- Using our Website
- By using the website operated by Bliksem Limited trading as Lumojo ("we" or "us"), the customer ("you") agree that:
- We are providing you with an online shopping service through which you may purchase products from us ("Products") subject to the following website terms and conditions, and our standard terms and conditions (together, the "Terms and Conditions").
- We reserve the right to change any of our Terms and Conditions on notice, and will post such notice on our website advising of such change.
- By using our website or purchasing a Product from us, you are legally bound by the version of these Terms and Conditions current at the time of your visit or purchase.
- If you do not wish to be bound by these Terms and Conditions then you may not use our website or purchase Products through our website.
- The information on this website is for general information only and is subject to change at any time. You must not rely on it as being complete, accurate, or up-to-date. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including (without limitation) warranties as to the accuracy, completeness or fitness for any particular purpose, of the website's contents. We will not be liable for any damages, losses (including, without limitation loss of profits, business or data), costs or expenses of any kind, which arise out of, or result from, any use of, or inability to use, this website or any other website which is linked to this website.
- Links to other sites are provided for convenience only and do not represent any endorsement by us of the information or services offered by the site owner. Use of any information provided on any linked website is at your sole risk.
- The copyright in this website is owned by us. You may electronically reproduce and store the website’s contents solely for the purposes of viewing the website, or saving its content. However, if you want to display or distribute the content or any of the pages of the website in public or in such a way that they will be accessible to the public (including reproduction in any form on the internet), you must first obtain our express permission and such use will be subject to any further terms or conditions we impose.
- We will try to make our website available at all times but cannot guarantee that it will operate continuously without interruption, or be error free. We cannot accept liability for its unavailability.
- We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated any new features including the sale of new Products shall be subject to these Terms and Conditions.
- You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router, or any other internet connected device.
- You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Standard Terms and Conditions
Applicability of terms
- By submitting any order with us, you are deemed to have accepted these Standard Terms and Conditions.
Buying Products on our Website
- We aim to ensure that our Products are described as accurately as possible on our website, however we do not warrant that the description as provided on our website is accurate. Where we become aware of any incorrect description, we reserve the right to correct any error or omission.
- Product images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, nor that any given image will reflect or portray the full design or options relating to that Product.
- The description of the Products on our delivery slip or receipt shall prevail over the description on our website or on any other publication.
Placing an Order
- The way to order Products with us via our website is by using the electronic order form ("Order Form"). Please follow the prompts on our website to place your order.
- To order a Product, you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our website.
- We reserve the right, in our sole discretion, not to accept an order or to cancel an order for Products placed by you. Supply of the Products constitutes acceptance by us of your order. If your order is accepted, you will receive an initial confirmatory e-mail acknowledging receipt of your order. We will confirm acceptance to you by e-mail ("Confirmation") to the e-mail address you have given us on ordering or by delivery of the Products ordered. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 14 working days.
- We shall use every reasonable endeavour to satisfy your order in accordance with the details on the Order Form completed by you. If this is not possible, we reserve the right to supply a quantity as near as possible to that requested by you on the Order Form.
- If you are under 18 years of age, you may use our website and purchase Products only with the supervision of a parent, guardian or other adult person. If you are under 18 years of age, and are found to be using the website in breach of these Terms and Conditions, we reserve the right, in our sole discretion, among other things, to refuse to accept an order or cancel an order for Products placed by you or terminate your account.
- You must pay by credit or debit card at the time of order.
- The price of any Product is the price in force at the date and time of your order. Price lists, Products and Product availability are subject to change without notice. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price.
- The prices advertised in the price lists, or in any other documents on the website, apply only to orders placed via the Order Form.
- Any special prices, discounts, deals or other changes in price shall apply to the relevant Products only for as long as the Products remain available for sale or for the duration of the promotion and we reserve the right to limit sales of any Products.
- You undertake that all details you provide to us for the purpose of purchasing Products which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any ordered Products. We reserve the right to obtain validation of your credit or debit card details before accepting your order.
- Once you have submitted an order, you may not cancel that order, even if our acceptance or rejection of your offer is still pending.
- All documents issued by us and posted on our website, including price lists, are in New Zealand currency unless otherwise expressly stated.
Delivery & Freight
- The Order Form requires you to indicate either your address for delivery of the Products to which the Products are to be delivered and held for collection by you.
- If you are not available to accept delivery of any Products, any additional freight costs will be charged to your account.
- We will use all reasonable efforts to deliver Products for accepted orders to the address specified on the delivery slip, on or before any estimated date, but we do not represent or warrant that we will do so. We do not accept liability, whether for direct, indirect or consequential loss or damage, arising due to any delay in delivery of the Products or any failure to deliver the Products ordered by you for whatever reason.
- It is your responsibility to check the quantity, quality and description of the Products delivered against the details on the delivery slip. If there is any difference in quantity, quality or description of the Products delivered, you must notify us at firstname.lastname@example.org within 48 hours from the time of delivery or collection by you (whichever is the later). If notice is not given within 48 hours, the Products actually delivered shall be deemed to be in accordance with the delivery slip and you shall not be entitled to make any claim or take any action in relation to any alleged deficiency or irregularity in the Products after that time.
- If you are purchasing Products for delivery outside of New Zealand you will be responsible for any customs, import and export charges; and must at your own risk obtain any import and export licences and other official authorisation or documents, obtain all customs formalities necessary for the import or export of the Products and comply with all local laws and regulations.
Risk and Title
- Ownership of the Products shall remain with us and we reserve the right to dispose of the Products until such time as payment in full is made for all amounts owing by you to us. The risk in the Products purchased will, unless otherwise agreed by us in writing, pass to you upon delivery to a carrier commissioned by us to deliver the Products.
- This clause 7 is subject to any rights that you may have at law, including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
- Unless otherwise agreed by us, all Products are sold on a no return for credit basis, unless:
- the Products are received in a damaged state; or
- subject to the requirements of clause 4, the Products are supplied in the incorrect quantity; or
- incorrect Products are supplied to you; or
- the Products are faulty.
- Our Products include ceramic pots which are unique, and as such, slight variations in texture, shape, glaze, and quality may exist between the ceramic pots. Any such variation will not be considered to be a defect in the Product and will not entitle you to a replacement Product or refund for the price paid.
- Subject to this clause, if the Product delivered is not what you ordered (including any replacement Products), or does not correspond with its description or the Product delivered is not of a satisfactory quality, we will, at our option, deliver to you a replacement Product or refund to you the price paid.
- Claims for credit must be made within seven 48 hours of receipt or collection of the Products by you by emailing email@example.com. A copy of the delivery slip from which the Products were supplied must be presented, failing which any such claims are deemed to be waived.
- In the event that we agree to the return of the Products for credit, you will be notified of the appropriate procedure to be complied with to return the Products.
- If you are entitled to a refund from us, we will pay as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to us at your risk. While in your possession, you must keep any Products you intend to return to us in good condition.
- This clause 8 is subject to any rights that you may have at law, including under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
- We promise that for any Product you purchase from our website:
- we have the right to sell the Product;
- the Product will correspond with the description we have given to you; and
- the Product will be of satisfactory quality.
- Other than expressly provided for in these Terms and Conditions, to the maximum extent permitted by law we exclude all other express or implied terms, conditions, warranties, representations, endorsements or obligations whatsoever imposed or implied by law, whether under common law, equity or otherwise, with regard to the Products, our website or any information or service provided through our website.
- In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable.
- If we are liable to you for any reason, our liability will be limited in accordance with the liability limitations listed below.
- Our liability for any defect (including in relation to the packaging of any Product) is limited to:- (a) Replacement of the Products or supply of equivalent Products; (b) Repair of the Products; (c) Payment to you of the cost of replacing the Products or of acquiring equivalent Products. We will choose one of these remedies in our absolute discretion.
Acquiring products for the purposes of a business
- If you are acquiring the Products for the purposes of a business:
- the parties acknowledge and agree that:
- you are acquiring the goods for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993;
- the goods are both supplied and acquired in trade for the purposes of the Fair Trading Act 1986 and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations) and 13 (False and misleading representations); and
- you agree that all warranties, conditions and other terms implied by the Consumer Guarantees Act 1993 or sections 9, 12A and 13 of the Fair Trading Act 1986 or any other statute or common law are excluded from these Terms and Conditions to the fullest extent permitted by law. The parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this provision.
- Personal Information
- Copyright, Trademarks and Intellectual Property
- Bliksem Limited owns all copyright and all other intellectual property rights in this site, its products, and its trade marks. Everything on this site is copyrighted unless otherwise noted.
- You are welcome to use this site for your non-commercial personal use, provided that you do not remove or change the content, any copyright, trade mark or other proprietary notices contained in the content. You must not:
- use, copy or display for redistribution to third parties or for commercial purposes, any portion of this site without our express written permission
- access and use the information on our site for or in conjunction with any data mining or other extraction tools
- metatag or mirror our website without our express written permission beforehand
- supply, apply for, or use any of our trade marks, domain names, or business names without our express written permission beforehand.
- Except as stated above, you are not permitted to copy, reproduce, republish, distribute, or display any of the information on this site without our prior written permission.
- Intellectual property rights means any and all rights and interests in any intellectual property or like rights in or relating to the goods and Bliksem Limited as may exist anywhere in the world. These rights include (without limitation) trademarks (registered and unregistered), copyright, know how, design rights, business names, domain names, and the like. For the avoidance of doubt, our copyright includes (without limitation) applets, graphics, images, layouts, and text belonging to us or to which we have a licence.
- We reserve all of our rights, including the right to serve you with notice if we become aware of an infringement of our intellectual property rights. This includes (without limitation) any metatags or mirroring of our website.
- Lumojo is a trademark owned by Bliksem Limited, a company incorporated under the laws of New Zealand. All rights in and to Lumojo are reserved, including the right to own, use and apply the Lumojo trademark.
- Your comments, feedback, ideas or suggestions are welcome ("Comments"). Any Comments provided to us through this website become our property. You agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any person who has transmitted your Comments. You warrant that you are entitled to make your Comments, and in doing so, do not infringe the intellectual property rights of any other person.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- We may assign, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
- If you fail to comply with any of these Terms and Conditions, we are entitled to cancel any orders already made and to recover from you the Products as well as any losses, damages, costs, interest, fees, charges (including handling charges payable to us) and expenses incurred by us as a result of your default and the subsequent cancellation of such order by us.
- These Terms and Conditions together with any Order Form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, Order Form and payment method instructions.
- If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
- We shall use our best endeavours to quickly and effectively resolve any dispute arising in relation to your visit to www.lumojo.com (or any other affiliated website), any Products purchased via www.lumojo.com or these Terms and Conditions.
- These Terms and Conditions are governed by and interpreted in accordance with the laws of New Zealand and in the event of a failure to resolve any such dispute, the dispute shall be governed by and dealt with under the laws of New Zealand and you and us submit to the non-exclusive jurisdiction of the courts and tribunals of New Zealand. You irrevocably waive any objections to New Zealand as the forum for proceedings on the grounds of forum non-convenience or any similar grounds.
- The provisions of the Sale of Goods (United Nations Convention) Act 1994 and the United Nations Convention on Contracts for International Sale of Goods shall not apply to these Terms and Conditions, the supply of Products or the relationship between us.
- Neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
- Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy, unless otherwise specified in these Terms and Conditions.
- All notices shall be given:
- to us via e-mail at firstname.lastname@example.org or
- to you at either the e-mail or postal address you provide during any ordering process. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.