Terms & Conditions

Shopping Terms & Conditions

The following Terms and Conditions govern the use of Tussie Mussie Online Service (the Service) including shopping and participation in promotions run by Tussie Mussie through its web site http://www.tussiemussie.co.nz (the Site) and other channels including but not limited to specific purpose web sites, showroom sales, telephone, mail and fax order. You can access this Agreement at any time from any page of the Site.

Using this website to place an order indicates your acceptance of these Terms and Conditions.

In order to purchase products from the Site you will be asked to provide some personal details (e.g. Name, Shipping Address, Phone number, email address). Please refer to our Privacy policy to review our policy on these matters.

Product Information

We make every effort to ensure all information on this site is accurate and up to date. However, in the event a product is listed at an incorrect price, or with incorrect information, Tussie Mussie shall have the right to refuse or cancel any order placed for product listed at the incorrect price. Tussie Mussie shall have the right to refuse or cancel any such order whether or not any such order has been confirmed and your credit card charged. If your credit card has already been charged for such purchase and your order is cancelled, Tussie Mussie shall refund the amount of the charge.

Pricing

All prices in the shopping areas are in New Zealand dollars (NZ$) and include GST. Subject to the previous clause, all prices are correct at time of publication and the prices published on the Site at the time and date of the purchase will be the final price paid. The time and date of purchase is the time and date we confirm your order by sending goods to you. However, we reserve the right to alter prices for any reason.

Risk of Loss

In the case of all items purchased from Tussie Mussie, the risk of loss and title for such items passes to you upon our delivery to the carrier. Tussie Mussie is deemed to have fulfilled its obligations to deliver the goods when they are handed to the carrier.

Delivery

Tussie Mussie shall arrange an agent to deliver the goods to the address stated on the order or as agreed by Tussie Mussie in writing. Tussie Mussie shall deliver the goods by such carrier and such form of transport Tussie Mussie consider to be appropriate or as selected by the customer during the sales process. Tussie Mussie will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Tussie Mussie control. Tussie Mussie shall not be in any way responsible for any losses, damages, costs or other consequences (direct or indirect) arising from such delay or non-delivery.

Guarantees

If you are acquiring goods from us for on-sale, or otherwise for business purposes, the Consumer Guarantees Act 1993 does not apply. Nothing in these terms and conditions is intended to be inconsistent with consumers’ rights under the Consumer Guarantees Act and in the event of any inconsistency the Act overrides the relevant part of these terms and conditions. In any case, where the Consumer Guarantees Act does apply, if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Tussie Mussie will repair or replace those goods. The Customer acknowledges that Tussie Mussie does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Tussie Mussie in writing;

If the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Tussie Mussie prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Tussie Mussie requires, and the Customer agrees to indemnify Tussie Mussie against any loss, liability or cost incurred by Tussie Mussie under the Consumer Guarantees Act 1993 or otherwise as a result of any breach by the Customer of these obligations.

Return of Goods

Tussie Mussie will replace any defective goods at no cost to the purchaser. Please contact Tussie Mussie for detailed instructions should you require assistance. Tussie Mussie will not accept the return of non-defective goods (such as where the Customer has ordered the wrong size or colour) for credit or any other purpose unless Tussie Mussie agrees to accept the return of the goods and advises the Customer a return advice number prior to the return of goods. Return of goods will only be accepted for credit or exchange within 14 days of delivery, unless due to Tussie Mussie error. Return freight will be at Tussie Mussie cost only when there has been an error on Tussie Mussie part.

No returned goods shall be accepted by Tussie Mussie (even if Tussie Mussie agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to above. Where goods are returned to Tussie Mussie but not accepted as above, they shall be returned to you at your expense.

Receipt by Tussie Mussie or by any of our agents or representatives of any goods returned other than in accordance with the above two paragraphs shall not constitute nor be deemed to constitute Tussie Mussie acceptance of the return of the goods for credit or any other purpose.

Links

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Tussie Mussie is not responsible for the operation of or the content on any such site.

Contact Details

If you have any queries regarding shopping with Tussie Mussie, please email or call us - details on the Contact Us page.

Use of the Service by You

Your right to use the Service is personal to you. You may not authorise others to use the Service, and you are responsible for all of your own use of the Service.

You may not download, modify, transmit, or otherwise use any material from the Service for public or commercial purposes.

The Service’s content, information and advice is offered free of charge (unless otherwise stipulated). However, you are responsible for your own network and connection charges.

Children

Tussie Mussie will over time provide content and information, which children may find interesting and may wish to access. However, no one under the age of 13 years is allowed to provide any personal information. Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on the Service.

Ownership of Site

This Site is owned and operated by Tussie Mussie, doing business as tussiemussie.co.nz. All of the content included on this Site, including, but not limited to, text, graphics, logos, icons, images, and software is the property of Tussie Mussie or its suppliers and protected by New Zealand and international copyright laws. You are welcome to access and use this site and to view and print one copy of any material on it for your personal, non-commercial use and without removing any of our trademarks or copyright notices. No other copying is permitted without our consent in writing.

Disclaimer

This Service provides general information about Tussie Mussie and the products and services they offer. The information contained in the Service has been prepared solely for the purpose of providing information about Tussie Mussie, its suppliers, subsidiaries and the services and products they offer. Tussie Mussie reserves the right to change delete or move any of the material on the Service at any time without notice.

To the fullest extent permitted by law, Tussie Mussie and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the Service. This includes viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action.

Except as specifically stated in these terms and conditions, or elsewhere on this Site, or as otherwise required by applicable law, neither Tussie Mussie nor its directors, employees, licenses, content providers, or other representatives will be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, or inability to use, or the performance of this Site or the content thereof, whether or not we have been advised of the possibility of such damages.

Governing Law and Venue

This agreement shall be interpreted, construed and governed by the laws of New Zealand. Any and all disputes arising under this agreement or in any way related to this Site shall be dealt with by the Courts of New Zealand and each party agrees to not contest the jurisdiction of these courts.

No action of Tussie Mussie other than an expressed written waiver or amendment may be construed as a waiver or amendment of any of these terms and conditions. Should any clause of these terms and conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to make changes to our Site and these Terms and Conditions at any time and such changes will take affect from the time they are published on this site. These conditions set out the entire agreement between Tussie Mussie and you relating to your use of this Site.