welcome to the mello merino website, operated by mello merino limited (“mello merino”) and located at www.mellomerino.com (the "site"). the following terms and conditions (“terms”) govern your use of the site.
we may amend these terms from time to time by posting the revised version on the site or sending you an email before the effective date of any amendment. if you continue to use our site following the effective date of an amendment to these terms, then you will be deemed to have accepted the amendment. if you do not accept any amendment to these terms you will not be penalised by us, however you may no longer use the site from the effective date of that amendment.
TERMS OF SALE
our terms of sale apply to you when you purchase a product from us on the site, and you agree to be bound by our terms of sale when you order a product from the site.
checkout and your order
when you complete the checkout process on the site, you are submitting an order for products and this constitutes an offer to purchase the products. mello merino may not accept your offer for any reason.
your offer is accepted by mello merino when you receive an email from us confirming that your order is successful and has been accepted.
once we have confirmed that your order has been accepted, it cannot be amended or cancelled.
your account with us
to complete your order, you may need to create an account with us. only one account is permitted per person.
when you create an account, you must provide us with true and correct information, and you must update us of any changes to information relating to your account.
you must keep your password confidential and secure and you agree to accept responsibility for all activities that occur under your account. mello merino will not be responsible for any loss or damage that arises out of your failure to maintain the confidentiality of your account and password.
if you are under 18, you may use the site only under the supervision of a parent or guardian.
accuracy of product descriptions
we do our best to display accurate information on the site, however the information on our site may not always be up to date, accurate or complete, including (for example purposes only) product descriptions, photographs or pricing information. measurements on the site are approximate only.
if a product that you have purchased is not as described or pictured, you may return that product to us in an unused condition and we will provide a refund for the product to you.
products displayed on the site may not be available for purchase on the site. mello merino may change or discontinue products at any time without any prior notice to you. if you have placed an order for a product that is no longer available (or becomes unavailable), mello merino will work with you to either provide a refund, credit, or substitute a similar product and apply any price differences to your order.
all prices on the site are in new zealand dollars and can be viewed in the customers chosen currency. prices are inclusive of goods and services tax (“GST”), for new zealand purchases only. checkout will be in new zealand dollars at the most current exchange rate.
you may also be charged a shipping fee in accordance with the shipping terms.
we may change the prices on the site at any time, however if you submit an order for a product before any price change, then the purchase price for the product will be the price that was shown on the site at the time you submitted your order.
terms of payment
we accept payment on the site via VISA, mastercard, American Express and POLi.
when you pay by credit card, the payment will be processed by third party Shopify Pay on behalf of mello merino.
please visit the shipping page on the site for information about our shipping terms.
the shipping costs for your order are listed on the site during the checkout process.
if you have any questions about shipping please contact mello merino head office, details are on the contact us page of the site.
risk and title in the products that you have purchased will pass to you when our shipping agent who is responsible for delivering the products considers they have delivered the products to you.
you may return any product you have purchased directly from mello merino as long as it is unworn and unwashed. a product may be returned for a refund or exchange for any reason 30 days from the date the product ships.
for more information visit the returns page on the site.
subject to any of our obligations at law, mello merino will replace your mello merino garment within 6 months of purchase if it has faulty fabric, stitching or manufacturing. please return your garment as soon as possible so we can assess its condition and send you a replacement.
your use of the site
you may not:
(a) reproduce, adapt, copy, distribute or incorporate in any other work, in whole or in part, any information, content or material from this site, including any trade mark appearing on the site, without the written permission of mello merino
(b) use the site for any illegal activity, or for any activity that would cause us to breach any law
(c) use the site in any way that may bring us into disrepute, or for any activity that is inappropriate, including any use that is obscene, offensive or abusive
(d) create a link to the site (or any part of the site) from any other website, without the prior written consent of mello merino
information on the site
the copyright in all information, material, content (including rights in text, graphics, arrangement and design) that is displayed, or available on the site belongs to mello merino.
nothing in these terms constitutes a transfer or licence of any of our intellectual property rights, including any intellectual property rights that we have in and to the information, material or content that is displayed or available on the site.
mello merino may change the information, content or material that is displayed or available on the site at any time without any notice.
mello merino does not accept any liability for any information, content or material that appears on the site that is made in an unauthorised manner, or that is posted or uploaded to the site by another user of the site.
access to other websites
this site may contain links to third party websites that are not under the control of mello merino. mello merino does not endorse and is not responsible in any way for any information, content or material that is available on such third party website.
limitation of liability
you use the site at your own risk, and to the extent permitted by law mello merino will not be responsible or liable:
(a) other than claims that may arise out of the consumer guarantees act 1993 (if applicable) for any loss or costs incurred or suffered by you or any other person arising out of or in connection with your access to or use of the site or any linked websites
(b) for any loss or damage caused by spyware, viruses, worms, trojan horses or other items of a destructive nature that may be transmitted to your computer by use of the site, its servers, or e-mail sent from mello merino
you agree that the site:
(a) will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes)
(b) mello merino may, at any time and for any reason, make the site, or any part of the site unavailable to you or any other person.
to the extent permissible by law, mello merino makes no warranties of any kind, express or implied, as to the operation or security of the site.
if you are a “consumer” for the purposes of the fair-trading act 1986 and consumer guarantees act 1993, nothing in these terms is intended to limit any rights or remedies that you may have under the fair-trading act 1986 or the consumer guarantees act 1993.
if you “in trade” and are acquiring goods or services from us for a business purpose, you agree that the guarantees provided in the consumer guarantees act 1993 are excluded to the fullest extent permitted by law.
if any provision contained in these terms is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these terms will remain in full force and effect and will not in any way be impaired
notices and electronic communications
we may provide you with notices, including notices relating to these terms by way of electronic communications, including by email or other electric communication through the site.
we have no liability to you for any lack of performance, unavailability or failure of the site, to supply you any product, or failure to comply with these terms where the same arises from any cause reasonably beyond the control of mello merino.
liability to you
subject to our obligations under law, our total liability to you will be limited to the amount actually paid by you for the purchase of products from the site. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
by visiting the site, you agree that the laws of new zealand will govern these terms, and if there is any dispute relating to these terms that might arise between you and mello merino the new zealand courts will have non-exclusive jurisdiction over such dispute