Terms & Conditions
TERMS & CONDITIONS OF PURCHASE
These Terms & Conditions of Purchase (“Purchase Terms”) govern your purchase of products and services available through https://www.calmamm.com (the “Company Website” or “Website”). The Website is operated by calmamm.com (“Company”, “we”, “us” or “our”).
Your use of the Website and these Purchase Terms is also subject to our Terms of Use and Privacy Policy, which are incorporated into these Purchase Terms by reference.
PLEASE READ THESE PURCHASE TERMS CAREFULLY, TOGETHER WITH OUR TERMS OF USE, PRIVACY POLICY AND ANY OTHER POLICIES OR AGREEMENTS REFERRED TO IN THESE PURCHASE TERMS, BEFORE PURCHASING OR USING ANY PRODUCTS OR SERVICES THROUGH OUR WEBSITE.
BY PURCHASING OR USING PRODUCTS OR SERVICES THROUGH OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE PURCHASE TERMS.
Nothing in these Purchase Terms is intended to exclude, restrict or modify any rights or remedies that you may have under applicable New Zealand consumer law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, where those rights cannot lawfully be excluded or limited.
GENERAL
These Purchase Terms form a valid and binding agreement between you and the Company in relation to purchases made through our Website.
By placing an order, you confirm that:
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You are at least 18 years of age;
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You have the legal capacity to enter into a binding agreement; and
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You are not prohibited by applicable law from purchasing or receiving the relevant products or services.
You must purchase and use products and services available through the Website in accordance with these Purchase Terms and all applicable laws, rules and regulations.
You are responsible for complying with any laws applicable to your purchase, including laws and regulations in the country or region to which the products are delivered.
Where permitted by law, telephone calls, emails and other communications between you and the Company may be recorded or retained for customer service, training, security and record-keeping purposes.
PRIVACY POLICY
Our Privacy Policy explains how we collect, use, disclose, store and otherwise handle personal information.
Our Privacy Policy is available at:
By using our Website or providing personal information to us by email, telephone, checkout or other means, you acknowledge that your personal information may be collected, stored, used and otherwise handled in accordance with our Privacy Policy and applicable privacy laws.
Where the New Zealand Privacy Act 2020 applies, we will handle personal information in accordance with our obligations under that Act.
We may update our Privacy Policy from time to time. Any changes will be published on our Website.
Your continued use of the Website following an update to the Privacy Policy will constitute acknowledgement of the updated policy, subject to any rights you may have under applicable law.
PURCHASES
Order Processing
The Company may decline to process or may cancel an order in certain circumstances.
This may occur where:
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A product or service is unavailable or out of stock;
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A product has been listed with an incorrect price;
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We reasonably suspect fraudulent or unauthorised activity;
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Payment cannot be verified;
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Delivery information is incomplete or incorrect; or
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Other circumstances arise that reasonably prevent us from fulfilling the order.
We reserve the right to take reasonable steps to verify your identity, payment details or order information before processing an order.
If we cancel an order that has already been paid for and the cancellation is not due to a breach by you, we will refund the relevant amount paid for the cancelled item or order.
Subject to applicable law, the Company reserves the right to:
(i) withdraw or amend an offer;
(ii) correct errors, inaccuracies or omissions; and
(iii) update prices, content, promotional offers, product descriptions, specifications or other information.
Where an order has already been accepted and paid for, any changes will be handled in accordance with applicable New Zealand consumer law.
Product and Service Descriptions
We make reasonable efforts to ensure that product and service descriptions displayed on our Website are accurate and up to date.
However, colours, packaging, appearance and other product details may vary slightly due to photography, screen settings, manufacturing updates or supplier changes.
Nothing in these Purchase Terms limits your rights if a product does not match its description or otherwise fails to meet guarantees required under applicable consumer law.
If a product is faulty, not of acceptable quality, does not match its description or is not fit for its stated purpose, you may have rights to a repair, replacement, refund or other remedy under applicable New Zealand law.
The Website may provide a quick-view feature for certain products, allowing you to view basic product information and add a product to your shopping cart without opening the full product page.
This feature is provided for convenience only. More complete product information, including product features, specifications and pricing, may be available on the relevant product page.
Pricing Information
We make reasonable efforts to ensure that pricing information displayed on the Website is accurate.
Unless otherwise stated, prices shown to New Zealand customers may be displayed in New Zealand dollars (NZD).
We cannot guarantee that pricing errors will never occur.
If a product or service is displayed at an incorrect price due to a genuine error, we may contact you before processing the order to confirm whether you wish to proceed at the correct price.
If we cancel an order because of a pricing error after payment has been received, we will refund the amount paid for the affected item.
Nothing in this section limits any rights you may have under the Fair Trading Act 1986 or other applicable law.
Product and Service Availability
The Website may provide information regarding product availability.
Availability information is provided as an estimate only and may change between the time you place an order and the time the order is processed.
Although a product may appear as “in stock”, stock levels may change quickly due to customer demand, inventory updates or fulfilment delays.
Where possible, we aim to deliver orders within the estimated delivery timeframe stated in our Shipping Policy.
Actual delivery times may be affected by factors including:
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Product availability;
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Public holidays;
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Severe weather;
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Customs or border processing;
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Courier delays;
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Delivery location; and
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Other circumstances outside our reasonable control.
If an item becomes unavailable after you have placed an order, we will contact you as soon as reasonably practicable.
Where we cannot supply the item, we may cancel that item from your order and issue a refund for the amount paid for it.
Additional Product Information and Disclaimers
Products purchased through our Website may differ from products offered in other countries or regions.
Depending on the product and destination, a product:
(a) may have different manufacturer warranty arrangements;
(b) may have different service or support options;
(c) may include manuals, instructions, packaging or safety information in English or another language;
(d) may be manufactured or labelled according to standards applicable to the country of manufacture; and
(e) in the case of electrical products, may require an appropriate New Zealand-compatible plug, adapter or voltage converter.
Where relevant, it is your responsibility to review product specifications before purchasing to ensure the product is suitable for your intended use.
However, nothing in this section excludes or limits any guarantee, obligation, remedy or right that applies under New Zealand law and cannot legally be excluded.
Taxes, GST, Customs Duties and Charges
You are responsible for any taxes, customs duties, border charges or other government charges that may legally apply to your order, unless those amounts are already included in the price you pay at checkout.
For orders supplied to New Zealand customers, applicable GST may be included in the purchase price or collected at checkout where required by law.
International shipments may also be subject to customs processing, import duties or other border charges depending on the value, type and origin of the goods.
Any applicable charges will be handled in accordance with New Zealand law and the requirements of the relevant government authorities.