Terms and Conditions of Sale

In these Terms and Conditions of Sale ("Conditions of Sale"), “Lovimos” "we" or "us" meaning the business  and "you" means the person, organization or entity that purchased the products or related services from us.

Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products to you. These Conditions of Sale apply to all sales made by us to consumers.

We will receive payment from you for the above products on behalf of the manufacturer and your tax invoice for these products will come directly from them. By ordering these items through Lovimos you consent to us disclosing your name, delivery & contact information to the manufacturers for delivery of products. Delivery for most of these products will be by the relevant manufacturers.

1. Orders

1.1 You may place an order with us by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. You must not order products or from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.

1.2 Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process.

1.3. We only accept your order once your payment has passed our internal validation procedures. Once your order has been accepted and your payment has been validated, we will process your order and let you have an “order reference number” via a confirmation email. Please keep your order reference number safely.

1.4 Once your payment has been validated and we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products.  No changes to these Conditions of Sale will be effective unless we both agree to the changes in writing. If you wish to cancel your order we ask that you advise us at least ten (10) business day before your planned delivery date and you will receive a full refund subject to these Conditions of Sale.

2. Availability

2.1 We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales or Customer Service Team is accurate in accordance with our current stock levels with each manufacturer, however, these stock levels are subject to availability and can change without notice.

2.2 If for any reason, we cannot supply a product you have ordered, we will contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

3. Price and Payment

3.1 The price payable for a product and any applicable delivery fees is set out on our website (as updated from time to time) or advised by us at the time you receive your order reference number . All prices are inclusive of GST but exclude any other duties, taxes or charges unless otherwise noted. Subject to clause 6.6, we make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.

3.2 We accept payment through payment methods accepted by shopify  

3.3 Your credit card details will be encrypted to minimize the possibility of unauthorized access or disclosure. We will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorized manner by a third party.

3.4 We reserve the right, at our discretion, to use strong customer authentication techniques to authenticate any online card transaction.

3.5 If you would like to redeem a gift voucher for payment or partial payment of your ordered products, you must enter the gift voucher details during the checkout process. Products purchased with a gift voucher cannot be returned in exchange for cash. Use of a gift voucher is subject to our Gift Voucher Terms and Conditions.

3.6 If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the "Apply" button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our Customer Service Team.

3.7 Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.

4. Delivery

4.1 If you are not eligible for free delivery, a delivery fee may apply, but you'll know about it before you buy. 

4.2 If you need to change the delivery address, please contact our Customer Service Team at least 48 hours before the scheduled delivery date. 

4.3 We will deliver to the delivery address specified by you at checkout.

5. Title and Risk

5.1 Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment for all monies owing to us pursuant to these Conditions of Sale has been paid in full to us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. If you sell or use the products before payment in full has been received, you agree to hold all proceeds of any sale or dealing in the products on trust for us.

5.2 Notwithstanding clause 5.1, risk of loss, damage or deterioration to any products will pass to you on delivery. If the products are damaged or destroyed prior to the title in them passing to you, we are entitled, without affecting any of our other rights and remedies under any agreement, to any insurance proceeds payable for the products. 

5.3 You acknowledge and agree that clause 5.1 creates a purchase money security interest in the products (and all future products supplied to you by us) in favour of Winning which we are entitled to register as such on the Personal Property Securities Register (“PPSR”) under the Personal Properties Securities Act 1999 (New Zealand) ("PPSA"). You agree to waive the rights listed in section 107(2) of the PPSA and your right to be provided with verification statements under section 148 of the PPSA. You further agree that sections 114(1)(a), 122, 133 and 134 of the PPSA will not apply. You acknowledge that we may exercise our rights under sections 108, 109, 111(1) and 120(1) of the PPSA whether or not we have priority over all secured parties and acknowledge that we may charge you with compliance with a demand under section 162 of the PPSA. 

5.4 You undertake to sign any further documents and/or provide any further information (which information you warrant is complete, accurate and current) which we may reasonably require to enable registration of a financing statement or financing charge on the PPSR or to ensure that the security interest is otherwise enforceable, perfected and effective. 

6. Warranties and Limitation of Liabilities

6.1 Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Consumer Guarantees Act 1993 (New Zealand) (“CGA”) and the Fair Trading Act 1986 (New Zealand) (“FTA”) (or any liability under the CGA or FTA) which by law may not be limited or excluded. 

6.2 If you are acquiring the products from us in trade (as that term is defined in the CGA), both parties to these Conditions of Sale agree pursuant to section 43 of the CGA that the provisions and guarantees of the CGA shall not apply. 

6.3 Subject to this clause 6, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;

(b) we will not be liable for any normal wear and tear, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable guarantee under the CGA), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

(c) our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.

6.4 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

6.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

7. Computer hardware and software - special conditions

7.1 All software provided with our products or sold separately to you is subject to the terms and conditions of the licence agreement relating to that software. You acknowledge your obligation to comply with the terms of such licence agreements.

7.2 All rights, title or interest in respect of the intellectual property rights in the software remain with us or the licensor of the software.

8. Returns and Exchanges

8.1 if your product is eligible for return, please contact our Customer Service team info@lovimos.com to arrange for return, certain products may not be able to be returned if they are out of box, this includes, without limitation, worn or with no tag. 

8.2 You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to us. All original items including original accessories, manuals, and packaging (unless taken away on delivery) must also be returned. 

9. Repair of Products

9.1 If you return a product to us for repair (or replacement) and the product is capable of retaining user generated data, the repair (or replacement) of the product may result in the loss of the data. User generated data include files on a computer hard drive, telephone numbers stored on a mobile telephone, songs stored on a media player or games saved on a games console. We will not be responsible for any data you may leave on the product and we require you to back up your data before returning a product to us for repair.

9.2 To the extent permitted by law, goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

10. Force Majeure

10.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days' written notice.

11. General

11.1 These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.

11.2 We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or any third parties have any authority to change these Conditions of Sale.

11.3 We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.

11.4 You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.

11.5 Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

11.6 If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.

11.7 Please refer to our Privacy Policy to see how we collect, use and protect your personal information. By placing an order and accepting these Conditions of Sale you agree to be bound by our Privacy Policy (as updated from time to time). 

11.8 Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.

Contact us

If you need to contact us for any reason, please do so using the contact details below:

Customer Service Team

info@lovimos.com