General Terms & Conditions

The following terms apply to your use of our site

Our Privacy Policy 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 warrant that all data you provide is accurate.

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

There may be special terms which apply to sales, clearance items, current promotions or prize competitions. These will be outlined, where applicable, on the following Pages: Sale Terms and Conditions, Delivery & Returns; 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.

TERMS OF WEBSITE USE

Trademarks

The Fitting Room is a registered trademark of Interlace Limited (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 However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.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 username, 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 username 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 username or password, you must promptly notify us.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights on 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, or place above that given by a medical professional. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed 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 expressed 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: the 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 to 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site, or right to privacy will cease immediately.

Third-party links & resources on 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 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 (above) 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. Existing customers will be notified by email (if expressed permission is given). Please check these Terms to ensure you understand the terms that will apply at that time. These Terms were adopted on 1 November 2021.

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. How the Contract is formed between you and us

4.1 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.

4.2 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 4.3.

4.3 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.

4.4 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 9.5, 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.

5. Our right to vary these Terms

5.1 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.

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

5.3 Whenever we revise these Terms in accordance with this clause 5, 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.

6. Right of return

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

7. Delivery

7.1 We will endeavour to complete delivery (arrival of the product at your address) of Products classified as 'In stock' within seven working days from the date of your order. If the Product was classified as 'Available on Backorder' we will endeavour to dispatch the product within 2-4 weeks from the date of your order. Selected Products may take 4+ 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.

7.2 Most items shipped within New Zealand will be delivered by NZ Post, using non-signature tracked delivery. The Shipping Confirmation e-mail will include the Tracking reference number for the package containing your Product. You will be able to track the delivery of the package through the NZ Post website. International parcels will be delivered by NZ Post International Economy + Tracking.

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

7.4 If no one is available at your New Zealand address to take delivery. NZ 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.

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

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

8. No international delivery except for Australia.

8.1 We are able to deliver anywhere in New Zealand.

8.2 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 by phone. The Fitting Room reserves the right to increase the postage price to account for administrative fees in processing an international purchase.

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

9. Price of Products, and delivery charges

9.1 The prices of the Products will be as quoted on our site. 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 into the system. However, if we discover an error in the price of a Product(s) you ordered, please see clause 9.5 for what happens in this event.

9.2 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.

9.3 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.

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

9.5 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 mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

9.6 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.

9.7 An Order placed in a store where the Product is not in stock at the time, will not incur a postage fee provided that the Product is paid for in full at the time. If the Product is not paid for in full, postage and handling will be charged.

10. How to pay

10.1 You can pay for Products online through DPS Payment Express. We accept MasterCard, Visa & Visa Debit. The Fitting Room Gift Cards are also redeemable online - one Gift Card per order. Unfortunately, we are not able to accept the old-style card Gift Vouchers as payment online.

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

10.3 An Order placed in a store where the Product is not commonly stocked, will need to be authorised by a Retail Manager and incur a $25 refundable deposit as a holding fee. Should you choose to not complete the purchase or the item is unable to be sourced, the deposit will be refunded. The Fitting Room will contact you via phone or email to arrange the collection of your deposit.

11. Our liability to you

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

11.2 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.

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

12. 'Events Outside Our Control'

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

12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts 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 disasters, or failure of public or private telecommunications networks.

12.3 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 the 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.

13. Communication between us

13.1 If you wish to contact us for any reason, you can send this to us using the following methods:

• Contact page
• support@thefittingroom.co.nz
• Colombo Street Store:
  Mail delivered to 360 Colombo Street, Sydenham, Christchurch 8053, New Zealand.
  03 374 6391.
• Fendalton Road Store:
  Mail delivered to Fendalton Road, Fendalton, Christchurch 8025, New Zealand.
  03 351 9244
  
• Wellington City Store:
  Mail delivered to 188 Featherston Street, Wellington City, Wellington 6011, New Zealand.
• Free phone 0800 GR8 FIT - 0800 478 348.

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

14. Other important terms

14.1 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.

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

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

14.4 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.

14.5 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 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.

14.6 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.