TERMS OF USE

OVERVIEW

This website is operated by calmamm.com.

Throughout the Website, the terms “we”, “us” and “our” refer to calmamm.com.

calmamm.com offers this Website, including all information, tools, products and services available through this Website, to you, the user, subject to your acceptance of these Terms of Use and any other policies or notices referred to on the Website.

By visiting our Website and/or purchasing something from us, you use our “Service” and agree to be bound by these Terms of Use (“Terms”), including any additional terms, conditions and policies referenced in these Terms or made available through the Website.

These Terms apply to all users of the Website, including visitors, customers, suppliers, merchants and contributors of content.

Please read these Terms of Use carefully before accessing or using our Website.

By accessing or using any part of the Website, you agree to be bound by these Terms.

If you do not agree with these Terms, you should not access or use the Website or our Services.

Any new features, tools, products or services added to the Website will also be subject to these Terms.

You can review the current version of these Terms at any time on this page.

We may update or amend these Terms from time to time by publishing an updated version on our Website.

Where appropriate, your continued use of the Website after changes are published will indicate your acceptance of the updated Terms.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform that allows us to offer our products and services online.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available to consumers under applicable New Zealand law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, where those rights cannot lawfully be excluded.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your country or region of residence or otherwise have the legal capacity to enter into an agreement with us.

If you allow a minor under your care to use this Website, you are responsible for their use of the Website where permitted by law.

You must not use our products, Website or Services for any unlawful or unauthorised purpose.

You must not violate any applicable laws, rules or regulations when using the Website or our Services, including intellectual property and copyright laws.

You must not transmit viruses, worms, malicious code or any other material designed to interfere with or damage the Website, our systems or other users.

A serious breach of these Terms may result in suspension or termination of your access to the Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse or restrict access to the Service where reasonably necessary, including in cases involving suspected fraud, abuse, unlawful conduct, security risks or breaches of these Terms.

You understand that information you submit through the Website, other than securely processed payment information, may be transmitted across different networks and may be technically modified to meet the requirements of connecting networks or devices.

Payment information is processed using appropriate secure and encrypted payment technology.

You must not reproduce, duplicate, copy, sell, resell, distribute or commercially exploit any part of the Service, access to the Service or Website content without our prior written permission, except where permitted by law.

The headings used in these Terms are included for convenience only and do not affect the interpretation of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make reasonable efforts to ensure information on this Website is accurate and current.

However, information may occasionally become outdated, incomplete or inaccurate.

Information provided on the Website is intended for general informational purposes and should be considered together with any relevant product information, instructions and other available information before making a purchasing decision.

The Website may contain historical information that is provided for reference purposes only.

We may update, amend or remove Website content from time to time.

Where required by law, we will correct materially inaccurate or misleading information.

Nothing in this section limits our obligations under applicable New Zealand consumer law.

SECTION 4 – CHANGES TO SERVICES AND PRICES

Product prices may change from time to time.

We may modify, suspend or discontinue all or part of the Website or Service where reasonably necessary.

We will not be liable solely because a feature or Service is changed, suspended or discontinued, except where liability arises under applicable law.

Any pricing, promotional or product changes will remain subject to applicable consumer protection laws.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively through our Website.

Products may be available in limited quantities and may be returned or exchanged in accordance with our Return & Refund Policy and applicable law.

We make reasonable efforts to display product colours, images and descriptions accurately.

However, the way colours and images appear may vary depending on your device, screen settings, photography and other factors.

We may limit the sale of products or services to particular people, locations or regions where reasonably necessary or legally required.

We may also limit the quantity of products available for purchase.

Product descriptions, prices and availability may be updated from time to time.

We may discontinue a product or service at any time.

Any offer made through the Website is void where prohibited by law.

We do not guarantee that every product will meet every individual preference or expectation.

However, nothing in these Terms limits any guarantees or remedies you may have under the New Zealand Consumer Guarantees Act 1993 or other applicable consumer law.

Where applicable, products supplied to consumers must meet legal requirements relating to acceptable quality, fitness for purpose and matching their description.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to decline, limit or cancel an order where reasonably necessary.

This may include orders involving:

• Suspected fraud or unauthorised activity;

• Incorrect pricing;

• Payment verification issues;

• Stock shortages;

• Incorrect customer information;

• Unusual order quantities; or

• Orders that appear to be intended for unauthorised resale or distribution.

We may limit purchases per person, household, account, payment method, billing address or delivery address where reasonably necessary.

If we change or cancel an order, we may attempt to notify you using the email address, telephone number or contact information provided at checkout.

Where we cancel an order after payment has been received, any applicable refund will be handled in accordance with our refund obligations and applicable law.

You agree to provide current, complete and accurate purchase and account information.

You are responsible for keeping relevant account information up to date, including your email address and payment details.

For further information, please review our Return & Refund Policy.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

We may provide access to tools, applications or services operated by third parties.

We may not control or monitor these third-party tools.

Your use of third-party services may also be subject to the relevant third party’s own terms and privacy policies.

Where third-party tools are provided on an “as available” basis, we do not make additional warranties about those tools beyond those required by law.

You should review and understand the terms applicable to a third-party service before using it.

We may introduce additional Website features, tools or resources in the future.

Any new features offered directly by us will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Our Website may contain links to third-party websites, products or services.

Third-party websites are operated independently from us.

We are not responsible for controlling or maintaining the content, policies, availability or security of third-party websites.

We do not necessarily endorse information, products or services offered by third parties simply because a link appears on our Website.

Before entering into a transaction with a third party, you should review that party’s applicable policies and terms.

Any questions or complaints relating specifically to a third-party product or service should generally be directed to the relevant third party, without limiting any rights you may have against us under applicable law.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you provide us with comments, reviews, suggestions, ideas, feedback or other submissions (“Comments”), you grant us permission to use, reproduce, edit, publish, translate and display those Comments for legitimate business and promotional purposes, subject to applicable law.

We are not required to:

1. Keep voluntarily submitted Comments confidential unless agreed otherwise;

2. Pay compensation for Comments unless agreed otherwise; or

3. Respond to every Comment.

We may monitor, edit or remove content that we reasonably consider to be unlawful, offensive, threatening, defamatory, obscene, infringing, fraudulent or otherwise in breach of these Terms.

You must not submit Comments that:

• Violate another person’s intellectual property rights;

• Violate privacy or other legal rights;

• Contain unlawful, defamatory or misleading material;

• Contain viruses or malicious software;

• Misrepresent your identity; or

• Mislead us or other users about the source of the Comment.

You are responsible for the content and accuracy of Comments you submit.

SECTION 10 – PERSONAL INFORMATION

The collection, use, disclosure and handling of personal information through our Website is governed by our Privacy Policy.

Where applicable, personal information will also be handled in accordance with the New Zealand Privacy Act 2020.

Please review our Privacy Policy for further information.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Website may contain typographical errors, inaccuracies or omissions relating to matters such as:

• Product descriptions;

• Pricing;

• Promotions;

• Offers;

• Shipping charges;

• Delivery estimates; and

• Product availability.

We may correct errors, update information or cancel an affected order where reasonably necessary.

If an order is cancelled after you have already paid, we will process any required refund.

We do not have an obligation to continuously update all information unless required by law.

Nothing in this section permits us to engage in misleading or deceptive conduct or limits your rights under the Fair Trading Act 1986 or other applicable consumer law.

SECTION 12 – PROHIBITED USES

You must not use the Website or its content:

(a) For any unlawful purpose;

(b) To encourage or participate in unlawful conduct;

(c) In violation of applicable laws, regulations or legal requirements;

(d) To infringe our intellectual property rights or the rights of others;

(e) To harass, abuse, threaten, intimidate or unlawfully discriminate against another person;

(f) To provide intentionally false, fraudulent or misleading information;

(g) To upload or transmit viruses, malware or other harmful computer code;

(h) To unlawfully collect, track or misuse another person’s personal information;

(i) To engage in spam, phishing, scraping or other abusive automated activity;

(j) For obscene or unlawful purposes; or

(k) To interfere with, disable or circumvent security features of the Website, Service or related systems.

We may suspend or terminate access to the Service where a user breaches these restrictions.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee that access to the Website will always be uninterrupted, timely or error-free.

From time to time, Website access may be affected by maintenance, updates, third-party service interruptions or circumstances outside our reasonable control.

To the maximum extent permitted by law, the Website and any general Website functionality are provided on an “as available” basis.

However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot legally be excluded under New Zealand law.

Where the Consumer Guarantees Act 1993 applies, products and services supplied to consumers remain subject to the statutory guarantees provided by that Act.

To the maximum extent permitted by law, calmamm.com and our directors, employees, contractors, suppliers and service providers will not be responsible for indirect or consequential loss arising solely from your use of the Website where such liability may lawfully be excluded.

Nothing in these Terms excludes liability where it would be unlawful to do so.

SECTION 14 – INDEMNITY

To the extent permitted by law, you agree to be responsible for reasonable losses, liabilities or costs incurred by calmamm.com as a direct result of your unlawful use of the Website, intentional misconduct or material breach of these Terms.

This does not require you to indemnify us for loss caused by our own unlawful conduct, negligence or breach of applicable consumer obligations where such liability cannot lawfully be excluded.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where possible.

If this is not possible, the unenforceable part will be treated as severed from these Terms.

The remaining provisions will continue in full force and effect.

SECTION 16 – TERMINATION

Any rights and obligations that arose before termination of these Terms will continue where appropriate.

These Terms remain effective while you use our Website or Services.

You may stop using our Website or Services at any time.

We may suspend or terminate your access if we reasonably believe that you have materially breached these Terms, engaged in fraudulent or unlawful activity, or created a security risk.

Termination does not affect rights or obligations that arose before the date of termination.

SECTION 17 – ENTIRE AGREEMENT

These Terms, together with any policies or other terms referred to on our Website, form the agreement governing your use of our Website and Services.

Any failure by us to immediately exercise or enforce a right under these Terms does not constitute a permanent waiver of that right.

These Terms replace previous versions of the Terms relating to the same subject matter.

Nothing in this section limits any rights you may have under applicable law.

SECTION 18 – CHANGES TO THESE TERMS

You can review the latest version of these Terms at any time on this page.

We may update or replace parts of these Terms from time to time.

Any updated Terms will be published on our Website.

Where appropriate, continued use of the Website after an update takes effect will constitute acceptance of the updated Terms.

Changes will not retrospectively remove or reduce rights that have already arisen under applicable law.

SECTION 19 – CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us:

Email: service@calmamm.com