terms and conditions - loanme or ownme limited

  1. TERMS AND CONDITIONS

    1. Welcome to the Loanme or Ownme Limited Website ("the Website").
    2. The following Terms and Conditions apply with respect to the use of the Website by a customer ("the Customer") use of the Website and all information, products and services Loanme or Ownme Limited ("LMorOM") offer or provide on or through the Website ("Website Services"). The Website Services include the sale and hireage of handbags ("Goods").
    3. By using, visiting or browsing the Website, the Customer has agreed to the Terms and Conditions without qualification.
    4. LMorOM reserves the right to change these Terms and Conditions, and any revised Terms and Conditions located on the Website from time to time will apply to the Customers use of the Website and for Website Services.
    5. All other information contained on this Website including, pricing and delivery details are also subject to change at any time.
    6. Any reference to "days" or months shall be construed as a reference to calendar days or calendar months as the context so requires.

  2. MEMBERSHIP

    1. To use the Website Services, a Customer must be a member of the Website. To apply for membership, a Customer must complete the application form contained on the Website ("the Application Form").
    2. When submitting the Application Form to LMorOM, the Customer agrees and warrants that:
      1. The Customer is no less than 18 years of age;
      2. The information contained in the Application Form, and any other information provided to LMorOM whether upon request or otherwise, is true and correct; and
      3. Any information provided to LMorOM in the Application Form will be updated by the Customer where necessary (for example if address details or telephone numbers change);
    3. The Customer acknowledges and agrees that in considering any Application Form submitted to LMorOM that LMorOM may make such enquires as it deems desirable to make, including but not limited to the obtaining of any credit records, credit reports, or other such similar information.
    4. The Customer acknowledges and agree that:
      1. The Customer waives any right to dispute account inaccuracies or discrepancies unless they are brought to the attention of LMorOM within 60 workings days of their appearance on the Customer Credit Card statement.
    5. The Customer acknowledges that the Customer is solely responsible for the use of any services ordered or requested with the membership details attributable to that Customer, and accordingly the Customer shall:
      1. Keep username, passwords, and other account information confidential and not disclose such information to any other person;
      2. Accept responsibility for the use of the computer upon which any account information is stored even where as a consequence services are provided by LMorOM without the knowledge or consent of the Customer;
      3. Advise LMorOM immediately in the event unauthorised use of the Customer's account is suspected.
    6. The Customer may terminate membership at any time provided that:
      1. Notification of cancellation is given to LMorOM in writing via the 'unsubscribe' link within the website.
      2. Any Goods of LMorOM in the possession of the Customer are returned to LMorOM prior to the expiration of the current Membership Period.
    7. LMorOM may terminate a Customer's membership at any time. Without limitation LMorOM will terminate membership in the event a Customer fails to comply with these Terms and Conditions or fails to pay any amount due to LMorOM hereunder.
    8. The cancellation of a Customer's membership is without prejudice to LMorOM's ability to charge the Customer Credit Card in respect of any loss or damage to any property of LMorOM as contemplated under clauses 4 and 5 of these Terms and Conditions.
    9. From time to time, LMorOM may offer users of the Site or receipts of gift vouchers or promotional offers. The LMorOM Membership offers users of the Site the opportunity to become a member without paying for the membership fee. To take advantage of a promotion Customers must enter a valid Promotional code.

  3. ORDERS AND SERVICES

    1. The Customer places an order on the Website at any time (subject to any planned or unplanned periodic disruption) by completing and submitting the order form on the Website ("the Order Form"). The price of the purchase or hire of any Goods are detailed on the Website and will be confirmed prior to the Customer submitting the Order Form. The Customer acknowledges that the prices stated on the Website are:
      1. Inclusive of any goods and services tax;
      2. Exclusive of courier, transport, and related insurance costs and LMorOM reserves the rights, and the Customer specifically authorised LMorOM to charge the Customer Credit Card in respect of those costs;
      3. In New Zealand dollars unless specifically stated to the contrary.
    2. The Customer acknowledges that:
      1. The Customer is not entitled to order for the purposes of hire or loan more than any two (2) Goods at any one time; and
      2. Any order placed by the Customer may be accepted or rejected by LMorOM at its sole discretion; and
      3. In the case of hired Goods, the property in such Goods at all times remains with LMorOM.
    3. Where LMorOM accepts an order, LMorOM will send to the Customer a personalised email within two (2) business days including an order confirmation number and invoice. The amount contained in the invoice will be charged to the Customer Credit Card on or about the date the personalised email is sent to the Customer.
    4. Once an order has been placed by a Customer, and accepted LMorOM will courier the Goods to the delivery address that the Customer has recorded on the Order Form. LMorOM uses a delivery system under which confirmation of delivery is recorded electronically. The Customer will be responsible for ensuring that there is a person available at that address to take delivery of the Goods. In the case where the Goods are hired, the designated hire period commences when the Goods have been delivered to the Customer.
    5. The Customer may by accessing their membership account renew or extend the loan of any particular Goods, and the Customer Credit Card will be charged for the additional hireage period.
    6. LMorOM acknowledges the importance that the Customer is satisfied with any Goods they have hired. If the Customer is dis-satisfied in any respect with the Goods they have hired, they may return them to LMorOM within 24 hours of receipt for a full credit of the hireage cost. The Customer acknowledges that the delivery and other costs associated with delivering the Goods from and to LMorOM shall remain payable notwithstanding the operation of the clause.
    7. Any Goods hired under these Terms and Conditions are for the exclusive use of the Customer.
    8. Any Goods purchased by a Customer are deemed to be purchased by the Customer based on their own enquiries and investigations and are supplied "as is", and LMorOM is under no obligation to refund or replace any particular Goods so purchased.

  4. RETURN OF GOODS AND LATE RETURN

    1. The Customer must return the hired Goods to LMorOM within five (5) days of delivery or at the end of the period for which the Customer has hired the handbag.
    2. Goods are returned when received at the LMorOM address for delivery recorded on the invoice issued to Customers. The Customer acknowledges a certificate issued by LMorOM shall be sufficient evidence of the date and time of return of any Goods, except where the delivery or courier system used by the Customer uses an electronic tracking system, in which case the date and time of return of any Goods shall be the date and time determined by that system.
    3. A late fee equivalent to the hireage paid for the original hireage period is chargeable against the Customer Credit Card if any Goods are returned late.

  5. LOSS AND DAMAGE TO HIRED GOODS

    1. If the Goods are damaged (fair wear and tear excepted) LMorOM will be entitled to charge the Customer Credit Card for the cost of repair, professional cleaning, or replacing those Goods at the replacement value listed on the Website.
    2. If the Customer fails to return any Goods to LMorOM, LMorOM is entitled to deduct a replacement fee from the Customer Credit Card at the replacement value listed on the Website.
    3. The Customer undertakes and warrants to insure the Goods against loss or theft whilst in the customers care.

  6. WEBSITE SERVICES

    1. LMorOM will provide the Website and Website Services that the Customer requests with reasonable care and skill, however, LMorOM do not warrant that the Website or Website Services:
      1. operate on a continuous or fault free basis or at any particular time of location, or;
      2. are secure or private, or;
      3. are free of viruses or other harmful features.
    2. LMorOM will endeavour to have access to the Website or Website Services restored as reasonably possible in the event of an outage or other technical fault.

  7. LIMITATIONS OF LIABILITY

    1. The Customer acknowledges that, except as required by law or specifically provided for in these Terms and Conditions, LMorOM has no liability to the Customer for any loss of profit or anticipated loss of profit, loss of data, loss of use, damage to goodwill, loss caused by delay, or any other direct or indirect loss or damage (including without limitation consequential loss or damage) however caused, (including without limitation actions founded in tort, contract, or breach of statutory duty) which may be suffered or incurred or which may arise from or in connection with the Customer's use of the Website, the provision of the Website Services by LMorOM (including without limitation then hire age or sale of Goods).
    2. The Sale of Goods Act 1908, Hire Purchase Act 1971, Commerce Act 1986, Fair Trading Act 1986 and other statues may imply warranties or conditions or impose obligations upon LMorOM which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such legally mandatory terms or conditions imposed on LMorOM. LMorOM liability's shall only apply to the minimum extent required by that statute or provision and those legal obligations shall be restricted and modified so that only the legal essential obligations contained therein apply to any Goods supplied by LMorOM. If such statutory provisions nevertheless apply, LMorOM's liability there under shall be limited to:
      1. In the case of Goods which have been purchased, at its option of LMorOM to:
        1. the replacement of the Goods or the supply of equivalent Goods;
        2. the payment of the cost of replacing the Goods or of acquiring equivalent;
        3. the repair of the Goods; or
        4. the payment of the cost of having the Goods repaired; and
      2. In the case of Goods which have been hired by the Customer, to the amount paid by the Customer pursuant to the invoice issued by LMorOM in respect of those Goods.
    3. The Customer acknowledges for the purposes of the Consumer Guarantees Act 1993 that any Goods supplied by LMorOM to it for the purposes of the Customer's business have been supplied "in trade" within the meaning of that Act.

  8. INTELLECTUAL PROPERTY

    1. The Website is owned by LMorOM, and is subject to copyright. The information on this site is protected under New Zealand copyright laws. Subject to provisions of the Copyright Act 1993 (New Zealand), you must not in any form or by any means:
      1. copy, adapt, reproduce, broadcast, store, transmit, distribute, print publish or create derivative works from any information or material on this site;
      2. alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this site which can be accessed through this site; or
      3. use or apply, for commercial purposes any material or information on this site, without the prior written consent of LMorOM.
    2. LMorOM may include hyperlinks on the Website to other websites or resources operated by parties other than LMorOM. LMorOM has not reviewed all of the sites linked to its website and is not responsible for and does not endorse or authorise the content or accuracy of any internet or web pages that do not form part of the Website. LMorOM is not responsible for any damage, loss or offence caused or alleged to be caused by the use of or reliance on any such content.
    3. LMorOM owns all rights, title and interest in and to this site. LMorOM owns all trademarks, trade names, logos and domain names pertaining to LMorOM as used on or in connection with this site. For the avoidance of doubt, the name "LoanMe or OwnMe" is an exclusive trademark owned by LMorOM. Any modification or use of the materials from this site for any purpose not explicitly permitted is a violation of LMorOM's copyright and other proprietary rights. No part of this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of LMorOM.
    4. LMorOM acknowledges the importance of third party intellectual rights. The Customer, and any visitor to the Website acknowledges that it is in no way representing, or holding itself to represent, any third party including any manufactures or brands whose products are available for hire or purchase pursuant to the Website.

  9. GENERAL

    1. Any order made by a Customer is made in accordance with these Terms and Conditions unless expressly stated to the contrary, and an order so made forms the entire agreement between the parties.
    2. Any disputes arising out of an order for Goods or other Website Services will be governed by New Zealand law. The New Zealand courts have exclusive jurisdiction.
    3. The customer acknowledges that he/she has read, understood and agreed to the terms of the Privacy Statement annexed hereto.

terms and conditions - loanme or ownme limited

  1. LMorOM Gift Cards, LMorOM Online Gift Certificate (collectively Gift Vouchers), and Promotional Codes, can can only be used online at the LMorOM Website.
  2. Please treat Complimentary Vouchers like cash. Complimentary Vouchers will not be replaced or refunded if lost or stolen. LMorOM is not responsible for lost Gift Cards or Online Certificates.
  3. Gift Vouchers will not be returnable or exchangeable for cash, except in states where required by law.
  4. Gift Vouchers cannot be used to purchase Gift Cards or Online Certificates.
  5. Purchase amounts that exceed the value of the tendered Complimentary Voucher will require a credit card for the balance due.
  6. To borrow products from LMorOM a credit card is required even if not used to charge for the borrowed items.
  7. Complimentary Vouchers do not expire and we do not assess any service fees for non-use.
  8. The use of Complimentary Vouchers for the purpose of hiring or purchasing Goods will be in accordance with the LMorOM Standard Terms.
  9. Your purchase or use of a Gift Card or Online Certificate constitutes acceptance of these Terms and Conditions. These Terms and Conditions are subject to change without notice.
  10. For the purposes of these Terms and Conditions:
    1. "LMorOM" means LoanMeorOwnMe Limited;
    2. "Standard Terms" means the LMorOM Standard Terms and Conditions available on our website