Welcome to the Millen and we thank you for visiting our website.
1. WEBSITES AND PLATFORMS: means websites, platforms, mobile sites, apps or social media pages.
2. STORES AND SERVICES: means stores, store services (including Wi-Fi), database, promotions or membership programmes.
3. TERMS: means customer terms and conditions of sale comprising of this Head Agreement, Terms of Use of Our Websites and Platforms, Privacy Policy, Returns Policy, Sales Terms for Consumer Customers and Sales Terms for Commercial Customers, and any other laws or regulations which apply to any of our Websites and Platforms and our Stores and Services.
4. ORDER: means an offer made by you in response to an invitation to treat made by us on our Websites and Platforms and our Stores and Services.
5. THE MILLEN GROUP: means the following companies, trading under the ‘Millen’ brand. In these Terms, we refer to The Millen Group as “we”, “us”, “our”, or “Millen” and we refer to each company within The Millen Group as a “Group Entity”. 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).
6. WORKING DAY: means any day of the week other than:
(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday and Labour Day;
(b) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday;
(c) a day in the period commencing on the 24th day of December in any year and ending on the 5th day of January in the following year, both days inclusive;
(d) the day observed as the anniversary of any province in which either party is situated;
(e) the day on which a public holiday is observed to acknowledge Matariki, pursuant to the Te Kāhui o Matariki Public Holiday Act 2022; and (f) any other day that the Government of New Zealand declares to be a public holiday. A working day shall be deemed to commence at 9.00 am and to terminate at 5.00 pm
7. GOODS OR SERVICES: means all Goods and/or Services supplied by us to you at your request from time to time. Reference to ‘Goods’ or ‘Services’, where the context so permits, shall be interchangeable for the other.
8. OUR WEBSITES AND PLATFORMS AND OUR STORES AND SERVICES: means our Websites and Platforms and/or our Stores and Services.
9. YOU ARE DEEMED TO HAVE ACCEPTED OUR TERMS: By using, visiting, participating in or making a purchase from any of our Websites and Platforms and our Stores and Services, you are deemed to have accepted our Terms. Furthermore, your purchase of goods or services from our Websites and Platforms and our Stores and Services is subject to the Terms. If you do not accept our Terms, you must not use, visit, participate in or make a purchase from our Websites and Platforms and our Stores and Services.
10. YOU MAKE AN OFFER: Our Websites and Platforms and our Stores and Services and the information on them constitute an invitation to treat and not an offer to sell or supply goods or services. In other words, when you submit an Order to us, you are making an offer to buy those goods or services in accordance with our Terms.
11. 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, visit of, participation in or purchase from our Websites and Platforms and our Stores and Services will represent an agreement by you to be bound by the Terms as amended.
(c) Please check our Terms as published on this website regularly for amendments and updates and before placing any Order.
(d) Any changes to our Terms will apply to any Order you place from the effective date of the change.
12. WE MAY CHANGE INFORMATION: We may, from time to time, add or remove information, goods or services from our Websites and Platforms and our Stores and Services without notice.
13. WE MAY TERMINATE YOUR ACCESS: We may terminate your access to our Websites and Platforms at any time without notice. Where your access to our Websites and Platforms is terminated, all disclaimers and limitations of liability set out in our Terms will survive.
14. 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 our Websites and Platforms and our Stores and Services 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, unless you have separately purchased and paid for a set up or installation service from us.
(d) Prices displayed may vary in different regions and different stores.
(e) Each published saving in respect of a good or service is by reference to the recommended retail price of the manufacturer or our normal ticketed price.
(f) We do not represent that any goods or services offered via our Websites and Platforms and our Stores and Services will be offered by or available from us, or at all.
(g) Images of goods shown without any advertised price beside that image are not offered for sale.
(h) We reserve the right to correct any errors.
15. DISCLAIMER AND INDEMNITY:
(a) We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials, goods or services included in our Websites and Platforms and our Stores and Services 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 our Websites and Platforms and our Stores and Services or any linked Websites and Platforms 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, our Websites and Platforms and our Stores and Services. 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 our Websites and Platforms and our Stores and Services or the information that it contains.
(c) The use of the information on our Websites and Platforms and our Stores and Services 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 our Websites and Platforms and our Stores and Services or provided through our Websites and Platforms and our Stores and Services. 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 Group Entity exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to our Websites and Platforms and our Stores and Services including, but not limited to, loss or damage you might suffer as a result of:
(1) errors, mistakes or inaccuracies on our Websites and Platforms and our Stores and Services;
(2) you acting, or failing to act, on any information contained on or referred to on our Websites and Platforms and our Stores and Services or any linked Websites and Platforms;
(3) personal injury or property damage of any kind resulting from your access or use of our Websites and Platforms and our Stores and Services;
(4) any unauthorised access to or use of our Websites and Platforms and our Stores and Services;
(5) any interruption or cessation of transmission to or from our Websites and Platforms;
(6) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our Websites and Platforms by any third party; or
(7) the quality or fitness for any purpose of any goods or services or of any linked Websites and Platforms.
(e) You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of our Websites and Platforms from all damages, losses, penalties, fines, expenses and costs (including reasonable legal costs and expenses on a full indemnity basis) which arise out of or relate to your use of, visit of, participation in or purchase from our Websites and Platform and our Stores and Services, any information that you provide to us via our Websites and Platforms and our Stores and Services or any damage that you may cause to our Websites and Platforms and our Stores and Services. 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 our Group Entity, 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.
16. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES AND PLATFORMS: Our Websites and Platforms may contain hyperlinks to third party Websites and Platforms. These Websites and Platforms have not been prepared by us and are not under our control. 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 and Platforms, or any information, goods or services referred to on those third party Websites and Platforms unless expressly stated.
(b) We are not responsible for the content of third party Websites and Platforms, or the manner in which those Websites and Platforms collect, store, use, and distribute any personal information you provide. When visiting a third party Websites and Platforms from hyperlinks on Our Websites and Platforms, we encourage you to review the privacy statements of those Websites and Platforms 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 and Platforms.
(d) We are not responsible for the availability of any of these links.
17. 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 of us.
18. WE ARE GOVERNED BY LAWS OF NEW ZEALAND: Our Websites and Platforms and our Stores and Services and our Terms shall be governed by, and construed in accordance with, the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to our Websites and Platforms, our Stores and Services and/or our 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 our Websites and Platforms, our Stores and Services and/or our Terms. The information contained on our Websites and Platforms and our Stores and Services 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 goods or services available from our Websites and Platforms and our Stores and Services are appropriate or available for use, visit, participation in or purchase from in other countries. If you choose to access our Websites and Platforms and our Stores and Services from outside New Zealand, you are responsible for compliance with applicable local law.
19. SEVERABILITY: If any provision of our Terms is 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.
20. THE CONTRACT AND COMMERCIAL LAW ACT: You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Contract and Commercial Law Act 2017. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our Privacy Policy. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.
Tel
E-mail