Terms of service
PETAL AND FLO TERMS AND CONDITION
These Terms and Conditions (“Terms”) apply to the use of the Petal and Flo website (“Website”) owned and trading as “Petal and Flo” and referred to as “Petal and Flo”, “we”, “us” and “our”.
By accessing and using this Website you acknowledge that you have read, understood, and agree to accept these Terms and our Privacy Policy. Petal and Flo reserves the right to change these Terms at any time, without notice by posting changes on the Website. Unless stated otherwise, any change will take effect immediately.
You will be bound by any such modification or revisions from the time they are made. To make a purchase from our online shop you must be 18 years of age or older. If you are purchasing on behalf of another entity such as a company, you warrant that you have the authorisation to agree to these terms and conditions on behalf of that entity.
These Terms were last updated on 31st October 2022
- All customers must refer to our sizing and flow guide prior to making an order
1.1 All customers must refer to the sizing guide prior to making an order.
1.2 We understand purchasing online for period underwear and selecting the right sizing can be difficult, and we really want you to experience the awesome benefits of our period underwear, so we have created this sizing guide to help you choose the best fit prior to making your order.
1.3 Please feel free to email us at info@petalandflo.com and our helpful and friendly team are happy to assist with any queries.
- Care Instructions
2.1 All customers must refer to the care instructions on our website to ensure they can obtain the maximum long-term use of the product.
- Availability and supply
3.1. All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
- Delivery and delivery charges
4.1. Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
4.2. We only deliver to New Zealand Street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary, we in your online shopping basket.
4.3. We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
4.4. We do not deliver internationally.
- Pricing
5.1. All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
5.2. An invoice will be emailed to you at the email address you supply when you place your order on our website or at our store. You are responsible for ensuring that your contact details are correct.
5.3. We do our best to ensure that the prices on our website are correct, however in the case of a genuine pricing error on our behalf we reserve the right to cancel the order.
- Shipping and delivery
6.1. It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
6.2. It is your responsibility to inform us if an order does not arrive. Once we learn an order has not arrived, we will follow up on this matter as soon as possible.
6.3. We will not be held liable for any loss or damage resulting from late delivery.
6.4. If an item is lost in transit, we will endeavour to dispatch a replacement as soon as possible.
6.5. Replacement items will be dispatched at our discretion. We are unable to give a guaranteed time or day of delivery.
6.6. Without limiting the operation of any other Terms and Conditions herein 6.6.1. We will not accept liability for any loss or damage arising from a late delivery
6.6.2. You agree that late delivery does not constitute a failure of our agreement and does not entitle you to cancellation of an order.
6.6.3. We will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
6.7. Orders will not be dispatched until payment in full is received.
6.8. If you need to cancel an order, please immediately email us on info@petalandflo.com within 12 hours of making your order. Petal and Flo cannot accept cancellation requests that we receive after 12 hours of making your order.
6.9. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed.
6.10. Orders that cannot be cancelled are subject to our policy for Returns and Exchanges.
6.11. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
6.12. If the Customer purchases a product by way of special order, the Customer may not cancel this order at any time.
- Defects
7.1. The Customer shall inspect the Product on receipt and shall and shall within seven (7) days of receipt notify us in writing of any alleged defect, shortage in quantity, damage or failure to comply with description of the Product and failing such notice the Product shall be conclusively deemed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Product.
- Return
8.1. Unfortunately, due to safety and hygiene reasons, we are unable to accept ‘change of mind’ returns on period underwear and feminine products.
8.2. Please refer to attached return and exchange policy.
- Warranties
9.1. This clause 7.1 shall apply where the Customer is not a consumer under the Consumer Guarantees Act (“CGA”) and the only warranty in respect of the Product shall be the current warranty provided by the manufacturer of the Product. Petal and Flo shall be under no liability whatsoever except to use reasonable endeavours to assist the Customer in obtaining performance by the manufacturer of the express conditions as detailed and stipulated in the manufacturer’s warranty.
The Customer shall read, understand and comply with all “Notices” stipulated by the manufacturer of the Product.
9.2. This clause 7.2 shall apply where the Customer is a consumer under the CGA and subject to the Customer’s rights and remedies contained in the CGA if as the result of some fault on the part of Petal and Flo the Product is defective in that:
9.2.1. it is not of acceptable quality; or
9.2.2. it is not reasonably fit for any particular communicated purpose where the Customer has reasonably relied on Petal and Flo’s skill or judgment then, the Customer must notify Petal and Flo within seven (7) days of when such defect was discovered or ought to have been discovered and, where possible return the goods to Petal and Flo when:
7.2.2.1 If appropriate, Petal and Flo will (at its sole discretion) Where the defect cannot be remedied or is of substantial character (as defined in the CGA) Petal and Flo will replace the Product, remedy the defect by way of replacement.
9.3. With the exception of the relevant statutory warranties contained in the CGA, no warranty or condition shall be implied against Petal and Flo by any other statute, at common law or otherwise.
- Seller’s liability
10.1. In the event of any breach of this contract by Petal and Flo the remedies of the Customer shall be limited to damages which shall not exceed the Price of the Product.
10.2. Petal and Flo shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Petal and Flo of this Agreement.
10.3. All warranties and conditions whether implied by statute or otherwise are excluded from this Agreement provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the gross negligence of Petal and
Flo (provided there is full proof of gross negligence on behalf of Petal and Flo) or affect the statutory rights of a Customer dealing as consumer.
10.4. The Customer hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made by any servant or agent of Petal and Flo and the Customer acknowledges that they buy the Product relying solely upon their own skill and judgement and that Petal and Flo shall not be bound by nor responsible for any term, condition or representation.
- Privacy
11.1. We understand the importance of, and are committed to protecting your privacy. 11.2. We operate in accordance with the Privacy Act 2020.
11.3. We recognise that your personal information is important to you and we take all reasonable steps to protect the privacy of the personal information that we collect, use and disclose, provide access to and store securely.
- Privacy Act
10.1 The Customer authorises Petal and Flo to:
10.1.1 collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s creditworthiness or marketing
products and services; and
10.1.2. to disclose information about the Customer, whether collected by Petal and Flo from the Customer directly or obtained by Petal and Flo from any other source to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
10.2 Where the Customer is a natural person the authorities under (clause 10.1) are authorities or consents for the purposes of the Privacy Act 1993.
10.3 The Customer shall have the right upon written request to receive from Petal and Flo a copy of the information about the Customer retained by Petal and Flo and to have Petal and Flo correct any incorrect information about the Customer held by Petal and Flo.
11 Cookies
11.1We may collect technical information whenever you access or use this Website or our social media pages. This may include information about the way you arrive at, browse through and interact with this Website or our social media pages. We may collect this type of technical information through the use of cookies, digital tracking tools and other means. Cookies are pieces of digital identification code that we transfer to your device, to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. We use the technical information we collect to have a better understanding of the way people use our website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.
12 Information & Content
12.1The content of this Website is obtained from various sources and is subject to change without notice. Petal and Flo does not guarantee the content of this Website is accurate, complete or reliable.
12.2Reasonable effort is made to ensure that the information contained on this Website is accurate and we endeavour to update information as soon as practicable when we become aware of any inaccuracies, errors or omissions. All prices stated are in New Zealand dollars unless referred to as otherwise.
13 Software & Security
13.1This Website is provided as a complimentary service ‘as is’ and ‘as available’ without any warranties, express or implied. Petal and Flo does not give any warranty that this Website will be available at all times or will be free from interruption or error.
13.2This Website is unencrypted and there are security, privacy, data and confidentiality risks inherent in accessing or using unencrypted websites.
13.3Petal and Flo is not responsible for any technical or other issues that may arise as a result of use of this Website including but not limited to any loss, disruptions or damage to your data or computer system which occurs whilst using material from this Website.
14 Links
15 This Website may contain links (including hypertext links) that lead to external third party websites. These links are provided for your convenience and do not imply any endorsement or approval of the linked website, content or operator. Petal and Flo is not responsible for any content outside this Website.
16 Limitations On Use & Sharing
16.1We own, or have right to use the material and information on this Website, including but not limited to our names, logos, designs, floorplans, content, photography and all interfaces. These materials may not be used by you without our written consent.
16.2You are welcome to share this Website from your social channels or website. However, such sharing must not be presented in any way that implies that your social channel or website has any association with this Website or Petal and Flo. If you share this Website you are responsible for all direct or indirect consequences of doing so. You indemnify us for all loss we suffer arising from or in connection with your sharing of this Website.
17 Limitation Of Liability
17.1Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
17.2Petal and Flo will not be liable for any loss or damage suffered as a result of using this Website or arising from any inaccuracies, errors, or omissions in information made available through this Website. Any reliance upon the material on this Website will be at your own risk.
17.3To the extent permitted by law, Petal and Flo, and its employees and agents, exclude any liability they may have to you arising directly or indirectly out of, or in connection with this Website, or its links to third party websites. This exclusion applies to any losses, costs or damages you may claim for (including but not limited to indirect or consequential loss) and however the liability arises, or might arise if it were not for this exclusion.
18 Jurisdiction
18.1The use of this Website is subject to the laws and regulations of New Zealand. These Terms will be governed by and construed in accordance with New Zealand law.
19 Finance
Your payments are handled through
19.1 All of our payment options have the purpose to deliver high quality payment systems with the best security and gives both customers ultimate data security as well as all other actors involved that are handling, transporting and storing your card information.
19.2 We do not store credit card details nor do we share customer details with any 3rd parties and use 3-D secure data secure system for additional security for online credit and debit card transactions.
20 Intellectual Property
20.1 Petal and Flo owns all copyright and other intellectual property in this site. Everything on this site, unless otherwise stated, is copyright.
20.2 We advise that you may not copy or display for redistribution to third parties, or for commercial purposes, any portion of this site without the express permission of Petal and Flo.
21 General Conditions
21.1If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
21.2If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
21.3Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
21.4We may deliver notices to you by sending them to an email address that you have notified to us.