Terms of Sale
This website ("site") is operated by Living Proof Ltd (referred to in these terms of sale as "we", "us or "our"). These terms of sale apply to your purchase of products via our site.
The name that will appear on your statement will be Living Proof Ltd.
This website is operated in New Zealand and all transactions will be billed in New Zealand Dollars (NZD) as shown for each product.
- When you register for an online account
- When you contact us to enquire about this site or any of our products or services
- Through your use of this site and the services and functionality offered through it
We will only use personal information about you for the following reasons:
- To create an online account for you
- To record and process your orders
- To add to our database so we may inform you of specials, promotions, offers and events via email or post. You will always have the opporunity to opt-out of marketing emails from us
- To improve the products and services we offer through this site
- To respond to your queries
- Any other reasons which we may notify at the time the information is collected
We may share your personal information:
- To our service providers (e.g. in order to store the information)
- Where the disclosure is in connection with one of the purposes for which the information was collected (e.g. to courier companies to enable deliveries)
- Where we are required or authorised by law to make disclosure
- Except as provided above, we will not share your personal information with any other third parties
Retention and Security
We will take all reasonable steps to ensure that information will not be disclosed to any unauthorised person or organisation.
Access and Correction
You are entitled to obtain from us confirmation as to whether or not we hold personal information about you and you are entitled to reasonable access to this information. You may also request:
- That we correct this information if it is inaccurate
- You can make changes to your personal information on the "My Account" page, or by contacting us using the "Contact Us" page on this site
As part of the software used by Living Proof Ltd there are secure processes built into the store. Specifically the engine ensures:
- Your private information and order information is stored in a password protected part of the website
- Every order has a unique number
- Every order is logged in a robust database
- Confirmation emails of your order are sent to you the customer
Providing the Security Our Customers Expect
- Highest strength 2048-bit signatures with 256 bit encryption
- Recognised by 99.9% of browsers and mobile devices
The Comodo SSL Certificate used on this website guarantees the highest possible encryption levels for online transactions. Each certificate is signed with NIST recommended 2048 bit signatures and provides up to 256 bit encryption of customer data.
We only email you if you want us to. We do not send unsolicited emails. When you register your email address with us, if you choose to, you go on a list to receive email announcements about products, offers and promotions from us. Every email message we send includes an email address to which you can respond. If at any time you decide you do not want to receive our emails, simply click the unsubscribe link at the bottom of the newsletter. If you unsubscribe you will continue to receive emails specifically related to your online orders.
Orders, Delivery, Refunds and Cancellations
An order made via this site ("order") is an offer to purchase one or more products. When we receive a valid order from you, we will accept this offer by confirming via email that we have received and are processing the order.
We will deliver the products set out in your order ("products") almost anywhere in New Zealand and around the world. If a delivery destination cannot be reached we will contact you as soon as possible and you will be given the opportunity to either a) change the delivery address (delivery charges may be adjusted accordingly), or b) cancel your order and request a refund.
For New Zealand delivery addresses we endeavour to deliver all products within 3-5 working days of us confirming receipt of the order, although this timeframe is an estimate only. If we are not able to supply the products or there is likely to be a significant delay in making delivery (e.g. because the product is out of stock or the delivery is to a rural/remote location*), we will notify you as soon as reasonably possible after we become aware of this, in which case you may cancel the order (or any part of it) and you will receive a refund (including the applicable delivery charges) in respect of those products which will not be delivered (if any). We will not otherwise be liable to you for any damages, costs or expenses of any kind, suffered or incurred by you due to the order not being fulfilled or the products not being delivered within the anticipated delivery time.
The anticipated delivery charges (if applicable) will be notified to you when you complete the order, although in some cases the actual delivery charges may be higher (e.g. if the products are large/heavy or delivery is to a rural/remote location). We will notify you if the actual delivery charges are higher than those anticipated, in which case you may cancel the order (or any part of it) prior to delivery and receive a refund (including the applicable delivery charges) in respect of the cancelled order.
The delivery charge is displayed upon checkout, with a few exceptions*.
* For large/heavy items, the delivery charge is POA. Please note also that deliveries to the Outer Islands of New Zealand (Chatham Island, Stewart Island, Kawau Island, Waiheke Island, Matakana Island, Great Barrier Island and d'Urville Island) will incur additional costs.
* Special offer periods may apply.
The products will comply, in all material respects, with their product descriptions appearing on this site at the time when you submit the order. If a product does not comply with its product description, you may return the product(s) and accept a refund or exchange the product(s) - for more information please see our Returns information below.
We stand by the quality of our products and we make things right if you are not satisfied with your purchase. You can return any products to receive a refund of the purchase price or exchange the products within 30 working days of receipt (for any reason), provided that the products are returned in their original condition with original or appropriate packaging and invoice. To return products please contact us and we will advise you on how best to return the goods to us.
The risk of any loss of, or damage to, the products will pass to you on delivery.
The prices for the products listed on this site are in New Zealand dollars and include GST, but not any delivery charges. We endeavour to ensure that all prices listed on this site are consistent with the prices offered at our stores. Living Proof Ltd reserves the right to amend or rectify any errors in pricing or product specification within 24 hours of being notified of it or after an order has been processed.
Intellectual Property Rights
All intellectual property on this site, including without limitation any trade marks, text, graphics and copyright, is owned by us or our content suppliers.
Right to Use Site and Content
You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site. You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of the Company's rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose of in any other way without the Company's prior written consent. If you wish to link to any part of this site, you must get the Company's prior written consent.
Please ensure that any information that you provide when creating an account with us on this site is correct, complete and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information. You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
We endeavour to ensure that any content will be current, accurate or complete when you access it. However, we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.
This site may from time to time contain content provided by third parties and links to third party sites. This is provided for your convenience only and we are not responsible for any third party content on our site or any site to which our site contains links . The inclusion of any such content or link does not imply our endorsement or approval of any linked website or any association with its owners or operators.
You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this site. We may change the content on this site at any time without prior notice. If you wish to verify any content on this site then you should contact Living Proof Ltd.
Consumer Guarantees Act
If the products are subject to the New Zealand Consumer Guarantees Act 1993 ("CGA"), you may have statutory rights and remedies which are not excluded nor limited by the above provisions unless you are acquiring the products for business purposes, in which case all of the above exclusions and limitations will apply and the CGA will not apply.
All Liability Excluded
To the extent permitted by law:
- all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation, suitability, fitness for purpose, accuracy or completeness of this site or the content on or accessed through it; and
- we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this site or the content on or accessed through it.
- If your use of this site or its content is subject to the New Zealand Consumer Guarantees Act 1993 ("CGA"), you may have rights or remedies which are not excluded nor limited by the above. If you are using this site or its content for business purposes, the above exclusions and limitations will apply and the CGA will not apply.
Jurisdiction and Governing Law
This site and its content is made available for the purposes of shopping online with Living Proof Ltd and providing information about Living Proof Ltd products.
Reproduction of the images and text on this site for any other purposes is prohibited.
All images and textual content on this website is copyright © Living Proof Ltd.