(New Zealand)
Welcome to Mode & Opal (“we”, “us”, “our”). Mode & Opal Limited operates this website and online store, including all information, content, tools, and services offered through it (collectively, the “Services”).
By using our website, you agree to these Terms of Service (“Terms”) and our Privacy Policy. Please read them carefully. They explain your rights and obligations when using our Services. If you don’t agree, you must not use our site.
Our store is powered by Shopify Inc., which provides our e-commerce platform.
Access and Accounts
You must be at least 18 years old (or the legal age of majority where you live) to use our Services.
You agree to provide accurate, current, and complete information when placing an order or creating an account, and to keep your login details secure. You’re responsible for all activity that occurs under your account.
Our Products
We make every effort to describe and display our products accurately, but colours and finishes may vary depending on your screen and lighting.
All descriptions, pricing, and availability may change at any time without notice. We may limit quantities, discontinue items, or refuse orders where necessary.
Product Care: Please use products only as intended and follow any cleaning or care instructions provided. Improper use may affect performance or warranty rights.
Orders
Placing an order is an offer to buy a product from us. We accept your order only once payment is received and we send confirmation by email.
We may cancel or refuse orders for reasons such as stock unavailability, suspected fraud, or error.
All purchases are subject to our Refund Policy.
Products are sold for personal use only and not for resale or export.
Prices, Payment, and Billing
All prices are shown in New Zealand Dollars (NZD) and include GST unless stated otherwise. Shipping costs are calculated at checkout.
You agree to provide valid and up-to-date payment details. If payment is declined, your order may be cancelled.
Shipping and Delivery
Delivery timeframes are estimates only. Once goods are handed to the courier, risk and ownership pass to you.
We’re not responsible for delays caused by couriers, customs, or events beyond our control.
Your rights under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA) always apply.
Consumer Rights and Refunds
Nothing in these Terms affects your rights under New Zealand law.
If a product is faulty, not of acceptable quality, or doesn’t match its description, you’re entitled under the CGA to a suitable remedy: repair, replacement, or refund.
For change-of-mind returns or exchanges, please see our Refund Policy for details.
Intellectual Property
All content, trademarks, and materials on our website belong to Mode & Opal Limited or are used under licence.
You may not reproduce, distribute, or use our content for commercial purposes without written permission.
Third-Party Tools and Links
Our website may include links or integrations with third-party sites or tools.
We don’t control or endorse these and aren’t responsible for their content or actions. Use them at your own risk.
Relationship with Shopify
Mode & Opal Limited uses Shopify Inc. to power our online store. Shopify isn’t a party to your purchase; all sales occur solely between you and Mode & Opal.
Privacy
We handle your personal information in accordance with the New Zealand Privacy Act 2020 and our Privacy Policy.
Shopify may also process data under its own privacy terms. By using our Services, you consent to this processing.
Feedback
We value your feedback. By submitting suggestions or reviews, you grant us permission to use them for business or marketing purposes without obligation to compensate you.
You confirm your feedback doesn’t infringe anyone’s rights or contain unlawful content.
Errors and Inaccuracies
Sometimes our site may contain errors or omissions, such as incorrect prices or descriptions.
We reserve the right to correct these at any time, including after you’ve placed an order.
Prohibited Use
You agree not to:
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Use our site for unlawful or fraudulent purposes;
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Upload viruses or malicious code;
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Misrepresent your identity; or
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Infringe on others’ intellectual-property or privacy rights.
We may suspend or terminate access if these Terms are violated.
Termination
We may suspend or terminate your access at any time without notice if you breach these Terms.
Sections covering intellectual property, limitation of liability, indemnification, and governing law remain effective after termination.
Disclaimer of Warranties
Except as required by New Zealand law (including the CGA and FTA), our Services and products are provided “as is” without warranties of any kind, whether express or implied.
Limitation of Liability
To the fullest extent permitted by law, Mode & Opal Limited, its directors, employees, and affiliates are not liable for indirect, incidental, or consequential loss arising from your use of the Services or products, except as required under the CGA.
Nothing in these Terms limits liability for death, personal injury, fraud, or any rights you have under consumer law.
Indemnity
You agree to indemnify and hold harmless Mode & Opal Limited and its affiliates from any loss or claim arising from your breach of these Terms or violation of applicable law.
Severability
If any part of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.
Waiver and Entire Agreement
Failure to enforce any part of these Terms doesn’t waive our rights.
These Terms, together with our policies, form the entire agreement between you and Mode & Opal.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our written consent.
We may assign or transfer our rights or obligations at any time without notice.
Governing Law
These Terms are governed by the laws of New Zealand. Any disputes will be handled exclusively by the New Zealand courts.
Changes to These Terms
We may update these Terms from time to time. If changes are material, we’ll post the new version on our website and notify you if required.
Your continued use of our Services means you accept the updated Terms.
Contact Us
Questions about these Terms?
Email: hello@modeandopal.co.nz
Address: Mode & Opal Limited, 2A Moreland Avenue, Pukete, 3200
Company Number / NZBN: 9429053042859
