Terms of service
OVERVIEW
This website is operated by Little Tide. Throughout the site, the terms “we”, “us” and “our” refer to Little Tide.
Little Tide offers this website, including all information, products, services and tools available through this site, subject to your acceptance of these Terms of Service.
By visiting our website and/or purchasing something from us, you agree to be bound by these Terms of Service, together with any additional policies referenced on our website.
Please read these Terms carefully before using our website or placing an order.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or other applicable New Zealand consumer law where those rights cannot lawfully be excluded or restricted. New Zealand consumer law applies to purchases from businesses trading in New Zealand, and the Consumer Guarantees Act generally cannot be contracted out of for ordinary consumer purchases.
SECTION 1 — ACCESS AND ACCOUNT
By using this website, you confirm that you are legally able to enter into a binding agreement in your jurisdiction.
You may need to provide information including your email address, billing details, payment information and shipping address when placing an order.
You agree that the information you provide is current, complete and accurate and that you are responsible for maintaining the security of your account information.
You may not use our website or products for any unlawful or unauthorised purpose.
SECTION 2 — OUR PRODUCTS
We take reasonable care to display and describe our products as accurately as possible.
Colours and product appearance may vary slightly depending on your device, screen settings, photography and lighting.
All product descriptions, prices and availability are subject to change without notice.
We reserve the right to discontinue products or limit quantities where reasonably necessary.
Nothing in this section limits your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. Products sold to New Zealand consumers must, among other applicable guarantees, be of acceptable quality, match their description and be fit for their intended purpose.
SECTION 3 — ORDERS
When you place an order with Little Tide, you are offering to purchase the products in your order.
We reserve the right to accept, decline or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- there has been an obvious pricing or listing error;
- we suspect fraudulent or unauthorised activity;
- we are unable to fulfil the order; or
- shipping to the supplied address is unavailable.
If we cancel an order after payment has been taken, we will refund the applicable amount to your original payment method.
Please check your order details carefully before completing your purchase.
Pre-orders
Products marked PRE-ORDER are not currently ready for immediate dispatch.
An estimated dispatch date will be displayed on the relevant product page and/or during the ordering process. This date is an estimate and may change due to circumstances outside our reasonable control.
If there is a significant delay to your pre-order, we will contact you using the details provided with your order.
Pre-orders may be cancelled for a full refund at any time before dispatch.
Once a pre-order has been dispatched, our standard return and refund policy applies.
SECTION 4 — PRICES AND PAYMENT
Unless otherwise stated, prices displayed on our New Zealand store are in New Zealand dollars (NZD).
Shipping charges and any other applicable costs will be displayed before you complete checkout.
We may change our prices at any time, but price changes will not affect orders that we have already accepted unless required by law or agreed with you.
You agree to provide accurate and complete payment information.
Payments are processed through the payment methods made available at checkout.
SECTION 5 — SHIPPING AND DELIVERY
We currently offer shipping within the areas displayed at checkout.
Available shipping methods, charges and estimated delivery timeframes will be shown during checkout.
Delivery estimates are provided in good faith but are not guaranteed delivery dates unless expressly stated otherwise.
Pre-order products will be dispatched according to the estimated dispatch timeframe displayed for that product.
Once your order has been dispatched, you may receive tracking information where available.
Little Tide remains responsible for meeting its obligations under applicable New Zealand consumer law in relation to delivery. The Consumer Guarantees Act includes a guarantee concerning delivery, and Consumer Protection specifically states that the seller is responsible for ensuring an online purchase arrives.
Please contact us at hello@littletide.co.nz if your parcel is significantly delayed, lost or arrives damaged.
Further information is available in our Shipping Policy.
SECTION 6 — RETURNS AND REFUNDS
Returns, exchanges and refunds are handled in accordance with our Return and Refund Policy and applicable New Zealand consumer law.
We are not required to provide a refund solely because you have changed your mind unless our Return and Refund Policy provides otherwise.
However, this does not affect any rights you have where a product is faulty, unsafe, does not match its description, is not of acceptable quality, or otherwise fails to meet a guarantee under applicable consumer law. Consumer Protection confirms that change-of-mind purchases are treated differently from situations where statutory consumer guarantees have not been met.
SECTION 7 — WATER SAFETY AND PRODUCT USE
Little Tide products must be used in accordance with any instructions, warnings and age or size recommendations supplied with the product.
Children must be actively supervised by a capable adult at all times when in or around water.
Our products are not a substitute for active adult supervision or appropriate water-safety practices.
Where a product carries specific safety instructions or warnings, you are responsible for reading and following those instructions before use.
Nothing in this section limits any rights you may have under applicable New Zealand consumer law.
SECTION 8 — INTELLECTUAL PROPERTY
The content available through this website, including our branding, logo, photographs, graphics, product descriptions, designs, text and other original material, is owned by or licensed to Little Tide unless otherwise stated.
You may use the website for your personal, non-commercial use.
You may not reproduce, distribute, sell, modify or commercially exploit our content without our prior written permission, except where permitted by law.
SECTION 9 — THIRD-PARTY TOOLS AND LINKS
Our website may provide access to services, tools or links operated by third parties.
We are not responsible for third-party websites or services that we do not own or control.
Your use of a third-party service may also be subject to that provider's own terms and privacy policies.
SECTION 10 — SHOPIFY
Little Tide uses Shopify to power our online store.
Shopify provides the ecommerce infrastructure that allows us to offer our products and services to you. However, purchases made through our store are transactions between you and Little Tide.
Your information may be processed by Shopify and other service providers involved in operating our store and processing your order, as further described in our Privacy Policy.
SECTION 11 — PRIVACY
Your personal information is handled in accordance with our Privacy Policy.
By using our website, you acknowledge that information may be collected, used and processed as described in that policy.
SECTION 12 — REVIEWS, FEEDBACK AND SUBMISSIONS
If you voluntarily submit a review, photograph, comment, suggestion or other content to us, you confirm that you have the right to provide that material.
You must not submit content that is unlawful, abusive, misleading, defamatory, obscene, infringes another person's rights, or contains malicious software.
We may remove content from our website or channels where reasonably necessary.
SECTION 13 — ERRORS AND INACCURACIES
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, availability, pricing, promotions, shipping or other information.
We may correct genuine errors and update information where appropriate.
Nothing in this section allows Little Tide to engage in misleading or deceptive conduct or overrides your rights under the Fair Trading Act 1986. The Act prohibits misleading conduct and false or misleading representations by businesses.
SECTION 14 — PROHIBITED USES
You must not use our website:
- for unlawful purposes;
- to violate another person's rights;
- to transmit malicious code;
- to attempt to interfere with the security or operation of the website;
- to collect another person's personal information unlawfully;
- to engage in fraudulent activity; or
- in any way that violates applicable law.
We may restrict access to our website where reasonably necessary to protect Little Tide, our customers or our systems.
SECTION 15 — WARRANTIES AND CONSUMER RIGHTS
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy available to you under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable law where doing so would be unlawful.
Where the Consumer Guarantees Act applies, our products are subject to the guarantees provided by that Act.
To the maximum extent permitted by law, Little Tide does not provide additional warranties beyond those expressly stated by us or required by law.
SECTION 16 — LIMITATION OF LIABILITY
To the maximum extent permitted by law, Little Tide will not be responsible for losses that are indirect or were not reasonably foreseeable as a result of our breach of these Terms.
However, nothing in these Terms excludes or limits liability, rights or remedies where such exclusion or limitation is prohibited by New Zealand law, including applicable rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
SECTION 17 — INDEMNIFICATION
To the extent permitted by law, you agree to be responsible for losses reasonably incurred by Little Tide arising directly from your unlawful use of our website or material breach of these Terms.
Nothing in this section limits rights or protections that cannot lawfully be excluded.
SECTION 18 — SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.
The remaining provisions will continue to apply.
SECTION 19 — WAIVER
If we do not immediately enforce a provision of these Terms, this does not mean we have waived our right to enforce it later.
SECTION 20 — ENTIRE AGREEMENT
These Terms, together with the policies referenced on our website, form the agreement between you and Little Tide in relation to your use of our website and purchases from us.
Nothing in these Terms overrides rights that cannot lawfully be excluded.
SECTION 21 — ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our consent.
We may transfer our rights or obligations where reasonably necessary as part of operating, restructuring or transferring our business, provided doing so does not unlawfully reduce your rights.
SECTION 22 — GOVERNING LAW
These Terms are governed by the laws of New Zealand.
Nothing in this section prevents you from exercising rights available to you under applicable consumer law.
SECTION 23 — HEADINGS
Headings are included for convenience and do not affect the interpretation of these Terms.
SECTION 24 — CHANGES TO THESE TERMS
We may update these Terms from time to time, including to reflect changes to our business, website, products or applicable laws.
The version published on our website will be the current version.
Changes will apply from the date they are published unless otherwise stated and will not retrospectively remove rights that have already arisen.
SECTION 25 — CONTACT INFORMATION
Questions about these Terms can be sent to:
Little Tide
Email: hello@littletide.co.nz
Website: www.littletide.co.nz
New Zealand