Sales Terms

1. HOW TO BECOME A MEMBER: You can become a member of the website by following the instructions set out in the website.
(a) We only permit one membership registration per email address.
(b) You must not use another members’ account.
(c) You must keep your password secure and you are responsible for any activity using your membership. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(d) We reserve the right to terminate a member’s account immediately without notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.

2. YOU MUST BE AN ADULT: You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(a) Any Order or purchase made by you using this website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.
(b) We reserve the right to take legal action and seek compensation for any loss or damage we may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.

3. YOU MAKE AN OFFER: This website and the information on it constitute an invitation to treat and not an offer to sell or supply products. "Order" means an offer made by you in response to an invitation to treat made by us on the website. In other words, when you submit an order to us, you are making an offer to buy those products in accordance with these Terms.
(a) You and we may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by placing an Order (including giving us delivery and any other relevant details for your Order, including entering payment information and submitting your Order) and you making payment in full (plus any applicable delivery charges) on the website and we receiving a confirmation of that payment is received by our database
and our acceptance of that offer in accordance with these Sales Terms.
(b) We may, in our sole and absolute discretion, accept or reject any Order (in whole or in part) made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, an error in your Order, any order we believe, in our sole judgement, to have been placed fraudulently or in an effort to supply trade re-sale.
(c) If your Order is not accepted by us, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(d) We will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from us.

4. YOU ACKNOWLEDGE THAT:
(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by us for reasons beyond either party’s control including, but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(b) to the extent permitted by law, we are not liable to you in any way for any loss or damage at all however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(c) we may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(d) we may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

5. STOCK MAY NOT BE AVAILABLE: You acknowledge that stock availabilities are subject to change. If we cannot supply a particular product, we will notify you by telephone or email as soon as possible.

6. IF YOU HAVE ANY QUERIES: If you have any query about the progress of your Order please contact us by phone or email. Please have your Order number handy as shown on the email confirmation.

7. PRICE MAY NOT BE CURRENT AND SUBJECT TO CHANGES: Please refer to our Head Agreement for more details.

8. PAYMENTS AND THIRD PARTY FACILITIES:
(a) All payments must be made by you in full.
(b) You must pay by credit or debit card. Visa and Mastercard are accepted for all transactions, but Diner, American Express and/or Union Pay cards may or may not be accepted.
(c) Payments must be made via the facilities accessible via the website and will be subject to any terms and conditions of these providers or by authorising us to charge your credit card account for the total price of the products ordered and the applicable delivery fees at the time the products are dispatched.
(d) To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit or debit card is fraudulently used or is used in an unauthorised manner.
(e) If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order when payment is due.

9. SUPPLY AND DELIVERY
(a) Products may not be available for immediate delivery. We will endeavour to deliver your Order to the address you nominate in your Order within twenty (20) business days of the date you placed your Order.
(b) Some items are not held in stock and will be required to be ordered. You acknowledge and agree that your Order for any such item may take up to sixty (60) business days to be delivered to you from the date you placed your Order. We will contact you on or about the time we receive your Order to notify you of the indicative delivery date.
(c) If we give you notice that it will be unable to deliver your Order within twenty (20) business days of receipt of your Order due to lack of stock you may cancel your Order without charge, and we will, upon request to us, arrange for a full refund of any payment made by you for that Order to be processed.
(d) Delivery times may be greater than twenty (20) business days for regional or remote areas.

10. DELIVERY BY POST OR CARRIER
(a) The terms of this clause apply where you select to have your goods delivered to a specified address.
(b) The delivery address must be an address within New Zealand and cannot be a PO Box or a freight forwarding location.
(c) On receipt of your Order, your Order will be dispatched to you to your specified delivery address generally within twenty (20) business days of the date you placed your Order.
(d) If you Order large or bulky items, we will contact you by telephone or email to arrange with you a suitable time for delivery.
(e) You will be required to be available in person to accept all deliveries.
(f) If you wish to change the delivery date or delivery address you must let us know at least 48 hours prior to the dispatch of your Order.
(g) We will use our best endeavours to deliver your Order within any stated timeframes for dispatch; however we do not warrant that these timeframes will always be met, as many factors may affect
these timeframes.
(h) You must advise at the time you place your Order via the website, or later when you discuss delivery with us, of any difficulties that may be involved in the delivery (such as remote rural locations, restricted access, stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(i) We cannot accept responsibility for delivery failures or delays by our third party delivery contractor.

11. ORDERS FOR COLLECTION AT A STORE
(a) The terms of this clause apply where you select to collect your Order from a store.
(b) If you select to collect your goods from us, we will contact you by telephone or email to notify you when the Order is available for collection.
(c) Orders for collection at a store must be collected within ten (10) business days of us giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant store has the right to allocate those goods to another customer and reorder the goods for you.
(d) The person who collects the goods must provide photo identification and present the credit card used for the transaction.

12. TITLE AND RISK IN GOODS: Title and risk in the products, such as loss and damage, pass to you on delivery.

13. RETURNS AND REFUNDS: Please refer to our Returns Policy for more information.

14. PRIVACY AND PERSONAL INFORMATION: The privacy of your personal information is important to us. Please refer to our Privacy Policy for more information.

15. DISCLAIMER AND INDEMNITY: Please refer to our disclaimer in the Head Agreement.

16. FORCE MAJEURE: We will not be liable for any errors or delay in performing any of our obligations if such errors or delay is caused by circumstances beyond our reasonable control, including but not limited to, a failure of or interruption relating to the Internet, electricity supply, bank payment systems or postal deliveries.

17. TRANSFER AND ASSIGNMENT: If we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements it has made with you.

18. WAIVER: Our failure to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.

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