information supplied by the Customer until such time the Customer is deregistered.
14.4 Disclosure
The Customer authorises Lulu Lane to disclose all or any part of any personal information provided by the Customer to a third party for any of the purposes listed in clause 14.1 above.
14.5 Customer rights
Under the Privacy Act 1993, the Customer has rights of access to his or her personal information held by Lulu Lane and may request correction to that information. The Customer may do so by emailing hello@lululane.co.nz. The customer agrees to pay Lulu Lane the reasonable charges requested by Lulu Lane in relation to time and attendances involved in complying with the Customer's request in this regard.
14.6 Consent to receipt of electronic messages
The Customer consents to his or her inclusion in Lulu Lane’s direct marketing database and accepts that they may, as a result, receive electronic communications and promotional communications from Lulu Lane. The Customer has the right to ask Lulu Lane at any time to stop sending online communications and promotional offers to them.
15 COMPETITIONS/PROMOTIONS
The following provisions apply to promotions on Lulu Lane.
For the purposes of this section, “the Promoter” means Havaya 2021 Limited T/A Lulu Lane.
Instructions, prizes and information on how to enter form part of these conditions of entry. By entering, entrants accept these conditions of entry.
Entry is only open to New Zealand residents aged 18 years or older. Directors, management and employees of the Promoter, participating outlets/venues and of the agencies or companies associated with this promotion (including the immediate family members of the before mentioned people) are ineligible to enter.
The promotion is only valid for the stated promotional period.
To enter the promotion, entrants must follow competition entry instructions.
No responsibility is accepted for late, lost, incomplete, illegible or misdirected entries.
The Promoter reserves the right to verify the validity of entries. The Promoter reserves the right to disqualify any entrant who tampers with or benefits from any tampering with the entry process or with the entry process or with the operation of the competition, or for submitting an entry which is not in accordance with these conditions of entry or acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person.
Prize Draws will take place at any authorised associated premises by Havaya 2021 Limited T/A Lulu Lane.
The judge's decision as to whether any entry is valid and the result of the draw is final and no correspondence will be entered into.
Prizes or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
The prize winners will be notified by private message, text, phone, e-mail or in writing. In the event that a winner is not contactable for two weeks after the prize draw, the Promoter will conduct such further draws at the same place as the original prize draw as are necessary in order to distribute prizes and the previous winner will forfeit their prize, subject to any written directions of any relevant gaming authority.
Prizes are not transferable or exchangeable and cannot be redeemed for cash. In the event for any reason a winner does not take an element of the prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where any prize is unavailable for any reason, the Promoter reserves the right to substitute that prize for a prize of equal value as determined by the Promoter.
The prize winners must at the Promoter’s request, participate in any marketing and promotional activity in relation to winning the prize, free of charge, and consent to the Promoter using their name and image in such promotional material.
The Promoter reserves the right to request winners to provide proof of age and identity prior to awarding any prize. Identification considered suitable for verification is at the discretion of the Promoter.
If for any reason this promotion is not capable of running as planned (including but not limited to) technical failures, unauthorised intervention, fraud or any other causes beyond the control of the Promoter) which corrupts or affect the administration, security, fairness, or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the promotion.
The Promoter will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), damage or personal injury suffered or sustained in relation to this promotion or the acceptance or use of any prizes (whether or not arising from any person’s negligence) except for any liability which cannot be excluded by law, in which case it will be excluded to the minimum allowable by law.
Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage in transit to prizes.
The Promoter encourages consumers to enjoy responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended by the Alcohol Advisory Council of New Zealand (ALAC). These levels are based on a measurement called the 'standard drink'. Each standard drink contains 10 grams of alcohol.
On any one drinking occasion you should drink no more than - six standard drinks (for men) and four standard drinks (for women). In any one week, you should drink no more than - 21 standard drinks (for men) and 14 standard drinks (for women). For further information visit www.alcohol.org.nz.
All entries will be the property of the Promoter. The information entrants provide will be used by the Promoter for the purpose of conducting the competition. The Promoter may disclose entrants’ personal information to its contractors and agents to assist in conducting the competition or communicating with entrants. By entering the competition entrants consent to the storage of their personal information on the Promoter’s database and the Promoter may use this information for future promotional and marketing purposes regarding the Promoter’s products including contacting the entrant via electronic messaging. The Promoter is bound by the Information Privacy Principles in the Privacy Act 1993. Entrants can request access to, and correction of, the personal information the Promoter holds about them or may request that they not receive further promotional or marketing communications from the Promoter by contacting the Promoter at the address below.
The Promoter is Havaya 2021 Limited T/A Lulu Lane, 8 Riverstone Grove, Palmerston North, NZ.
16 GENERAL
16.1 Variation of Terms and Conditions
Lulu Lane may at any time vary these Terms and Conditions.
16.2 Governing Law
These Terms and Conditions and any dispute arising from the use of Lulu Lane shall be governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.
16.2 Enforceability
If at any time Lulu Lane does not enforce any of these conditions, Lulu Lane will not be construed as having waived that condition or its right to later enforce that or any other condition. In addition, where any provision of these Terms and Conditions is rendered void, unenforceable or otherwise ineffective by operation of law, that will not affect the enforceability or effectiveness of any other provision of these Terms and Conditions.
16.3 Assignment
The Customer may not assign any of its rights or obligations under these Terms and Conditions except with the prior written consent of Lulu Lane, which may be refused at Lulu Lane’s absolute discretion. Lulu Lane may assign any of its rights and obligations under these Terms and Conditions.