Usage of Website

These terms and conditions apply to the use of this website and to the trade of products from Optima Style, a division of Optima International Limited, (“we”, “us”, “our”) to the customer (“you”, “your”). By viewing and using this website you shall be deemed to accept these terms and conditions without any qualification whatsoever. If you do not accept these terms and conditions, you must cease using this website immediately.

We reserve the right to amend or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any amendment to or withdrawal of this website.

It is your responsibility to check the terms and conditions regularly for revisions and updates. You are bound by any such revisions and should therefore from time to time visit this page to review the current terms and conditions. If you still continue to use this website after we post changes to the terms and conditions, this will indicate your acceptance of any such changes. If you do not agree to the changes made to the terms and conditions then you must stop using this website.

Acceptance of Your Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order.

Unless you cancel your order in accordance with our Cancellation Policy below, acceptance of your order and completion of the contract between you and Optima Style will take place at the time of dispatch of the products ordered by you. The sales contract is concluded in New Zealand and the language of the contract is English.

We reserve the right not to accept your order, or part of your order, in the event that, for example:

• We are unable to obtain authorisation for payment
• The product you ordered is out of stock
• You are not eligible to order from Optima Style

If there are any problems with your order, we will contact you.

We reserve the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no liability to you in relation to the rejected part of that order.

Stock Availability

All orders are subject to acceptance and availability of products. We do our best to keep all products in stock, however, some products sell out faster than anticipated and there can be long lead times from suppliers. If for any reason a product is not available, we will endeavour to notify the non-availability on this website, displaying a “Sold Out” sign next to the product. Please be aware that even if the product is in your shopping bag it is not reserved and can be bought by another customer while you are still browsing.

If an item is sold out you can chose to be notified when the product is back in stock by clicking on 'Please click here to be notified when stock arrives' in the blue box next to the product. We will then notify you as soon as we receive the new stock, allowing you to place an order for the product, by using the online shop.

We may revise the range of products or the specifications of any product at any time and without notice to you.

Cancellation Policy

If you change your mind about an order that you have placed with us, you must contact us within 24 hours of placement of your order by emailing sales@optimastyle.com

Orders are normally processed immediately after they have been placed. In the event that we have already packaged your order and made arrangements for it to be sent to you when you cancel it, then it may be too late to stop it from being dispatched. If the order has already been dispatched, then you will be charged for the delivery charges. Once you receive the order, then you must return it to us in its original condition and packaging with tags attached, at your own cost.

Please refer to our returns policy for further information.

Product Descriptions

We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct. Please note that due to the constraints of digital reproduction the colours shown on the website may vary slightly from the product colour and from screen to screen.

Company Name and Copyright

Optima Style is a division of Optima International Limited, registered in New Zealand, under Company Number 1155568. Our registered office is 80 Mersey Street, St Albans, Christchurch, New Zealand. Our GST number is 82 612 254.

Any copyright or other intellectual property rights in the photographs, site design and graphics, brands, logos, and products shown on this website shall be and remain the absolute property of Optima International Limited or its suppliers, whichever the case may be. You are permitted access to this website for personal, non-commercial use only. You may not use, distribute, transmit, store or reproduce any part of this website for commercial use without the prior written permission from Optima International Limited.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, injury, damages, losses, costs charges, outgoing, payment or expense, including reasonable legal fees (including solicitor/client costs), arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the web site using your shopping account and/or your personal information.

Warranties and Limitation of Liability

We will pass on to you the benefit of any manufacture warranty, however, all terms, conditions and warranties (whether express or implied) whether by us or our agents or employees, statute or otherwise (other than those mandatory warranties in the Fair Trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded.

You acknowledge that if you are a consumer under the Consumer Guarantees Act 1993 but are acquiring the products for business purposes, the guarantees under the Consumer Guarantees Act 1993 do not apply.

We and any of our directors, officers or staff shall not be liable to you (whether in contract, tort or otherwise) for any loss (whether direct, indirect, consequential or economic), injury, claim, action, liability, cost, charge, expense, outgoing, payment or damage of any kind whatsoever arising out of the supply of or failure to supply products.

If, we or any director, officer or staff are found to be liable to you in any circumstance then the maximum combined amount such person shall be liable for to you is an amount equal to the lesser of:

1. The purchase price paid for the product; or
2. The cost of replacement or repair of any product; or
3. The actual loss or damage suffered.

Waiver

Any delay, failure or forbearance by a party to exercise (in whole or in part) any right, power or remedy under, or in connection with, these terms and conditions shall not operate as a waiver of such right, power or remedy. The waiver of any breach of any provision of these terms and conditions shall not be effective unless that waiver is in writing and is signed by the party against whom that wavier is claimed. A waiver of any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.

Variation

These terms and conditions may only be varied by agreement in writing between you and us.

Severability

If any condition or any part of a condition is at any time found to be invalid or otherwise rendered unenforceable, such condition or part of a condition will be enforced to the maximum extent permissible but shall be severable from these terms and conditions so that the validity and enforceability of the remaining terms and conditions are not affected.

Governing Law

The terms and conditions together with all our policies and procedures will be governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the laws and the courts of New Zealand.

SHIPPING

General Delivery Information

We will endeavour to dispatch your order within 3 business days. In the unlikely event that we are unable to dispatch your order within this time, then we will contact you and advise you of the expected dispatch date.

We do not deliver to Post Office Box or Private Bag addresses. To ensure a safe and prompt delivery, we recommend that you use your work address for delivery if you are not going to be home during normal working hours.

You may specify delivery instructions for your order, for example, you may authorise the courier to leave the products by the back door, if you will not be at the delivery address at the time of delivery. We shall not be liable for any order that is delivered in accordance with your delivery instructions.

We will endeavour to meet delivery times wherever possible, however, we shall not be liable for any loss, expense or other damage (whether direct or indirect) caused by a delay in delivery.

Each order can only be sent to one delivery address. If you wish to buy products for two different recipients then you will be required to place separate orders for each delivery address you wish to ship to.

Delivery Charges

Delivery charges are calculated based on weight, size and the destination of your package. The delivery charges are added to the total value of the product at the time of checkout and are determined by the products ordered, the delivery method and destination selected during ordering. Delivery charges include without limitation postage, insurance, packaging and handling costs.

Insurance

Orders are covered in transit by Optima Style however they are subject to the terms and conditions of the carrier used and to all applicable international and local conventions and legislations, unless the New Zealand Post International Air Service is used (please see further information under Ownership below).

New Zealand Delivery

Deliveries are made from Monday to Friday by courier throughout New Zealand. Once your order has been dispatched it is expected that it will be delivered overnight for South Island addresses or within 2-3 days for North Island addresses. Please allow up to 3 additional days for delivery to rural addresses.

International Delivery

We welcome international orders and can arrange delivery to most destinations worldwide. All products are carefully packed for safe international delivery. Once your order has been dispatched the delivery usually takes between 4 to 10 days.

We deliver international orders via:

• New Zealand Post International Express Service, delivery time approximately 4 days
  A track and trace service is provided using this service
• New Zealand Post International Air Service, delivery time approximately 4-10 days
  A track and trace service is not provided using this service

Customs Duty and Sales Tax

New Zealand law requires all international packages to have attached customs documentation, which describes the products being sent and their value.

Overseas orders may attract customs clearance costs, import duties and local sales taxes or any other applicable charges that must be paid upon receipt of the shipment, when it reaches the country of destination. These charges are not included in the purchase price or delivery charges and must be borne by the recipient of the package. We have no control over these and cannot predict what they may be. Customs policies vary widely from country to country. Some countries only charge import duties and local sales taxes if the package has a value over a certain amount. We recommend that you contact your local customs office for further information.

Optima Style will not be responsible for payment of any customs clearance costs, import duties or local sales taxes or any other applicable charges, under any circumstances.

Split Orders

In the event that some products go out of stock after you have placed your order, then we may split your order. In this case, we will only charge you one delivery charge and, subject to availability, we will send the subsequent package free of delivery charges.

Ownership

We retain ownership of and title in the products we supply to you until we have received the full price for the products and all other moneys payable in relation to the products in full and without deduction.

Notwithstanding ownership and title, once the package is delivered to you by courier in New Zealand, that is your signature for delivery is obtained or the products are left in accordance with your delivery instructions, you assume full responsibility for and risk of the products.

Once the package is delivered to you overseas by New Zealand Post International Express Service, that is your signature for delivery is obtained or the products are left in accordance with your delivery instructions, you assume full responsibility for and risk of the products.

Once the package is sent to you overseas by New Zealand Post International Air Service, then you assume full responsibility for and risk of the products when the parcel leaves Optima Style.

PAYMENT

Prices

The price payable by you for products ordered by you shall be the price quoted on this website at the time your order is submitted, together with the applicable delivery charges (which are payable in addition to the price of the products) and any other moneys payable pursuant to these terms and conditions. All prices include New Zealand Goods and Services Tax (GST), where applicable. We reserve the right to vary any prices on this website at any time and without notice to you.

Currency Exchange Rates

Our product range is priced in New Zealand Dollars which is the base currency used for international currency conversion for this website. The currency conversion rates are taken daily and the prices shown by the ‘currency converter’ therefore provide a guide only.

Customers have the option to pay in either New Zealand Dollars, Australian Dollars, Euro, Great British Pounds or US Dollars at the checkout. Your payment may be converted to your local currency at a rate set by your credit card company.

Please be aware that fluctuations in exchange rates and possible associated charges are outside the control of Optima Style. If uncertain, customers are asked to check with their Credit Card issuer for clarification.

Payment Methods

Optima Style accepts the following payment methods:

• Credit Cards - Visa and Mastercard

  All payments made by credit card are processed through the Direct Payment Solutions (DPS) payment system, on behalf of the Bank of New Zealand. All credit card holders are subject to validation checks and authorisation by the card issuer when you place your order. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. Credit card payments will be debited and cleared from your account upon receipt of your order by Optima Style. You confirm that the credit card that is being used is yours. We do not store your credit card details.

  Please note that we may contact you for proof of identity in the case of large orders.

   

  For orders placed by fax or by post we also accept the following payment methods:

• Direct Credit

  For payment made by direct credit, please pay for your order directly into Optima International Limited’s bank account.

  Bank: Bank of New Zealand, Christchurch Branch, New Zealand
  Account Name: Optima International Limited
  Account Number: 02 0800 0257138 00

  Please use your full name and order number as a reference and email us at sales@optimastyle.com once payment has been made.

  Please note that orders paid by direct credit will not be processed until payment for the products ordered and the applicable delivery charges and any other moneys payable have been received in full. Orders for which payment has not been received within 3 working days will be cancelled.

  Please note that we may contact you for proof of identity in the case of large orders.

• Cheques

  For payment made by cheque, we accept cheques drawn on any New Zealand bank crossed and made payable to Optima International Limited.

  Please note that orders paid by cheque are not processed until the funds for the products ordered and the applicable delivery charges and any other moneys payable have cleared.

  Please include your cheque with your order form. Orders for which payment has not been received within 14 days will be cancelled.

  Please note that we may contact you for proof of identity in the case of large orders.