Head Agreement

Welcome to the Millen and we thank you for visiting our website.

1. MILLEN HOMEWARE LIMITED (“Millen”, also referred to as "our", "us", "we"): We are the owner and publisher of the content contained in this website (the whole or any part of the web pages located at this URL or domain - including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

2. YOU ARE DEEMED TO HAVE ACCEPTED OUR TERMS: By using our website and as a user of this website (referred to as ‘”you” and “your”), you are deemed to have accepted terms set out in our Head Agreement, Terms of Use, Privacy Policy, Returns Policy and Sales Terms (“Terms”), and any other laws or regulations which apply to this website. Furthermore, your purchase of goods or services from this website or our stores is subject to the Terms. If you do not accept these Terms, you must not use or make a
purchase from this website or our store.

3. WE MAY CHANGE OUR TERMS WITHOUT NOTICE: We reserve the right to amend our Terms from time to time at our discretion without notice.
(a) Such revisions will be effective immediately upon publication on this website.
(b) Your continued use of this website or our store will represent an agreement by you to be bound by the Terms as amended.
(c) Please check our Terms as published on our website regularly for amendments and updates and before placing any Order.
(d) Any changes to these Terms will apply to any Order you place from the effective date of the change.

4. WE MAY CHANGE INFORMATION: We may, from time to time, add or remove information, products or services from this website or our stores without notice.

5. WE MAY TERMINATE YOUR ACCESS: We may terminate your access to this website at any time without notice. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.

6. PRICE MAY NOT BE CURRENT AND SUBJECT TO CHANGES: Please note that we reserve the right to alter the prices at any time for any reason without notice to you.
(a) All prices on this website are in New Zealand dollars and are inclusive of GST and any other sales tax.
(b) Prices are subject to change by us, and do not include display accessories, Manchester, furnishings, options, handling charges or delivery.
(c) Prices do not include any costs associated with set-up or installation, which shall be your responsibility.
(d) Prices displayed may vary in different regions and different stores.
(e) Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or our normal ticketed price.
(f) We do not represent that any product offered via the website will be offered by or available from us, or at all.
(g) Images of products shown without any advertised price beside that image are not offered for sale.
(h) We reserve the right to correct any errors.

7. DISCLAIMER AND INDEMNITY:
(a) We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
(b) We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by
law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
(c) The use of the information on this website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of
data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
(d) To the extent permitted by law, we and each of our related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(1) errors, mistakes or inaccuracies on the website;
(2) you acting, or failing to act, on any information contained on or referred to on the website or any linked website;
(3) personal injury or property damage of any kind resulting from your access or use of the website;
(4) any unauthorised access to or use of the websites secure servers;
(5) any interruption or cessation of transmission to or from the website;
(6) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; or
(7) the quality or fitness for any purpose of any product or of any linked sites.
(e) You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Fair Trading Act 1986.
(f) You will at all times indemnify, and keep indemnified, us and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of our Terms.

8. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES: This website may contain hyperlinks to third party websites. These sites have not been prepared by us and are not under the control of us. These links are provided for convenience only and may not remain current nor maintained.
(a) We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated.
(b) We are not responsible for the content of third party websites, or the manner in which those websites collect, store, use, and distribute any personal information you provide. When visiting a third party websites from hyperlinks on this website, we encourage you to review the privacy statements of those website so that you can understand how the personal information you provide will be collected, stored, used and distributed.
(c) We are not responsible for information on, or the privacy practices of, such websites. We are not responsible for the availability of any of these links.

9. FOR YOUR REFERENCE: “third party” includes any agent or contractor of us or of any of our related bodies corporate, and any person engaged by any us, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website.

10. WE ARE GOVERNED BY LAWS OF NEW ZEALAND: This website and these Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have nonexclusive jurisdiction to hear and determine any dispute arising in relation to this website or these Terms. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts of New Zealand are a convenient forum in which to resolve any dispute arising in
relation to this website or these Terms. The information contained on this website has been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations, warranties, or guarantees as to whether or not the information or products available from this website are appropriate or available for use in other countries. If you choose to access this website from outside New Zealand, you are responsible for compliance with applicable local law.

11. SEVERABILITY: If any provision of these Terms are found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

Address: 671 Great South Road, Penrose, Auckland      Tel: 09 2227088      Fax: 09 5798188      Email: infos@millen.co.nz
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