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Terms & Conditions

Acceptance of terms


These terms and conditions cover the supply of goods and services ("products") from Touched by Pink. When this site uses "we", "us" or "our," we are talking about Touched by Pink. When we talk about "you", that means the person looking at the website and/or buying goods and services from us. When we talk about "the website" we are referring to www.touchedbypink.co.nz.

These Terms and Conditions are effective from August 11, 2020 and will replace all earlier Touched by Pink terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice will be given by posting the revised Terms and Conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

You may only make purchases from our online shop for your own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity, such as a company, you warrant you have the authorisation to agree to these Terms and Conditions on behalf of the entity.

Availability and supply


All orders are subject to availability. If for any reason a product is not available, we will endeavour to notify the non-availability on our online shop.

Colour reproductions

We take care with colours in our advertising and on our website. The limitations of colour production, and individual settings on your screen, may mean there is a slight variation. Every reasonable care has been taken to ensure the descriptions are accurate.


Pricing and payment options


All prices are in New Zealand dollars and are inclusive of Goods and Services Tax ("GST"). All prices are correct when published. We reserve the right to alter prices at any time.

We accept payment by Ministry of Health Breast Prosthesis subsidy claim, Visa, Mastercard and bank deposit.

If you would like to use your MoH subsidy as payment, please place your date of birth in the "additional delivery notes" field when placing your order, then select to pay using bank transfer. We will be in touch to arrange completion of the necessary paperwork.

We will email you a receipt to the email address you supply when you place your order. You are responsible for ensuring your contact details are correct.

Shipping and delivery


We only deliver to New Zealand and Australia. We provide free shipping to New Zealand addresses and shipping to Australia is $NZ15.

We will use all reasonable endeavours to ensure that we dispatch orders promptly after you place an order; we aim to ship within 48 hours.

Please note that in recent times, events such as the pandemic lockdown and pressure on courier firms have slowed deliveries in New Zealand and Australia so it may take longer than expected for your order to reach you. We will send you a tracking number when we ship your order.

Returns


Please note that in recent times, events such as the pandemic lockdown and pressure on courier firms have slowed deliveries in New Zealand and Australia so it may take longer than expected for your return to reach us and/or for any exchange order to reach you. We recommend you use a tracking option when returning an item to us. We are not liable for lost parcels.


Returns for a refund

  • Within 30 days of purchase, you may return any item (excluding gift vouchers and knickers) for a refund. It must be unworn (aside from trying it for size), unsoiled, unwashed and returned in its original packaging and/or with the tags intact, with your receipt of purchase.
  • Please fill out the Returns Form that we sent with your order or download the form here.
  • You may contact us to return the item in person or courier the item back to us.
  • Once we receive your return, we will refund to either whichever option you nominate on the Returns Form; either the credit card you made your purchase with or an account number you provide. You may choose instead to receive a voucher to the value of your refund.
  • We will email you when we have processed the refund.
Returns for an exchange of the same product but in a difference size or colour

  • Within 30 days of purchase, you may return any item (excluding knickers) for an exchange of the same item in a different size or colour – it must be unworn (aside from trying it for size), unsoiled, unwashed and returned in its original packaging and/or with the tags intact, with your receipt of purchase.
  • Please fill out the Returns Form that we sent with your order or download the form here.
  • You may contact us to return the item in person or courier the item back to us.
  • We provide free delivery of exchanged items to you.
  • We will send you a tracking number when we ship your exchange order.
  • Exchanges are subject to availability. If an exchange item is out of stock, we will contact you to ask if you wish to wait on new stock or would prefer a refund or voucher to the value of the item you are returning.

Exchanges for a different item

  • If you wish to exchange your purchase (excluding knickers) for a different item, follow the "Returns for a refund" section above and then order the new item from our site.

Gift vouchers

We do not refund gift vouchers.

Liability Limitation


We try to have complete and accurate information on our website but are not responsible if the information on the site is not accurate or complete. To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the people listed above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

If you buy goods from us while operating as a business, the Consumer Guarantees Act 1993 provisions do not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

Applicable law and jurisdiction


Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information to buy a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and confidentiality

Touched by Pink values our customers and respects your privacy. Any information we hold about you is held with the utmost care and security.

Unless you opt to receive messages from us, we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications, you will be able to opt out by emailing us or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above-mentioned messages will not prevent us sending you emails specifically related to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.

General Conditions


We reserve the right to change these Terms and Conditions from time to time by notice, which will be in the form of a notice posted on our website at www.touchedbypink.co.nz/terms.

If we fail to enforce any terms or to exercise our rights under these Terms and Conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these Terms and Conditions.

Unless any provision in this agreement expressly provides otherwise, these Terms and Conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.
 

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