Terms of service

1. INTRODUCTION

These Terms of Service ("Terms") govern your use of the Amelia Auckland Living website and the purchase of products offered through it.

By accessing our website, submitting information, or placing an order, you confirm that you have read, understood, and agreed to be legally bound by these Terms.

If you do not agree with these Terms, you may not use the website or purchase products.

We recommend that you retain a copy of these Terms for your records.

2. ELIGIBILITY

By using this website, you confirm that:

  • You are at least 18 years old

  • You have the legal capacity to enter into binding contracts

  • You are not prohibited from entering into this agreement under applicable law

  • You have not previously been banned from using this website

  • You have not been convicted of fraud or computer-related crimes

We reserve the right to request proof of identity, age, or eligibility at any time.

We reserve the right to deny access to the website or refuse service at our sole discretion.

3. PERSONAL USE

Products sold by Amelia Auckland Living are intended strictly for personal, non-commercial use. Unauthorised resale is prohibited.

4. PRICES & IMPORT DUTIES

4.1 All prices displayed include standard shipping unless otherwise stated.

4.2 Prices do not include import duties, VAT, customs charges, or similar fees unless explicitly stated.

4.3 Products may be shipped from international suppliers, including China. The customer is solely responsible for all import-related charges.

4.4 We are not responsible for customs delays, clearance procedures, or import rejections.

4.5 If a pricing error occurs, we reserve the right to cancel the order and issue a refund, even after order confirmation.

4.6 Price changes do not affect orders that have already been confirmed.

5. ORDERS & CONTRACT FORMATION

5.1 Orders are subject to availability.

5.2 A legally binding contract is formed only upon written confirmation by email.

5.3 We reserve the right to remove products, modify content, or discontinue items at any time without prior notice.

5.4 We reserve the right to refuse or cancel any order at our sole discretion, including suspected fraud.

5.5 If payment has been made and an order is cancelled, a refund will be issued.

5.6 Partial shipments may occur when products are sourced from multiple suppliers.

6. PAYMENT & CHARGEBACKS

6.1 Payment must be made using one of the accepted payment methods displayed at checkout.

6.2 By submitting payment, you confirm that:

  • The payment method belongs to you or you are authorised to use it

  • Any promotional voucher used is valid and authorised

  • Sufficient funds are available

6.3 Payment processing is handled by third-party providers. We are not a regulated payment institution and are not liable for payment processor errors or unauthorised third-party use of payment methods.

6.4 Unauthorised chargebacks or payment reversals without first contacting us constitute a breach of these Terms.

6.5 In the event of a chargeback initiated without prior communication, we reserve the right to dispute the chargeback, provide transaction records, and recover chargeback fees, administrative costs, and related damages.

7. SHIPPING & DELIVERY

7.1 Processing time is 1–4 business days.

7.2 Estimated delivery time is 6–12 business days after the order has been successfully processed and fulfilled, with a maximum total delivery period of 4 weeks unless otherwise stated at checkout.

7.3 Delivery times are estimates and not guarantees.

7.4 Delivery may not be available to certain regions or addresses.

7.5 Risk transfers to the customer upon delivery to the shipping address provided at checkout.

7.6 If you are not available at the time of delivery, a pickup notice may be left by the carrier.

7.7 If delivery is refused, the customer is responsible for all return shipping costs, customs charges, and associated fees.

7.8 Customs duties and import taxes remain the sole responsibility of the customer.

8. ORDER CANCELLATION

8.1 Orders may be cancelled within 24 hours of placement by contacting us via email.

8.2 Once an order has been processed or shipped, cancellation is no longer possible.

8.3 Your cancellation, return, and refund rights are subject to applicable New Zealand consumer law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986. Details of our return process are set out in our Return & Refund Policy.

9. DEFECTIVE PRODUCTS

9.1 Products are standard goods and not custom-made unless explicitly stated.

9.2 Product descriptions and images on the website are provided for informational purposes only. Actual colours, materials, or details may vary slightly due to screen settings or production variations.

9.3 If you receive a defective, damaged, or incorrect item, please contact us as soon as possible and provide photographic evidence. Your rights in relation to faulty goods are protected by applicable New Zealand consumer law, including the Consumer Guarantees Act 1993.

9.4 Upon verification, we will offer a replacement or a full refund at the consumer's choice. You will not be required to return a defective product.

9.5 Returned items will be inspected before a refund is approved.

9.6 If no defect is found upon inspection, no refund will be issued.

10. RETURNS & REFUNDS

10.1 Our Return & Refund Policy forms part of these Terms.

10.2 You may request a return within 30 days of receiving your order.

10.3 Returned products must be unused, in original packaging, and in resalable condition with tags attached.

10.4 Return shipping costs are the responsibility of the customer in all cases.

10.5 Refunds are processed only after the returned item has been received and inspected.

10.6 Refund confirmation will be sent via email.

10.7 For orders claimed as not received, investigations with the shipping carrier may take up to 16 weeks before a refund or replacement is issued.

10.8 Refunds are issued using the original payment method.

11. PROMOTIONAL CODES

11.1 Only one promotional code may be used per order.

11.2 Promotional codes have no cash value.

11.3 Any remaining balance must be paid using another accepted payment method.

11.4 Discount amounts are not refunded separately upon return.

12. ACCEPTABLE USE

You may not use the website for unlawful, fraudulent, harmful, or abusive activities.

You agree that all information provided is truthful and lawful.

We reserve the right to request identity verification and to restrict or terminate access in case of violations.

13. LINKS

13.1 Third-party links are provided for informational purposes only.

13.2 We are not responsible for third-party content, policies, or practices.

13.3 You may link to our homepage only in a lawful and fair manner.

13.4 Framing, deep-linking, or unauthorised commercial linking is prohibited.

We reserve the right to revoke linking permission at any time.

14. INTELLECTUAL PROPERTY

All website content, branding, images, product descriptions, structure, and design elements are the property of Amelia Auckland Living and protected by intellectual property laws.

Unauthorised reproduction, distribution, modification, or commercial exploitation is prohibited.

15. PRIVACY

Our Privacy Policy forms part of these Terms. We use cookies and process personal data in accordance with applicable laws including the New Zealand Privacy Act 2020.

16. WEBSITE SECURITY & VIRUSES

We do not guarantee that the website will be secure or free from bugs or viruses.

You are responsible for using appropriate security software.

Any attempt to introduce malware, viruses, or harmful code is strictly prohibited.

17. LIMITATION OF LIABILITY

17.1 To the fullest extent permitted by law, Amelia Auckland Living shall not be liable for indirect or consequential damages, loss of profit, revenue, data, or business interruption.

17.2 We are not liable for third-party content, website unavailability, product attribute variations, or force majeure events.

17.3 Our total liability arising from any claim shall not exceed the greater of five (5) times the purchase price of the product or NZD $2,000.

17.4 Any claim must be brought within one (1) year of the event giving rise to the claim.

17.5 Nothing in these Terms excludes or restricts liability that cannot be excluded under applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded under applicable New Zealand consumer law.

18. INDEMNIFICATION

You agree to indemnify and hold Amelia Auckland Living harmless from any claims, damages, liabilities, costs, or expenses arising from breach of these Terms, fraud, negligence, or unauthorised use of the website.

19. FORCE MAJEURE

We are not liable for failure to perform due to events beyond our reasonable control, including natural disasters, supply chain disruptions, pandemics, government actions, or transportation delays.

20. BREACH & ENFORCEMENT

If you breach these Terms, we may:

  • Issue a warning

  • Restrict or suspend access

  • Cancel orders

  • Refuse future transactions

  • Pursue legal remedies

21. TERMINATION

You may stop using the website at any time.

We may terminate or restrict access without prior notice if necessary.

Upon termination, all provisions relating to liability, indemnification, and dispute limitations remain in effect.

22. GENERAL PROVISIONS

You may not transfer your rights under these Terms without our written consent.

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

These Terms constitute the entire agreement between you and Amelia Auckland Living.

23. GOVERNING LAW

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms shall be subject to the jurisdiction of the courts and tribunals of New Zealand, subject to any mandatory rights available to consumers under New Zealand law.

24. DISPUTE RESOLUTION

If you have a complaint or dispute, please contact us first so that we can try to resolve the matter directly.

Nothing in these Terms limits any rights or remedies available to you under applicable New Zealand law, including the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or access to the Disputes Tribunal where applicable.

25. CONTACT

📩 **Email: **info@ameliaaucklandliving.com