Terms

Terms

 

1  Introduction


1.1     The Website is owned and operated by ALL DAY EVERY NIGHT LTD.

1.2     By using the Website or by ticking the “I have read and agreed to the terms and conditions” box, you agree to and accept these terms and conditions.


1.3     If you have any questions regarding these terms and conditions, please contact ALL DAY EVERY NIGHT LTD using the "CONTACT" page.

 

2  Interpretation


2.1     In these terms and conditions:


           2.1.1  ADEN means ALL DAY EVERY NIGHT LIMITED (company incorporation number 4659799)
    

           2.1.2  Purchaser means a Purchaser using this Website to purchase any goods

           2.1.3  RRP means recommended retail price  

           2.1.4  Website means http://www.alldayeverynight.com and includes but is not limited to its materials, designs and images
    


 

3  Pricing


3.1     ADEN reserves the right to adjust any of the prices on the Website without prior notification. 



 

4  Buy Now


4.1     Products listed on this website may be purchased for immediate delivery to the Purchaser or to such person as the Purchaser nominates.  


4.2     Products will get delivered within 10 days of receipt of purchase’s order at the delivery charges set out in clause 5 (but subject to ADEN’s right to vary such charges as necessary). 

4.3     If an incorrect delivery address is supplied, ADEN may charge the Purchaser all reasonable costs associated with any re-delivery.  



 

5  Delivery and service charges


5.1     ADEN offers free shipping on all orders over NZD200 to any New Zealand or Australian address.

5.2     ADEN charges the Purchaser a delivery charge at the time of purchase on orders less than NZD200.

5.3     The following are the delivery charges:
    

           5.3.1  In New Zealand or to Australia NZD10  

           5.3.2  To United States, UK and Europe NZD20 (unless order is over NZD300)

           5.3.3  Rest of world NZD40 

5.4      Any additional taxes or customs duties that are incurred within the Purchasers country are the responsibility of the Purchaser.

5.5      Items will usually arrive at their destination within the time frame specified. However NZ Post does not directly control all parts of the delivery chain, they cannot guarantee that your item will always reach its destination within the delivery target.

5.6      Delivery estimates

           5.6.1   Australia  2-3 days (except for around Christmas time, we will advise cut off dates for Christmas delivery)

           5.6.2   South Pacific  2-5 days (express courier only available)

           5.6.3   East Asia and North America  4-6 days

           5.6.4   UK and Europe  5-6 days

           5.6.5   Rest of world 2-5 days (express courier only available)

 

6  Payments


6.1  Payments for all goods and services (including delivery and service), ordered through this website must be made, at the time an order is placed, by accepted credit or debit card.  


6.2  ADEN accept Visa, Mastercard and all major debit cards through ADEN’S safe and secure payment service.


6.3  Should you wish to use American Express or Diners for your payment, please contact ADEN by phone (+64 9 215 4350) to arrange payment. A 2% surcharge will be added to the total price charged.



 

7  Ownership and Insurance 

7.1  ADEN will retain title to all orders and items until actually delivered to the recipient.  


 

8  Orders, exchanges and returns


8.1  ADEN will not accept orders if authorisation for the payment is not available, or if there is a significant pricing or product description error.


8.2  Orders or items will only be replaced or exchanged by ADEN if they are faulty or damaged and only if notified to ADEN in writing within 7 days of delivery. All damaged orders or items are replaced or exchanged at the sole discretion of ADEN. If ADEN determines that the order or items was not damaged at the time of delivery, a replacement or exchange may not be offered.


8.3  Any order or item that may need replacing due to fault or damage will be replaced or exchanged with the same or similar product, or with a gift voucher for the same purchase price as the damaged item.


8.4  ADEN will have no obligation to replace any item or provide any refund except in accordance with this clause.  





 

9  Limitation of liability


9.1  To the extent that ADEN is, or may be liable in relation to any services, orders or items ordered or purchased at ADEN, ADEN’s liability is limited at its discretion to either a refund, replacement or repair of the item, or to a re-supply of the service. All claims for any indirect or consequential loss or damages are excluded, and in no circumstance will ADEN be liable in excess of any amount paid for any item on the Website.


 

Terms

 

In using the Website, you agree to be bound by these terms of use set out below.  If you do not accept these terms of use, please exit the Website immediately.  





1  Definitions “You/Your” means you, the user of the Website.
 “We/Us/Our” means ALL DAY EVERY NIGHT Limited who provides the Website.

  



2  Third party Websites
 

2.1  You agree that we are not responsible for, nor do we endorse, any third party Websites or content which you access in the course of using the Website.  This includes any reliance upon or offence taken/caused by content, advertising, products or services accessed.

 

3  Security means of accessing the Website


3.1  You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair any of our accounts, computer systems or networks.  You agree not to attempt to gain unauthorised access to any parts of the Website or any of our accounts, computer systems or networks.  You agree not to interfere or attempt to interfere with the proper working of the Website or any of our accounts, computer systems or networks.  


4  Liability 


4.1  We will not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of your use of the Website or in respect of any of your actions or omissions taken in reliance on any information contained on the Website or any Website to which the Website is linked.  



 

5  Disclaimer 


5.1  We have used reasonable care and skill in compiling the content of the Website but make no warranty, express or implied, as to the nature or accuracy of any material on the Website and cannot accept liability for any particular material on the Website or as a result of any use of or reliance placed upon information contained within the Website.  


5.2  We do not guarantee or warrant the Website will be uninterrupted, without delay, error-free, omission-free, or free of viruses.

 

6  Indemnity 


6.1  To the maximum extent permitted by law, you agree to indemnify and hold us harmless against any and all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other in proceedings, whatsoever incurred by us in respect of any claim by a third party arising from or connected to any breach by you of your obligations under the terms of use.  





7  Modifications to Website


7.1  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), and these terms of use with or without notice.  You agree that we shall not be liable to you or to any third party for any modifications, suspension or discontinuance of the Website.  



 

8  Privacy Policy 


8.1  We are concerned about your privacy and have developed a policy to address privacy concerns.  


8.2  We will only collect personal information where it is necessary to properly conduct its business.  The collection of information may be in person, during telephone conversations or in writing.  


8.3  We will not disclose personal information to a third party for marketing purposes.  Any personal information held by us is kept confidential however, if required, we may disclose personal information to third parties in certain situations where it is reasonable to.  Such instances might include, but are not limited to:

    

        8.3.1 Internal research, planning, accounting and administrative purposes;

    

        8.3.2. For any reasonable financial, auditing or quality compliance purposes; and

    

        8.3.3. Any situation that may be required by law.  



 

9  No unlawful or prohibited use


9.1  You agree not to use the Website for any purpose that is unlawful or prohibited by these terms of use, or the rules, guidelines or terms and conditions posted for a specific area of the Website provided on or through the Website.  


10  Termination of use


10.1  We may, in our sole discretion, at any time discontinue providing or limit access to the Website or any areas of the Website.  You agree that we may, in our sole discretion, at any time, terminate or limit your access to or use of the Website if you are determined to have breached the terms of use.  You agree that we will not be liable to you or any third-party for any termination or limitation of your access to or use of the Website.

 

11  Limitation of liability 


11.1  Except to the extent prohibited by law, we will not otherwise be liable to you for:

(a)    lost revenues, loss of profits, loss of business, or any incidental, indirect, consequential, special, or punitive damages of any kind or nature, including such damages arising from breach of these terms of use or use by you or by a third party of the Website, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), in equity or other, whether or not foreseeable, even if we have been advised or were aware of the possibility of such loss or damage; or

(b)    truth, accuracy, sequence, timeliness or completeness of any information provided by or processed by the Website, or for errors, mistakes or omissions therein or for any delays or interruptions in the operation of the Website.  



 

12  Governing law and jurisdiction 


12.1  The products, services and information mentioned on the Website are only available in New Zealand.  We do not accept responsibility for the compliance of the products, services and information mentioned in the Website with the laws of any other country.  Unless otherwise stated, all references to dollars are to New Zealand dollars.  


12.2  The Website is governed by New Zealand law and all users irrevocably submit to the exclusive jurisdiction of that law.

  



13  Copyright 


13.1  All content on the Website is copyrighted and may not be modified, reproduced or publicly displayed, performed or distributed or used for any public or commercial purposes.  You may use the information provided for your own personal and business activities and you may give copies to others if you acknowledge the source of the information.  You may not sell or exchange for value the information contained in the Website.