- We will endeavour to provide you with access to our Website 24 hours a day, 7 days a week, except for upgrades and maintenance times. However, we do not warrant that access to our Website or that the functions contained in any content or any public interface or user access to our Website will be uninterrupted or error-free, that any defects will be corrected or that our Website or the server which stores and transmits content to you are free of viruses or other harmful components. We do not guarantee continuous, uninterrupted or secure access to our services and operation of our Website may be interfered with by numerous factors outside our control.
- The information contained on our Website is provided by us in good favour on an “as is” basis. However, we make no representation or warranty as to the reliability, accuracy or completeness of the information contained on our Website.
- To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations in connection with our Website and our Goods are expressly excluded.
- In no event will we, including our agents, employees or contractors, be liable for any indirect or consequential loss or damages including without limit, loss of profits, loss of revenue, loss of business, loss of production, loss of data, loss of opportunity or goodwill, corruption of data or software, equipment failure or damage, security breach, network intrusion, network downtime or business interruption however caused in connection with our Website.
- We own all intellectual property rights in the content of our Website to the extent that such content has been prepared and posted to our Website by us, including without limitation, the copyright in all photographs of our Goods displayed on our Website and the copyright in the catalogues which are displayed on our Website. We also own the copyright and the source code and object code in the software supporting and operating our Website.
- You are provided with access to our Website only for your personal and non-commercial use. You may not in any form or by any means:
- Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of our Website; or
- Commercialise any information or goods obtained from any part of our Website without our written permission.
- You must not copy, reverse engineer, decompile or otherwise reproduce any part of our intellectual property by any means or in any form without our prior written consent.
- Except as expressly permitted by these terms & conditions or by us in writing, you may not use or copy any trademark, tradename, servicemark, logo, symbol or other intellectual property rights owned by us without our prior written approval.
- Nothing in these terms & conditions grants you any title, right or interest in our intellectual property.
- These terms & conditions are incorporated by implication into all contracts between us and you and also in connection with your use of our Website.
- If any part of these terms & conditions is held to be void or unlawful, these terms & conditions will be read and enforced as if the void or unlawful provision has been deleted.
- If we sell our business and/or our intellectual property rights relating to our Website, you agree that we may transfer to the buyer your personal information.
Privacy & Personal Information
- You may ask us to provide you with access to the personal information that we hold about you, unless there is an exception which applies under the Privacy Act. We will deal with any request from you to obtain access to your personal information within a reasonable time. If we refuse to provide you with access to your personal information, we will provide you with reasons for the refusal.
- If you wish to gain access to your personal information or if you have any questions about how your personal information is collected or used, please contact us. Phone: +64 (07) 281 1509; or email: firstname.lastname@example.org.
- You may ask us to remove your personal information from our database by notice in writing to the contact details referred to above.
- We will, in general, collect your personal information directly from you. For example, we may collect your personal information when you deal with us over the telephone, send us correspondence (including letters, faxes and emails) or when you register on our website. Generally, the type of personal information that we collect includes your name, mailing address, telephone number/s and email address and date of birth.
- You consent to us communicating with you (including by email) for the above purposes and in relation to sale of our Goods, orders you place for our Goods and other information in connection with our Goods (eg: new ranges of goods and catalogues). We do not disclose your personal information we collect to third parties for the purpose of allowing them to direct market their products and services.
- In addition to the above, our web server may log details about any computer used by you to access our Website. In addition, our Website may store cookies on the web browser of your computer in order to better serve you upon your subsequent visits to our Website.
- We protect your personal information from unauthorised access, modification and disclosure. We store your personal information either in hard copy form or as electronic data in our IT systems. We maintain physical security over our hard copy and electronic data, such as locks and security systems. We also maintain computer and network security, for example, by using firewalls and other security systems such as user identifiers and passwords to control access to our computer system.
From time to time this website may include links to other websites. These links are provided for your convenience only. Link Wholesale 2009 Ltd has not reviewed all of the websites linked to this website and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Link Wholesale 2009 Ltd. Use of the linked website is at your own risk.
“Agreement” means the terms and conditions that apply to the use of the website
“Evolve” means Link Wholesale 2009 Ltd
“Product/s” means the product that is specified on your order
“The website” means internet website with the URL www.evolve-jewellery.com
“You/your” means the user of the website
“We/us/our” means Link Wholesale 2009 Ltd
Consumer Customers Order and Payment
- Each order placed by you via our Website is an offer to purchase the product(s) selected by you in your Website shopping cart for the price (including delivery and other charges and taxes) specified on our Website at the time you place your order.
- Payment can be made by credit card only. We accept Visa and MasterCard. You warrant that you are an authorised user of the credit card used to complete payment.
- All orders placed through our Website will be confirmed by us by email. We reserve the right to reject your offer for any reason including, without limitation, the unavailability of any product, or an error in price or in your order, and to refund any payment made by you, at any time prior to dispatch.
- We reserve the right to limit the quantity of products we agree to sell to you, in our absolute discretion. It is an essential term of this agreement that you do not resell our products to a third party. Customers wishing to be a stockist of Evolve products should contact us directly for more information on how to become an Evolve reseller.
- Orders must be paid in full at the time of placing your order via our Website. All prices listed on our Website are in New Zealand Dollars (NZD) and must be paid in NZD. If you are ordering from outside New Zealand the charge to your card will be in NZD and your bank or credit card provider will determine the current exchange rate when you complete the transaction. We take no responsibility for the final amount charged to your credit card, including any bank fees charged. Contact your bank or credit card provider for details.
- Prices displayed on the Website are inclusive of GST applied at the rate of 15%. You are responsible for any other taxes, duties or other liabilities imposed by any government agency, including without limitation any customs duty, goods and services taxes or any value added tax imposed on any product or service acquired or ordered by you via our Website.
- Prices are current at the time of display on our Website, but may change at any time and all orders are subject to availability of products in stock.
- All orders are subject to acceptance by Link Wholesale 2009 Ltd. Link Wholesale 2009 Ltd is not bound to accept any order. No order can be cancelled or varied by you once accepted by Link Wholesale 2009 Ltd.
- If Products ordered are temporarily unavailable you will be contacted within 3 business day to be advised of the delay.
- When purchasing 9 carat gold online, we may need to get your order verified with either a drivers licence or printed utility bill showing name and proof of address.
Order Confirmation and Tracking
- After ordering online, you will receive an email confirmation containing your order details. A confirmation email will also be sent when your order is dispatched.
- Products will be sent to your address nominated by you as part of the check-out process on our Website. You are responsible for ensuring that your nominated address details are correct.
- Evolve is not responsible for any products lost in transit.
- Deliveries may be totally or partially suspended during any period in which we or our carriers may be prevented or hindered from delivering by any circumstances outside of our reasonable control, including but not limited to strikes, lock-outs, stock shortages, accidents, breakdowns of plant or machinery, storms, adverse weather, pandemics or epidemics, acts of public authorities, floods and other acts of God.
Minor discrepancies in Products
You acknowledge that:
- Our Products are manufactured overseas and the majority of them are manufactured by hand; and as such, there may be minor discrepancies between:
- The visual appearance of our Products as shown on our Website, our other promotional materials and as delivered to you; and
- Individual units comprising the same Product;
- The size of our Products as ordered and the size of the Products as delivered (in particular ring sizes);
- Certain Products comprise components which are particularly delicate such as clasps and earring hooks and posts;
- Our Products require special care and storage in accordance with our Care Instructions published on our Website;
- All such minor discrepancies are not defects and you release us from all liability in relation to any such minor discrepancies and you further agree that you will make no claims against us in respect of any such minor discrepancies.
- Link Wholesale 2009 Ltd uses the Paystation Payment Gateway for its online credit card transactions. Paystation processes online credit card transactions for hundreds of New Zealand merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the Paystation gateway are secured payments:
- Payments are fully automated with an immediate response.
- Your complete credit card number cannot be viewed by Link Wholesale 2009 Ltd or any outside party.
- Paystation have bank grade security. All transaction details are stored in their PCI-DSS compliant Data Centre
- Paystation at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by Link Wholesale 2009 Ltd
- The Products on our Website are only available for sale to individuals who can make legally binding contracts. Our Products are not available to persons under the age of 18 years or any other persons who are legally prohibited from entering into binding contracts.
1. The website is governed by New Zealand law.