1. Definitions
1.1. In these Terms:
Customer and you means you, the person who purchases Products from the Supplier.
Products means fabric and other products supplied by the Supplier to the Customer.
Website means our website, www.jellybeanjean.co.nz.
Supplier, JellyBeanJean, we, our and us means JellyBeanJean Limited.
2. Application of Terms
2.1. These terms of trade ( Terms) together with our Privacy Policy and Website Terms of Use
constitute the legal terms and conditions on which we supply Products to you.
2.2. By clicking the "I Accept" button when placing an order, you accept these Terms.
3. Orders
3.1. You may order Products through our Website.
3.2. The minimum quantity of fabric which may be ordered is 20cm with 10cm increments
thereafter.
3.3. The colour and appearance of fabric on our Website cannot be guaranteed due to elements
beyond our control such as variances in computer monitor settings. We will do our best to
accurately describe our fabric on our Website. However, if you are unsure whether the fabric
is what you want please contact us and we will send you a small sample of the fabric
(approximately 3cm x 3 cm) free of charge.
3.4. Products are subject to availability. Our Website provides information on the meterage
available for each Product.
3.5. An agreement relating to the Products will only be formed when you receive a confirmation
email from us accepting your order. You cannot cancel an order once it has been accepted
by us, unless we agree in writing.
4. Price
4.1. The prices for our Products are listed on our Website.
4.2. Delivery costs are listed on our Website and will be included in the total price of your order.
4.3. All prices are in New Zealand dollars and are inclusive of goods and services tax.
5. Payment
5.1. When placing an order you will be directed via a secure connection to PayPal, where you will
be required to provide information to complete payment.
5.2.Once the transaction is complete PayPal will issue you with a receipt number and you will be
redirected back to our Website.
6. Delivery and Risk
6.1. We will endeavour to dispatch the Products to the physical address supplied by you as soon
as possible once your order is completed. Note: we cannot deliver to PO Box numbers.
6.2. If we provide you with an estimated delivery date, we will not be liable for any loss or damage
suffered by you or any other person for failure to deliver the Products by that date.
6.3. Risk of any loss or damage to the Products passes to you once the Products have been
delivered to the address supplied by you.
7. Returns and Refunds
7.1. Nothing in these Terms is intended to limit our obligations under the Consumer Guarantees
Act 1993 ( Consumer Guarantees Act).
7.2. If you are a consumer as defined under the Consumer Guarantees Act, we provide
guarantees regarding the quality, description and fitness for purpose of the Products we
supply to you. If you have concerns about the Products then you should notify us of those
concerns via the contact information on our Website.
7.3. If you are a business and you are acquiring the Products for the purposes of your business,
then you agree that the Consumer Guarantees Act will not apply in relation to the supply of
Products to you.
7.4. Please ensure you carefully check your order before placing it. Fabric is cut to measure.
Therefore, we do not offer refunds or exchanges if the Product you have ordered from us is
fabric and you have placed an incorrect order or changed your mind.
7.5. If the Product you have purchased is a dress, we will accept a return of the dress for any
reason within seven days of receipt so long as it is sent back to us in its original condition,
unworn (except to try on), unwashed, and with proof of purchase provided. We will provide
you with a refund of the price paid for the dress if these requirements are met. Return
postage costs are to be met by you.
7.6. In the unlikely event that we have sent you the incorrect Product or the Product is faulty, we
will replace the Product at no charge. If we are unable to do this because the Product is no
longer available we will refund the price paid by you, including the delivery cost. We require
you to provide proof of purchase before accepting your claim. All claims in relation to
incorrect or faulty Products must be made within 30 days of purchase.
7.7. Neither you nor us will be liable for any loss of profits or any indirect or consequential loss or
damage arising out of these terms or our dealings with each other, which is not foreseeable.
8. Events Beyond Our Control
8.1. We reserve the right to defer the date of delivery or to cancel your order if we are prevented
from or delayed in the carrying on of our business due to circumstances beyond our
reasonable control.
9. Variations to these Terms
9.1. We reserve the right to make changes to these Terms, the descriptions of our Products, and
our prices. We will provide notice of the change by uploading the updated Terms, or
publishing the new descriptions of our Products or prices, on our Website. Any changes will
apply to all orders made after that time.
10. No Waiver
10.1.We will not be deemed to have waived any right under these Terms unless the waiver is in
writing and signed by us. A failure to exercise or delay in exercising any right by us under
these Terms will not operate as a waiver of that right. Any such waiver will not constitute a
waiver of any subsequent or continuing right or of any other provision in these Terms.
11. Governing Law and Jurisdiction
11.1. New Zealand law will apply and New Zealand courts will have jurisdiction in relation to these
Terms, and any claims arising out of any transaction between you and us.
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