Terms & Conditions

These terms of use (together with the documents referred to in them) tell you the terms of use on which you may make use of our website www.thefittingroom.co.nz (our site), whether as a guest or a registered user, and also terms and conditions of being a customer shopping in our physical store. Use of our site includes accessing, browsing, registering to use our site, or shopping on it. Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of them for future reference. By using our site, and/or shopping in store, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.


The following terms also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

If you purchase products from our site, our Terms and Conditions of Supply (below) will apply to the purchase.

When you are entered into our customer database, you are automatically entered into our Loyalty Programme. Our Loyalty Programme Terms & Conditions will apply to your membership.

There may be special terms which apply to sale, or clearance items, current promotions or prize competitions. These will be outlined, where applicable, in our Delivery & Returns page, our Loyalty Programme Terms & Conditions, and where possible, on the specific product pages.

Changes to these terms: We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.


PRIVACY POLICY

This policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which any personal information we collect from you, or that you provide to us, will be processed by us. Please read this policy carefully to understand our views and practices regarding your personal information and how we will treat it. By visiting www.thefittingroom.co.nz (our site) and/or providing us with your personal information you are accepting and consenting to the practices described in this policy.

  • What personal information do we collect?
  • How do we use personal information?
  • Will we disclose the information with others?
  • Cookies
  • Security
  • What about links to other websites?
  • Email, text and phone communications
  • Updating your personal information
  • Policy Changes
  • Feedback

WHAT PERSONAL INFORMATION DO WE COLLECT?

You may give us information about yourself, such as your name, address, email address, and telephone numbers, and financial and credit card information, when, for example, you create an account online and/or make a purchase from us. If you do not give this information, we may not be able to provide goods or services to you.

When you visit our site we may collect more information, such as the address of your Internet service provider, the name of the web page directing you, and your clicks and activity on our site.

HOW DO WE USE PERSONAL INFORMATION?

We may use your personal information to process your transactions, to administer your account, for our own internal purposes (such as risk management, staff training and billing), to help us to develop our site to be more available and user friendly to our customers, and for any other use associated with such purposes or which you may authorise.

In addition, we may use the information to promote and market our products and services, or the products and services of others.

You always have the choice not to receive marketing information. For instructions on opting out, please see the section entitled, "How do I make choices about receiving promotional communications?" below.

WILL WE DISCLOSE THE INFORMATION WITH OTHERS?

We do not sell, trade, or rent your personal information to others.

However, we do need to share your personal information with third parties who perform services on our behalf, such as delivering packages, sending mail and emails, credit checking and processing payments. They will have access to your personal information needed to perform these services, but we will not authorise them to use your personal information for other purposes.

In addition, we may provide statistics, with personal identifiers removed, about our customers, users, sales, traffic patterns and related site functions to reputable third parties. We may use service providers to assist us to aggregate and anonymise this information, so that it does not include any information from which individuals can be identified. We do not consider this aggregated and anonymised information to be personal information and, accordingly, its use is not subject to this policy.

We may also disclose your personal information under such disclosure as required by law.

COOKIES

Our site uses a technology called cookies. A cookie is a small element of data that our website may send to your computer. Any such cookie is typically stored on your computer's hard drive and permits our website to recognise you when you return. Our use of cookies helps us to provide you with a better experience during your use of our site including by allowing us to understand what areas of our site are of interest to you.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

We may use any one or more of the features of Google Analytics (including the features of Universal Analytics) from time to time. The information we collect from Google Analytics will be collected, stored, used and disclosed in accordance with this Privacy Policy.

The information may be used to serve you ads in relation to our products when you visit our website and third party websites. You can access information about Google's Privacy Policy at http://www.google.com/intl/en/policies/privacy/.

While we recommend that users enable cookies on their browsers in order to enjoy all the features of our website, the decision remains in the hands of the individual. Most browsers allow you to control management of cookies, this will be different depending on each user's PC - refer to your browser help menu for further information. You can opt out of Google Analytics by downloading the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.SECURITYWe take security seriously, and have taken steps to ensure your personal information is secure. We use secure servers and industry standard data encryption whenever we are receiving or transferring your information online. However, we accept no responsibility for any loss, misuse, unauthorised access or disclosure, alteration or destruction of personal information which you submit to us.

WHAT ABOUT LINKS TO OTHER WEBSITES?

Our site may contain links to other websites that are not under our control. These websites have their own privacy policies, and we encourage you to review them.

EMAIL, TEXT & PHONE COMMUNICATIONS

We will not use your personal information to promote and market our products and services or the products and services of others, by email (except as part of an email which facilitates, completes or confirms a transaction with you) unless we have your express, inferred or deemed consent to do so. Because we are committed to full compliance with applicable laws regarding unsolicited electronic messages, these emails will always include an "unsubscribe facility". Further, if you do not wish to receive them, you can update your records on our site, contact us through our site, or email us at support@thefittingroom.co.nz.Once you have unsubscribed from our email communications, we will remove you from the corresponding marketing list as soon as reasonably practicable.

UPDATING YOUR PERSONAL INFORMATION

You may obtain confirmation from us as to whether or not we hold personal information about you. You may also request a copy of the information and/or request that corrections or changes are made to it. This will be completed as soon as practically possible, and in a maximum of 20 days. You can make changes to your personal information on our site, or by contacting us through our site or emailing us at support@thefittingroom.co.nz.

POLICY CHANGES

We may change this policy from time to time and will notify you by posting an updated version on our site. This document represents our Privacy Policy as at 1 July 2016.

FEEDBACK

We welcome your questions and comments about privacy. Please contact us through our site or email us at support@thefittingroom.co.nz.


TERMS OF WEBSITE USE

TRADEMARKS

The Fitting Room is a registered trademark of Interlace Ltd in New Zealand and other countries. Interlace Ltd is a New Zealand owned company, Companies Registration #1905219. www.thefittingroom.co.nz is operated by Interlace Ltd. Other product and company names mentioned on our website may be the trademarks or registered trademarks of their respective owners.

COPYRIGHT

Our website design, text and graphics are owned by Interlace Ltd and reproduction of any of these without our prior written permission is strictly prohibited.

CHANGES TO OUR SITE

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT & PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us through our contact page or at support@thefittingroom.co.nz

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

LIMITATION OF OUR LIABILITY

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of Supply.

VIRUSES

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under the Crimes Act 1961. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

THIRD PARTY LINKS & RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

APPLICABLE LAW

Please note that these terms of use, their subject matter and their formation, are governed by New Zealand law. You and we both agree to that the courts of New Zealand will have non-exclusive jurisdiction.


TERMS & CONDITIONS OF SUPPLY

This section together with our Privacy Policy and Terms of Website Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were adopted on 1 July 2016, and have not been updated since then.

1.  Our Products

  • 1.1.  The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

  • 1.2.  All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.

2.  Use of our site

Your use of our site is governed by our Terms of Website Use. Please take the time to read them, as they include important terms which apply to you.

3.  How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read it, as it includes important terms which apply to you.

4.  Age

You may only purchase Products from our site if you are at least 18 years old.

5.  How the Contract is formed between you and us

  • 5.1.  Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
  • 5.2.  After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
  • 5.3.  We will confirm our acceptance to you by sending you an email that confirms that the Product(s) have been shipped (New Shipment). The Contract between us will only be formed when we send you the Shipping Confirmation.
  • 5.4.  If we are unable to supply you with a Product, for example because the Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by email and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible.

6.  Our right to vary these Terms

  • 6.1 We may revise these Terms from time to time including, in particular, to reflect changes in:

    • (a) how we accept payment from you;

    • (b) our delivery arrangements; and

    • (c) relevant laws and regulatory requirements.

  • 6.2.  Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

  • 6.3.  Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

7.  Right of return

Details of your right to return Products are set out in our Returns Policy.

8.  Delivery

  • 8.1.  We will endeavour to deliver the Products classified as 'Buy Now' within five working days from the date of your order if the product is in stock in store. If the product was classified as 'Order Now' we will endeavor to deliver the product within 3-4 weeks from the date of your order. Selected brands may take 6+ weeks to arrive, please see the specific delivery information on the relevant product page to determine how long your order will take to arrive, before purchasing. If we anticipate we will be unable to meet this delivery date, we will contact you with a revised delivery date and you may, if you wish, cancel your order and receive a full refund.

  • 8.2.  Most items shipped within New Zealand will be delivered by Courier Post, using non-signature tracked delivery. The Dispatch Confirmation will include the Track & Trace reference number for the package containing your Product. You will be able to track delivery of the package through the Courier Post website. Some larger items may be delivered using Fastway Couriers non-signature tracked delivery, and international parcels by New Zealand Post International Air with signature required. These are also tracked.

  • 8.3.  Delivery will be completed when the Products are delivered to the address you gave us.

  • 8.4.  If no one is available at your New Zealand address to take delivery. Courier Post will leave the item in your letterbox, or doorstep. If you prefer they deliver to an alternative postal address such as your work address, please advise us at the time of order.

  • 8.5.  The Products will be your responsibility from the completion of delivery.

  • 8.6.  You own the Products once we have received payment in full, including all applicable delivery charges.

9.  No international delivery except for Australia.

  • 9.1.  We are able to deliver anywhere in New Zealand.

  • 9.2.  International delivery is only available through our site to Australia. Deliveries to any other country may be organised through communication with our customer services team. Contact us through our site, via email or phone. The Fitting Room reserves the right to increase the postage price to account for administrative fees in processing an international purchase.

  • 9.3.  International deliveries are not subject to the same domestic delivery time frame stipulated in these terms and conditions.

10.  Price of Products and delivery charges

  • 10.1.  The prices of the Products will be as quoted on our site from time to time. All prices are displayed in New Zealand dollars. We take all reasonable care to ensure that the prices of the Products are correct at the time when the relevant information was entered on to the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.

  • 10.2.  Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

  • 10.3.  The price of a Product includes GST at the applicable current rate chargeable in New Zealand for the time being. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Products in full before the change in GST takes effect.

  • 10.4.  The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery & Returns Information page.

  • 10.5.  Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing, which will be emailed to you. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

  • 10.6 Please note that the prices of Products on our site may be different from our prices for them in store. For example, some of our sales promotions will only be available online, or only in store.

11. How to pay

  • 11.1.  You can pay for Products online through DPS PxFusion. We accept MasterCard, Visa & Visa Debit. Unfortunately, we are not able to accept gift vouchers or loyalty points as payment online.

  • 11.2.  Payment for the Products and all applicable delivery charges is in advance, at the time you place your order.

12  Our liability to you

  • 12.1.  If we fail to comply with these Terms, we are not responsible for any loss or damage that is not foreseeable.

  • 12.2.  We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • 12.3.  We do not in any way exclude or limit our liability under the Consumer Guarantees Act 1993.

13.  Events Outside Our Control

  • 13.1.  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

  • 13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

  • 13.3.  If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

    • (a) we will contact you as soon as reasonably possible to notify you; and

    • (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

    • (c) Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.  Communications between us

  • 14.1.  If you wish to contact us for any reason, you can send this to us using the contact page on our site or by email support@thefittingroom.co.nz or prepaid post to us at 207 Fendalton Road, Fendalton, Christchurch 8025, New Zealand; or, via phone on 0800 GR8 FIT (0800 478 348) or 03 351 9244.

  • 14.2.  If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provide us in your order.

15.  Other important terms

  • 15.1.  We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

  • 15.2.  You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

  • 15.3.  This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

  • 15.4.  Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

  • 15.5.  If we fail to insist that you perform any of your obligations under these Terms, or we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

  • 15.6.  Please note that these Terms are governed by New Zealand law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by New Zealand law. You and we both agree that the courts of New Zealand will have non-exclusive jurisdiction.


CONTACT US

To contact us, please use our contact page. You can call our store on 0800 GR8 FIT (0800 478 348), or 03 351 9244.


 Thank you for visiting our site.