Terms & Conditions
Welcome to Mode.co.nz New Zealand's premium fashion shopping site. These terms and conditions are intended to give you an overview of how this site operates and what each users obligations are as well as those of Mode.co.nz.
1 Acceptance of Terms and Conditions
The following Terms and Conditions are the terms on which Mode.co.nz (Retail on Sale NZ Limited)
offers you access to the website and the products advertised. By registering an account or completing a
purchase with Mode.co.nz you are deemed to have accepted these Terms and Conditions. If you do
not wish to accept these Terms and Conditions" you will not be granted access to the facilities we
Amendment of Terms and Conditions
These Terms and Conditions may be amended in whole or in part by Mode.co.nz from time to time.
Amendments will be effective immediately upon posting of the amended Terms and Conditions on this
website. It is your responsibility to ensure that you are familiar with the latest Terms and Conditions.
Your continued use of your account or our shopping cart facility represents your agreement to be bound
by the Terms and Conditions applicable at the time of your login to our site.
2 Our Terminology
Customer, You, Your - Refers to you personally as our registered customer or shopper.
Item, Items - Refers to product available for purchase through this site.
Listing - Means a listing on our Website through which a product is advertised and maybe purchased by a customer.
Seller supplier - Refers to merchants who advertise their product on the website for sale.
We us and our - Refers to Mode.co.nz as the business owned by Retail on Sale NZ Ltd.
Website - Means any Mode.co.nz website through which our services are offered.
3 How Mode.co.nz works
Mode.co.nz is an online portal that brings together a network of New Zealand fashion retailers, manufacturers and wholesalers to sell current season or sale stock and for buyers to browse and purchase products. We act only as an intermediary between sellers and buyers and make no representation as to any seller. Mode.co.nz facilitates the payment between parties but product advertised on our site is dispatched directly from the seller. It is up to each individual supplier to ensure their advertised product is accurately displayed and we take no responsibility for orders that cannot be fulfilled for any reason or for late despatch or delivery of any product for whatever reason.
4 Use of our Website
4.1 By registering as a member you warrant that you can form a legally binding contract and are at least 18 years of age;
4.2 You must ensure that all information you give Mode.co.nz is true correct and complete.
4.3 You must not damage interfere with or harm (or attempt to do so) the Website or Services or any network or system underlying or connected to them;
4.4 You may not use a robot, spider, scraper or other automated means to access the Website or information feature on it for any purpose;
4.5 You are responsible for any actions taken through your membership access;
4.6 You agree that you will not copy, reproduce, alter, create derivative works or display publicly any content from the Mode.co.nz web site without our prior written permission;
4.7 If you fail to comply with these Terms and Conditions Mode.co.nz may suspend or terminate your membership without notice or warning.
5 Security of your Member/login Information
You are solely responsible for keeping your login information including your email address and password secret and secure. Without limiting the foregoing you agree:
5.1 Not to permit any other person to use your user name or login details or membership; and
5.2 Not to disclose or provide to any other person your password email address date of birth or any other information in connection with your membership that may allow any other person to gain access to your membership account.
5.3 You will change your password immediately if you believe that your membership details/access may have been used without your authorization.
5.4 You expressly understand and agree that your use of the services is at your sole risk. The website and services are provided on an "as is" and "as available" basis. Mode.co.nz does not warrant that the services provided will be uninterrupted, timely, secure, or error free or that any information provided on the website is error-free or reliable.
6.1 All listings or communications made through Mode.co.nz shall be made in good faith;
6.2 Sellers on Mode.co.nz are solely responsible for the content of their listings;
6.3 Mode.co.nz shall not be deemed to recommend or endorse products (or services) by permitting them to be offered for sale on its web site;
6.4 Mode.co.nz makes no representations as to any seller.
7 Seller Responsibility
Sellers of products on Mode.co.nz are required to act in good faith at all times. They are solely responsible for product pricing, warranties, endorsements, descriptions, imagery and any other product representation made on our site. They are also governed by laws of Consumer Guarantees and Fair Trading Acts and as such must act accordingly with regard to returns and refunds or any other product related queries. Contact Mode.co.nz directly for any issue you may have regarding a product you have purchased and we will advise on the best course of action. If we find that a seller is regularly in breach of their obligations we would look to suspending our site services to them. This will be at the discretion of Mode.co.nz .
8 Advertised Product
Sellers will endeavour to provide as much relevant information as possible for each individual listing with regard to any flaws or shop soiling particularly in relation to fashion clothing. 'Shop soiling' should only require a single laundering by following manufacturer?s care instructions however if you feel the condition of the item is still not acceptable please contact us in the first instance and we will advise you on the best course of action to rectify the situation. Product flaws should be clearly noted in the product
detail page so you are aware of any defects before you purchase. In both instances you should find the price will reflect the item's condition and allowances should be made as such.
9 Pricing on our Site
All prices quoted on our site are in New Zealand dollars and include GST. Sellers are asked to provide the usual price of the advertised item which will be the price the product was ?usually? advertised at in
store. For manufacturers or wholesalers supplying to the site ?usual price? will be the price the product
would usually be available to the public at.
'Buy Now' is the price offered for sale on Mode.co.nz. For current season styles and products
where no discount is offered just 'Buy Now' will be displayed.