littleandlovely.co.nz

Terms and Conditions

Little and Lovely

Terms & Conditions

  1. 1. Terms of Contract

    2. 1.1. These are our standard Terms of Engagement.  These apply to all services we provide unless varied by written agreement.  Please ask us if you have any questions about them.  Please print out a copy of these Terms and Conditions for your records.

    4. 1.2. We do not diagnose, treat, examine or provide medical advice and you must always seek the advice of your medical practitioner regarding the health of your child.   

  3. 2. Your Responsibilities

    2. 2.1. You must:

      1. (a) at all times follow safe sleep practices in line with SIDS recommendations;

      2. (b) cooperate with us in all matters relating to the Services;

      3. (c) give us clear instructions and provide us with accurate and complete information;

      4. (d) make sure that we understand each other and ask questions if you are not sure about something;

      5. (e) inform us if you have changed your address or contact numbers;

      6. (f) disclose any medical condition that you child has to us;

      7. (g) not disclose any of the information you receive from us to a third party without our prior written permission.

    4. 2.2. You agree to indemnify us, on demand, against any costs, claims, demands, actions and liabilities incurred by us arising out of any failure to comply with your obligations under clause 2.1.

  5. 3. Variation and Cancellation

  7. 3.1. Any variation to the Services must be agreed by you and us in writing.  Either side has the right to refuse to vary the Services.

    1. 3.2. If you cancel all or any part of the Services:

      1. (a) 48 hours or less prior to the booked consultation time you will be refunded 50 of the fee paid;

      2. (b) 48 hours or more prior to your booked consultation time you will be refunded 100% of the fee paid.

    2. 3.3. We may cancel or suspend all or any part of the Services without liability to you if the supply of Services becomes impracticable or uneconomic due to any cause beyond our control.

  9. 4. Charges

    2. 4.1. Our charges for the Services are set out in the Quotation.

    3. 4.2. Despite clause 4.1 above, we may vary our quoted charges:

      1. (a) in the circumstances (if any) set out in the Quotation;

      2. (b) if we supply the Services outside our normal business hours;

      3. (c) if we agree to any variation to the Services.

    4. 4.3. We may withdraw a Quotation before it is accepted and, in any event, a Quotation will lapse, without notice, thirty (30) days after it is given.

These Terms and Conditions ("Terms") govern your use of this website. By accessing or using the site, you agree to be bound by these Terms.

  1. 5. Payment

  3. 5.1. The basis of invoicing is set out in the Quotation.

    1. 5.2. If full payment is not made by the due date, then without prejudice to any other rights or remedies available to us:

      1. (a) we may cancel or suspend all or any part of the Services;

      2. (b) we may charge interest on overdue monies on a daily basis at 5% per annum above the current overdraft rate charged by our bankers at that time until the date of payment in full; and

      3. (c) you will be responsible for all costs, including legal costs, incurred by us recovering such monies.

  5. 6. Warranty and Liability

  7. 6.1. Subject to clause 6.5 below, our liability under the Quotation and these Terms excludes and replaces all other warranties, conditions or obligations imposed or implied by common or statute law, usage or otherwise.

    1. 6.2. We are not liable for any indirect or consequential loss or damage which you suffer.

    2. 6.3. Our total liability in respect of all claims which you may have against us for the supply of the Services shall not exceed $100.00 or, if less, such amount as equals our charges for the Services.

    3. 6.4. If you have a claim against us for which we may be liable under these Terms, you must write to us, giving full details of the claim, within two months of the date on which the claim arises. If you write to us within that time, we will investigate your claim. If you do not, we will not be liable in respect of that claim.

    4. 6.5. If the Consumer Guarantees Act 1993 applies, these Terms shall be read subject to your rights under that Act. Where you are acquiring the Services for the purposes of a business (as provided in sections 2 and 43 of that Act), that Act shall not apply.

  9. 7. Force Majeure

  11. 7.1. We are not liable for delay in performing or failure to perform our obligations under the Quotation or these Terms if that delay or failure results from anything beyond our reasonable control. Any such delay or failure will not be a breach of the Quotation or these Terms and the time for performance of our obligations will be extended by a period equal to that during which performance is prevented.

  13. 8. Privacy Act 1993

  15. 8.1. We may use any personal information that you give to us for credit, administration, service and marketing purposes. If you do not give this information, we may not be able to provide the Services.

    1. 8.2. You authorise any person or company to give us such information as we may require in response to our credit and other enquiries.

    2. 8.3. You have a right of access to, and may request correction of, your personal information.

  17. 9. General Terms

  19. 9.1. Amendments: We may amend these Terms from time to time by notice to you in writing.

    1. 9.2. Waiver: No delay or failure by us to exercise our rights under these Terms operates as a waiver of those rights. A partial exercise of those rights does not prevent their further exercise in the future.

    2. 9.3. Severability: If a court decides that part of these Terms is unenforceable, the part concerned shall be deleted from the rest of these Terms, which will then continue in force.

    3. 9.4. Law: These Terms will be interpreted in accordance with and governed by the laws of New Zealand, and the New Zealand courts will have non-exclusive jurisdiction in respect of all matters between us.

    5. 10. Defined Terms and Interpretation

    6. 10.1. In these Terms, the following words have the following special meanings:

    “Quotation” means a quotation for the supply of the Services on the terms set out on the quotation and these Terms;

    “Services” means all services supplied by us to you at any time and, except where the context otherwise requires, includes the Goods;

  20. “

    Terms” means these terms of trade (as amended from time to time);

    “we”, “our”, “us” means Little and Lovely and any of its related companies (as defined in the Companies Act 1993) from time to time; and

    “you” means the customer named in the Quotation.

    1. 10.2. For convenience, these Terms have been grouped under different headings, but these headings do not affect the meanings of these Terms